1 JOURNALS

OF THE

LEGISLATIVE ASSEMBLY

OF THE

PROVINCE

OF

NEW BRUNSWICK

From the 29th day of July to the 8th day of August, 2003 From the 9th day of December to the 19th day of December, 2003 From the 30th day of March to the 30th day of June, 2004 December 2nd, 2004

First Session of the Fifty-Fifth Legislative Assembly

Fredericton, N.B.

2003-2004 The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences — Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. MEMBERS OF THE LEGISLATIVE ASSEMBLY First Session of the Fifty-Fifth Legislative Assembly Speaker: Constituency Member Residence Albert Hon. Lower Coverdale Bathurst Bathurst Campbellton Roy Boudreau Campbellton Caraquet Hédard Albert Caraquet Carleton Hon. Centreville Centre-Péninsule Trudel Charlotte St. George Dalhousie- Nash Creek Dieppe-Memramcook Cy (Richard) Leblanc Dieppe Hon. Madeleine Dubé Edmundston -Fort Nashwaak Fredericton Thomas J. Burke Fredericton Fredericton South Hon. , Q.C. Fredericton Eric Allaby Grand Manan Grand Bay-Westfield Milton A. Sherwood Westfield Grand Falls Region Ronald Ouellette Grand Falls Grand Lake Eugene McGinley, Q.C. Chipman Hampton-Belleisle Hon. Bev Harrison Hampton Kennebecasis Hon. Kent Mundleville Claude Williams Saint-Antoine Kings East LeRoy Armstrong Apohaqui Lamèque-Shippagan-Miscou Hon. Pointe Brulée Mactaquac Kirk MacDonald Stanley Madawaska-les-Lacs Hon. Jeannot Volpé Saint-Jacques Madawaska-la-Vallée Hon. St. Leonard Miramichi Bay Néguac Miramichi-Bay du Vin Miramichi John Winston Foran Miramichi Moncton Crescent John Betts Moncton Moncton East Hon. Fredericton Moncton North Michael Murphy Moncton Moncton South Hon. Joan MacAlpine Moncton Nepisiguit Frank Branch Big River New Maryland Hon. Lincoln Nigadoo-Chaleur Roland Haché Petit Rocher -Gagetown Burton Petitcodiac Petitcodiac Burt Paulin Saint-Jean-Baptiste Riverview Hon. Riverview Rogersville-Kouchibouguac Hon. Rose-May Poirier St-Louis de Kent Saint John Champlain Roly MacIntyre Saint John Saint John-Fundy Gardner Creek Saint John Harbour Saint John Saint John-Kings Hon. Margaret-Ann Blaney Rothesay Abel LeBlanc Saint John Saint John Portland Saint John Shediac–Cap-Pelé * Shediac Southwest Miramichi Boiestown Tantramar Hon. Sackville Tracadie-Sheila Hon. Rivière-à-la-truite Victoria-Tobique Dr. Larry Kennedy Perth-Andover Western Charlotte Hon. St. Stephen Woodstock Hon. Riceville York Scott Targett Yoho OFFICERS OF THE ASSEMBLY Loredana Catalli Sonier, Clerk Donald Forestell, Clerk Assistant Daniel Bussières, Sergeant-at-Arms Shayne Davies, Clerk Assistant *Elected October 4, 2004 vice resigned November 25, 2003

JOURNALS

of the LEGISLATIVE ASSEMBLY

of the PROVINCE OF

FIRST SESSION OF THE FIFTY-FIFTH LEGISLATIVE ASSEMBLY, 2003 - 2004

THE HONOURABLE MARILYN TRENHOLME COUNSELL LIEUTENANT-GOVERNOR

Fredericton, N.B. Tuesday, July 29, 2003.

PROCLAMATION WHEREAS the fifth Session of the fifty-fourth Legislative Assembly of this Province was dissolved on the tenth day of May 2003; AND WHEREAS I have thought fit to call the first session of the fifty-fifth Legislative Assembly of this Province into session, I hereby issue a Proclamation that the same be called to meet on the twenty-ninth day of July, 2003, at 3:00 o’clock in the afternoon. Given under my hand and the Great Seal of the Province at Fredericton on this 9th day of July, in the year of our Lord Two Thousand and Three and in the fifty- second year of Her Majesty’s Reign.

BY COMMAND OF THE LIEUTENANT-GOVERNOR Bradley Green, Q.C. Marilyn Trenholme Counsell. Attorney General Lieutenant-Governor. 2 52 - 53 Elizabeth II, 2003 - 2004 July 29

This being the day appointed for the opening of the First Session of the Fifty-fifth Legislative Assembly of the Province of New Brunswick for the dispatch of business pursuant to the proclamation hereinbefore annexed, and the oath having been already administered to the Members of the Legislative Assembly as named in the roll, delivered to the Clerk of the House by the Chief Electoral Officer, the said Members took their seats in the House.

The Clerk of the Legislative Assembly then addressed herself to the House as follows: Members of the Legislative Assembly: I am commanded by Her Honour the Lieutenant-Governor to inform you that she doth not think fit to declare the causes for which she has summoned this Legislative Assembly until a Speaker thereof shall have been chosen. It is therefore Her Honour’s will that you, the Members of the Legislative Assembly do proceed forthwith to choose a fit and proper person to be your Speaker, and that you present the person so chosen to Her Honour in this Assembly Chamber this afternoon for Her Honour’s approbation.

The House then proceeded to the election of a Speaker pursuant to the provisions of Standing Rule 11. The Clerk then announced: Members of the Legislative Assembly, it is my duty to inform you that only one candidate stands for election to the office, pursuant to Standing Rule 11(8)(m). Therefore, it is my duty to announce that Bev Harrison, the honourable member for the electoral district of Hampton-Belleisle, is declared elected as Speaker. The Premier, the Hon. Bernard. Lord, and the Leader of the Opposition, Mr. Shawn Graham, escorted Mr. Harrison to the dais where, standing on the upper step, he addressed the House as follows: Members of the Legislative Assembly, I will begin my remarks by repeating the traditional words spoken by a Speaker following election to the office. It is my pleasure today to express my grateful and humble acknowledgment to the House for the great honour you have been pleased to confer on me by choosing me as your Speaker. July 29 Journal of Assembly 3

Conscious as I am of my comparative inexperience in parliamentary procedure, I should have hesitated before accepting a position involving so much responsibility, were it not for the fact that I shall be able at all times to rely with confidence upon the courtesy, forbearance, and kindness of every Member of the Assembly. Again, thanking you, I now submit myself to the House. I will take some liberty with my acceptance speech, since it will be one of the few occasions upon which the Speaker actually gets to speak. A little of my background as a history teacher will show as you get your first lesson of the day, especially where there are so many new members. The history of the Speakership goes back many centuries to 1376. At one point, the Speaker was chosen by the King to report the proceedings of the House, which made the Speaker unpopular with the House. Later, the Speaker was chosen by the Commons to take messages or to speak to the King—thus the title “Speaker”. This put the Speaker in a precarious or dangerous position. Sometimes those messages were not well received. Undoubtedly, the expression “Don’t shoot the messenger” stems from those days, for sometimes, the Speaker did not return. Today the great test is not when the Speaker goes to see the King, but when the Speaker comes to see you. Thus, there is the dragging of the reluctant Speaker to the chair to accept his role, or maybe his fate. I think dragging the Speaker to his chair could be more appropriate today than at the beginning of any other Legislature in the past, considering the unique position in which I find myself. We have developed an adversarial form of government based on concepts of parliamentary democracy. In the Chamber, the precedents and practices of the past will often appear as we debate the issues and make the decisions that will affect the province. The House is a place where history is formulated every day. The late Tommy Douglas once said that politics is the noblest of professions but the vilest of trades. People fight hard to earn a seat in this Chamber, yet they arrive with definite opinions and deep convictions regarding the issues facing our province. As the Speaker, it is my goal to work with all members to ensure the dignity and traditions of this institution that we all respect. It must be able to function, no matter how sincere differences may be and no matter how passionately views are expressed. We need to 4 52 - 53 Elizabeth II, 2003 - 2004 July 29

cooperate and, yes, even compromise if we are to effectively fulfill the expectations of the people of New Brunswick. The fact is, we need to work together in a way that Parliament was originally intended to work. Overt partisanship needs to be softened. Although the Speaker is above all the servant of the House, the Speaker is invested by all of you here today with considerable authority. At times, I may even have to use it. The Speakership throughout the Commonwealth is molded in the Westminster traditions. The Speaker’s responsibilities are to the House and to its members. In addition, there are constituency and public responsibilities. The Speaker needs to have the ability to change hats, so to speak—neither pun intended—with dignity and common sense. Do not scoff at tradition. It was the poet and dramatist T.S. Eliot who argued very strongly: It is our present view of reality that constantly reforms and reorganizes our thinking about the past, and every forward step allows us a wider perspective and appreciation of our past tradition. In fact, it is the present that shapes and determines our tradition. One bit of history has set up the tradition of the modern Speaker. It is appropriate that we be reminded of the words of Speaker Lenthall when, in 1642, King Charles I entered the House of Commons of Westminster with an armed force and demanded that the Speaker reveal the whereabouts of some members. The Speaker said, “May it please Your Majesty, I have neither eyes to see, nor tongue to speak in this place, but as the House is pleased to direct me, whose servant I am here.” I will quote the words of Edward Blake, who said in 1873, “The privileges of Parliament”, i.e. the Legislature, “are the privileges of the people. The rights of Parliament are the rights of the people.” Those words are still true. We should always remember them. Thereupon Mr. Harrison took the chair, and the mace was placed upon the Clerk’s Table.

Her Honour the Lieutenant-Governor then entered the House and took her seat in the chair upon the Throne. The Speaker then addressed Her Honour to the following effect: May it Please Your Honour: Your Honour having communicated your pleasure to the House, they proceeded to choose a Speaker. They have elected me to that July 29 Journal of Assembly 5

important and honourable position, and I am now presented for Your Honour’s approval. The Clerk of the House then said: Mr. Harrison, I am commanded by Her Honour the Lieutenant- Governor to declare to you that she is fully sensible of your zeal for the public service and of your sufficiency to execute the duties of the office to which you have been elected by the Legislative Assembly, and she doth readily approve of their choice, and allow and confirm you to be their Speaker.

Mr. Speaker then addressed Her Honour in the following words: May It Please Your Honour: Your Honour having been pleased to approve the choice of the Assembly in electing me to be their Speaker, it now becomes my duty in the name and on behalf of the Assembly, to claim and demand that they have all their ancient and accustomed rights and privileges, especially freedom from arrest, freedom of speech in debate, access to Your Honour when they think the public service requires it, and that the most favourable construction be put on all their proceedings and on my own behalf I have to request that any error of mine may not be imputed to the Assembly. To which the Clerk of the House replied: Mr. Speaker, Her Honour hath the utmost confidence in the loyalty and attachment of this Assembly of Her Majesty’s person and government and in the wisdom, temper and prudence which will accompany all their proceedings, and she doth most readily and willingly grant and allow them all their privileges in as full and ample a manner as they have at any time heretofore been granted and allowed. With respect to yourself, Mr. Speaker, though Her Honour is sensible that you do not stand in need of such assurance, Her Honour will ever put the most favourable construction on your words and actions.

Her Honour the Lieutenant-Governor then delivered the following speech: Mr. Speaker, and Honourable Members of the Legislative Assembly: 6 52 - 53 Elizabeth II, 2003 - 2004 July 29

It is my honour and privilege to welcome you to the First Session of the 55th Legislative Assembly of the Province of New Brunswick. On behalf of this Assembly, I welcome the Honourable Bernard Lord as . I also welcome the Leader of the Official Opposition, the leader of the , our new Speaker, and recently elected Members of the Legislative Assembly. On June 9, the people of New Brunswick chose which party they wanted to form their government. Your government accepts the mandate they have been given and the responsibility with which they have been entrusted. At the same time, your government recognizes and respects the decision of the people of New Brunswick in this regard to elect a more balanced legislature, and seeks the collaboration of all Members of this Legislative Assembly in the conduct of the people’s business. Your government pledges to work in a spirit of cooperation to make the Legislature work for New Brunswickers and asks all members of this House to do the same. In the election, your government sought and received a second mandate for its policies and platform entitled New Brunswick: Reaching Higher. Going Further. This platform focuses on prosperity: Building Prosperity, Sharing Prosperity and Supporting Prosperity. This session marks the beginning of implementation of your government’s platform aimed at bringing greater prosperity to New Brunswickers through a range of legislative, policy and financial initiatives and actions. Accordingly, this First Session of the 55th Legislative Assembly has been called at this time for two immediate purposes: to consider legislation that would lower automobile insurance rates for New Brunswick drivers retroactive to July 1st and to establish various legislative committees. Building on initiatives already undertaken and in place to ensure more affordable, fair, and accessible automobile insurance for New Brunswickers, a new Bill to amend the Insurance Act will be introduced. The proposed Bill will require all insurance companies doing business in New Brunswick to file new automobile insurance rates by August 15, 2003 and to justify these rates before the Public Utilities Board. Those companies which do not file new rates by this date will be deemed to have filed rates that are 20 per cent less than the rates they charged prior to July 1, 2003. July 29 Journal of Assembly 7

The proposed Bill will also require all insurance companies to refund excess premiums paid to eligible consumers, based on the new lower rates, within 45 days of their new rate being approved by the Public Utilities Board. To ensure that consumers benefit quickly from these rate changes, companies will be entitled to charge the new proposed lower rates pending the hearing of their application by the Public Utilities Board. Provisions will also be included to reinforce the need for timely decision-making by the Public Utilities Board to approve new lower rates for consumers. The Bill will freeze these new lower rates for a period of one year from July 1, 2003 to ensure consumers benefit from greater rate stability. The Bill will set additional rules requiring insurance companies to live up to their obligations to consumers with appropriate penalties and fines should they fail to do so. Given the importance of this legislation to New Brunswickers, this House will be asked to facilitate a speedy consideration of this matter in order to ensure New Brunswickers can receive the benefits of lower automobile insurance rates quickly and efficiently as set out in the Bill. Your government has already offered to work cooperatively with the Opposition members of the Legislature to ensure this may be accomplished on behalf of New Brunswickers. Strengthening the role of Legislative Committees is a key commitment of the government’s platform. A Special Committee of the Legislative Assembly on Wood Supply will be struck to examine opportunities and strategies arising from the Jaakko Pöyry Report to increase the available wood supply in New Brunswick, as well as to address other related issues facing the forestry industry. This committee will seek out opinions and knowledge concerning the forestry industry and will advise the Minister of Natural Resources and this Assembly as to the options for the maintenance, sustainability and development of this most important industry for the people of New Brunswick. To reflect the importance your government attaches to providing quality health care and quality education to New Brunswickers, approval will be sought from the Legislative Assembly to designate the current Select Committees on Health Care and Education full standing committees with comprehensive mandates. 8 52 - 53 Elizabeth II, 2003 - 2004 July 29

Your government will also provide details on additional policy and program matters of importance to the people of New Brunswick. May divine providence guide you in your deliberations. Thank you. Her Honour the Lieutenant-Governor then retired. Mr. Speaker resumed the Chair.

The Speaker, pursuant to the provisions of the Elections Act, laid upon the table of the House the returns of votes polled in the several electoral districts of the province in the general election held June 9, 2003. On motion of Hon. Mr. Lord, seconded by Hon. Mr. Green: RESOLVED, that the returns be entered in the Journals of the House. And they are as follow RETURNS OF THE GENERAL ELECTION FOR MEMBERS OF THE LEGISLATIVE ASSEMBLY HELD ON THE 9th DAY OF JUNE 2003 RESTIGOUCHE WEST # 1 Benoît (Ben) Cyr PC 2523 Burt Walter Paulin L 4008 Antoine Duguay NDP / NPD 257 Judith Fortin Returning Officer CAMPBELLTON # 2 Jean Dubé PC 2771 Roy Boudreau L 3979 Murray Mason NDP / NPD 293 Gladys Swan Returning Officer DALHOUSIE-RESTIGOUCHE EAST # 3 Paul Emile McIntyre PC 3088 Donald Arseneault L 3445 Joel W Hickey NDP / NPD 645 Linda Flynn Returning Officer NIGADOO-CHALEUR # 4 Hermel Vienneau PC 3529 Roland Haché L 3887 Kate Hayward NDP / NPD 380 Solange Basque-Rhéaume Returning Officer July 29 Journal of Assembly 9

BATHURST # 5 Nancy McKay PC 3252 Brian A. Kenny L 3348 Mark Robar NDP / NPD 304 Gilles Pratt Returning Officer NEPISIGUIT # 6 Joel E Bernard PC 2200 Frank Branch L 3498 Normand Savoie NDP / NPD 894 Roger Gionet Returning Officer CARAQUET # 7 Gaston Moore PC 3550 Hédard Albert L 3649 Gérard Béland NDP / NPD 457 Aurélien A. Lanteigne Returning Officer LAMÈQUE-SHIPPAGAN-MISCOU # 8 Paul Robichaud PC 4788 Denis Roussel L 2846 Jean-Baptiste Bezeau NDP / NPD 335 Isaïe A. Plantin Returning Officer CENTRE-PÉNINSULE # 9 Louis-Philippe McGraw PC 3045 Denis Landry L 3097 Rose Duguay NDP / NPD 396 Sylvie Robichaud Returning Officer TRACADIE-SHEILA # 10 Elvy Robichaud PC 4583 Weldon McLaughlin L 2894 Stéphane Richardson NDP / NPD 661 Yves Renauld Returning Officer MIRAMICHI BAY # 11 Réjean Savoie PC 3050 Carmel Robichaud L 3267 Hilaire Rousselle NDP / NPD 729 Nancy Ménard Returning Officer 10 52 - 53 Elizabeth II, 2003 - 2004 July 29

MIRAMICHI-BAY DU VIN # 12 Michael J. (Tanker) Malley PC 3917 Frank B. Trevors L 3464 Dwayne Hancock NDP / NPD 490 Thomas G. Williston Returning Officer MIRAMICHI CENTRE # 13 PC 3149 John Winston Foran L 3736 Lance Lyons NDP / NPD 663 Sylvia L. Smith Returning Officer SOUTHWEST MIRAMICHI # 14 PC 2823 Rick Brewer L 3395 Chris Ashford NDP / NPD 332 Leslie Greene Returning Officer ROGERSVILLE-KOUCHIBOUGUAC # 15 Rose-May Poirier PC 3289 Maurice Richard L 2968 Oscar Doucet NDP / NPD 407 Jean-Louis Gigou Returning Officer KENT # 16 Valmond Joseph Daigle PC 1905 Shawn Michael Graham L 3615 Jerry Cook NDP / NPD 958 Giselle Savoie Returning Officer KENT SOUTH # 17 Claude Williams PC 4933 Stephen Doucet L 4065 Neil Gardner NDP / NPD 671 Paul Bourgeois Returning Officer SHEDIAC-CAP-PELÉ # 18 Odette Babineau PC 3055 Bernard Richard L 6391 Claudette Beland NDP / NPD 309 Carole Doiron Returning Officer July 29 Journal of Assembly 11

TANTRAMAR # 19 Peter Mesheau PC 2922 Susan Purdy L 1569 Geoff Martin NDP / NPD 522 Denise Martin Returning Officer DIEPPE-MEMRAMCOOK # 20 Cy (Richard) LeBlanc PC 5541 Elie J. Richard L 5451 Hélène Lapointe NDP / NPD 786 Roméo J. LeBlanc Returning Officer MONCTON EAST # 21 Bernard Lord PC 4177 Chris Collins L 3113 Jean-Marie Nadeau NDP / NPD 724 Paul E. Leger Returning Officer MONCTON SOUTH # 22 Joan MacAlpine PC 3143 Norman R Branch L 2710 Stéphane Drysdale NDP / NPD 437 John Gallant TGP 72 Jean-Marc (Diggit) Dugas IND 226 Harris C. Tait Returning Officer MONCTON NORTH # 23 René (Pepsi) Landry PC 3054 Mike Murphy L 3555 Nancy MacBain NDP / NPD 543 Bernard Richard Returning Officer MONCTON CRESCENT # 24 John Betts PC 4230 Ray Goudreau L 3376 Richard Golding NDP / NPD 628 Kelly Power Returning Officer PETITCODIAC # 25 Wally Stiles PC 3481 Bethany Dykstra L 1849 Tracy Trott NDP / NPD 298 Dan Leaman TGP 120 Rose E. Horsman Returning Officer 12 52 - 53 Elizabeth II, 2003 - 2004 July 29

RIVERVIEW # 26 R. Bruce Fitch PC 3794 Ward White L 3287 John Robert Falconer NDP / NPD 391 Harry Lord Returning Officer ALBERT # 27 Wayne Steeves PC 3198 Clark Butland L 2311 Pat Pearson NDP / NPD 457 Lois C. Butland Returning Officer KINGS EAST # 28 Doug Cosman PC 2713 LeRoy Armstrong L 3169 George G. Horton NDP / NPD 996 Robert Blizzard Returning Officer / Directeur du scrutin HAMPTON-BELLEISLE # 29 Bev Harrison PC 3392 Robert (Bob) Bates L 2736 Pat Hanratty NDP / NPD 1336 John Hughes TGP 208 Richard G. Thorne Returning Officer / Directeur du scrutin KENNEBECASIS # 30 Brenda Fowlie PC 3265 Murray Driscoll L 3247 Kenneth W. Wilcox NDP / NPD 970 Joanne Marie Nice Returning Officer SAINT JOHN-FUNDY # 31 PC 2271 Stuart Jamieson L 2698 Liam Freill NDP / NPD 517 Marjorie MacMurray TGP 172 Susan Ewing Returning Officer SAINT JOHN-KINGS # 32 Margaret-Ann Blaney PC 3135 Tom Young L 2456 Jeff Joseph Thibodeau NDP / NPD 791 Mark LeBlanc TGP 145 Lorne McGuigan Returning Officer July 29 Journal of Assembly 13

SAINT JOHN CHAMPLAIN # 33 Mel Vincent Jr. PC 1501 Roly MacIntyre L 2160 Ralph Thomas NDP / NPD 1507 Bill Richard Reid TGP 223 Dan Doucette Returning Officer SAINT JOHN HARBOUR # 34 Dennis Boyle PC 1291 Anne-Marie Mullin L 1236 Elizabeth Jane Weir NDP / NPD 1930 Harold Fanjoy Returning Officer SAINT JOHN PORTLAND # 35 Trevor Arthur Holder PC 2476 Colleen Knudson L 2307 Mary Arseneau NDP / NPD 1191 Jane Beyea Returning Officer SAINT JOHN LANCASTER # 36 Norm MacFarlane PC 2633 Abel LeBlanc L 2942 Walter Lee NDP / NPD 1365 Jim Webb TGP 170 David Lake Returning Officer GRAND BAY-WESTFIELD # 37 Milt Sherwood PC 2209 Kevin Quinn L 1991 Percy Ward NDP / NPD 556 Ben Perry TGP 191 Colby Fraser IND 191 Margaret Lawson Returning Officer CHARLOTTE # 38 Sharon E. Tucker PC 1573 Rick Doucet L 2777 Patty Hooper NDP / NPD 1149 Harold T. (Smitty) Smith TGP 118 Jeanette Mitchell Returning Officer 14 52 - 53 Elizabeth II, 2003 - 2004 July 29

FUNDY ISLES # 39 Burton (Sonny) Flynn PC 1104 Eric Allaby L 1379 Dick Grant NDP / NPD 94 Shirley Cook Returning Officer WESTERN CHARLOTTE # 40 Tony Huntjens PC 2854 Madeleine Drummie L 2662 Andrew Graham NDP / NPD 554 James McKim Returning Officer OROMOCTO-GAGETOWN # 41 Jody Carr PC 4314 Maurice Harquail L 2140 Terry Hovey NDP / NPD 392 James A. Lee TGP 129 Marie J. Smith Returning Officer GRAND LAKE # 42 David Jordan PC 2058 Eugene McGinley L 4376 David Babineau NDP / NPD 614 Cheryl Egerton Returning Officer

FREDERICTON NORTH # 43 Peter Forbes PC 3211 Thomas J. Burke L 4163 Dennis Atchison NDP / NPD 1418 Fred Trites Returning Officer FREDERICTON-FORT NASHWAAK # 44 Eric D. MacKenzie PC 2364 Kelly Lamrock L 2925 Penny Ericson NDP / NPD 1530 Susan Leitch Returning Officer FREDERICTON SOUTH # 45 Brad Green PC 3309 Misty Dawn McLaughlin L 2797 Nan Luke NDP / NPD 1832 William Ayer Returning Officer July 29 Journal of Assembly 15

NEW MARYLAND # 46 Keith Ashfield PC 3719 L 3502 Kay Nandlall NDP / NPD 913 Connie Ladds Returning Officer YORK # 47 R. Donald (Don) Kinney PC 3278 Scott Targett L 3783 Gary Hughes NDP / NPD 618 John A. Deweyert Returning Officer MACTAQUAC # 48 Kirk MacDonald PC 3337 Ray Dillon L 3236 Phillip Morgan NDP / NPD 817 Robert Jackson Returning Officer

WOODSTOCK # 49 David Alward PC 4605 Lorne Drake L 2400 Nancy Reid NDP / NPD 286 Heather A. Craig Returning Officer CARLETON # 50 Dale Graham PC 4190 Grant Robinson L 2287 Betty Brown NDP / NPD 442 Lori Ann Tweedie Returning Officer VICTORIA-TOBIQUE # 51 Dennis Campbell PC 2001 Dr. Larry Kennedy L 3386 Dr. Harvey Bass NDP / NPD 502 Marietta Inman Returning Officer GRAND FALLS REGION # 52 Jean-Guy Laforest PC 2536 Ronald Ouellette L 4385 Pierre Cyr NDP / NPD 192 Rachel Thériault Returning Officer 16 52 - 53 Elizabeth II, 2003 - 2004 July 29

MADAWASKA-LA-VALLÉE # 53 Percy Mockler PC 3858 Claude Joseph Malenfant L 1848 Mario Fortunato NDP / NPD 201 Jean-Claude Boutot Returning Officer

EDMUNDSTON # 54 Madeleine (Mado) Dubé PC 3917 Margot Albert L 1841 Blair McInnis NDP / NPD 110 Gérard Y. Verret Returning Officer MADAWASKA-LES-LACS # 55 Jeannot Volpé PC 3965 Louis LaBrie L 2391 Jason Carney NDP / NPD 187 Gérard Dubé Returning Officer

The following Bill was introduced and read a first time: By Hon. Mr. Green, Bill 1, An Act to Amend the Insurance Act. Ordered that the said Bill be read a second time at the next sitting.

The Speaker then informed the House that in order to prevent mistakes he had obtained a copy of Her Honour’s speech, which he offered to read. (Reading dispensed)

On motion of Mr. Carr, seconded by Mr. Williams, RESOLVED, that the speech of Her Honour the Lieutenant-Governor be forthwith taken into consideration.

Mr. Carr, a Member for the electoral district of Oromocto-Gagetown, proposed an Address to Her Honour the Lieutenant-Governor in answer to the speech, which he read in his place, and being seconded by Mr. Williams, a Member for the electoral district of Kent South, it was handed to the Chair where it was again read and is as follows: July 29 Journal of Assembly 17

Fredericton, N.B. July 29, 2003. To Her Honour, The Honourable Marilyn Trenholme Counsell, Lieutenant-Governor of the Province of New Brunswick. May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And a debate arising, after some time, it was on motion of Mr. Shawn Graham, the Leader of the Opposition and the Member for the electoral district of Kent, adjourned over.

On motion of Hon. Mr. Lord, seconded by Hon. Mr. Green, RESOLVED THAT Cy (Richard) LeBlanc, Member for the electoral district of Dieppe-Memramcook and Trevor Holder, Member for the electoral district of Saint John Portland, be appointed Deputy Speakers.

And then, 4.07 o’clock p.m., the House adjourned. 18 52 - 53 Elizabeth II, 2003 - 2004 July 29

REPORTS/DOCUMENTS FILED IN CLERK’S OFFICE Standing Rule 39 provides that any return, report or other paper required to be laid before the House in accordance with any Act or in pursuance of any resolution or Standing Rule may be deposited with the Clerk of the House and shall be deemed for all purposes to have been presented to, or laid before the House. The following reports filed in the Clerk’s Office since the last sitting of the House on April 11, 2003 are deemed to have been tabled: Annual Report, Department of Justice (Credit Unions) 2001 May 9, 2003 Annual Report, Department of Justice (Co-operatives) 2001 May 9, 2003 Annual Report, Legal Aid New Brunswick 2001-2002 May 9, 2003 Annual Report, Conflict of Interest Commissioner 2002-2003 May 23, 2003 Annual Report, Department of Justice (Insurance) 2001-2002 May 30, 2003 Annual Report, Human Rights Commission 2001-2002 June 26, 2003 Annual Report, NB Power 2002-2003 July 22, 2003

OTHERS Maritime Provinces Higher Education Commission May 15, 2003 (Survey of 1999 Maritime University Graduates in 2001) Report to the Speaker of the Legislative Assembly of New Brunswick of the Investigation by the Hon. Stuart G. Stratton, Q.C., Conflict of Interest Commissioner, into allegations by Mr. Bernard Richard, the MLA for Shediac-Cap Pelé and then Leader of the Official Opposition, of a possible violation of the Members’ Conflict of Interest Act by Mr. Michael (Tanker) Malley, the MLA for Miramichi- Bay du Vin June 12, 2003 Annual Report, Beauséjour Regional Health Authority 2002-2003 July 2, 2003 Annual Report, River Valley Health (Regional Health Authority 3) 2002-2003 July 22, 2003 July 30 Journal of Assembly 19

Wednesday, July 30, 2003. 10 o’clock a.m. Prayers. Mr. Kenny, Member for Bathurst, welcomed to the House Mrs. , Liberal Member for Bathurst (1991-2003); Minister of Municipalities, Culture and Housing (1991-1993); and Minister of the Environment, Deputy Premier, and Minister Responsible for the Status of Women (1994-1995).

Mr. Speaker introduced the pages for the session: Jarrette Bannister, Fredericton; Andy MacNeil, Durham Bridge; Jill Meade, Long Reach; Melissa MacKinley, Miramichi; Adam Robar, Fredericton; and Nicholas Ouellette, Hatfield Point, who will serve as Head Page.

Mr. S. Graham, the Member for Kent, laid upon the table of the House a petition on behalf of residents of New Brunswick urging the government to act immediately and address the threat of high insurance rates by reducing rates so that car insurance is “fair,” “affordable,” and “accessible” for all citizens in New Brunswick. (Petition 1)

Mr. Allaby, the Member for Fundy Isles, laid upon the table of the House a petition on behalf of residents of Grand Manan urging the Minister of Tourism and Parks to remove the gate that blocks the road in the Marsh Provincial Park on Grand Manan Island, and to work with a committee of concerned residents to plan and carry out appropriate measures for the long term benefit of the Marsh, Grand Manan people, and Grand Manan natural life. (Petition 2)

Mr. Doucet, the Member for Charlotte, laid upon the table of the House a petition on behalf of residents of the St. George area protesting the opening of New Brunswick Liquor Stores on Sunday. (Petition 3)

Mr. Murphy, the Member for Moncton North, laid upon the table of the House a petition on behalf of residents of New Brunswick urging the government to remove Waleed Arif from Centracare. (Petition 4) 20 52 - 53 Elizabeth II, 2003 - 2004 July 30

Hon. Mr. Green laid upon the table of the House a document entitled “Input of Proposed Tort Reform on Private Passenger Automobile Rates in New Brunswick, July 28, 2003.”

Prior to Statements by Members, Mr. Speaker reminded all Members of the time limits pertaining to this item of Routine Proceedings.

Prior to Oral Questions, Mr. Speaker reminded all Members of the provisions of the Standing Rules pertaining to Oral Questions , specifically, that oral questions and answers thereto “shall be concisely and clearly put without argument or question.”

With the unanimous consent of the House, oral question period was extended an additional 15 minutes.

Following Oral Questions, Mr. Speaker requested the co-operation from all Members to abide by the Standing Rules pertaining to this item of Routine Proceedings.

The following Bill was introduced and read a first time: By Mr. S. Graham: Bill 2, Volunteer Protection Act. Ordered that the said Bill be read a second time at the next sitting.

Mr. S. Graham gave Notice of Motion 1 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Richard: WHEREAS the 2003-2004 provincial budget called for a small surplus of $7 million; WHEREAS the provincial Minister of Finance has asked that departments cut $49 million out of their budgets; WHEREAS the provincial government has already depleted the Fiscal Stabilization Fund; AND WHEREAS the Premier made numerous significant financial commitments in recent months; BE IT THEREFORE RESOLVED that the Legislative Assembly urge the Minister of Finance to bring forward a revised economic outlook for New Brunswick and an updated budget forecast within two weeks for the 2003-2004 fiscal year. July 30 Journal of Assembly 21

Mr. S. Graham gave Notice of Motion 2 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Burke: WHEREAS sky-rocketing insurance rates are a serious concern for many New Brunswickers; WHEREAS achieving long-term rate relief may entail fundamental changes to the insurance system in New Brunswick; WHEREAS concerns regarding insurance rates have now gone beyond automobile insurance and into the areas of property and public liability insurance; BE IT THEREFORE RESOLVED that this Legislature urge the government to immediately establish a Commission on Insurance to study the automobile insurance system in New Brunswick, including the feasibility of a public insurance system that would report to the Legislative Assembly within 60 days; BE IT FURTHER RESOLVED that this Commission on Insurance be mandated to review other options to improve the protection of New Brunswick consumers in the area of vehicle, property and public liability insurance.

Mr. S. Graham gave Notice of Motion 3 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. MacIntyre: WHEREAS the annual budget of the Department of Health compromises the largest percentage of the New Brunswick provincial budget; WHEREAS the report of the Health Services Review Committee highlighted the need for greater accountability in the health care system; WHEREAS the report of the Premier’s Health Quality Council reinforced the need for greater accountability in the health care system; AND WHEREAS the final report of the Romanow Commission on the Future of Health Care in Canada recommends the establishment of accountability as the sixth principle of the Canadian Health Act; BE IT THEREFORE RESOLVED that the Legislative Assembly endorse the addition of “Accountability” as the sixth principle of the Canada Health Act; 22 52 - 53 Elizabeth II, 2003 - 2004 July 30

AND BE IT FURTHER RESOLVED that the Legislative Assembly urge the government to encourage other governments to support the addition of this sixth principle.

Mr. S. Graham gave Notice of Motion 4 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Murphy: WHEREAS under the current system of assessment for nursing home care all that the family has earned and saved over the years will be assessed and used to keep the resident in the nursing home; WHEREAS the remaining spouse will be left with nothing but the family house and a bare, poverty level pension; WHEREAS this is a serious worry for many New Brunswickers; BE IT THEREFORE RESOLVED that this legislature urge the government to change the policy from an asset-based test to an income-based test when determining support for nursing home care. BE IT FURTHER RESOLVED that this legislature urge the government to review the exemptions allowable to the home-based spouse so as not to force liquidation of assets.

Mr. S. Graham gave Notice of Motion 5 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. MacIntyre: WHEREAS the ceiling levels for transfers for coverage of the cost of prescription drugs from the provincial Prescription Drug Program for seniors to the Blue Cross plan for seniors were established in 1992 to be $17 198 for a single senior and $26 955 for married seniors and have remained at that level; AND WHEREAS inflation over the years reduces the purchasing power of seniors’ earnings; AND WHEREAS the government has recognized this in its provincial income tax legislation with a provision to prevent “bracket creep”; BE IT THEREFORE RESOLVED that the Legislative Assembly ask the government to examine the feasibility of making an adjustment to this ceiling in the coming year to reflect the above index of inflation in the intervening years; July 30 Journal of Assembly 23

BE IT FURTHER RESOLVED that the Legislative Assembly ask the government to consider adopting a policy that would automatically adjust the ceilings for the provincial Prescription Drug Program based on an appropriate index of inflation to prevent bracket creep from imposing hardship on seniors.

Mr. S. Graham gave Notice of Motion 6 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Branch: WHEREAS northeastern New Brunswick has an economic development deficit compared to the rest of the province; WHEREAS the unemployment rate, especially the seasonal unemployment rate, is very high in the northeastern part of the province; WHEREAS the northeastern part of the province is experiencing an exodus of young people from the area, who leave to attend university or to pursue better job opportunities; WHEREAS the region is plagued by the imminent closing of the Noranda mine; WHEREAS improved road infrastructure is vital to the economy of northeastern New Brunswick; WHEREAS the enhancement of the capability of the Port of Belledune in its role as the cornerstone of northeastern economic development is widely acknowledged; BE IT THEREFORE RESOLVED that the Legislature urge the government to pursue the establishment of a northeastern New Brunswick economic development strategy, in cooperation with the Government of Canada to develop the region’s economy.

Mr. S. Graham gave Notice of Motion 7 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mrs. Robichaud: WHEREAS the testing of New Brunswick students in both the francophone and anglophone systems over many years has consistently shown evidence that there is room for improvement; WHEREAS research demonstrates that improved student-teacher ratios in the early years have a beneficial effect on academic performance; 24 52 - 53 Elizabeth II, 2003 - 2004 July 30

BE IT RESOLVED that the Legislative Assembly urge the Minister of Education to improve ratios in kindergarten to grade three by reducing average class size by one student per year over four years; BE IT FURTHER RESOLVED that the Legislature urge the Minister of Education to improve the student/teacher ratio of resource teachers to students in each school district.

Mr. S. Graham gave Notice of Motion 8 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Murphy: WHEREAS one in 500 children is affected by autism; WHEREAS in the case of Auton v. British Columbia, the BC Court of Appeal ruled that British Columbia’s failure to provide effective treatment for a child with autism was a violation of that child’s rights under the Canadian Charter of Rights and Freedoms; WHEREAS the Government of New Brunswick is in possession of the report A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick from the Interdepartmental Committee on Services to Persons with Autism which was completed in November 2001; AND WHEREAS the window of maximum recovery closes each day on New Brunswick children who go without treatment; BE IT THEREFORE RESOLVED that this Legislature urge the government to implement the recommendations of A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick forthwith and immediately.

Mr. S. Graham gave Notice of Motion 9 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mrs. Robichaud: WHEREAS women’s average hourly wage is 79 % of men’s in New Brunswick; WHEREAS the Advisory Council on the Status of Women states that approximately half the wage gap is “caused by the age-old tradition of paying ‘women’s’ jobs less than jobs usually held by men”; WHEREAS the New Brunswick government must show leadership in the area of pay equity; WHEREAS there are still parts of the public service which are not covered by the Pay Equity Act and which include New Brunswick government employees; July 30 Journal of Assembly 25

BE IT THEREFORE RESOLVED that the Legislative Assembly urge the New Brunswick government to amend the Pay Equity Act so that it applies to all parts of the public service; AND BE IT FURTHER RESOLVED that the Legislative Assembly urge the New Brunswick government to actively pursue an objective of ensuring that the Pay Equity Act applies to the private sector.

Mr. S. Graham gave Notice of Motion 10 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Richard: That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the House the first quarter report on the Budget for 2003-2004 prepared by the Department of Finance.

Mr. S. Graham gave Notice of Motion 11 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Burke: That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the House all resource materials, notes and printouts and any and all materials used in the compilation of the actuarial report prepared by Claudette Cantin and Jacqueline Friedland.

Mr. S. Graham gave Notice of Motion 12 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Burke: That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the House the number of policy holders leaving the Facilities Association since the revision of the automobile insurance underwriting guidelines (Reg. 2003-15) that came into effect on May 1st, 2003.

Mr. Carr gave Notice of Motion 13 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Sherwood: WHEREAS in its election platform entitled “Reaching Higher, Going Further,” the government committed that New Brunswick will have even more funding directed to health and senior care; and WHEREAS in “Reaching Higher, Going Further,” the government committed that New Brunswick will have more doctors and nurses than every before; and 26 52 - 53 Elizabeth II, 2003 - 2004 July 30

WHEREAS in “Reaching Higher, Going Further,” the government committed that New Brunswick will have shorter wait times for key services; BE IT THEREFORE RESOLVED THAT the Legislative Assembly encourage the government of New Brunswick to continue to deliver better health care to the people of New Brunswick.

Mr. Allaby gave Notice of Motion 14 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Doucet: That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the House the county project allocations to each Transportation District for the current fiscal year.

Mr. Williams gave Notice of Motion 15 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Betts: WHEREAS Canadian Premiers and Territorial Leaders have unanimously reiterated their call for the federal government to increase its efforts to become a more meaningful partner in the renewal of health care in Canada; WHEREAS recent polls indicate that Canadians are concerned about current levels of federal health care funding and the effect of its inadequacy on services now and in the future; WHEREAS the funding arrangements announced by the Prime Minister on February 5 did not adequately address Canadians’ need for a sustainable health care funding partnership, as called for by the federal Commission on the Future of Health Care in Canada; and WHEREAS the federal government remains in a strong fiscal position and clearly has the capacity to honour its pledge to Canadians now; BE IT THEREFORE RESOLVED THAT the Legislative Assembly show its support for better health care in New Brunswick by asking the federal government to increase funding by $2 billion in 2003-04, $3 billion in 2004-05, and by 1% per year after that, until the federal share reaches 25% of provincial/territorial health and social expenditures.

Mr. Paulin gave Notice of Motion 16 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Boudreau: July 30 Journal of Assembly 27

That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the House all capital projects and county projects completed and in progress by the Department of Transportation for regions covered by Madawaska, Restigouche and Gloucester Counties, also known as District 1 and 6, since June 21, 1999 including those capital projects and county projects that the Department of Transportation plans to begin in 2003-2004.

Mr. Paulin gave Notice of Motion 17 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Boudreau: That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the House the operating plans and operating budgets of the parks administered by the Department of Tourism and Parks and the Department of Natural Resources since June 21, 1999.

Mr. Stiles gave Notice of Motion 18 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. MacDonald: WHEREAS in its election platform entitled “Reaching Higher, Going Further,” the government committed that New Brunswick will have the lowest personal income taxes in eastern Canada, and WHEREAS in “Reaching Higher, Going Further,” the government committed that New Brunswick will have the lowest small business taxes in all of Canada; and WHEREAS in “Reaching Higher, Going Further,” the government committed that New Brunswick will have the highest tax free threshold for low-income earners in all of Canada; BE IT THEREFORE RESOLVED THAT the Legislative Assembly encourage the government of New Brunswick to continue to deliver lower taxes in a prudent and reasonable manner for the people of New Brunswick.

Mr. Targett gave Notice of Motion 19 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Lamrock: That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the 28 52 - 53 Elizabeth II, 2003 - 2004 July 30

House all documents, correspondence, e-mails, reports in regard to the land expropriated for the new four-lane highway from Longs Creek to Pokiok including names of property owners, area of lands purchased and amounts paid.

Mr. Holder gave Notice of Motion 20 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. LeBlanc: WHEREAS in its election platform entitled “Reaching Higher, Going Further,” the government committed that New Brunswick will have even more funding directed to education, universities, and students; and WHEREAS in “Reaching Higher, Going Further,” the government committed that New Brunswick children will all be able to read by the end of Grade 2; and WHEREAS in “Reaching Higher, Going Further,” the government committed that New Brunswick will have more teachers and resources in the classroom; BE IT THEREFORE RESOLVED THAT the Legislative Assembly encourage the government of New Brunswick to continue to deliver quality education to the people of New Brunswick.

Mr. Murphy gave Notice of Motion 21 that on Tuesday, August 5, 2003, he would move the following resolution, seconded by Mr. Richard: WHEREAS in March 2002, Waleed Arif, a young autistic man, was placed in Centracare; WHEREAS the decision to place Mr. Arif in Centracare went against the recommendations of his own doctor, psychologist and psychiatrist; WHEREAS staff at Centracare have questioned the appropriateness of this placement; WHEREAS Mr. Arif’s condition has visibly deteriorated since his placement in Centracare; BE IT THEREFORE RESOLVED that this Legislature urge the government to remove Waleed Arif from Centracare and provide treatment that is appropriate for his condition. July 30 Journal of Assembly 29

It was agreed by unanimous consent to sit past the ordinary hour of adjournment.

With leave of the House, Hon. Mr. Green moved, seconded by Hon. P. Robichaud: (Motion No. 22) THAT pursuant to Standing Rule 89, the following Standing Committees be appointed for the Fifty-Fifth Legislative Assembly and that the membership on the said Committees be as follows: The Legislative Administration Committee be composed of Hon. Mr. Harrison, Hon. Mr. Green, Hon. P. Robichaud, Mr. Holder, Mr. C. LeBlanc, Mr. Stiles, Mr. Williams, Mr. Richard, Mr. S. Graham, and Ms. Weir. The Standing Committee on Law Amendments be composed of Mr. Carr, Hon. Mr. Green, Mr. C. LeBlanc, Mr. Betts, Mr. Stiles, Mr. Sherwood, Mr. MacDonald, Mr. Boudreau, Mr. McGinley, Mr. Murphy, Mr. Burke and Ms. Weir. The Standing Committee on the Ombudsman be composed of Mr. Malley, Mr. Holder, Mr. Betts, Mr. MacDonald, Mr. Williams, Mr. A. LeBlanc, Mr. Brewer and Mr. Kenny. The Standing Committee on Private Bills be composed of Mr. Sherwood, Mr. Betts, Mr. MacDonald, Mr. Holder, Mr. Stiles, Mr. Williams, Mr. Malley, Mr. Landry, Mr. Armstrong, Mr. Kennedy, Mr. McGinley and Mr. Burke. The Standing Committee on Privileges be composed of Hon. Mr. Green, Hon. P. Robichaud, Mr. Betts, Mr. Carr, Mr. Williams, Mr. Doucet, Mr. Haché and Ms. Weir. The Standing Committee on Public Accounts be composed of Mr. Branch, Mr. Sherwood, Mr. Williams, Mr. C. LeBlanc, Mr. Malley, Mr. Betts, Mr. Carr, Mr. MacDonald, Mr. Haché, Mr. Jamieson, Mr. Richard and Ms. Weir. The Standing Committee on Procedure be composed of Hon. Mr. Green, Hon. P. Robichaud, Hon. Mr. Harrison, Mr. Holder, Mr. C. LeBlanc, Mr. MacDonald, Mr. Richard, Mr. Allaby and Ms. Weir. The Standing Committee on Crown Corporations be composed of Mr. Stiles, Mr. Sherwood, Mr. Betts, Mr. Holder, Mr. Carr, Mr. Malley, Mr. MacDonald, Mr. Kenny, Mr. Allaby, Mr. Doucet, Mr. Arseneault and Ms. Weir. And the question being put, the motion was carried. 30 52 - 53 Elizabeth II, 2003 - 2004 July 30

With leave of the House, Hon. Mr. Green moved, seconded by Hon. P. Robichaud: (Motion No. 23) WHEREAS the government is committed to providing open and responsive decision-making to the people of New Brunswick; and WHEREAS the government is committed to strengthening the role of MLAs to examine major public policy issues, such as education; and WHEREAS the government is committed to creating a Standing Committee on Education; BE IT THEREFORE RESOLVED THAT this House appoint a Select Committee on Education, which will be charged with examining, inquiring into, and reporting to the House with respect to the delivery of education in New Brunswick and, in particular, without limiting the generality of the foregoing to consider such matters and materials to be referred by the Minister of Education to the Select Committee on Education. The Select Committee on Education will also be responsible for hearing from the members of the general public, interest groups, and others, any such information which they may so wish to present. The Committee may set appropriate rules for the receiving of said submissions. In addition to the powers traditionally conferred upon the said Committee by the Standing Rules, the Committee shall have the following additional powers: • to sit during sittings of the House and during the recess after prorogation until the next following Session; • to adjourn from place to place as may be convenient; • to retain such personnel as required to assist the Committee; BE IT FURTHER RESOLVED that during a period when the Legislative Assembly is adjourned or prorogued, the Committee may release a report by depositing a copy with the Clerk of the Legislative Assembly, and upon the resumption of the sittings of the House, the Chairperson shall present the report to the Legislative Assembly; BE IT FURTHER RESOLVED THAT the said Committee be composed of Mr. Betts, Mr. Carr, Mr. Malley, Mr. C. LeBlanc, Mr. Holder, Mr. Sherwood, Mr. Stiles, Mrs. Robichaud, Mr. Lamrock, Mr. Ouellette, Mr. Brewer and Ms. Weir; BE IT FURTHER RESOLVED THAT the question of creating a Standing Committee on Education be referred to the Standing Committee on Procedure for its consideration. July 30 Journal of Assembly 31

And the question being put, the motion was carried.

With leave of the House, Hon. Mr. Green moved, seconded by Hon. P. Robichaud: (Motion No. 24) WHEREAS the government is committed to providing open and responsive decision-making to the people of New Brunswick; and WHEREAS the government is committed to strengthening the role of MLAs to examine major public policy issues, such as heath care; and WHEREAS the government is committed to creating a Standing Committee on Health Care; BE IT THEREFORE RESOLVED THAT this House appoint a Select Committee on Health Care, which will be charged with examining, inquiring into, and reporting to the House with respect to the delivery of health care in New Brunswick and, in particular, without limiting the generality of the foregoing to consider other such matters and materials to be referred by the Minister of Health and Wellness to the Select Committee on Health Care. The Select Committee on Health Care will also be responsible for hearing from members of the general public, interest groups, and others, any such information which they may wish to present. The Committee may set appropriate rules for the receiving of said submissions. In addition to the powers traditionally conferred upon the said Committee by the Standing Rules, the Committee shall have the following additional powers: • to sit during sittings of the House and during the recess after prorogation until the next following Session; • to adjourn from place to place as may be convenient; • to retain such personnel as required to assist the Committee; BE IT FURTHER RESOLVED that during a period when the Legislative Assembly is adjourned or prorogued, the Committee may release a report by depositing a copy with the Clerk of the Assembly, and upon the resumption of the sittings of the House, the Chairperson of the Committee shall present the report to the Legislative Assembly; BE IT FURTHER RESOLVED that the said Committee be composed of: Mr. Williams, Mr. Stiles, Mr. C. LeBlanc, Mr. Holder, Mr. Sherwood, Mr. Carr, Mr. Malley, Mr. Albert, Mr. MacIntyre, Mr. Kennedy, Mr. Lamrock and Ms. Weir; 32 52 - 53 Elizabeth II, 2003 - 2004 July 30

BE IT FURTHER RESOLVED that the question of creating a Standing Committee on Health Care be referred to the Standing Committee on Procedure for its consideration. And the question being put, the motion was carried.

With leave of the House, Hon. Mr. Green moved, seconded by Hon. P. Robichaud: (Motion No. 25) WHEREAS forestry is one of New Brunswick’s most important economic sectors; AND WHEREAS wood supply is critical for our province’s forestry industry to help provide jobs and prosperity for people and communities in rural New Brunswick; AND WHEREAS the Government of New Brunswick has been proactive in examining best practices in other jurisdictions and commissioning research into wood supply enhancement; BE IT RESOLVED that this House appoint a Select Committee on Wood Supply. This Select Committee will be charged with the responsibility of inquiring into and reporting on the status of sustainable wood supply from Crown lands in New Brunswick and to make recommendations regarding what legislative, regulatory or policy changes may be considered by government to improve upon the current wood supply and the management thereof, and to specifically address the following matters, among others: • opportunities and strategies arising from the Jaakko Pöyry Report to increase the available wood supply from Crown lands in New Brunswick; • opportunities and strategies for the future direction of Crown Land forest management; In addition to the powers traditionally conferred upon the said Committee by the Standing Rules, the Committee shall have the following additional powers: • to sit during sittings of the House and during the recess after prorogation until the next following Session; • to adjourn from place to place as may be convenient; • to retain such personnel as required to assist the Committee; BE IT FURTHER RESOLVED that during a period when the Legislative Assembly is adjourned or prorogued, the Committee may release a report by depositing a copy with the Clerk of the Legislative July 30 Journal of Assembly 33

Assembly, and upon the resumption of the sittings of the House, the Chairperson shall present the report to the Legislative Assembly; BE IT FURTHER RESOLVED that the Select Committee be comprised of the following Members: Mr. MacDonald, Mr. Stiles, Mr. Malley, Mr. C. LeBlanc, Mr. Carr, Mr. Sherwood, Mr. Williams, Mr. Foran, Mr. Targett, Mr. Landry, Mr. Paulin and Ms. Weir. And the question being put, the motion was carried.

Hon. Mr. Green announced that it was the intention of government to commence second reading of Bill 1, An Act to Amend the Insurance Act. At 12.45 o’clock p.m., Mr. Speaker left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. Mr. Speaker resumed the chair. The Order being read for second reading of Bill 1, An Act to Amend the Insurance Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. Mr. Allaby rose on a point of order and submitted that Hon. Mr. Steeves, the Minister of Public Safety, should limit his comments to the principle of the Bill under consideration. Mr. Deputy Speaker ruled the point well taken. And after some further time, Mr. Speaker resumed the chair. Mr. Allaby rose on a point of order and submitted that Hon. Ms. Dubé, the Minister of Education, should limit her comments to the principle of the Bill under consideration. Mr. Speaker ruled the point well taken. And after some time, Mr. Speaker interrupted proceedings and announced that the ordinary time of daily adjournment had arrived.

And then, 6 o’clock p.m., the House adjourned. 34 52 - 53 Elizabeth II, 2003 - 2004 July 31

Thursday, July 31, 2003. 1 o’clock p.m. Prayers. Mr. Speaker drew the attention of the House to an error on the Order and Notice Paper, noting that Bill 2, Volunteer Protection Act, had been inadvertently omitted from the Order and Notice Paper.

It was agreed by unanimous consent that second reading of Bill 2, Volunteer Protection Act, standing on the Order and Notice Paper, be deferred until the next day’s sitting.

The Order of the Day being read that the House proceed to take into further consideration the proposed Address in answer to Her Honour’s speech at the opening of the session, The Assembly resumed the adjourned debate on the proposed motion of Mr. Carr, seconded by Mr. Williams: THAT the following Address be presented to Her Honour the Lieutenant-Governor to offer the humble thanks of this House to Her Honour for the gracious speech which she has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. July 29, 2003. To Her Honour, The Honourable Marilyn Trenholme Counsell, Lieutenant-Governor of the Province of New Brunswick. May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And the debate continuing, On motion of Hon. Mr. Fitch, the further consideration thereof was adjourned over.

And then, 1.43 o’clock p.m., the House adjourned. August 1 Journal of Assembly 35

Friday, August 1, 2003. 10 o’clock a.m. Prayers. Mr. Speaker advised Members to keep congratulatory messages brief and to the point, and to avoid using this item of business to make Members’ Statements.

Mr. S. Graham, the Member for Kent, laid upon the table of the House a petition on behalf of residents of the Richibucto area urging the government to reopen the Point Road crossroad from Route 505 to Bedec Road, as soon as possible. (Petition 5)

The following Bills were introduced and read a first time: By Mr. S. Graham: Bill 3, Construction Labour Mobility Act. Bill 4, An Act to Amend the Electricity Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. Boudreau gave Notice of Motion 26 that on Thursday, August 7, 2003, he would move the following resolution, seconded by Mrs. Robichaud: WHEREAS students are bullied in their schools; WHEREAS this bullying exists at all academic levels in schools in the province of New Brunswick; WHEREAS being bullied greatly affects one’s self-esteem; WHEREAS students need to learn how to cope with this problem; BE IT THEREFORE RESOLVED that the Legislative Assembly strongly urge the government to direct the Department of Education to hold seminars on how to deal with bullies in every school in the province every school year.

Mr. Targett gave Notice of Motion 27 that on Thursday, August 7, 2003, he would move the following resolution, seconded by Mr. Foran: WHEREAS the government outlined a number of commitments to New Brunswickers in the last election campaign; 36 52 - 53 Elizabeth II, 2003 - 2004 August 1

WHEREAS cuts are now pending to government departments; WHEREAS the people of New Brunswick have charged the government with the responsibility of carrying out their commitments; BE IT THEREFORE RESOLVED that this Legislature urge the government to present to this House a comprehensive plan and timeline for the implementation of these commitments.

Hon. Mr. Green advised that it was the intention of the government that following second reading of Bill 2, the House would resume the adjourned debate on the motion for an Address in Reply to the Speech from the Throne, following which, the House would resume the adjourned debate on the motion for second reading of Bill 1.

The Order being read for second reading of Bill 2, Voluntary Protection Act, a debate arose thereon. And after some time, Hon. Mr. Steeves, seconded by Hon. Mr. Green, moved in amendment: AMENDMENT That the motion for second reading be amended by deleting all the words after the word “that” and substituting the following: Bill 2, Volunteer Protection Act, be not now read a second time but that the order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments. Mr. Speaker put the question on the amendment to the motion, and the amendment was carried.

The Order of the Day being read that the House proceed to take into further consideration the proposed Address in answer to Her Honour’s speech at the opening of the session, The Assembly resumed the adjourned debate on the proposed motion of Mr. Carr, seconded by Mr. Williams: THAT the following Address be presented to Her Honour the Lieutenant-Governor to offer the humble thanks of this House to Her Honour for the gracious speech which she has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. July 29, 2003. August 1 Journal of Assembly 37

To Her Honour, The Honourable Marilyn Trenholme Counsell, Lieutenant-Governor of the Province of New Brunswick. May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And the debate continuing, After some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, it was agreed by unanimous consent to continue sitting through the noon recess. And after some time, Mr. Speaker resumed the chair. And the debate continuing, after some time it was, on motion of Hon. Ms. Dubé, adjourned over.

The Member for Charlotte requested that with the unanimous consent of the House, Mr. Speaker revert to the Order of Notices of Motions, and unanimous consent was denied.

The House resumed the adjourned debate on the motion that Bill 1, An Act to Amend the Insurance Act, be now read a second time. After some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. After some further time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. After some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker. Hon. P. Robichaud rose on a point of order regarding the relevance of certain comments. Mr. Holder, the Deputy Speaker, cautioned Members in this regard, remarking that debate at second reading should be confined to the principles of the Bill. 38 52 - 53 Elizabeth II, 2003 - 2004 August 1

Hon. Mr. Steeves rose on a point of order regarding the relevance of certain comments. Mr. Holder, the Deputy Speaker cautioned Members in this regard. Mr. Richard rose on a point of order regarding the use of props by the Minister of Business New Brunswick. Mr. Holder, the Deputy Speaker, ruled the point of order well taken. After some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, resumed the chair as Acting Speaker. After some further time, Mr. Speaker, resumed the chair. Mr. Richard rose on a point of order and requested that Hon. P. Robichaud table a copy of comments attributed to him. Mr. Speaker advised that points of order should not be used as an opportunity to interrupt debate, cautioning Members against abusing the privilege of standing on a point order in an attempt to correct information Members may not agree with. And the debate being ended, and the question being put that Bill 1, An Act to Amend the Insurance Act, be now read a second time, the motion was carried. Accordingly, Bill 1, An Act to Amend the Insurance Act, was read a second time and referred to the Committee of the Whole House.

And then, 4.37 o’clock p.m., the House adjourned. August 5 Journal of Assembly 39

Tuesday, August 5, 2003. 1 o’clock p.m. Prayers. Mr. Branch, the Member for Nepisiguit, laid upon the table of the House a petition signed by residents of Maisonnette urging the government to repair the dangerously unsafe road “chemin des Chalets.” (Petition 6)

Mr. Branch, the Member for Nepisiguit, laid upon the table of the House a petition signed by residents of Middle River urging the government to repair Blue Jay Lane so that it remains passable year round. (Petition 7)

Mr. Branch, the Member for Nepisiguit, laid upon the table of the House a petition signed by residents of New Brunswick urging the government to take into consideration the project of Mr. Roland Chiasson, which concerns the cutting of wood with horses, while respecting the fauna and the environment. (Petition 8)

The following Bills were introduced and read a first time: By Mr. S. Graham: Bill 5, An Act to Amend the Workers’ Compensation Act. Bill 6, An Act to Amend the Public Utilities Act. Bill 7, An Act to Amend the Insurance Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. Doucet gave Notice of Motion 28 that on Tuesday, August 12, 2003, he would move the following resolution, seconded by Mr. S. Graham: That an address be presented to her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the House all correspondence, memos, e-mails and/or reports regarding a proposed project for power generation in the area of Belledune.

Mr. Branch gave Notice of Motion 29 that on Tuesday, August 12, 2003, he would move the following resolution, seconded by Mr. S. Graham: WHEREAS our people of rural New Brunswick voiced rejection of the government’s plan for another level of government with a 40 52 - 53 Elizabeth II, 2003 - 2004 August 5 hidden agenda of an extra tax burden which our people of rural New Brunswick cannot afford; WHEREAS this government has clearly stated its intention to have the provincially provided services of transportation and policing paid for in unincorporated New Brunswick entirely out of rural property taxes; and WHEREAS the tax base of unincorporated New Brunswick cannot cover these costs without a major property tax rate increase; and WHEREAS the people of rural New Brunswick already pay toward transportation costs through gasoline tax which this government has stated is directed entirely into the budget of the Department of Transportation; BE IT THEREFORE RESOLVED that this Legislature urge the government to abandon its plan to increase the base rate for rural property taxes to cover the entire cost of transportation and policing in unincorporated New Brunswick and abandon its plan to create rural municipal government with another layer of property tax.

With leave of the House, the Honourable the Premier moved, seconded by Mr. S. Graham: (Motion No. 30) WHEREAS fair, affordable and accessible automobile insurance is a concern for all New Brunswickers; and WHEREAS the government of New Brunswick has been pro-active and is committed to bringing about relief for New Brunswick drivers faced with increasing automobile insurance premiums; and WHEREAS public automobile insurance has been suggested as a model that could bring relief for New Brunswick drivers; and WHEREAS there are many models of public insurance that contain numerous options and in the interest of informed public debate these models and options should be explored in the New Brunswick context; and WHEREAS there is already an Atlantic Canada Task Force conducting a comprehensive study of the full cost-benefit, legal and trade implications of establishing an Atlantic Canada public automobile insurance system; BE IT RESOLVED THAT this House appoint a Select Committee on Public Automobile Insurance to examine into and inquire on the most suitable form of public insurance system for New Brunswick should the province conclude that a public system is required. August 5 Journal of Assembly 41

Without limiting the scope of the study, this Select Committee will be charged with the responsibility of inquiring into and identifying: 1) the most suitable model of public automobile insurance to ensure fair, affordable and accessible public automobile insurance for all New Brunswickers, including: a) the type of public automobile, insurance system to be recommended (i.e. tort, full no-fault, partial no-fault, choice or hybrid systems, etc.); b) the types of coverage and benefits to be offered; c) a proper risk rating system for establishing individual premiums; d) the method of distribution (i.e. through brokers, public means, or both) e) the types of insurers (i.e. participation of private sector and government within the public model) 2) the start-up costs for establishing the proposed model, including infrastructure, office equipment, payroll, initial provision for losses, etc.; 3) the fixed and recurring costs of operating the proposed model; 4) the legal and trade implications involved in setting up the proposed model; 5) the downstream impact of the proposed model on the legal community, the physiotherapists and other therapists, as well as on the brokers, independent adjusters, automotive repair shops and other trades or professions; 6) the impact on provincial finances with respect to the health services levy, premium tax; cost recovery of the PUB and the Superintendent, and the impact on medicare; 7) the benefits of common interprovincial and regional approaches; and 8) the creation of a basic automobile insurance policy within a public system, and, also consider such other matters or materials to be referred by the Minister of Justice, including a discussion paper on public insurance options. BE IT FURTHER RESOLVED THAT the Select Committee on Public Automobile Insurance will also be responsible for hearing from members of the general public, interest groups, and others, any such information which they may so wish to present. The Committee may set appropriate rules for the receiving of said submissions. 42 52 - 53 Elizabeth II, 2003 - 2004 August 5

In addition to the powers traditionally conferred upon the said Committee by the Standing Rules, the Committee shall have the following additional powers: • to sit during sittings of the House and during the recess after prorogation until the next following Session; • to adjourn from place to place as may be convenient; • to retain such personnel as required to assist the Committee; BE IT FURTHER RESOLVED THAT during a period when the Legislative Assembly is adjourned or prorogued, the Committee may release a report by depositing a copy with the Clerk of the Legislative Assembly, and upon the resumption of the sittings of the House, the Chairperson shall present the report to the Legislative Assembly; BE IT FURTHER RESOLVED THAT the said Committee be composed of Ms. Weir, Mr. Stiles, Mr. C. LeBlanc, Mr. Sherwood, Mr. MacDonald, Mr. Williams, Mr. Betts, Mr. Malley, Mr. Burke, Mr. Haché, Mr. Doucet, Mr. Richard. And the question being put, the motion was carried.

Hon. Mr. Green announced that following second reading, and Private Members’ Motions, it was the intention of the government that the House resume the adjourned debate on the motion for an Address in Reply to the Speech from the Throne.

On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud: Resolved, that when the House adjourns at the end of this sitting day, it stand adjourned until tomorrow at 2 o’clock p.m.

The Order being read for second reading of Bill 3, Construction Labour Mobility Act, a debate arose thereon. And after some time, on motion of Hon. Mr. Mockler, the debate was adjourned over on the following recorded division: YEAS - 28 Hon. Ms. Blaney Hon. Mr. Steeves Mr. Betts Hon. E. Robichaud Hon. Ms. Dubé Mr. Malley Hon. Mr. Mesheau Hon. Ms. Poirier Mr. Williams Hon. Mr. Volpé Hon. Mr. Ashfield Mr. Carr Hon. Mr. Lord Hon. Mr. Fitch Mr. MacDonald Hon. Mr. Green Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Graham Hon. P. Robichaud Mr. Holder August 5 Journal of Assembly 43

Hon. Mr. Mockler Hon. Mr. Alward Mr. C. LeBlanc Hon. Ms. MacAlpine Hon. Mr. Huntjens Ms. Weir Mr. Sherwood NAYS - 26 Mr. McGinley Mr. Kennedy Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Albert Mr. Haché Mr. Lamrock Mr. A. LeBlanc Mr. MacIntyre Ms. Robichaud Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Richard Mr. Burke Mr. Boudreau Mr. Allaby Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. Arseneault Mr. Branch Mr. Armstrong

The Order being read for second reading of Bill 4, An Act to Amend the Electricity Act, a debate arose thereon. And after some time, Mr. S. Graham, seconded by Mr. Richard, moved in amendment: AMENDMENT That the motion for second reading be amended by deleting all the words after the word “that” and substituting the following: Bill 4, An Act to Amend the Electricity Act, be not now read a second time but that the order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments. And the question being put, the House divided as follows: YEAS - 27 Mr. McGinley Ms. Weir Mr. Armstrong Mr. Jamieson Mr. Kennedy Mr. Foran Mr. Haché Mr. Ouellette Mr. Albert Mr. MacIntyre Mr. Lamrock Mr. A. LeBlanc Mr. S. Graham Ms. Robichaud Mr. Paulin Mr. Richard Mr. Targett Mr. Doucet Mr. Allaby Mr. Burke Mr. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch Mr. Kenny Mr. Arseneault NAYS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley 44 52 - 53 Elizabeth II, 2003 - 2004 August 5

Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc Mr. Speaker advised that when there is an equality of votes following a division in the House, the Speaker is obligated to cast the deciding vote in accordance with Standing Rule 14. With respect to the amendment moved by the Leader of the Opposition to the second reading motion (Bill4), the general principle applied to amendments is that decisions should not be taken except by a majority and that where there is no majority, the main motion should be left in its existing form. Accordingly, Mr. Speaker cast his vote in the negative and declared the amendment defeated. Debate resumed on the motion that Bill 4, An Act to Amend the Electricity Act, be now read a second time. And after some time, on motion of Hon. Mr. Fitch, the debate was adjourned on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc NAYS - 26 Mr. McGinley Mr. Kennedy Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Albert Mr. Haché Mr. Lamrock Mr. A. LeBlanc Mr. MacIntyre Ms. Robichaud Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Richard Mr. Burke Mr. Boudreau Mr. Allaby Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. Arseneault Mr. Branch Mr. Armstrong August 5 Journal of Assembly 45

It was agreed by unanimous consent that, prior to taking into consideration Private Members’ Motions, the House would resume the adjourned debate on the motion for an Address in Reply to the Speech from the Throne. Accordingly, the Assembly resumed the adjourned debate on the proposed motion of Mr. Carr, seconded by Mr. Williams: THAT the following Address be presented to Her Honour the Lieutenant-Governor to offer the humble thanks of this House to Her Honour for the gracious speech which she has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. July 29, 2003. To Her Honour, The Honourable Marilyn Trenholme Counsell, Lieutenant-Governor of the Province of New Brunswick. May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And the debate continuing, After some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. At 5 o’clock p.m., Mr. Speaker resumed the chair, declared a recess, and left the chair. 5.13 o’clock p.m. Mr. Speaker resumed the chair. And the debate continuing, after some time it was, on motion of Hon. Mr. Green, on behalf of Hon. Mr. Lord, adjourned over.

Pursuant to Notice of Motion 1, Mr. S. Graham, seconded by Mr. Richard, moved: WHEREAS the 2003-2004 provincial budget called for a small surplus of $7 million; WHEREAS the provincial Minister of Finance has asked that departments cut $49 million out of their budgets; 46 52 - 53 Elizabeth II, 2003 - 2004 August 5

WHEREAS the provincial government has already depleted the Fiscal Stabilization Fund; AND WHEREAS the Premier made numerous significant financial commitments in recent months; BE IT THEREFORE RESOLVED that the Legislative Assembly urge the Minister of Finance to bring forward a revised economic outlook for New Brunswick and an updated budget forecast within two weeks for the 2003-2004 fiscal year. And the question being put, a debate ensued. After some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. Mr. Richard rose on a point of order and requested that the Minister of Finance refer to the Leader of the Opposition by his correct title. Mr. Holder, the Deputy Speaker, ruled the point well taken. And after some time, Mr. Speaker resumed the chair. And after some further time, Mr. Speaker interrupted proceedings and advised that the ordinary time of daily adjournment had arrived.

And then, 6 o’clock p.m., the House adjourned. August 6 Journal of Assembly 47

Wednesday, August 6, 2003. 2 o’clock p.m. Prayers. The Assembly resumed the adjourned debate on the proposed motion of Mr. Carr, seconded by Mr. Williams: THAT the following Address be presented to Her Honour the Lieutenant-Governor to offer the humble thanks of this House to Her Honour for the gracious speech which she has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. July 29, 2003. To Her Honour, The Honourable Marilyn Trenholme Counsell, Lieutenant-Governor of the Province of New Brunswick. May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And the debate being ended and the question being put thereon, it was agreed to without amendment.

On motion of Hon. Mr. Lord, seconded by Hon. Mr. Volpé, RESOLVED that the Address in Reply to the Speech from the Throne be engrossed, signed by Mr. Speaker, and presented to Her Honour by a Committee of the House. Ordered that Hon. Mr. Lord, Mr. Carr and Mr. Williams be the Committee to wait upon Her Honour with the Address and present the same.

On motion of Hon. Mr.Green, seconded by Hon. P. Robichaud: RESOLVED that when the House adjourns at the end of this sitting day, it stand adjourned until Thursday, August 7, 2003, at 10 o’clock a.m.

And then, 2.54 o’clock p.m., the House adjourned. 48 52 - 53 Elizabeth II, 2003 - 2004 August 7

Thursday, August 7, 2003. 10 o’clock a.m. Prayers. Mr. Jamieson, the Member for Saint John-Fundy, laid upon the table of the House a petition signed by residents of the Black River area who conclude that the environmental impact of the Gulf-Operator Ltd, Black River Aggregate Processing plant is unacceptable and recommend to the Minister that the approval to operate the facility be cancelled. (Petition 9)

Mr. Speaker welcomed to the House a returning page, Joel Graham of Woodstock.

Hon. Mr. Green announced that following second reading, and Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of the Whole to consider Bill 1, An Act to Amend the Insurance Act. The Government House Leader noted that the government had agreed to a request of the Official Opposition to set aside debate on Motion 1 and to debate a new motion to be introduced by the Opposition.

The Order being read for second reading of Bill 5, An Act to Amend the Workers’ Compensation Act, a debate arose thereon. And after some time, Hon. Mrs. Blaney moved in amendment: AMENDMENT That the motion for second reading be amended by deleting all the words after the word “that” and substituting the following: Bill 5, An Act to Amend the Workers’ Compensation Act, be not now read a second time but that the order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments. Mr. Speaker put the question on the amendment to the motion, and the amendment was carried.

The Order being read for second reading of Bill 6, An Act to Amend the Public Utilities Act, a debate arose thereon. August 7 Journal of Assembly 49

And after some time, on motion of Hon. Mr. Green, the debate was adjourned over.

The Order being read for second reading of Bill 7, An Act to Amend the Insurance Act, a debate arose thereon. After some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, Mr. Speaker resumed the chair. At 1.10 o’clock p.m., Mr. Speaker declared a recess and left the chair. 2.14 o’clock p.m. Mr. Speaker resumed the chair. And after some time, on motion of Hon. Mr. Green, the debate was adjourned over on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc NAYS - 25 Mr. Jamieson Mr. Ouellette Mr. Foran Mr. Haché Mr. Lamrock Mr. Albert Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. S. Graham Mr. Targett Mr. Paulin Mr. Richard Mr. Burke Mr. Doucet Mr. Allaby Mr. Murphy Mr. Boudreau Mr. Landry Mr. Kenny Mr. Brewer Mr. Branch Mr. Armstrong Mr. Arseneault Mr. Kennedy

With leave of the House to dispense with Notice, Mr. S. Graham moved, seconded by Mr. Richard: (Motion 31) WHEREAS the people of New Brunswick have suffered excessively the effects of high automobile insurance rates; and 50 52 - 53 Elizabeth II, 2003 - 2004 August 7

WHEREAS the Premier pledged to fix automobile insurance rates; and WHEREAS the Bill before the House, “Bill 1, An Act to Amend the Insurance Act,” does not guarantee lower automobile insurance rates and does not fulfill the Premier’s pledge to the people of New Brunswick; and WHEREAS a Select Committee of the Legislative Assembly is charged to conduct an informed, focused and comprehensive examination leading to recommendations on the most suitable public automobile insurance option for New Brunswick; BE IT RESOLVED that, if the New Brunswick automobile insurance rates have not fallen by 20% by October 1, 2003, the House shall be convened on October 28, 2003, to implement a public automobile insurance plan for New Brunswick. And the question being put, a debate ensued. Due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. Mr. MacIntyre rose on a point of order noting that the comments of the Minister of Intergovernmental and International Relations were not related to the motion under consideration. Mr. C. LeBlanc, the Deputy Speaker, ruled the point well taken. Hon. Mr. Steeves rose on a point of order noting that the comments of the Member for Fredericton-Fort Nashwaak were not related to the motion under consideration. Mr. Deputy Speaker cautioned all Members to limit comments in debate to the relevant motion. And after some time, Mr. Speaker resumed the chair.` And the debate being ended, and the question being put, Motion 31 was negatived on the following recorded division: YEAS - 25 Mr. Jamieson Mr. Ouellette Mr. Foran Mr. Haché Mr. Lamrock Mr. Albert Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. S. Graham Mr. Targett Mr. Paulin Mr. Richard Mr. Burke Mr. Doucet Mr. Allaby Mr. Murphy Mr. Boudreau Mr. Landry Mr. Kenny Mr. Brewer Mr. Branch Mr. Armstrong Mr. Arseneault Mr. Kennedy August 7 Journal of Assembly 51

NAYS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. And after some time, Mr. Carr rose on a point of order and submitted that the Member for Fredericton North had made unparliamentary remarks. Several Members spoke on the point of order. The Chairman advised that he would review the transcript of proceedings and report back to the Committee, if necessary. And after some time, Mr. MacDonald took the chair as Acting Chairman. After some further time, Mr. Holder resumed the chair. After some time, Mr. C. LeBlanc took the chair. After some further time spent in Committee of the Whole, Mr. Holder resumed the chair. At 7.10 o’clock p.m., the Chairman declared a recess and left the chair. 7.24 o’clock p.m. The Committee resumed with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Reports, reported: That the Committee had directed him to report the following Bill as agreed to: Bill 1, An Act to Amend the Insurance Act. Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 7.36 o’clock p.m., the House adjourned. 52 52 - 53 Elizabeth II, 2003 - 2004 August 8

Friday, August 8, 2003. 10 o’clock a.m. Prayers. Pursuant to Standing Rule 10, Mr. Burke, the Member for Fredericton North, rose on a point of privilege and complained that the comments attributed to him by The Daily Gleaner were untrue. He offered an apology to the House if his actual remarks were offensive. Mr. Malley, the Member for Miramichi Bay-du Vin, rose on a point of privilege and requested an apology from Mr. Burke for remarks allegedly made in Committee of the Whole during the previous day’s sitting. He further requested that the matter be referred to the Standing Committee on Privileges. Mr. Speaker delivered the following statement: STATEMENT There are three points I would like to make. I am ruling on an item that took place in Committee of the Whole last night, which technically should have been dealt with in Committee of the Whole. That is the first point. The second point is that the member for Fredericton North, I believe, apologized this morning. Third, this would not be considered a matter of privilege, because it was not impugned to a member of the House. It would be a matter of order. On a point of order, it certainly can be dealt with. It should have been dealt with in committee. Those are the clarifications. Privilege has to involve something impugned directly to a member of this House. I presume that the apology has been accepted by the Chamber. That is what I heard this morning. I think the matter has been dealt with, and it has certainly been a public issue. I would presume that all members should be satisfied with the question having been dealt with in some fashion.

Mr. Speaker informed the House that Shayne Davies had been made Clerk Assistant and Committee Clerk of the Legislative Assembly of New Brunswick.

Mr. Allaby gave Notice of Motion 32 that on Thursday, August 14, 2003, he would move the following resolution, seconded by Mr. S. Graham: That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the August 8 Journal of Assembly 53

House the dollar amounts, dates awarded and completion dates for the Department of Transportation contracts listed and identified in the Schedule below and affixed hereto: Contract Description 98-1650 Riverglade-Route 2-CNR Overheads 98-3016 St. David Ridge Road Overpasses 98-3017 Back Road to Route 760 (Grading) 98-3018 Erb Settlement Road Overpasses 98-3018 Erb Settlement Road Overpasses 98-3020 Lower Cove-Route 1 CNR Overhead 98-3020 Lower Cove-Route 1 CNR Overheads 98-5078 Madawaska Maliseet First Nation-Rte 2 Underpass 98-5079 Longs Creek Bridge 98-5080 Edmundston TCH Viaduct-(South & North) 98-6146 Lily Brook to Benton Road-Grading 98-6147 Dugan Road to Lily Brook-Grading 98-6148 Hodgdon Rd. Int. to Dugan Rd-Grading 98-7134 St. Basile Int to Riviere Verte-Paving 98-7135 Quisibis River to Martin Road Interchange-Paving 98- 7136 Martin Road Interchange towards Grande River-Paving 98- 7140 Chapel Road to Rainsford Lane 98- 7141 Davidson Lake Road to Lodge Lane 98-7143 Beaconsfield to Scott Road Area 98-7144 Iroquois River to Hydroline 98-7146 Doucet Road to Quisibis River 98-7147 Quisibis to Grande River 99-7148 Riviere Verte to Quisibis River-Paving 99-1392 Aiton Road Overpass (Eastbound) 99-1638 Laforge Brook Area to Despres Rd (Clearing) 99-1697 Pisgah CNR Overhead 99-2071 Pennfield Interchange (Grading & Paving) 99-3030 Norton Interchange Area to CNR Overhead, Paving 99-3031 Norton Interchange to Sussex-Grading, Paving, Signing, Lighting & Connections 99-3054 Route 750 to St. David Ridge Road (Clearing) 99-3646 Route 16, Jake Road to O’Hearn Road 99-3651 Route 7, Backland Overpass Area to North of Henderson Lake Overpass 99-3684 Route 1, Lakeside Rd Overpass to Hammond Rib (WB lanes) & Route 7, Route 102 Int. Area twds Saint John 99-3718 Route 1, Eastbound Lanes (Rothesay Interchange Area) 99-3729 Route 1, Route 111 Interchange Area & Westbound Ramps + Route 119 Eastbound Ramps 99-5082 Bulls Creek Bridge 1.5 99-5083 Drury Cove Overpasses 99-5084 Route 3 Underpass 99-5085 Florenceville Bridge 99-5086 Route 760 Underpass (Simpson Corner 54 52 - 53 Elizabeth II, 2003 - 2004 August 8

99-5087 Benton Road Overpasses 99-5088 Shogomoc River Bridge No.1 (South) 99-5089 Hebert Blvd. (North & South) and East Madawaska Rd. (North & South) 99-6150 Route 3 to Route 750 (Grading) 99-6151 Quebec to Saint-Jacques, Scale Site Area 99-6152 Benton Road to Eel River (Grading) 99-6153 Route 760 to Waweig River (Grading) 99-6154 Aroostook to Curry Brook (Grading) 99-6155 Curry Brook to Route #190 Area (Grading) 99-6157 Eel River to Route 122-Grading 99-6158 Shogomoc Stream Area to Allandale Road Area-E/B Lanes 99-6159 Coombes Road to Albert Road-Grading 99-6160 Albert Road to Laforge Brook Area-Grading 99-6161 to Cougle Road, Job #1-Grading 99-6162 Route 122 Area towards Charlie Lake Rd Area (Clearing) 99-6163 Charlie Lake Rd Area towards Shogomoc Stream (Clearing) 99-6164 Quebec to Saint Jacques, Clearing & Pole Moves 99-7150 Pokiok Stream to Davidson Lake Road 99-7151 Wiggins Road to Route 10 99-7152 Route 2-Florenceville to Lansdowne Overpass & Acceleration Lane 99-7153 St. Basile to St. Leonard-Paving, Signing, Lighting & Connections 99-7154 Elgin Road Interchange to Old Route 2 (31.5 mm, P, S, L) 99-7156 Somerville Rd Area to South of Estey Road (Microsurfacing) 99-7157 Partridge Valley Rd to Thompson Rd (Various Locations in Dist 4 & 5-Rhyolite) 99-7158 Dugan Road to Benton Road 00-1919 Perth-Andover Access Road (Maintenance Depot to Rte#190), Grading & Paving 00-1988 Benton Road to Eel River (Completion of 99-6152) 00-2039 Pennfield (Route 176)-Route 1 Underpass 00-2056 Route 106, Plantation Road (Old Route 2) Intersection Upgrade 01-1393 Smith Creek Road Overpass (South) 01-2148 Bourgoin Road (Underpass) 01-2158 Route 870 to Route 880 01-2159 Route 95 toward Beardsley Road (EB & WB) and Dugan Rd Area toward Craig Road 01-2168 Westbound Lanes Improvement & Service Road (Grading & Paving) 01-2169 Bridge #1 01-2170 Dugan Road to Benton Road Area-(75mm) 01-2171 Sullivan Brook to Charlie Lake Rd. (Grading) 01-2172 Charlie Lake Road to Shogomoc Stream Area (Grading) 01-2174 Route 122 Overpasses 01-2218 Petitcodiac to Anagance (Westbound) 01-2258 Smith Creek Rd, Interchange to Cougle Rd (Detour)-Grading & Paving 01-2328 Grand Falls TCH Bridge (West) 01-2468 Laforge Brook Area to Desjardins Road-Grading August 8 Journal of Assembly 55

01-2478 Madawaska River No. 4.5 North & South 01-2479 Eel River Bridges #1.5 (Sub-structure) 01-2480 Eel River Bridges #1.5 (Steel Super-structure) 01-2918 Kennebecasis River Bridges No. 6.5 02-2638 Kennebecasis River Bridge #6.5 to Kennebecasis River Bridge #7 & Roachville Interchange 02-2639 Desjardins Road to CNR (Main Lanes, Interchange & Access)- Grading 02-2728 Route 218 Interchange Upgrade (G, P, S & L) 02-2768 Pennfield Interchange (Grading, Paving, Signing & Lighting) 02-2808 Pisgah CNR Overhead (south) 02-2818 Shogomoc Stream Area to Allandale Road Area-E/B Lanes 02-2828 CNR to Saint John River & Rte 108 Detour-Grading & Paving 02-2838 Coombes Rd to Albert Rd-Paving 02-2839 Route 122 Area to Charlie Lake Rd Area (Grading) 02-2848 Lower Cove CNR to Kennebecasis River Bridge #6.5 02-2849 Aroostook to Route 190 Area-Grading & Paving (Eastbound Lanes) 02-2850 Curry Brook Access Road-Route 2 Overpass (West Structure) 02-2851 Route 190 Area to Wark Brook (Grading & Paving) 02-2852 Albert Rd. to LaForge Brook & Bourgoin Int. (Grading & Paving), Job #2 02-2869 Coombes Brook Area to Hydroline 02-2870 Eastbound Lanes & Property Access Rd “B” (Grading) 02-2871 Dugan Road Area to Benton Road Area-31.5mm & Paving, Job #2 02-2872 Bulls Creek to Dugan Road Interchange & Dugan Rd Diversion- 31.5mm & Paving, Job #1 02-2873 Waweig Interchange & Connection to Existing Rte 1 Grading & Paving 02-2878 Kennebecasis River Bridge No 7 (North) 02-2898 Route 2, Hugh John Flemming Bridge toward Sommerville Road Area 02-2908 Rte 2, Prince William Area Climbing Lanes 02-2978 Laforge Road-Rte 2 Underpass 02-3018 Charlie Lake Road Overpasses 02-3038 Rte 2, EB End Divided Highway to River de la Troite, WB Rte 144 interchange area 02-3058 Route #190-Rte 2 Overpass (Westbound Lanes) 02-3068 Route 255-CNR Overhead 02-3070 Laplante Road Overpasses 02-3071 Route 108 Overpass 02-3072 Musquash River Bridge #1 (North) 02-3073 Grand Falls TCH Bridge (East)-Rehab 02-3078 Kennebecasis River Bridge No.7 (South) 02-3079 Aiton Road-Rte 1 WB Overpass (North) 02-3088 Albert Road-Rte 2 Overpasses 02-3098 Despres Road Underpass 56 52 - 53 Elizabeth II, 2003 - 2004 August 8

02-3099 Rte 2 CNR Subway 02-3158 Rte 1, Letang Causeway 02-3318 Rte 2, Doak Rd to Vanier Industrial Drive-Grading 02-3328 Rte 2, High Speed Connector to Doak Rd-Clearing 02-3368 Hodgdon Road Interchange-Grading 02-3418 Rte 2, Magnetic Hill Area to Mapleton Rd Area (EB & WB) 02-3438 Curry Brook Access Road-Route 2 Overpass (Westbound Lanes) 03-3459 Kennebecasis River #7 to Cougle Rd (Main Lanes & Ramps+Final Connections-Grading & Paving 03-3478 Eastbound Lanes (Paving, Signing & Lighting) 03-3548 Route 255 Connector-Rte 2 Underpass 03-3558 Rte 2, High Speed Connector to Doak Rd-Underpass Structure 03-3578 Roachville Route 1 Underpass 03-3588 Hodgdon Rd Interchange, Grading, Access Road & Trail 03-3598 Route 127 EB Overpass (South Structure) 03-3589 Curry Brook Culvert Replacement (WB Lanes) 03-3609 Rte 2, High Speed Connector to Doak Rd (G, P, S & L), Connections 03-3732 Route 190-Rte 2 Overpass (Eastbound Lanes-Deck Widening) 03-3736 Laforge Brook Area to Route 108 Area-Paving 03-3737 Despres Rd to Desjardin Rd Connector 03-3740 Waweig Interchange (Rte 127) & Connection to Rte 1, Paving, Signing & Lighting 03-3747 Final Connections (East & West Ends) & Coombes Brook Area- G, P, S & L 03-3748 Aroostook to Wark Brook (G, P, S & L) 03-3780 Hodgdon Rd Underpass 03-3808 Route 1 & Route 10, Roachville Road Interchange (Signing & Lighting) 03-3929 Lower Cove CNR to Kennebecasis 6.5 (Surface Mix)

Mr. Targett gave Notice of Motion 33 that on Thursday, August 14, 2003, he would move the following resolution, seconded by Mr. Branch: That an address be presented to Her Honour the Lieutenant- Governor, praying that she cause to be laid upon the table of the House all documents, correspondence, e-mails, reports, drafts, summaries, notes and matters that concern the private woodlots of New Brunswick being given “Primary Source of Supply” status.

Mr. Green announced that following third reading, the Royal Assent Ceremony would be taking place. August 8 Journal of Assembly 57

The Order being read for third reading of Bill 1, An Act to Amend the Insurance Act, a debate arose thereon. After some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. It was agreed by unanimous consent to continue sitting through the noon recess. And after some further time, Mr. Allaby rose on a point of order and requested that Mr. Mesheau, the Minister of Business New Brunswick, refrain from noting the presence or absence of Members in the Chamber. Mr. C. LeBlanc, the Deputy Speaker, ruled the point well taken. Hon. Ms. Fowlie rose on a point of order and submitted that the Member for Miramichi Centre had used unparliamentary language. The Member for Miramichi Centre apologized. At 1.29 o’clock p.m., Mr. C. LeBlanc, the Deputy Speaker, declared a recess and left the chair. 1.34 o’clock p.m. Mr. C. LeBlanc, the Deputy Speaker, resumed the chair. And after some time, Mr. Speaker resumed the chair. And the debate being ended, and the question being put that Bill 1, An Act to Amend the Insurance Act, be now read a third time, it was resolved in the affirmative. Accordingly, Bill 1, An Act to Amend the Insurance Act, was read a third time and passed.

At 2.20 o’clock p.m., Mr. Speaker declared a recess and left the chair. 2.30 o’clock p.m. Mr. Speaker resumed the chair.

Her Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took her seat in the chair upon the Throne. Mr. Speaker addressed Her Honour as follows: May It Please Your Honour: The Legislative Assembly of the Province of New Brunswick has passed a Bill at the present sittings of the Legislature to which, in the 58 52 - 53 Elizabeth II, 2003 - 2004 August 8 name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent. The Clerk Assistant then read the title of the Bill as follows: Bill 1, An Act to Amend the Insurance Act. Her Honour signified Her Assent as follows: It is the Queen’s wish. La reine le veut. To this Bill, Her Honour’s assent was announced by the Clerk of the Legislative Assembly in the following words: In Her Majesty’s name, Her Honour the Lieutenant-Governor assents to this Bill, enacting the same and ordering it to be enrolled. Her Honour then retired.

Mr. Speaker, at the request of Hon. Mr. Green, reverted to the Order of Government Motions for the Ordering of the Business of the House. On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud: RESOLVED, that when the Assembly adjourns at the end of this sitting day, it stand adjourned until Tuesday, March 30, 2004, provided always that if it appears to the satisfaction of Mr. Speaker, after consultation with the Government, that the public interest requires that the House should meet at an earlier time during the adjournment, Mr. Speaker may give notice that he is so satisfied and in such notice shall state a time at which the House shall meet, and thereupon the House shall meet at the time so stated and shall transact its business as if it has been duly adjourned to that time, and THAT in the event of Mr. Speaker being unable to act owing to illness or other cause, either of the Deputy Speakers shall act in his stead for the purpose of this order.

And then, 2.50 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were deemed laid before the Table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 10 August 6, 2003 December 9 Journal of Assembly 59

Tuesday, December 9, 2003. 1 o’clock p.m. Prayers. The Honourable the Premier offered the condolences of the Members of the Legislative Assembly to the family of the late Joseph Charles (Charlie) Van Horne, veteran of World War II, Progressive Conservative Member of Parliament for Restigouche-Madawaska (1955-1961), Leader of the Progressive Conservative Party of New Brunswick (1966-1967), Member of the Legislative Assembly (1967- 1974), and Minister of Tourism (1970-1972).

Mr. S. Graham, Leader of the Opposition, offered condolences to the family of the late Hon. Margaret Jean Anderson, a Liberal Senator of the for Northumberland-Miramichi (1978- 1990)

Mr. S. Graham, Leader of the Opposition, offered condolences to the family of the late Maurice Dionne, a Liberal Member of Parliament for Northumberland–Miramichi 1974-1984, and 1988-1993.

The Honourable the Premier offered condolences to the family of Mrs. Rolene Betts, wife of the Progressive Conservative M.L.A. for Moncton Crescent, on the death of her father, the late John Thiele.

The Honourable the Premier recognized the contribution to New Brunswick politics of Bernard Richard, Liberal M.L.A. for Shediac (1991-1995); Shediac—Cap-Pelé (1995-2003); who served as Minister of State for Intergovernmental and Aboriginal Affairs; acting Minister of Justice and Attorney General; Minister of Education; Leader of the Opposition; Interim Leader of the Liberal Party, and Opposition House Leader, and who has accepted the appointment of Ombudsman for the province of New Brunswick.

Mr. Speaker introduced the pages for the session: Jarrette Bannister, Fredericton; Andy MacNeil, Durham Bridge; Janice Linton, Perth- Andover, Adam Robar, Fredericton; Zita Nyarady, Fredericton; Jill Meade, Long Reach; Rose Campbell, Fredericton; Melissa MacKinley, Miramichi; Eric Moffatt, Fredericton; Sarah Murphy, Rothesay; Pamela Iezzi, Fredericton; and Nicholas Ouellette, Hatfield Point, who will serve as Head Page. 60 52 - 53 Elizabeth II, 2003 - 2004 December 9

Hon. Mr. Green, from the Standing Committee on Procedure, presented the First Report of the Committee which was read and is as follows: Legislative Building. Fredericton, New Brunswick December 9, 2003. To The Honourable The Legislative Assembly of The Province of New Brunswick. Honourable Members: I have the pleasure to present herewith the First Report of the Standing Committee on Procedure appointed July 30, 2003, by resolution of the Assembly. Further to its permanent order of reference, the Committee held two meetings, on November 28 and on December 3, 2003, and commenced a review of the Standing Rules and practices of the Legislative Assembly. Your Committee’s Report contains several recommendations for changes and improvements to the Standing Rules and practices of the House. The Committee’s work will continue on various matters still under study including a reform of the Supply procedure and a revision of the Standing Rules of the Legislative Assembly of New Brunswick to make the Rules gender neutral. I wish to thank the Members of the Committee and, on their behalf, to express the Committee’s appreciation to the Legislative staff who assisted the Committee with its work. Respectfully submitted on behalf of the Committee. (Sgd.:) ______Hon. Brad Green, Chair. MLA, Fredericton South. Ordered that the Report be received, that leave be granted, and the Committee continued. The full report of the Committee as presented follows: Legislative Building. Fredericton, New Brunswick December 9, 2003. To The Honourable The Legislative Assembly of The Province of New Brunswick. December 9 Journal of Assembly 61

Honourable Members: Your Standing Committee on Procedure begs leave to submit this their First Report. Your Committee was appointed by resolution of the House on July 30, 2003. Pursuant to Standing Rule 99, the Clerk of the House convened a meeting of the Committee on August 7, 2003, and presided over the election of a chair and vice-chair. On motion of Mr. Betts, Hon. Mr. Green was elected chair of the Committee and Hon. P. Robichaud was elected vice-chair. Pursuant to the provisions of Standing Rule 92, all standing rules and practices of the House, together with any matter referred by the Speaker, stand permanently referred to the Standing Committee on Procedure. In accordance with its permanent order of reference, the Committee held meetings on November 28, and December 3, 2003, and reviewed the Standing Rules and practices of the House. The current Standing Rules of the Legislative Assembly of New Brunswick were adopted in 1986. Although minor amendments have been made on several occasions to meet the pace of change and the needs of Members, the Rules remain essentially unchanged. Your Committee set about its task by outlining a number of procedural issues of concern to the Members, including the Speaker. It is anticipated that the process of review and evaluation of the Standing Rules will extend past the present session. Nonetheless, your Committee has had an opportunity to complete its study on a number of matters and is prepared to make certain recommendations to the Assembly. 1. PAIRING Pairing is an arrangement whereby two Members on opposite sides of the House agree to abstain from voting for a specified period of time. The arrangement, which permits Members to be absent on other business, is worked out either by the respective Whips or by the Members themselves. In this way, their votes are neutralized and the relative strength of the parties in the House is maintained. Several jurisdictions have provisions in the Standing Orders dealing with paired Members. In the Canadian House of Commons, Standing Order 44.1(1), which was adopted in 1991, provides for the establishment of a Register of Paired Members which is kept at the Table. To indicate that they will 62 52 - 53 Elizabeth II, 2003 - 2004 December 9 not take part in any recorded divisions held on a particular date, Members have their names entered together in the Register by their respective Whips. Independent Members sign in their own right. The names of Members having paired are printed in the Debates and in the Journals immediately following the entry for any recorded division held on that day. The Standing Orders are silent on the question of a broken pair, which occurs when paired Members vote. Notwithstanding the newly formalized way of arranging pairs, House of Commons Speaker John Fraser noted in a 1992 ruling that agreements to pair still are private arrangements between Members and not matters in which House or the Speaker can intervene. (Debates, June 11, 1992, pp. 11789) Members who inadvertently vote when paired must seek the unanimous consent of the House to rescind their votes. In the Legislative Assemblies of Ontario and New South Wales, Standing Orders provide for the pairing of Members by requiring that the names of Members pairing on any division be recorded in the division list, in the Votes and Proceedings, and in Hansard. In New Brunswick, subrule 62(4) of the Standing Rules contemplates that a pairing arrangement may be entered into between Members and, in such a case, requires that the names of the Members pairing be printed in the Journals immediately following the entry of the “yeas” and “nays” on the recorded division for which the pairs were declared. There are no further provisions in the Standing Rules of the Legislative Assembly of New Brunswick to formalize an arrangement in which two members agree to pair. Notwithstanding that there is no provision in the Standing Rules to formalize pair arrangements between Members, and notwithstanding that pairing has no official standing and is considered a private arrangement between Members, your Committee agreed that there was a need to establish such a protocol. It was the view of the Committee that a pairing agreement between two Members gives rise to a considerable moral and political obligation for the two Members to adhere to the agreement. Recommendation Your Committee therefore recommends that the Clerk of the House maintain at the Table a Register of Paired Members in which any Member of the Government party and any Member of an Opposition party may have their names entered together by their respective Whips or House Leaders, to indicate that they will not take part in December 9 Journal of Assembly 63 any recorded division held on the date inscribed on that page of the Register; provided that independent Members of the Legislature may sign the Register in their own right. Your Committee further recommends that a pairing agreement be confirmed by the signature of the respective Whips or House Leaders. 2. ROUTINE PROCEEDINGS To meet the needs of Members, your Committee is of the opinion that an additional item of routine business entitled “Condolences and Messages of Sympathy” be added to the ordinary daily routine of business in the House. This item of business would not be called by the Speaker unless the Speaker has received prior notice of a Member’s intention to present a message of condolence or sympathy. Your Committee agreed that the item “Introduction of Guests and Congratulatory Messages” would become two separate items of business, “Introduction of Guests” and “Congratulatory Messages” with the latter being limited to 10 minutes. The change will make a clear distinction between these two items of business and provide further guidance to the Speaker and Members. Recommendation Your Committee therefore recommends for adoption the following changes to the Standing Rules: Standing Rule 35 is amended by striking out the item of business “Introduction of Guests and Congratulatory Messages (10 minutes).” and substituting the following: Condolences and Messages of Sympathy (prior notice to Speaker). Introduction of Guests. Congratulatory Messages (10 minutes). Your Committee further recommends that the Standing Rules be amended by adding after Standing Rule 35 the following: 35.1 The Speaker shall not call the item of routine business “Condolences and Messages of Sympathy” unless a Member shall have given prior notice to the Speaker of the Member’s intention to present a message of condolence or sympathy. 3. ORAL QUESTIONS There are currently no time limits prescribed by the Standing Rules on the length of questions from Members and the responses from Ministers during the oral question period in the House. 64 52 - 53 Elizabeth II, 2003 - 2004 December 9

The Standing Rules do, however, require an oral question and the answer thereto to be concisely and clearly put. Over the past several decades, the practice that has evolved in the Legislature has resulted in unnecessarily lengthy questions and answers. A number of jurisdictions place time limits on the length of the questions and answers. To improve the efficiency of question period – which frequently the public views as the most important part of the parliamentary sitting day – and to allow more Members to ask questions, the Committee is of the opinion that time limits must be placed on the length of the questions and answers. Until very recently, if a Minister replied on a subsequent day to a question taken as notice, the Member who asked the question was not permitted a supplementary or follow-up question. During recent sessions of the House, the practice was relaxed to permit the Member to ask the Minister a follow-up question and the Minister was permitted to respond. The Committee agreed that the practice that has developed in this regard should be codified in the Standing Rules of the House. Recommendation Your Committee therefore recommends for adoption the following amendments to the Standing Rules: Standing Rule 41 is amended by adding after subrule 41(3) the following: 41(4) A Member asking a question shall speak for no more than sixty seconds. A Minister’s reply shall not exceed sixty seconds. 41(5) A Member asking a question shall be allowed two supplementary questions on the same subject matter. 41(6) If a Minister replies to a question taken as notice and answers it orally on a subsequent day, the Member who asked the question shall be entitled to ask one supplementary question and the Minister shall be entitled to respond. 4. PRIVATE MEMBERS’ PUBLIC BUSINESS Private Members’ Motions, for which notices have been traditionally submitted early in a session, are debated each Tuesday and Thursday. Presently, fewer than forty percent of all motions submitted by Private Members and placed on the Order and Notice Paper are ever debated in the House during a session. The motions which are considered are often debated for several months and the remaining motions are carried on the Order and Notice Paper for long periods of time, until the end of the session. December 9 Journal of Assembly 65

The consequence of this long delay is that the subject matter of these motions becomes obsolete and is thus no longer timely and topical when the motions eventually come up for debate. Consequently, the role of the Private Member as a spokesperson for the Member’s constituents and for the people of New Brunswick is somewhat eroded in that Members are not given the opportunity to introduce debate and influence issues of immediate and current concern to all. Your Committee is of the opinion that the House should spend no more than one hundred and twenty minutes on any item of Private Members’ Public Business. It is also the view of your Committee that the motions that are to be considered during the days allotted for the consideration of Private Members’ Public Business should alternate between Opposition and Government Members to allow all Private Members the opportunity to debate issues of concern. Recommendation Your Committee therefore recommends for adoption the following amendments to the Standing Rules: Standing Rule 44 is amended by striking out subrule 44(2) and substituting the following: 44(2) The proposer of an item of Private Members’ Public Business may speak for up to twenty minutes, and all other Members up to fifteen minutes. The proposer when speaking in reply shall not speak for more than ten minutes. 44(2.1) An item of Private Members’ Public Business shall be debated for not more than one hundred and twenty minutes. 44(2.2) At the expiration of one hundred and ten minutes of the time allocated for the consideration of a Private Member’s motion under subrule (2.1), the Speaker shall interrupt proceedings and recognize the mover of the motion to close the debate. 44(2.3) At the expiration of the time allocated for the consideration of a Private Member’s motion under subrule (2.1), the Speaker shall interrupt proceedings and forthwith put the question, if the debate has not concluded by that time. 44(2.4) The order of consideration of items of Private Members’ Public Business shall be determined by the order in which such items have been presented in the House and in the application of this subrule, the rotation described in subrule (2.5) shall be observed. 66 52 - 53 Elizabeth II, 2003 - 2004 December 9

44(2.5) Items of Private Members’ Public Business shall be considered according to the following rotation: (a) two items introduced by Members of the recognized party forming the Official Opposition; (b) one item introduced by Members of the recognized party forming the Government; (c) two items introduced by Members of the recognized party forming the Official Opposition ; (d) one item introduced by Members of the party having the third largest membership in the House; (e) one item introduced by Members of the recognized party forming the Official Opposition; (f) one item introduced by Members of the recognized party forming the Government. 44(2.6) A motion for returns (tabling motion) shall not be considered as an item of Private Members’ Public Business for the purpose of the rotation described in subrule (2.5) unless the motion for returns is debated. 5. VOTING IN COMMITTEE OF THE WHOLE HOUSE Currently, several jurisdictions allow the chair of a committee to have a deliberative vote like any other Member of the Committee. In the Canadian House of Commons, the chair of the Private Bills Committee has a deliberative vote and a casting vote. Their Standing Order 141(3) states: Voting in committee. Chairman votes. 141 (3) All questions before committees on private bills are decided by a majority of voices including the voice of the Chairman; and whenever the voices are equal, the Chairman has a second or casting vote. [CHAPTER XV, PRIVATE BILLS] In Quebec, a provision of the Standing Orders allows the chair of all committees, except the committees of the Whole House, to have a deliberative vote, like any other Member. In the event of a tie in committee, the motion under consideration is deemed lost (other than in the Committees of the Whole House where the chair has a casting vote). Standing Order 138 states: 138. Duties and powers of chairman – The chairman shall organize and direct the proceedings of is committee and take part in its deliberations and he shall be entitled to vote. The above provision of the Standing Orders does not extend to the chairs of the Committees of the Whole House. December 9 Journal of Assembly 67

In the Nova Scotia House of Assembly, Standing Rule 61(1)gives to the chair of all committees, a deliberative vote and a second or casting vote in the event of a tie. Their Standing Order 61(1) states as follows: Voting in Committees 61 (1) All Questions before Committees shall be decided by a majority of voices, including the voice of the Chairman, and whenever the voices are equal the Chairman shall have a second or casting vote. 1955 R. 53 am.; 1980 R. 61(1). The above provision of the Standing Rules applies to the Chair of all Committees, including the Chair of the Committees of the Whole House. Recommendation Your Committee therefore recommends for adoption the following amendment to the Standing Rules: Standing Rule 81 is repealed and the following substituted therefore: 81 The Chair of the Committees of the Whole House shall not take part in any debate in the Committees of the Whole House but the Chair shall be entitled to vote. In the event of an equality of votes upon a division in the Committees of the Whole House, the Chair shall cast a second or deciding vote. The foregoing recommendations for amendments to the Standing Rules of the Legislative Assembly are considered by your Committee to be improvements to meet the needs of Members, and to improve the efficiency and the orderly flow of the business in the House. It is, however, the intention of the Committee to continue meeting to monitor these changes, if the Assembly sees fit to adopt them, and also to carry on its consideration of other matters still at the study stage. All of which is respectfully submitted on behalf of the Committee. (Sgd.:) ______Hon. Brad Green, Chair. M.L.A., Fredericton South.

Pursuant to subsection 16(2) of the Auditor General Act, Mr. Speaker laid upon the table of the House the Auditor’s Report on the Accounts of the Office of the Auditor General of the Province of New Brunswick for the Fiscal Year ended 31 March 2003. 68 52 - 53 Elizabeth II, 2003 - 2004 December 9

With unanimous consent of the House, oral question period was extended an additional 15 minutes.

The following Bills were introduced and read the first time: By Hon. Mrs. Blaney, Bill 8, An Act to Amend the Employment Standards Act. By Hon. Mr. Volpé, Bill 9, An Act to Amend the Municipal Assistance Act. Bill 10, An Act Respecting the Real Property Tax on University Property. Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act. Bill 12, An Act to Amend the Tobacco Tax Act. By Hon. E. Robichaud, Bill 13, An Act Respecting Mental Health and Public Health Services. Bill 14, An Act to Amend the Mental Health Act. By Hon. Mrs. Blaney, Bill 15, An Act to Amend An Act to Amend the Occupational Health and Safety Act. By Hon. Mr. Green, Bill 16, An Act to Amend the Provincial Court Act. By Hon. Mr. Ashfield, Bill 17, An Act to Amend the Crown Lands and Forest Act. Bill 18, An Act to Amend the Fish and Wildlife Act. By Hon. Mr. Mockler, Bill 19, An Act to Amend the Order of New Brunswick Act. Bill 20, An Act Respecting Administrative Matters in Various Corporate Acts. By Hon. Mr. Huntjens, Bill 21, An Act to Amend the Family Services Act. By Hon. Ms. Dubé, Bill 22, An Act to Amend the Education Act. By Hon. Mr. Lord, Bill 23, An Act to Amend the Executive Council Act. By Ms. Weir, Bill 24, An Act to Amend the Human Rights Act. Ordered that the said Bills be read a second time at the next sitting. December 9 Journal of Assembly 69

Mr. Allaby gave Notice of Motion 34 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Armstrong: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Transportation.

Mr. S. Graham gave Notice of Motion 35 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Haché: WHEREAS in the document entitled Prosperity Plan 2002-2012, the Premier and his Party identify balanced budget as a way to create a competitive fiscal and business environment; and WHEREAS the document entitled Reaching Higher, Going Further, 2003-2007 identified the current Conservative Government’s top 5 priorities to include a balanced budget over the next four years; and WHEREAS the Dominion Bond Rating Service has stated that in 2002-2003 the province recorded the first deficit in eight years; BE IT RESOLVED that the Legislative Assembly urge the Government to bring forward a balanced budget for the current 2003-2004 fiscal year. BE IT FURTHER RESOLVED that the Legislative Assembly urge the Government to bring forward a balanced budget for the 2004-2005 fiscal year.

Mr. S. Graham gave Notice of Motion 36 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Ouellette: WHEREAS the provincial government started the process of reforming local governance in 1999; and WHEREAS many committees have studied local governance in New Brunswick and many reports have been tabled since the beginning of the local governance reform process; and WHEREAS a decision has still not been made by the Province regarding local governance reform; and 70 52 - 53 Elizabeth II, 2003 - 2004 December 9

WHEREAS all 103 municipalities have unanimously endorsed a new funding model; and WHEREAS the provincial government has turned down the municipalities’ proposal and has introduced an initiative that constitutes an interim measure and does not resolve the municipal funding problem; and WHEREAS the interim measure introduced by government will lead to a decrease in funding for municipalities; BE IT THEREFORE RESOLVED that this Legislature urge the Provincial government to commit to stable municipal funding and the implementation of a new fiscal partnership with the municipalities within the upcoming year.

Mr. MacIntyre gave Notice of Motion 37 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Kennedy: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Health and Wellness.

Mr. Landry gave Notice of Motion 38 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Paulin: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Tourism and Parks.

Mr. Haché gave Notice of Motion 39 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Kenny: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to December 9 Journal of Assembly 71 the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Business New Brunswick.

Mr. Armstrong gave Notice of Motion 40 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Albert: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Agriculture, Fisheries and Aquaculture.

Ms. Robichaud gave Notice of Motion 41 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Boudreau: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Education.

Mr. Albert gave Notice of Motion 42 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Doucet: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Public Safety.

Mr. Jamieson gave Notice of Motion 43 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Ouellette: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to 72 52 - 53 Elizabeth II, 2003 - 2004 December 9 the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Environment and Local Government.

Mr. Lamrock gave Notice of Motion 44 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Allaby: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Finance.

Mr. McGinley gave Notice of Motion 45 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Branch: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Training and Employment Development.

Hon. Mr. Volpé gave Notice of Motion 46 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by the Honourable the Premier: That this House approves in general the capital budgetary policy of the government.

With leave of the House, Hon. Mr. Lord moved, seconded by the Leader of the Opposition: (Motion 47) WHEREAS the term of Ellen King as acting Ombudsman will expire on January 2, 2004. THEREFORE BE IT RESOLVED that this House confirms in accordance with subsection 4(3) of the Ombudsman Act and recommends to the Lieutenant-Governor in Council under subsection 2(1) of the Ombudsman Act that Bernard Richard be appointed Ombudsman effective January 3, 2004, for a term of ten years. December 9 Journal of Assembly 73

BE IT FURTHER RESOLVED that this House express its appreciation and gratitude to Ellen Elizabeth King for her over 10 years of professional and dedicated service to the Legislature and the people of New Brunswick as Ombudsman. And the question being put, Motion 47 was resolved in the affirmative.

With leave of the House, Hon. Mr. Green moved the following resolution, seconded by Hon. P. Robichaud: (Motion 48) THAT the recommendations contained in the First Report of the Standing Committee on Procedure be concurred in by the House. And the question being put, a debate ensued. And after some time Mr. Lamrock, seconded by Mr. Targett, moved in amendment: AMENDMENT THAT this Motion be amended by adding the following phrase after the word “Procedure”. “, except for any and all recommendations amending Standing Rule 81” Mr. Speaker interrupted the proceedings and reminded all Members that they are not permitted to speak in the House until they are first recognized by the chair and cautioned Members against abusing the privilege of raising points of order. And the question being put, a debate ensued. And after some time, Hon. Mr. Green rose on a point of order to complain that Mr. Murphy’s remarks were not relevant to the matter under debate. Mr. Speaker asked the Member for Moncton North to keep his remarks relevant to the amendment under consideration. At 6 o’clock p.m., Mr. Speaker interrupted proceedings and advised that the time for daily adjournment had arrived.

And then, 6 o’clock p.m., the House adjourned. 74 52 - 53 Elizabeth II, 2003 - 2004 December 9

The following documents, having been deposited with the Clerk of the House, were laid upon the Table of the House, pursuant to Standing Rule 39: REPORTS/DOCUMENTS FILED IN CLERK’S OFFICE Annual Report, 2002 Beaverbrook Art Gallery August 12, 2003 Annual Report, Atlantic Lottery Corporation 2003 August 18, 2003 Annual Report, New Brunswick Liquor Corporation August 29, 2003 Annual Report, New Brunswick Human Rights Commission 2002-03 September 12, 2003 Annual Report and Financial Statements of Algonquin Properties Limited and Algonquin Golf Limited September 19, 2003 Annual Report, Le Centre communautaire Sainte-Anne 2002-2003 September 22, 2003 Annual Report, Service New Brunswick 2002-2003 September 30, 2003 Annual Report, Youth Council of New Brunswick 2001-2002 October 3, 2003 Annual Report, Office of Human Resources 2002-2003 October 15, 2003 Annual Report, Department of Natural Resources and Energy 2002-2003 October 17, 2003 Annual Report, Legislative Activities 2002 October 20, 2003 Annual Report, Department of Intergovernmental Affairs 2002-2003 October 23, 2003 Annual Report, Department of Public Safety 2002-2003 October 27, 2003 Annual Report, Department of Transportation 2002-2003 October 30, 2003 Annual Report, Office of the Comptroller 2002-2003 November 3, 2003 Annual Report, Department of Tourism and Parks 2002-2003 November 14, 2003 Annual Report, Department of Training and Employment Development 2002-2003 November 21, 2003 Annual Report, Department of Finance 2002-2003 November 21, 2003 December 9 Journal of Assembly 75

Annual Report, New Brunswick Board of Commissioners of Public Utilities December 2, 2003 Annual Report, Kings Landing (April 1, 2002 to March 31, 2003) December 2, 2003 Annual Report, Culture and Sport Secretariat 2002-2003 December 5, 2003 Annual Report, Department of Supply and Services 2002-2003 December 5, 2003 OTHERS Air Quality Monitoring Results in New Brunswick for the year 2001 - Environmental Reporting Series September 3, 2003 Consultation Paper on Public Auto Insurance in New Brunswick September 23, 2003 Directory - New Brunswick Forestry Sector Group September 22, 2003 NB Investment Management Corporation 2002-2003 September 30, 2003 Financial Statements for the fiscal year ended 31 March 2003 November 21, 2003 Workplace Health, Safety and Compensation Commission - Report to Stakeholders 2002 October 3, 2003 Workplace Health, Safety and Compensation Commission - Worker’s Compensation: A guide for New Brunswick Workers October 3, 2003 Annual Report of Municipal Statistics for New Brunswick 2003 October 10, 2003 Annual Report, Research and Productivity Council 2002-2003 October 17, 2003 Annual Report, Premier’s Council on the Status of Disabled Persons 2002-2003 October 17, 2003 The New Brunswick Tire Stewardship Board Annual Report 2002 Management Plan 2003-2004 October 27, 2003 Annual Report, New Brunswick Highway Corporation October 27, 2003 Public Disclosure Statements filed pursuant to subsection 20(7) of the Members’ Conflict of Interest Act October 29, 2003 76 52 - 53 Elizabeth II, 2003 - 2004 December 9

Annual Report, Youth Council of New Brunswick 2002-2003 October 31, 2003 Annual Report, RCMP “J” Division 2002/03 Annual Report November 3, 2003 A Report by the Minister of Finance on Members’ Expenses, pursuant to section 30(3) of the Legislative Assembly Act November 13, 2003 Labour and Employment Board 2002-2003 November 17, 2003 Financial Statements for the fiscal year ended 31 March 2003 November 21, 2003 Lotteries Commission of New Brunswick 2002-2003 November 26, 2003 Report of the Chief Electoral Officer - Thirty-fifth General Election-June 9, 2003 December 8, 2003 Documents requested in Notice of Motion 12 August 8, 2003 Documents requested in Notices of Motions 14 and 16 August 13, 2003 Documents requested in Notice of Motion 28 August 18, 2003 Documents requested in Notice of Motion 17 August 19, 2003 Documents requested in Notice of Motion 32 September 11, 2003 December 10 Journal of Assembly 77

Wednesday, December 10, 2003. 10 o’clock a.m. Prayers. During Introduction of Guests and Congratulatory Messages, Mr. Speaker interrupted proceedings and reminded Members that this item of business should not be used for political argument or debate.

Mr. Targett gave Notice of Motion 49 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Brewer: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Natural Resources.

Mr. Burke gave Notice of Motion 50 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Lamrock: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Justice.

Mr. Murphy gave Notice of Motion 51 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Kennedy: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Family and Community Services.

Mr. Kenny gave Notice of Motion 52 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. LeBlanc: 78 52 - 53 Elizabeth II, 2003 - 2004 December 10

That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Regional Development Corporation.

Mr. Arseneault gave Notice of Motion 53 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Paulin: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Office of Human Resources.

Mr. Arseneault gave Notice of Motion 54 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Branch: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Intergovernmental and International Relations.

Mr. Brewer gave Notice of Motion 55 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Murphy: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Supply and Services.

Mr. Doucet gave Notice of Motion 56 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Branch: December 10 Journal of Assembly 79

That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and their subsequent impact on the Department of Energy.

Mr. Paulin gave Notice of Motion 57 that on Tuesday, December 16, 2003, he would move the following resolution, seconded by Mr. Arseneault: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all revenues and expenditures for Larry’s Gulch fishing lodge for the 2002-03 fiscal year.

Hon. Mr. Green announced that it was the intention of the government that the House proceed to the order of second reading, following which, there would be discussion with the Opposition with regard to the order in which further business of the House would be taken up. On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud: RESOLVED, that when the Assembly adjourns on Friday, December 19, 2003, it stand adjourned until Tuesday, March 30, 2004, provided always that if it appears to the satisfaction of Mr. Speaker, after consultation with the Government, that the public interest requires that the House should meet at an earlier time during the adjournment, Mr. Speaker may give notice that he is so satisfied and in such notice shall state a time at which the House shall meet, and thereupon the House shall meet at the time so stated and shall transact its business as if it has been duly adjourned to that time, and THAT in the event of Mr. Speaker being unable to act owing to illness or other cause, either of the Deputy Speakers shall act in his stead for the purpose of this order.

The order being read for second reading of Bill 8, An Act to Amend the Employment Standards Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 8 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 8, An Act to Amend the Employment Standards Act, was read a second time and ordered referred to the Committee of the Whole House. 80 52 - 53 Elizabeth II, 2003 - 2004 December 10

The order being read for second reading of Bill 9, An Act to Amend the Municipal Assistance Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. Ms. Weir rose on a point of order and expressed concern that the woman who had chained herself to the Legislature earlier during the day had been charged after her removal and submitted that this matter did not warrant charges, given the tradition of peaceful protesting in New Brunswick. Mr. Deputy Speaker ruled that the issue was not a point of order but a concern and informed the House that the Office of the Speaker had responsibility for security within the precincts. Mr. Deputy Speaker informed the House that the appropriate authorities had been called to handle the matter and that the Speaker would express his concerns and those of the Assembly regarding the appropriate course of action that should be taken to resolve the matter.

At 12.30 o’clock p.m., Mr. Deputy Speaker left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker. Debate resumed on the motion for second reading of Bill 9, An Act to Amend the Municipal Assistance Act. Hon. Mr. Green rose on a point of order and submitted that the Member for Saint John Champlain should direct his comments through the chair. Mr. Deputy Speaker ruled the point well taken. Hon. Ms. Fowlie rose on a point of order and submitted that the Member for Moncton North was referring to a Minister in an unparliamentary manner. Mr. Deputy Speaker cautioned Members against making personal attacks. And after some time, Mr. Speaker resumed the chair. And after some further time, due to the unavoidable absence of Mr. Speaker, Mr. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Mr. Speaker resumed the chair. December 10 Journal of Assembly 81

And after some further time, Mr. Speaker interrupted proceedings and advised that the ordinary time of daily adjournment had arrived.

And then, 6 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were laid upon the Table of the House, pursuant to Standing Rule 39: Report of the Auditor General of New Brunswick - Volume 1 - 2003 December 9, 2003 Report of the Auditor General of New Brunswick - Highlights - Volume 1 - 2003 December 9, 2003 82 52 - 53 Elizabeth II, 2003 - 2004 December 11

Thursday, December 11, 2003. 1 o’clock p.m. Prayers. Mr. Speaker welcomed to the Assembly the Speaker of the House of Assembly of Newfoundland and Labrador, Hon. Harvey Hodder, M.H.A. for Waterford Valley District; Deputy Speaker Roger Fitzgerald, M.H.A. for Bonavista South; and A. John Noel, Q.C., Clerk of the House.

Ms. Weir, the Member for Saint John Harbour, laid upon the table of the House a petition signed by New Brunswick citizens who oppose the granting of a permit to Bennett Environmental New Brunswick Inc. for the construction and operation of an incinerator to burn toxic material and who urge the Minister to order an independent environmental assessment of this project as well as public consultation with the residents of the Chaleur Bay region. (Petition 10)

Ms. Weir, the Member for Saint John Harbour, laid upon the table of the House a petition signed by citizens of the Belledune area who urge the Premier to turn down the Bennett application for a proposed toxic waste incinerator and urge the government to establish legislation to provide communities full environmental assessments and public hearings. (Petition 11)

Mr. Boudreau, the Member for Campbellton, laid upon the table of the House a petition signed by citizens of the Tracadie-Sheila area who say no to the installation of an incinerator to burn toxic material; no to importing toxic waste from the United States; yes to protecting our health and that of our children; yes to a healthy northern New Brunswick; yes to an independent environmental impact assessment, and who urge the government to take action. (Petition 12)

Mr. Albert, the Member for Caraquet, laid upon the table of the House a petition signed by citizens of the Beresford, Petit-Rocher and Point-Vert area who say no to the installation of an incinerator to burn toxic material; no to importing toxic waste from the United States; yes to protecting our health and that of our children; yes to a healthy northern New Brunswick; yes to an independent environmental impact assessment, and who urge the government to take action. (Petition 13) December 11 Journal of Assembly 83

During Routine Proceedings, Mr. Speaker interrupted the proceedings and advised the visitors in the gallery that they are not permitted to take part in debate.

With the unanimous consent of the House, it was agreed to extend the time allotted for Oral Questions to permit the Member for Nigadoo-Chaleur to ask two supplementary questions.

Mr. S. Graham gave Notice of Motion 58 that on Thursday, December 18, 2003, he would move the following resolution, seconded by Mr. Brewer: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports in regard to estimates of the additional tax revenue–by tax brackets–that will be collected as a result of the income tax measure requiring an amendment to the Income Tax Act announced by the Department of Finance on November 11, 2003.

Hon. Mr. Green moved the following resolution, seconded by Hon. P. Robichaud: (Motion 59) RESOLVED, that the membership of the Legislative Administration Committee be amended by substituting the name of Mr. Branch for Mr. Richard; That the membership of the Standing Committee on Procedure be amended by substituting the name of Mr. Lamrock for Mr. Richard; That the membership of the Standing Committee on Public Accounts be amended by substituting the name of Mr. Allaby for Mr. Richard; That the membership of the Select Committee on Public Automobile Insurance be amended by substituting the name of Mr. Lamrock for Mr. Richard; That the membership of the Standing Committee on Crown Corporations be amended by substituting the name of Mr. MacIntyre for Mr. Allaby. And the question being put, it was resolved in the affirmative.

Hon. Mr. Green announced that it was the intention of the government that the House resume the adjourned debate on the motion that Bill 9, An Act to Amend the Municipal Assistance Act, be 84 52 - 53 Elizabeth II, 2003 - 2004 December 11 now read a second time, following which, the House would proceed with second reading of remaining Bills and Private Members’ Motions.

The House resumed the adjourned debate on the motion that Bill 9, An Act to Amend the Municipal Assistance Act, be now read a second time. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. Hon. Mr. Green rose on a point of order and requested that the Member for Kings East withdraw the term “deceitful” which he did. Hon. Mr. Steeves rose on a point of order and submitted that the Member for Saint John Lancaster was inappropriately referring to a Member by name and not by constituency. Mr. Deputy Speaker ruled the point well taken. And after some time, Mr. Holder, the Deputy Speaker took the chair as Acting Speaker. Mr. Paulin rose on a point of order and submitted that the Member for Oromocto-Gagetown was not speaking to the principal of the Bill under consideration. Mr. Deputy Speaker reminded all Members that debate should be directed to the principal of Bill 9. And after some time, Mr. Speaker resumed the chair. And after some further time, Mr. Speaker interrupted proceedings and advised that the ordinary time of daily adjournment had arrived.

And then, 6 o’clock p.m., the House adjourned. December 12 Journal of Assembly 85

Friday, December 12, 2003. 10 o’clock a.m. Prayers. Hon. Mr. Green, Minister of Justice, recognized the significant contribution to the development of the University of New Brunswick and to the educational system in Canada and abroad of the late Dr. Colin B. MacKay, O.C., a naval veteran of WWII, president (1953- 1969) and president emeritus (1979-2003) of the University of New Brunswick.

The Honourable the Premier paid tribute to the incoming Prime Minister, the Right Honourable Paul Martin, and to the Right Honourable Jean Chrétien on his retirement as (1993-2003).

Mr. MacIntyre introduced Charles LeBlanc of Saint John, N.B., whose presence on the grounds of the Legislature for the past 180 days has brought attention to the concerns of children suffering from attention deficit disorders. Hon. E. Robichaud joined with Mr. MacIntyre in this regard.

Mr. Burke, the Member for Fredericton North, laid upon the table of the House a petition signed by concerned citizens who agree that Ritalin is over-prescribed in this province. (Petition 14)

Following Statements by Members Mr. Lamrock stood on a point of order and sought clarification on the guidelines for making Members’ Statements since it was his understanding that rulings of this House and other jurisdictions made it clear that Members’ Statements were not to be used to make personal attacks against other Members. Mr. Speaker stated that he would take the matter under advisement.

During Oral Questions, Mr. Speaker cautioned Members against taking parting shots at a Minister who had responded to a previous question.

Mr. S. Graham raised a point of order that the Honourable the Premier had used the Order of Congratulatory Messages to criticize. 86 52 - 53 Elizabeth II, 2003 - 2004 December 12

Mr. Speaker stated that he had not reverted to the Order of Congratulatory Messages.

Following Oral Questions, Mr. Lamrock stood on a point of order and maintained that Ministers were responsible for their departments and that it was improper for a Minister to answer a question by stating that the Minister was relying on the advice of departmental staff. Mr. Speaker ruled that Ministers are not obliged to answer questions; they may take questions under advisement or they may choose not to answer.

It was agreed by unanimous consent to continue sitting through the noon recess and to adjourn at 4.30 o’clock p.m. With leave of the House, Hon. Mr. Green moved, seconded by Mr. MacDonald: THAT by order of the House pursuant to Standing Rule 97, the Select Committee on Wood Supply be empowered to sit concurrently with the House on Wednesday, December 17, 2003, in the Legislative Council Chamber of the Legislative Assembly in order to conduct public hearings and such other business as the Committee deems necessary. And the question being put, it was resolved in the affirmative.

Hon. Mr. Green advised that it was the intention of the government that the House resume the adjourned debate on the motion that Bill 9, An Act to Amend the Municipal Assistance Act, be now read a second time, following which, the House would continue with second reading of Bills 10 through 24.

The House resumed the adjourned debate on the motion that Bill 9, An Act to Amend the Municipal Assistance Act, be now read a second time. And after some time, Mr. Speaker called Mr. McGinley, the Member for Grand Lake, to order and advised that it was improper to refer to the presence of absence of Members from the House. Mr. Branch stood on a point of privilege, pursuant to Standing Rule 49 c) and claimed that the Member for Kent South had implied that the Member for Nepisiguit was part of a protest in Saint-Sauveur in 1997. December 12 Journal of Assembly 87

Mr. Williams spoke to the point of order and maintained that he did not imply that the Member for Nepisiguit was part of the government during the period the protest took place. Mr. Speaker briefly addressed the point of order and advised that he would deliver a more detailed ruling on Tuesday next.

Mr. Lamrock stood on a point of order and took exception to allegations made by the Member for Oromocto-Gagetown against the Member for York. Mr. Speaker took the matter under advisement.

And the debate continuing, And the debate being ended, and the question being put that Bill 9, An Act to Amend the Municipal Assistance Act, be now read a second time, the motion was carried on the following recorded division: YEAS - 26 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Mr. Steeves Mr. Malley Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Williams Hon. Mr. Volpé Hon. Ms. Poirier Mr. Carr Hon. Mr. Lord Hon. Mr. Ashfield Mr. MacDonald Hon. Mr. Green Hon. Mr. Fitch Mr. Stiles Hon. D. Graham Hon. Ms. Fowlie Mr. Holder Hon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlanc Hon. Ms. MacAlpine Hon. Mr. Alward NAYS - 25 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Ouellette Mr. Foran Mr. MacIntyre Ms. Robichaud Mr. Albert Mr. Allaby Mr. Lamrock Mr. A. LeBlanc Mr. S. Graham Mr. Targett Mr. Paulin Mr. Haché Mr. Burke Mr. Doucet Mr. Armstrong Mr. Murphy Mr. Boudreau Mr. Landry Mr. Kenny Mr. Brewer Mr. Branch Accordingly, Bill 9, An Act to Amend the Municipal Assistance Act, was read a second time and referred to the Committee of the Whole House. 88 52 - 53 Elizabeth II, 2003 - 2004 December 12

The order being read for second reading of Bill 10, An Act Respecting the Real Property Tax on University Property, a debate arose thereon. And the debate being ended and the question being put that Bill 10 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 10, An Act Respecting the Real Property Tax on University Property, was read a second time and ordered referred to the Committee of the Whole House.

The order being read for second reading of Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. Hon. Mr. Green rose on a point of order and submitted that it was improper for the Member for Nepisiguit to be using props in the House. Mr. Holder, the Deputy Speaker, ruled the point well taken. Mr. Stiles rose on a point of order and submitted that the Member for Nepisiguit was imputing false or unavowed motives to the Minister of Transportation. Mr. Lamrock spoke to the point of order. Mr. Holder, the Deputy Speaker, ruled that the matter involved a dispute over fact and that it was not the role of the Speaker to resolve disputes of fact and to determine which version of facts presented to the House was correct. And the debate being ended and the question being put that Bill 11 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act, was read a second time and ordered referred to the Committee of the Whole House.

The following Bill was read a second time and ordered referred to the Committee of the Whole House: Bill 12, An Act to Amend the Tobacco Tax Act.

The order being read for second reading of Bill 13, An Act Respecting Mental Health and Public Health Services, a debate arose thereon. And after some time, Mr. Speaker resumed the chair. And the debate being ended and the question being put that Bill 13 be now read a second time, it was resolved in the affirmative. December 12 Journal of Assembly 89

Accordingly, Bill 13, An Act Respecting Mental Health and Public Health Services, was read a second time and ordered referred to the Committee of the Whole House.

The following Bill was read a second time and ordered referred to the Committee of the Whole House: Bill 14, An Act to Amend the Mental Health Act.

The order being read for second reading of Bill 15, An Act to Amend An Act to Amend the Occupational Health and Safety Act, a debate arose thereon. And the debate being ended and the question being put that Bill 15 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 15, An Act to Amend An Act to Amend the Occupational Health and Safety Act, was read a second time and ordered referred to the Committee of the Whole House.

The order being read for second reading of Bill 16, An Act to Amend the Provincial Court Act, a debate arose thereon. And the debate being ended and the question being put that Bill 16 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 16, An Act to Amend the Provincial Court Act, was read a second time and ordered referred to the Committee of the Whole House.

The order being read for second reading of Bill 17, An Act to Amend the Crown Lands and Forests Act, a debate arose thereon. And after some time, the debate was, on motion of Hon. Mr. Ashfield, adjourned over.

The order being read for second reading of Bill 18, An Act to Amend the Fish and Wildlife Act, a debate arose thereon. And after some time, the debate was, on motion of Hon. Mr. Ashfield, adjourned over.

The following Bills were read a second time and ordered referred to the Committee of the Whole House: 90 52 - 53 Elizabeth II, 2003 - 2004 December 12

Bill 19, An Act to Amend the Order of New Brunswick Act. Bill 20, An Act Respecting Administrative Matters in Various Corporate Acts.

The order being read for second reading of Bill 21, An Act to Amend the Family Services Act, a debate arose thereon. And the debate being ended and the question being put that Bill 21 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 21, An Act to Amend the Family Services Act, was read a second time and ordered referred to the Committee of the Whole House.

And then, at 4.35 o’clock p.m., the House adjourned. December 16 Journal of Assembly 91

Tuesday, December 16, 2003. 1 o’clock p.m. Prayers. Mr. Speaker delivered the following ruling: STATEMENT BY SPEAKER Before beginning with proceedings of the day, I would like to address two points of order raised Friday last with regard to comments made during statements by members. The first point of order was raised by the member for Fredericton- Fort Nashwaak. In seeking clarification on the guidelines for making members’ statements, the member stated it was his understanding that rulings of this House and other jurisdictions made it clear that members’ statements were not to be used for personal attacks against other members. The Standing Rules provide little, if any, guidance to members for making Members’ Statements. Guidelines for members’ statements have been established by practices and precedents of this House. I refer members to a relevant ruling made by former Speaker Branch given in this House on April 18, 1989, and I quote from pages 833-834 of the Journal of Debates (Hansard): Standing Rule 40 .1 gives Members of the Legislative Assembly an opportunity to make statements about any subject of interest or concern. These statements are made daily in a 10-minute period following Statements by Ministers. Each statement is limited to 90 seconds. Although the Standing Rules give little guidance concerning the content of these brief speeches, the Chair has counseled that remarks should be directed to matters of concern; that personal attacks or congratulations are not appropriate. The Speaker may rule out of order any such personal attacks, attempts to move motions by unanimous consent, congratulatory messages, recitations of poetry or clearly frivolous issues. The decision is consistent with the practice in other jurisdictions and lays down the guidelines for making Members’ Statements. Members’ Statements allow members to put on the public record issues of concern to them or their constituencies. Members’ Statements are not to be used for making personal attacks against other members. 92 52 - 53 Elizabeth II, 2003 - 2004 December 16

In reviewing the transcripts of Members’ Statements for last Friday, it is clear that the guidelines, set down in 1989 and followed by successive Speakers, have not been respected. The Chair seeks the cooperation of all honourable members in abiding by these guidelines. It is my intention to be more forceful in the future to ensure that they are respected. I would now like to deal with the second point of order raised by the Member for Fredericton-Fort Nashwaak. In speaking to his point of order, the member for Fredericton-Fort Nashwaak took exception to an allegation made by the member for Oromocto-Gagetown that a member of this House was in conflict of interest. I have reviewed the transcript of the allegation in question and given that there is a reference immediately following to the member for York and given earlier statements made on the day in question, the clear inference is that the conflict of interest allegation was against the member for York. The fact that this allegation was made during the debate on second reading of Bill 9 demonstrates the liberties that members have taken in debates in this House. More importantly, members are aware, I am sure, that there are mechanisms in legislation for dealing with conflict of interest matters. Members should take special care not to refer to such matters in the House. While I am on my feet, I would also like to address the question of personal privilege raised Friday last by the member for Nepisiguit in response to a Member’s Statement made by the member for Kent South. In speaking on the matter, which I find is more appropriately dealt with as a point of order, the member for Nepisiguit cited Standing Rule 49 and claimed that the member for Kent South had implied that the member for Nepisiguit was part of a protest in Saint Sauveur in 1997. However, in response, the member for Kent South maintained that he did not in any way imply that the member for Nepisiguit was part of the government during the period the protest took place. I have reviewed the member’s statement and it is not entirely clear to me that there has been a transgression of Standing Rule 49 which requires the Speaker to call to order a member who imputes false or unavowed motives to another member. Needless to say, this issue would not have arisen if the period reserved for Member’s Statements had been used for the purpose for which it was intended. December 16 Journal of Assembly 93

I would like to put all members on notice that I will be paying particular attention to this item of business and will call to order members who persist in ignoring the guidelines that have been established by precedents of this House and which will be enforced strictly in future. I thank you for your attention and for your anticipated cooperation.

Immediately following the ruling delivered by Mr. Speaker, the Members for Oromocto-Gagetown and Kent South offered apologies if their remarks on the previous sitting day had offended other Members.

During introduction of Guests and Congratulatory Messages, Mr. Ouellette welcomed to the Assembly Mr. Andy Savoy, a Liberal Party Member of Parliament for Tobique-Mactaquac.

Ms. Weir rose on a point of order and requested that Mr. Speaker inquire whether any of the protesters outside of the Legislature had been unfairly denied access to the gallery. Mr. Speaker stated he would take the matter under advisement.

Mr. Boudreau, the Member for Campbellton, laid upon the table of the House a petition on behalf of students and teachers in the Community Academic Services Program who request that permanent premises be provided to ensure a healthy learning environment, or that students be reintegrated into the Campbellton NBCC campus, for the following reasons: overlapping middle, high school and college courses; day care services; availability of required courses; access to cafeteria, library, maintenance and Internet; excellent learning environment; feeling of belonging; ease of transportation; and respect of student status. (Petition 15)

Mr. Boudreau, the Member for Campbellton, laid upon the table of the House a petition on behalf of teachers in the Community Academic Services Programs in New Brunswick, who state that literacy should be the responsibility of a single department; that Literacy New Brunswick Inc. be eliminated; and who request new facilities for the Community Academic Services Program and the following: pay equity; benefits; better terms of salary payment; appropriate working conditions; and infrastructure that promotes learning and adult development. (Petition 16) 94 52 - 53 Elizabeth II, 2003 - 2004 December 16

The following Bills were introduced and read a first time: By Mr. S. Graham, Bill 25, An Act to Amend the Legislative Assembly Act. By Ms. Weir, Bill 26, An Act to Amend the Regional Health Authorities Act. Ordered that the said Bills be read a second time at the next sitting.

Hon. Mr. Volpé, Minister of Finance, delivered to Mr. Speaker a Message from His Honour, the Lieutenant-Governor, and the said Message was read by Mr. Speaker, all the Members standing, and is as follows: Fredericton, N.B. December 16, 2003. His Honour the Lieutenant-Governor transmits the Supplementary Estimates 2002-2003 Volume II of the sums required for the services of the province, not otherwise provided for, for the year ending March 31, 2003, and the Supplementary Estimates 2003-2004 Volume I of the sums required for the services of the province, not otherwise provided for, for the year ending March 31, 2004, and in accordance with the provisions of the Constitution Act, 1867, recommends these Estimates to the House. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

Hon. Mr. Green moved, seconded by the Honourable the Premier: THAT the Message from His Honour the Lieutenant-Governor, together with the Supplementary Estimates 2002-2003 Volume II and Supplementary Estimates 2003-2004 Volume I accompanying the same, be referred to the Committee of Supply. And the question being put, it was resolved in the affirmative.

Hon. Mr. Volpé, Minister of Finance, delivered to Mr. Speaker a Message from His Honour the Lieutenant-Governor, and the said Message was read by Mr. Speaker, all the Members standing, and is as follows: December 16 Journal of Assembly 95

Fredericton, N.B. December 16, 2003. The Lieutenant-Governor transmits the Capital Estimates for the year ending March 31, 2005, required for the services of the province, not otherwise provided for, for the year ending March 31, 2005, and in accordance with the provisions of the Constitution Act, 1867, recommends these estimates to the House. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

Hon. Mr. Volpé laid upon the table of the House a document entitled Budget Paper, Accounting for Tangible Capital Assets.

Hon. Mr. Green announced that following second reading, if unanimous consent was granted to dispense with Private Members’ Motions, it was the intention of government to debate Motion 46, following which, the House would resolve itself into a Committee of Supply to consider the Supplementary Estimates 2002-2003 Volume II.

It was agreed by unanimous consent to vary the Orders of the Day and dispense with the two hours reserved for Private Members’ Motions.

The Order being read for second reading of Bill 22, An Act to Amend the Education Act, a debate arose thereon. And the debate being ended and the question being put that Bill 22 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 22, An Act to Amend the Education Act, was read a second time and ordered referred to the Committee of the Whole House.

The following Bill was read a second time and ordered referred to the Committee of the Whole House: Bill 23, An Act to Amend the Executive Council Act.

The Order being read for second reading of Bill 24, An Act to Amend the Human Rights Act, a debate arose thereon. 96 52 - 53 Elizabeth II, 2003 - 2004 December 16

And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And the debate being ended and the question being put that Bill 24 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 24, An Act to Amend the Human Rights Act, was read a second time and ordered referred to the Committee of the Whole House.

Pursuant to Notice of Motion 46, Hon. Mr. Volpé moved, seconded by Hon. Mr. Lord, THAT this House approves in general the capital budgetary policy of the government. And the question being put, Hon. Mr. Volpé proceeded to deliver the capital budget speech. And the debate being ended and the question being put, Motion 46 was carried.

Hon. Mr. Green, after requesting that the House revert to Government Motions for the Ordering of the Business of the House, announced that it was the intention of the government that the House resolve itself into a Committee of Supply to be granted to Her Majesty forthwith.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc, in the chair. And after some time spent therein, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports reported that the Committee proceeding in the matter under consideration, had passed the following resolution: RESOLVED, that the Supply be granted to Her Majesty. And he was directed to ask leave to sit again.

Mr. C. LeBlanc moved, seconded by Hon. Mr. Lord, THAT the House does concur with the Committee of Supply in its report and agrees in its resolution that Supply be granted to Her Majesty. December 16 Journal of Assembly 97

And the question being put, it was resolved in the affirmative.

Hon. Mr. Green, after requesting that Mr. Speaker revert to Government Motions for the Ordering of the Business of the House, moved, seconded by Hon. Mr. Lord, THAT consideration of Estimates in Committee of Supply be added to the Orders of the Day until such time as they are dispatched. And the question being put, it was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Hon. E. Robichaud rose on a point of order and submitted that the questions by the Leader of the Opposition were not related to the estimates under consideration. The Chairman reminded Members that wide latitude is granted to all Members posing questions in Committee of Supply. And after some further time, Hon. Mr. Lord rose on a point of order and submitted that the questions being asked of the Minister of Finance were repetitious and not relevant to the debate. The Chairman stated that traditionally during Committee of Supply there are no limits on the number of questions that can be asked nor the length of responses as long as the debate is relevant to the discussion and not repetitious. The Chairman cautioned Members to abide by these principles and ruled that there had been repetition and that the same question had been asked of the Minister on several occasions. And after some further time spent therein, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned. 98 52 - 53 Elizabeth II, 2003 - 2004 December 17

Wednesday, December 17, 2003. 10 o’clock a.m. Prayers. Hon. Mr. Lord offered condolences to the family of the late Right Honourable Robert L. Stanfield, P.C., Premier of Nova Scotia (1956- 1967), Leader of the Opposition in the House of Commons, and Leader of the Progressive Conservative Party of Canada (1967-1975).

Mr. S. Graham gave Notice of Motion 60 that on Tuesday, December 23, 2003, he would move the following resolution, seconded by Mr. Doucet: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports between the Departments of Finance, Office of the Premier, Office of the Comptroller and NB Power in regard to the currency exchange deal entered into jointly by the New Brunswick Government and NB Power to borrow $500 million in US funds in 2002.

Mr. S. Graham gave Notice of Motion 61 that on Tuesday, December 23, 2003, he would move the following resolution, seconded by Mr. Haché: WHEREAS a recent study commissioned by the Canadian Teachers Federation found that teachers in New Brunswick were spending an average of $420 of their own money annually to equip their classrooms and students; and WHEREAS in Reaching Higher, Going Further the Premier promised “New Brunswick will have more teachers and resources in the classrooms”; and WHEREAS in Reaching Higher, Going Further the Premier promised “New Brunswick will have even more funding directed to education, universities, and students”; and BE IT THEREFORE RESOLVED that the Legislative Assembly urge the Government to increase funds available to schools to purchase supplies for the classroom as requested by educators themselves; and BE IT FURTHER RESOLVED that this Legislative Assembly urge the Government to invest in adequate and appropriate computer technology. December 17 Journal of Assembly 99

Mr. Lamrock gave Notice of Motion 62 that on Tuesday, December 23, 2003, he would move the following resolution, seconded by Mr. Branch: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports pertaining to all Lease Agreements and all correspondence related to renovations and cost of all renovations done to the building where the Department of Family & Community Services is housed in their Campbellton Office - 157 Water Street, 7th floor.

Mr. Lamrock gave Notice of Motion 63 that on Tuesday, December 23, 2003, he would move the following resolution, seconded by Mr. Branch: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports pertaining to the trip for France scheduled for November 7th to 13th, 2003, including any invitations extended to potential participants by the province of New Brunswick.

Mr. Lamrock gave Notice of Motion 64 that on Tuesday, December 23, 2003, he would move the following resolution, seconded by Mr. Branch: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports with Transport Canada pertaining to your government’s priorities for Route 11, Route 17 and the third crossing to be constructed at the Canada - United States border at St. Stephen.

Hon. Mr. Volpé gave Notice of Motion 65 that on Tuesday, March 30, 2004, he would move the following resolution, seconded by Hon. Mr. Lord: THAT this House approves in general the budgetary policy of the government.

Hon. Mr. Green, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of Supply to consider the 100 52 - 53 Elizabeth II, 2003 - 2004 December 17

Capital Estimates of the Department of Transportation, following which, the Committee would resume consideration of the Supplementary Estimates.

The Order being read for second reading of Bill 25, An Act to Amend the Legislative Assembly Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, Mr. Speaker resumed the chair. Mr. MacIntyre rose on a point of order and requested that the Minister of Justice refrain from referring to him personally during debate. Mr. Speaker ruled that no member had been specifically referred to during debate. And after some time, Hon. Mr. Green moved the adjournment of the debate. And the question being put, the motion to adjourn the debate on second reading of Bill 25, An Act to Amend the Legislative Assembly Act, was carried in the affirmative on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc NAYS - 26 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Kennedy Mr. Foran Mr. MacIntyre Mr. Ouellette Mr. Albert Mr. Allaby Ms. Robichaud Mr. A. LeBlanc Mr. S. Graham Mr. Lamrock Mr. Paulin Mr. Haché Mr. Targett Mr. Doucet Mr. Armstrong Mr. Burke Mr. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch Mr. Kenny December 17 Journal of Assembly 101

The Order being read for second reading of Bill 26, An Act to Amend the Regional Health Authorities Act, a debate arose thereon. And after some time, Hon. E. Robichaud moved the adjournment of the debate. And the question being put, the motion to adjourn the debate on second reading of Bill 26, An Act to Amend the Regional Health Authorities Act, was carried in the affirmative on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc NAYS - 26 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Kennedy Mr. Foran Mr. MacIntyre Mr. Ouellette Mr. Albert Mr. Allaby Ms. Robichaud Mr. A. LeBlanc Mr. S. Graham Mr. Lamrock Mr. Paulin Mr. Haché Mr. Targett Mr. Doucet Mr. Armstrong Mr. Burke Mr. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch Mr. Kenny

At 12.36 o’clock p.m., Mr. Speaker left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. Mr. Speaker resumed the chair.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. And after some time, Mr. Malley welcomed to the House Mr. Louis- Philippe McGraw, former Progressive Conservative M.L.A. for Centre-Péninsule (1999-2003). 102 52 - 53 Elizabeth II, 2003 - 2004 December 17

And after some further time, Mr. C. LeBlanc took the chair. At 5.27 o’clock p.m., the Chairman declared a brief recess and left the chair. 5.33 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: SUPPLEMENTARY ESTIMATES, 2003-2004 VOLUME I ORDINARY ACCOUNT Voted DEPARTMENT OF ENERGY Resolved, That there be granted to Her Majesty a sum not exceeding $1,267,000 to defray the expenses of the following program: Energy Secretariat ...... 1,267,000 DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $48,000,000 to defray the expenses of the following programs: Public Health and Medical Services ...... 13,000,000 Institutional Services ...... 35,000,000 DEPARTMENT OF JUSTICE Resolved, That there be granted to Her Majesty a sum not exceeding $4,284,000 to defray the expenses of the following programs: Administration and Planning ...... 77,000 Attorney General ...... 489,000 Court Services ...... 2,873,000 Justice Services ...... 845,000 LEGISLATIVE ASSEMBLY Resolved, That there be granted to Her Majesty a sum not exceeding $5,634,000 to defray the expenses of the following programs: Office of the Chief Electoral Officer ...... 4,522,000 Supervisor of Political Financing ...... 1,112,000 December 17 Journal of Assembly 103

DEPARTMENT OF NATURAL RESOURCES Resolved, That there be granted to Her Majesty a sum not exceeding $5,333,000 to defray the expenses of the following programs: Forest Management ...... 4,100,000 Minerals Management ...... 2,500,000 Energy Secretariat ...... (1,267,000)

CAPITAL ACCOUNT DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $7,500,000 to defray the expenses of the following program: Health Care Renewal ...... 7,500,000

The said items were concurred in by the House.

And then, 6.10 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were laid upon the Table of the House, pursuant to Standing Rule 39: Documents requested in Notices of Motions 11, 57 December 16, 2003 104 52 - 53 Elizabeth II, 2003 - 2004 December 18

Thursday, December 18, 2003. 1 o’clock p.m. Prayers. Mr. Arseneault, Member for Dalhousie-Restigouche East, laid upon the table of the House a petition signed by residents of the Charlo area, requesting financial assistance to repair damage caused to their property by the storms of October 15 and November 12, 2003. (Petition 17)

Mr. Burke, Member for Fredericton North, laid upon the table of the House a petition signed by residents of Fredericton requesting that the government consider construction of the Westmorland Street Bridge north side off ramp as a number one priority. (Petition 18)

The following Bill was introduced and read a first time: By Hon. Mr. Volpé, Bill 27, Supplementary Appropriations Act 2003-2004 (1). Ordered that the said Bill be read a second time at the next sitting.

Mr. Foran gave Notice of Motion 66 that on Tuesday, December 30, 2003, he would move the following resolution, seconded by Mr. Murphy: WHEREAS the Moncton Police Force was dissolved and replaced by the RCMP in 1998; and WHEREAS a dispute remains over the pension funds for former members of the Moncton Police Force; BE IT THEREFORE RESOLVED that this Legislature urge the government to undertake an audit in order to determine the explicit or implicit agreement in place at the time of the transfer or at any time since regarding the calculation of pension amounts.

Mr. Kenny gave Notice of Motion 67 that on Tuesday, December 30, 2003, he would move the following resolution, seconded by Mr. Arseneault: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all projects submitted to all CEDAs and the Regional December 18 Journal of Assembly 105

Development Corporation under the community economic development fund since April 1, 2003, to December 18, 2003, and the value of each project.

Hon. Mr. Green announced that if unanimous consent was granted to set aside Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to consider the Capital Estimates of the Department of Health and Wellness, following which the House would resolve itself into Committee of the Whole to consider legislation; namely, Bills 8, 9, 10, 11 and 12; and, time permitting, the House would again resolve itself into a Committee of Supply to consider the Supplementary Estimates 2002-2003, Volume II.

It was agreed by unanimous consent to vary the Orders of the Day and dispense with the two hours reserved for Private Members’ Motions.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported:

CAPITAL ESTIMATES 2004-2005 Voted DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $30,473,000 to defray the expenses of the following programs: Public Hospitals - Capital Equipment ...... 13,723,000 Health Care Renewal ...... 16,750,000 The said items were concurred in by the House. 106 52 - 53 Elizabeth II, 2003 - 2004 December 18

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. Following consideration of Bill 9, An Act to Amend the Municipal Assistance Act, the Chairman put the question that he report the Bill as agreed to and the motion was carried on the following recorded division: YEAS - 26 Hon. Mrs. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. Mr. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlanc Hon. Ms. MacAlpine Hon. Mr. Alward NAYS - 23 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Ouellette Mr. Foran Mr. MacIntyre Ms. Robichaud Mr. Albert Mr. Allaby Mr. Lamrock Mr. A. LeBlanc Mr. S. Graham Mr. Targett Mr. Paulin Mr. Armstrong Mr. Burke Mr. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch Mr. Kenny And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Report, reported: That the Committee had directed him to report the following Bills as agreed to: Bill 9, An Act to Amend the Municipal Assistance Act. Bill 10, An Act Respecting the Real Property Tax on University Property. Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act. Bill 12, An Act to Amend the Tobacco Tax Act. And that the Committee had directed him to report the following Bill as amended: Bill 8, An Act to Amend the Employment Standards Act. And the Committee asked leave to make a further report. December 18 Journal of Assembly 107

Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6.14 o’clock p.m., the House adjourned. 108 52 - 53 Elizabeth II, 2003 - 2004 December 19

Friday, December 19, 2003. 10 o’clock a.m. Prayers. Mr. Speaker informed the House that, in accordance with Standing Rule 9, he had received notice of a question of privilege from the Member for Fundy Isles regarding comments made by the Minister of Finance during the previous day’s question period and of Mr. Allaby’s intention to move the following motion, seconded by Mr. Lamrock: THAT the charge against the Minister of Finance of making misleading statements in the House be referred to the Standing Committee on Privilege. Mr. Speaker advised the House that he would deal with the matter in two hours’ time, in accordance with the rules of the House.

Mr. S. Graham, the Member for Kent, laid upon the table of the House a petition signed by residents of New Brunswick requesting that all assets not be included as part of the Family and Community Services financial assessment to determine a subsidy for the cost of nursing home care for a loved one. (Petition 19)

Mr. Allaby, the Member for Fundy Isles, laid upon the table of the House a petition signed by residents of Deer Island urging the Minister of Family and Community Services to convert some apartment units in the Deer Island Seniors Complex into assisted living facilities. (Petition 20)

Mr. Allaby, the Member for Fundy Isles, laid upon the table of the House a petition signed by residents of Campobello urging the Minister of Tourism and Parks to complete the remaining nine holes of the Herring Cove Golf Course to create an important attraction and make Campobello an anchor of growth in the tourism sector of the economy. (Petition 21)

Hon. P. Robichaud laid upon the table of the House a document entitled “Trans Canada Highway Project, Request for Qualifications for the Design, Construction, Financing, Operation, Maintenance & Rehabilitation of a four-lane highway between Saint-Léonard and Longs Creek.” December 19 Journal of Assembly 109

Hon. Mr. Volpé laid upon the table of the House excerpts from chapter two of the Report of the Auditor General, 2001, entitled “Indicators of the Province’s Financial Condition” as well as a document entitled “Response to erroneous information about U.S. $500 Million bond issue.”

Mr. Lamrock gave Notice of Motion 68 that on Tuesday, December 30, 2003, he would move the following resolution, seconded by Mr. Murphy: WHEREAS the caseload for special needs students in the New Brunswick school system has nearly tripled in the past decade; and WHEREAS funding formulas for schools have not reflected this new demand; and WHEREAS schools are funded for teaching assistants based upon population but not the intensity of case loads in a given school; and WHEREAS teachers, teaching assistants, parents and children are suffering in some classrooms where there is too little help in classrooms and too many needs; BE IT RESOLVED that this House urge the Minister of Education to review the current mechanism for funding educational assistance for children with special needs to ensure that every child gets the help they need to succeed.

Mr. Lamrock gave Notice of Motion 69 that on Tuesday, December 30, 2003, he would move the following resolution, seconded by Mr. Boudreau: WHEREAS numerous international studies have shown a direct correlation between the presence of well-funded school libraries and children’s literacy skills; and WHEREAS the involvement of school librarians in preparing lesson plans, assisting teachers and advising students have raised the reading and writing test scores of students; and WHEREAS while the Quality Learning Agenda sets out the goal of giving students public library cards, it makes not one mention of improving the libraries in our schools; BE IT RESOLVED that this House urge the Minister of Education to develop an addendum to the Quality Learning Agenda establishing clear goals for the funding, holdings and staffing of school libraries. 110 52 - 53 Elizabeth II, 2003 - 2004 December 19

Mr. Lamrock gave Notice of Motion 70 that on Tuesday, December 30, 2003, he would move the following resolution, seconded by Mr. Burke: WHEREAS provincial Route 8 runs through residential Marysville on Bridge and Canada Streets; and WHEREAS the high frequency of truck-related accidents poses an ongoing threat to the lives and safety of the residents of Marysville; and WHEREAS the Minister of Transportation has pledged, in the 2004- 2005 Capital Estimates, to enter into discussions with the City of Fredericton to begin working towards the Marysville by-pass; BE IT RESOLVED that this House express its support for any efforts the Minister of Transportation may make to make the Marysville by- pass a reality, and urge the Minister of Transportation to take all reasonable steps to ensure that the Province is prepared to commit funds to the Marysville by-pass project in the 2005-2006 Capital Budget.

Hon. Mr. Green announced that following third reading, it was the intention of the government that the House proceed with the Royal Assent Ceremony.

The following Bill was read a third time and passed: Bill 8, An Act to Amend the Employment Standards Act.

Mr. Speaker having put the question that Bill 9, An Act to Amend the Municipal Assistance Act, be now read a third time, and a recorded vote having been requested, the motion for third reading was resolved in the affirmative on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc December 19 Journal of Assembly 111

NAYS - 24 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Ouellette Mr. Foran Mr. MacIntyre Ms. Robichaud Mr. Albert Mr. Allaby Mr. Lamrock Mr. A. LeBlanc Mr. S. Graham Mr. Targett Mr. Paulin Mr. Armstrong Mr. Burke Mr. Doucet Mr. Landry Mr. Murphy Mr. Boudreau Mr. Branch Mr. Kenny Mr. Brewer Accordingly, Bill 9, An Act to Amend the Municipal Assistance Act, was read a third time and passed.

The following Bills were read a third time: Bill 10, An Act Respecting the Real Property Tax on University Property. Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act. Bill 12, An Act to Amend the Tobacco Tax Act. Ordered that the said Bills do pass.

His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne. Mr. Speaker addressed His Honour as follows: May It Please Your Honour: The Legislative Assembly of the Province of New Brunswick has passed several Bills at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent. The Clerk Assistant then read the titles of the Bills as follows: Bill 8, An Act to Amend the Employment Standards Act. Bill 9, An Act to Amend the Municipal Assistance Act. Bill 10, An Act Respecting the Real Property Tax on University Property. Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act. Bill 12, An Act to Amend the Tobacco Tax Act. His Honour signified His Assent as follows: It is the Queen’s wish. La reine le veut. To these Bills, His Honour’s assent was announced by the Clerk Assistant of the Legislative Assembly in the following words: In Her Majesty’s name, His Honour the Lieutenant-Governor assents to these Bills, enacting the same and ordering them to be enrolled. 112 52 - 53 Elizabeth II, 2003 - 2004 December 19

His Honour then retired and Mr. Speaker resumed the chair.

Mr. Speaker delivered the following ruling with respect to a question of privilege raised earlier in the sitting by Mr. Allaby, the Member for Fundy Isles: STATEMENT BY SPEAKER I am prepared to give my decision. I have reviewed the transcript of yesterday’s question period. I have considered and listened to the explanations from both the Member and the Minister opposite. This matter does involve a disagreement between two members as to the facts. Similar questions of privilege relating to allegedly inaccurate and misleading responses in question period have been raised many times in this Assembly. Notwithstanding the ruling of Speaker Milliken, decisions of previous Speakers, in this House and in other jurisdictions, are consistent. I believe they are similar to one I rendered a year or two ago. In short, there is a debate in the Assembly over a question of whether something is a fact. This cannot be ascertained by the Speaker, and it does not constitute a question of privilege. I therefore find that the member for Fundy Isles has not established a prima facie case of privilege.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 1 o’clock p.m., to resume sitting at 1.30 o’clock p.m., and to continue until 5 o’clock p.m. Hon. Mr. Green announced that following second reading, and with the unanimous consent of the House, it was the intention of the government that the House debate Motion 71, following which, the House would resolve itself into a Committee of Supply to consider the Capital Estimates of the Departments of Education and Supply and Services, and to resume consideration of the Supplementary Estimates 2002-2003, Volume II, following which, the House would resume debate on the proposed amendment to Motion 48.

The following Bill was read a second time and ordered referred to the Committee of the Whole House: Bill 27, Supplementary Appropriations Act 2003-2004 (1). December 19 Journal of Assembly 113

With leave of the House, Hon. Mr. Volpé moved the following resolution, seconded by Hon. Mr. Lord: (Motion 71) WHEREAS the government of New Brunswick entered into the Comprehensive Integrated Tax Coordination Agreement with the government of Canada to harmonize the federal goods and services tax and the provincial sales tax on October 18, 1996; WHEREAS the provincial Harmonized Sales Tax Act came into force on April 1, 1997; WHEREAS the Lieutenant-Governor in Council authorized the Minister of Finance to enter into an agreement to amend the Comprehensive Integrated Tax Coordination Agreement on September 4, 2003; AND WHEREAS subsection 2(3) of the Harmonized Sales Tax Act requires the Minister of Finance to introduce for the consideration of the Legislative Assembly a resolution respecting the change or the agreement under subsection 2(2) within 10 days after its proposal or execution if the Legislative Assembly is sitting, or, if the Legislative Assembly is not then sitting, within 10 days after it next sits; BE IT RESOLVED that the Legislative Assembly ratify and confirm the agreement to amend the Comprehensive Integrated Tax Coordination Agreement entered into between the province of New Brunswick and the government of Canada, and the provinces of Newfoundland and Labrador and Nova Scotia, pursuant to subsection 2(2) of the Harmonized Sales Tax Act. And the question being put, it was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 1.15 o’clock p.m., the Chairman left the chair to resume again at 1.45 o’clock p.m. 1.47 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Holder took the chair. And after some further time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. 114 52 - 53 Elizabeth II, 2003 - 2004 December 19

Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: SUPPLEMENTARY ESTIMATES, 2002-2003 VOLUME II Voted ORDINARY ACCOUNT BUSINESS NEW BRUNSWICK Resolved, That there be granted to Her Majesty a sum not exceeding $0.00 to defray the expenses of the following program: Business and Industry Development ...... 0.00 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following programs: Employee Benefit Plans ...... 10,370,611.54 Legislated Pension Plans and Benefit Accruals and Subsidies ...... 18,427,471.35 Provision for Losses ...... 2,615,583.73 DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $19,544,683.25 to defray the expenses of the following programs: Public Health and Medical Services ...... 7,861,126.09 Institutional Services ...... 11,683,557.16 DEPARTMENT OF JUSTICE Resolved, That there be granted to Her Majesty a sum not exceeding $1,203,169.04 to defray the expenses of the following program: Court Services ...... 1,203,169.04 LEGISLATIVE ASSEMBLY Resolved, That there be granted to Her Majesty a sum not exceeding $169,663.80 to defray the expenses of the following program: Office of the Chief Electoral Officer ...... 169,663.80 MARITIME PROVINCES HIGHER EDUCATION COMMISSION Resolved, That there be granted to Her Majesty a sum not exceeding $1,449,830.00 to defray the expenses of the following programs: Administration ...... 24,591.00 Assistance to Universities...... 1,425,239.00 DEPARTMENT OF NATURAL RESOURCES AND ENERGY Resolved, That there be granted to Her Majesty a sum not exceeding $795,518.34 to defray the expenses of the following program: Energy Secretariat ...... 795,518.34 December 19 Journal of Assembly 115

DEPARTMENT OF PUBLIC SAFETY Resolved, That there be granted to Her Majesty a sum not exceeding $645,872.05 to defray the expenses of the following program: Safety Services ...... 645,872.05 DEPARTMENT OF SUPPLY AND SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $1,406,182.23 to defray the expenses of the following program: Buildings Group ...... 1,406,182.23 DEPARTMENT OF TOURISM AND PARKS Resolved, That there be granted to Her Majesty a sum not exceeding $1,371,750.52 to defray the expenses of the following programs: Administration ...... 180,401.27 Business and Tourism Infrastructure ...... 1,191,349.25 DEPARTMENT OF TRANSPORTATION Resolved, That there be granted to Her Majesty a sum not exceeding $8,841,146.04 to defray the expenses of the following program: Winter Maintenance ...... 8,841,146.04 CAPITAL ACCOUNT DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $1,796,613.84 to defray the expenses of the following program: Public Hospitals - Capital Equipment ...... 1,796,613.84 DEPARTMENT OF NATURAL RESOURCES AND ENERGY Resolved, That there be granted to Her Majesty a sum not exceeding $(800,000.00) to defray the expenses of the following program: Capital Improvements ...... (800,000.00) The said items were concurred in by the House.

Debate resumed on the adjourned debate on the proposed amendment to Motion 48, moved by Mr. Lamrock, seconded by Mr. Targett, as follows: AMENDMENT THAT this Motion be amended by adding the following phrase after the word “Procedure”: “, except for any and all recommendations amending Standing Rule 81,”. And the question being put, the amendment was carried. Mr. Speaker put the question on Motion 48 moved by Hon. Mr. Green, seconded by Hon. P. Robichaud, as amended as follows: 116 52 - 53 Elizabeth II, 2003 - 2004 December 19

THAT the recommendations contained in the First Report of the Standing Committee on Procedure, except for any and all recommendations amending Standing Rule 81, be concurred in by the House. And the question being put, Motion 48 as amended was carried.

With leave of the House, Hon. Mr. Green moved the following resolution, seconded by Mr. Lamrock: (Motion 72) BE IT RESOLVED that the Legislative Assembly acknowledge and confirm the agreement entered into between the Government and the Official Opposition as hereto set forth: The Government and the Official Opposition agree that each shall provide the name of a Member of their respective caucus for the purpose of their entering into a pairing agreement to indicate that they will not take part in any recorded division held during any and all proceedings of the Committees of the Whole House during the life of the Fifty-fifth Legislative Assembly. And the question being put, a debate ensued. And the debate being ended and the question being put, it was resolved in the affirmative.

And then, 5.10 o’clock p.m., the House adjourned. March 30 Journal of Assembly 117

Tuesday, March 30, 2004. 1 o’clock p.m. Prayers. It was agreed by unanimous consent that the House recess until 2.30 o’clock p.m. Accordingly, Mr. Speaker declared a recess at 1.04 o’clock p.m. 2.30 o’clock p.m. Mr. Speaker resumed the chair. Hon. Mr. Volpé, Minister of Finance, delivered to Mr. Speaker a Message from His Honour the Lieutenant-Governor, and the said Message was read by Mr. Speaker, all the Members standing, and is as follows: March 30, 2004. His Honour the Lieutenant-Governor transmits the Main Estimates for the fiscal year ending March 31, 2005, which include the estimates of the sums required for the services of the Province, not otherwise provided for, for the year ending March 31, 2005, and in accordance with the provisions of the Constitution Act, 1867, recommends these Estimates to the House. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

With leave of the House, Hon. Mr. Volpé laid upon the table of the House a document entitled Government of New Brunswick Workforce Profile.

On motion of Hon. Mr. Volpé, seconded by Hon. Mr. Lord, RESOLVED, that the portion of the Speech of His Honour the Lieutenant-Governor which refers to the Public Accounts, Estimates and Expenditures be referred to the Committee of Supply.

Pursuant to Notice of Motion 65, Hon. Mr. Volpé moved, seconded by Hon. Mr. Lord: THAT this House approves in general the budgetary policy of the government. And the question being put, Hon. Mr. Volpé proceeded to deliver the Budget Speech. 118 52 - 53 Elizabeth II, 2003 - 2004 March 30

On motion of Mr. S. Graham, the further consideration thereof was adjourned over.

Mr. Speaker, at the request of Hon. Mr. Green, reverted to Government Motions for the Ordering of the Business of the House. On motion of Hon. Mr. Green, seconded by Hon. Mr. Lord, RESOLVED, that consideration of the motion on the budgetary policy of the government be resumed on Thursday next and then added to the Orders of the Day until such time as it is dispatched.

And then, 3.56 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were deemed laid upon the tabled of the House, pursuant to Standing Rule 39:

Annual Report, Office of the Chief Coroner 2002-2003 December 19, 2003 Annual Report, Public Safety Inspection Services 2002-2003 December 22, 2003 Annual Report, Office of the Ombudsman 2002-2003 December 23, 2003 Annual Report, Provincial Holdings Ltd. for the year ending March 31, 2003 December 29, 2003 Annual Report, Regional Development Corporation 2002-2003 January 5, 2004 Annual Listing of Program Expenditures for the year ending 31 March 2003 - Regional Development Corporation January 5, 2004 Public Accounts for the fiscal year ended 31 March 2003 - Volume 1 January 5, 2004 Public Accounts for the fiscal year ended 31 March 2003 - Volume 2 - Supplementary Information January 5, 2004 Public Accounts for the fiscal year ended 31 March 2003 - Volume 5 - Salary Listings of Organizations January 5, 2004 Annual Report, Department of Health and Wellness 2002-2003 January 7, 2004 March 30 Journal of Assembly 119

Annual Report, Department of Education 2002-2003 January 7, 2004 Annual Report, Department of Agriculture, Fisheries and Aquaculture 2002-2003 January 8, 2004 Annual Report, Department of Family and Community Services 2002-2003 January 8, 2004 Annual Report, Maritime Provinces Higher Education Commission 2002-2003 January 14, 2004 Annual Report, New Brunswick Police Commission January 15, 2004 Annual Report, Department of Justice (Credit Unions) 2002 January 27, 2004 Annual Report, Department of Environment and Local Government February 4, 2004 A Report on Air Quality Monitoring Results in New Brunswick for the year 2002 February 4, 2004 Public Accounts for the fiscal year ended 31 March 2003 - Volume 3 - Financial Statements of Crown Corporations, Boards, Commissions February 9, 2004 Public Accounts for the fiscal year ended 31 March 2003 - Volume 4 Trust Funds February 9, 2004 Annual Report, Department of Justice (Co-operatives) 2002 February 10, 2004 Report of the Auditor General of New Brunswick Volume 2 - 2003 February 18, 2004 Annual Report, Department of Justice (Insurance) 2002-2003 February 18, 2004 The Council of Atlantic Premiers Report for 2001-2003 February 18, 2004 New Brunswick Advisory Council on the Status of Women Annual Report 2002-2003 February 19, 2004 Strategies for Faculty Renewal in the Maritimes - October 2003 February 23, 2003 Annual Report, Vital Statistics 2002 March 11, 2004 Report Card on the Status of Women in New Brunswick 2004 March 11, 2004 Annual Report, Department of Justice and Attorney General 2002-2003 March 15, 2004 120 52 - 53 Elizabeth II, 2003 - 2004 March 31

Wednesday, March 31, 2004. 10 o’clock a.m. Prayers. The Honourable the Premier paid tribute to the memory of PC Member Wilfred Bishop, a former Minister of Transportation, Minister of Natural Resources, and President of the Executive Council. The late Mr. Bishop represented Queens County (1952-1974) and the constituency of Queens North (1974-1987) and was the longest serving Member of the Legislative Assembly. The Premier acknowledged the contribution of the late Harrison McCain to New Brunswick and to the international world of business through his establishment and promotion of McCain Foods Ltd. The Leader of the Opposition joined with the Premier in this regard. Hon. Mr. Fitch paid tribute to the memory of the late Dan Skaling, the Chairman of NB Power, a long serving provincial and federal public servant, and a businessman.

Mr. Speaker introduced the pages for the session: Melissa MacKinley, Miramichi; who will serve as Head Page; Eric Moffatt, Fredericton; Sarah Murphy, Rothesay; Jessie Davis, Guelph, Ontario; Pamela Iezzi, Fredericton; Ann Lockhart, Bath; Krisjana Buck, Alma; Cynthia Jenkins, New Maryland; Sarah Monnon, Smithers, British Columbia; Colin Carruthers, Moncton; Rebecca Clark, Harvey; Alexandra Pope, Douglas; Kelly Farish, Kingston, Ontario; Courtney Bavis, Fredericton; and Jean-Paul Blanchard, St. Stephen.

Mr. Speaker briefed Members on recent changes adopted to the Standing Rules affecting condolences and messages of sympathy, introduction of guests, congratulatory messages and question period.

Mr. Foran laid upon the table of the House a petition signed by youth of the Miramichi area who express concern that the Miramichi Youth House may close because of a lack of funding and urge the government to do all in its power to keep funds coming for this purpose. (Petition 22)

During Statements by Members, Mr. Speaker cautioned that this item of business is not to be used to make personal attacks on Members. March 31 Journal of Assembly 121

At the request of Mr. S. Graham, it was agreed by unanimous consent to extend the period allocated for Oral Questions by fifteen minutes..

The following Bills were introduced and read a first time: By Hon. Mr. Green, Bill 28, An Act to Amend the Municipal Elections Act. By Hon. E. Robichaud, Bill 29, An Act to Amend the Mental Health Act. Bill 30, An Act to Amend the Medical Services Payment Act. By Hon. Ms. Blaney, Bill 31, An Act to Amend the Employment Standards Act. By Hon. Mr. Steeves, Bill 32, An Act to Amend the Custody and Detention of Young persons Act. By Hon. Ms. Fowlie, Bill 33, An Act to Amend the Clean Water Act. By Hon. Mr. Ashfield, Bill 34, An Act to Amend the Fish and Wildlife Act. By Hon. Mr. Mockler, Bill 35, An Act to Amend the Assessment Act. By Hon. Mr. Green, Bill 36, An Act to Repeal the Bulk Sales Act. It was agreed by unanimous consent to defer second reading of Bills until Friday, April 2, 2004.

Mr. Haché gave Notice of Motion 73 that on Tuesday, April 6, 2004, he would move the following resolution, seconded by Mr. Albert: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all documents concerning the mission to Chicago and Atlanta undertaken, from February 2 to 5, 2004, by Premier Lord, Premier Doer, and business people from the province, including the names of individuals who took part in the mission (business people, staff from the various government departments, political staff), correspondence, memos, letters, E-mails, reports, analyses, notices, recommendations, business plans, projects submitted, projects approved, offers, agreements, grants awarded, grants proposed, loans awarded, loans approved, details of expenditures incurred and paid 122 52 - 53 Elizabeth II, 2003 - 2004 March 31 by the province or by individuals (for each individual and for the mission in general), invoices, and invoices for limousine services, for the period from September 1, 2003, to March 16, 2004.

On motion of Hon. Mr. Green, seconded by Mr. Lamrock: RESOLVED, that when the House adjourns at the end of this sitting day, it shall stand adjourned until 2 o’clock p.m. tomorrow.

On motion of Hon. Mr. Green, seconded by Mr. Lamrock: RESOLVED that when the House adjourns on Friday, April 23, 2004, that it stand adjourned until Tuesday, May 4, 2004; and that when the House adjourns on Friday, May 28, 2004, it stand adjourned until June 8, 2004.

With leave of the House to dispense with notice, Hon. Mr. Green moved, seconded by Hon. P. Robichaud: (Motion 74) THAT pursuant to section 32.1 of the Legislative Assembly Act, the Legislative Assembly delegate to the Legislative Administration Committee its authority under the Act with respect to amounts, indemnities, allowances and salaries and with respect to the amendment of Schedule A. And the question being put, it was resolved in the affirmative.

And then, 12.14 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were deemed laid upon the tabled of the House, pursuant to Standing Rule 39: Annual Report, Workplace Health, Safety and Compensation Commission - 2003 March 29, 2004 Position Paper on Human Rights Renewal in the Province of New Brunswick March 30, 2004 The New Brunswick Economy 2004 March 30, 2004 Budget 2004-2005 - Living within our Means Focusing on Priorities March 30, 2004 Main Estimates 2004-2005 March 30, 2004 April 1 Journal of Assembly 123

Thursday, April 1, 2004. 2 o’clock p.m. Prayers. The Order of the Day for resuming the adjourned debate on the motion (Motion 65), THAT this House approves in general the budgetary policy of the government, having been read, The debate was resumed. And after some time, on motion of Hon. Ms. Dubé, the further consideration thereof was adjourned until Tuesday, April 6, 2004.

And then, 3 o’clock p.m., the House adjourned. 124 52 - 53 Elizabeth II, 2003 - 2004 April 2

Friday, April 2, 2004. 10 o’clock a.m. Prayers. Mr. Speaker informed the House that, in accordance with Standing Rule 9, he had received notice of a Question of Privilege from the Member for Fredericton-Fort Nashwaak regarding action taken by the Minister of Finance with respect to a number of job cuts and closures of government garages that had occurred since the Minister tabled the budget on Tuesday, March 30, and notice of Mr. Lamrock’s intention to move the following motion: THAT the charge against the Minister of Finance, for anticipating a decision of the House and therefore being in contempt, be referred to the Standing Committee on Privileges. Mr. Speaker advised the House that he would deal with the matter in two hours time, in accordance with the Rules of the House.

Ms. Weir rose on a Question of Privilege, in accordance with Standing Rule 9 regarding the leak of a draft report of the Select Committee on Public Automobile Insurance and gave notice of her intention to move the following motion: THAT the matter of the leaking of the draft report of the Select Committee on Public Automobile Insurance be referred to the Standing Committee on Privileges. Mr. Speaker advised the House that he would deal with the matter in two hours time, in accordance with the rules of the House.

Mr. Stiles, the Member for Petitcodiac, laid upon the table of the House a petition signed by citizens of Indian Mountain urging the government to consider the potential risks to the environment of the Northrup Group proposal of the construction and demolition debris disposal site on Route 126. (Petition 23)

Mr. Stiles, the Member for Petitcodiac, laid upon the table of the House a petition signed by citizens of Salisbury urging the government to resolve the existing traffic problems around the TransCanada Highway and Route 112 interchange. (Petition 24)

Hon. E. Robichaud, the Member for Tracadie-Sheila, laid upon the table of the House a petition signed by residents of Restigouche requesting that the government support the introduction of a public April 2 Journal of Assembly 125 non-profit automobile insurance system which would be nondiscriminatory, affordable, and reliable for everyone without exception. (Petition 25)

Mr. Paulin, the Member for Restigouche West, laid upon the table of the House a petition signed by residents of Restigouche requesting that the government introduce a public insurance system in New Brunswick. (Petition 26)

Ms. Weir from the Select Committee on Public Automobile Insurance, presented the Final Report of the Committee, which was read and is as follows: April 2, 2004. To the Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: Your Select Committee on Public Automobile Insurance has the honour to present its Final Report and commends it to the House. Your Committee was appointed during the First Session of the Fifty- fifth Legislative Assembly by resolution of the House adopted August 5, 2003. The report is the result of the Committee’s public consultation and deliberations to explore the most suitable form of a public insurance system for New Brunswick should the province conclude that a public system is required. Your Committee wishes to thank the many individuals and organizations who appeared before the Committee at the public hearings or submitted written briefs. As well, the Committee wishes to thank everyone who attended the hearings and took part in this important process. Respectfully submitted, (Sgd:) Elizabeth Weir, Chair Ordered that the report be received. The full report of the Committee as presented is as follows: Executive Summary The Select Committee on Public Automobile Insurance was asked to look at the various public automobile insurance systems in Canada and identify the most suitable model of public automobile insurance to ensure fair, accessible and affordable automobile insurance for all New Brunswickers, in the event a decision is made to move to a public system. 126 52 - 53 Elizabeth II, 2003 - 2004 April 2

As a result of its research and deliberations, the Committee has developed a unique public automobile insurance model appropriate to the needs of New Brunswickers. This report outlines the key elements of the model as well as the start-up costs, impact on provincial finances and the legal, trade and economic implications of putting in place the proposed model. The made-in-New Brunswick model provides a comprehensive and high level of no-fault automobile insurance at an affordable rate to all New Brunswickers. Every licenced driver has access to mandatory automobile insurance coverage at a fair price and may choose to augment that coverage if desired. Basic mandatory insurance policy includes full no-fault, also known as personal injury protection plan, benefits and $200,000 third-party liability coverage. Under the no-fault model, all New Brunswickers injured in traffic accidents will be entitled to full medical and rehabilitation treatment, income replacement and other benefits depending on the severity of their injuries. Financial compensation for pain and suffering is eliminated under the model. Fault is determined for every traffic accident and at-fault drivers pay higher premiums under the model. Optional insurance for vehicle damage (collision, theft and comprehensive) will be similar to coverages sold now; consumers can choose to purchase optional coverage, including the specific kind of coverage and deductible level for their individual vehicles. To reduce premiums and ensure that coverage is universally available, all consumers will purchase both mandatory and optional vehicle damage coverages exclusively from the Crown corporation through their licenced community brokers and agents. New Brunswick consumers will have the choice of buying additional third-party liability coverage and higher income replacement benefits from a private insurance company or the Crown corporation. In the proposed model, vehicle registration and mandatory insurance are purchased together from a licenced private insurance broker or agent. Licence plates must be returned when an automobile insurance policy is cancelled. Private sector insurance brokers and agents will play a pivotal role in the proposed public model. Brokers and agents will be the exclusive distributors of the public automobile insurance product in New Brunswick and will receive a 7 per cent commission for their services. The cost of insurance will be based on the personal driving record of the registered owner, vehicle usage, vehicle make and model and any extra coverage purchased beyond the mandatory coverage. Age, April 2 Journal of Assembly 127 gender, marital status, where one lives, payment history and any lapses in insurance are not to be taken into account when the cost of insurance is determined. The proposed model includes discounts for safe drivers — 4 per cent per year of safe driving to a maximum of 40 per cent off the price of insurance — and sharply increasing penalties to risky drivers. The financial consequences of accidents and traffic offences are easily understood, predictable and reasonable. Under the made-in-New Brunswick model, premium consequences of an at-fault accident follow the at-fault driver, not the vehicle. The average premium is estimated at $993 under the made-in-New Brunswick model; today’s average premium is $1,212. The estimated average premium for drivers with 10 years safe driving under the proposed model is $834. Some drivers will pay more and some will pay less than the average depending on their individual driving record, vehicle model and usage and coverage level. Risky drivers will pay considerably more and criminal-driving offences will be harshly penalized. All rates are to be subject to the approval of the New Brunswick Board of Commissioners of Public Utilities. The proposed Crown corporation will be a not-for-profit public entity that will operate at arm’s length from the provincial government. The proposed legislation will establish the insurance program, including product characteristics and benefits. It will clearly establish that the financial sustainability of the Crown corporation is the responsibility of automobile insurance ratepayers and not taxpayers. The Crown corporation will pay premium tax, health services levy and HST. It is estimated that the Crown corporation will employ up to 800 individuals at its headquarters and five regional claim centres. The Crown corporation will look to hire, wherever possible and appropriate, experienced and certified insurance professionals presently involved in the insurance industry in New Brunswick. The costs of the New Brunswick model are fully explained in this report, including start-up, capital and pre-operating costs. Financing of the total start-up, capital and pre-operating costs of $82 million will be provided to the Crown corporation by the provincial govern- ment at the beginning of Year 1. The loan will be repaid in full with interest, at the beginning of Year 2 when written premiums are converted from private insurance companies to the public automo- bile insurance Crown corporation. To ensure transparency and accountability, the Crown corporation will appear before the Standing Committee on Crown Corporations 128 52 - 53 Elizabeth II, 2003 - 2004 April 2 of the Legislative Assembly of New Brunswick and will distribute audited financial statements and an annual report at a general public meeting to be held each year. The Committee undertook an initial assessment of the trade implications associated with the introduction of a public automobile insurance corporation in New Brunswick in light of Canada’s obligations under the North American Free Trade Agreement (NAFTA) and the World Trade Organization’s General Agreement on Trade in Services (GATS). The Committee found that while the NAFTA and the GATS do not expressly prohibit New Brunswick from establishing and maintaining a public automobile insurance regime, they do contain rules that would apply to the creation of a Crown corporation and its activities. The Committee is confident that the model could be implemented in a manner that conforms to Canada’s international trade obligations and recommends that the Government of New Brunswick work closely with federal officials, should it decide to proceed. The implementation of the proposed public automobile insurance model is estimated to have a net positive impact on the provincial economy. The initial displacement of 1,134 people working in New Brunswick’s private sector insurance industry will be partially offset by the creation of 800 new automobile insurance jobs at the Crown corporation. Net gains of 1,024 person years in Year 1 and 275 person years in Year 2 in provincial employment are anticipated. The projected gains to the provincial economy in Year 1 (pre-operating) are primarily related to hiring by the Crown corporation and increased capital expenditures as the corporate office and regional claim centres are built. The projected gains in Year 2 (operational phase) are due to the increased spending in the provincial economy triggered by the projected $103 million reduction in automobile insurance premiums in the province. The implementation of the proposed model will result in a small increase overall to provincial revenues estimated at $3.5 million per year. The Province will continue to receive premium tax of 3 per cent, the health services levy and the provincial portion of the HST under the proposed public model. Based on the experience of other jurisdictions, the implementation of the made-in-New Brunswick model is not expected to have a significant impact on physiotherapists, medical practitioners or those involved in the automobile-repair industry. However, the introduction of a no-fault model will negatively impact the legal community in New Brunswick as persons injured in a traffic accident April 2 Journal of Assembly 129 no longer sue to receive benefits. Brokers and agents will continue to play a key role in the proposed model. The costing of the model includes resources to remunerate brokers, agents and insurers for the additional transaction costs involved in the transition from private to public automobile insurance. A summary of recommendations is provided in this report. Introduction The Select Committee on Public Automobile Insurance was appointed by resolution of the House, adopted August 5, 2003. The Committee was asked to recommend a public automobile insurance system that is fair, affordable and accessible to all New Brunswick drivers. The first meeting of the Committee was held in the Legislative Council Chamber on August 7, 2003. On motion of Mr. Claude Williams, Ms. Elizabeth Weir was elected chair of the Committee and on motion of Mr. John Betts, Mr. Wally Stiles was elected vice-chair of the Committee. The members of the Committee are: Ms. Elizabeth Weir (chair), Mr. Wally Stiles (vice-chair), Mr. Cy (Richard) LeBlanc, Mr. , Mr. Kirk MacDonald, Mr. Claude Williams, Mr. John Betts, Mr. Michael Malley, Mr. T.J. Burke, Mr. Roland Haché, Mr. Rick Doucet and Mr. Bernard Richard. The membership of the Select Committee was amended by substituting the name of Mr. Kelly Lamrock for Mr. Bernard Richard. Mandate of the Select Committee on Public Automobile Insurance The Committee was asked to look at the various public automobile insurance systems in Canada and identify the most suitable model of public automobile insurance to ensure fair, accessible and affordable automobile insurance for all New Brunswickers, in the event a decision is made to move to a public system. The Committee was asked to make recommendations on key elements of the proposed model for public automobile insurance in New Brunswick, elements such as: • the type of system: tort, full no-fault or partial no-fault, choice or hybrid; • the types of coverages and benefits that should be offered; • a proper risk-rating system for establishing premiums; • the method of selling and distributing insurance (such as the private sector and government); • the types of insurers allowed to operate in a public model (such as the private sector and government); • start-up costs for establishing the proposed model and fixed and recurring costs; and • the impact on provincial finances. 130 52 - 53 Elizabeth II, 2003 - 2004 April 2

The Committee was asked to report on the legal, trade and economic implications of putting in place the proposed model. The Committee’s report also addresses the issue of interprovincial co- operation and a regional approach to public automobile insurance. A copy of the Motion appointing the Select Committee on Public Automobile Insurance and its mandate is provided in Appendix A. Methodology A discussion paper was made available to the public to provide some guidance on the key issues related to public automobile insurance. The paper describes the current public automobile insurance systems in Quebec, Manitoba, Saskatchewan and British Columbia. An explanation of the current privately operated automobile insurance system in New Brunswick was included in the discussion paper. The Committee held public hearings and one-on-one information sessions throughout New Brunswick during October and November 2003. The Committee also received comments from the public through written submissions, by e-mail and telephone. A summary of the input received during public consultations is included in Appendix F. Further, the Committee held in-camera technical briefings with senior officials from the four existing public automobile insurance corporations and with senior officials from relevant provincial government departments. The Committee engaged the professional services of specialists in insurance and business consulting, economic impact assessment and trade policy for objective and expert advice. The Executive Business Plan is in Appendix K, Sample Rates in Appendix L and the Economic Impact Assessment is in Appendix N. Overview of New Brunswick’s Current Automobile Insurance Industry Presently in New Brunswick, we have a privately run automobile insurance system that uses a tort or fault-based approach to resolving claims and compensating victims of automobile accidents. Consumers in New Brunswick typically buy their automobile insurance from an insurance company through a licenced agent or insurance broker. According to presentations from brokers and insurance companies to the Committee, automobile insurance accounts on average for 60 per cent of the total property and casualty insurance industry in New Brunswick. According to the Insurance Bureau of Canada, about 2,400 people were directly employed in the New Brunswick property and casualty insurance industry in 2002. Based on the 60 per cent average, about 1,440 person-years employment are directly associated with the provision of automobile insurance. The New Brunswick Department of April 2 Journal of Assembly 131

Justice, Insurance Branch, reports that there are 330 licenced agents and 291 licenced adjusters who are resident in the province. The Insurance Brokers Association of New Brunswick has 172 member brokerages, with about 939 employees located in 62 different communities. Independent brokers generally offer a variety of property and casualty insurance products, including automobile insurance, from a number of different companies and are paid a commission on the value of a policy sold. On average, New Brunswick brokers earn commissions on automobile insurance of: 12.5 per cent on regular market policies; 10 per cent on Facility Association policies; and 9 per cent on policies sold to drivers under 25 years of age.1 As reported by the New Brunswick Department of Justice in its Insur- ance Annual Report, 2002-2003, 80 different insurance companies were involved in the automobile insurance industry in New Brunswick in 2002. Total written premiums for automobile insurance for 2002 totalled $491,205,000, representing an increase of $84 million or 20 per cent from $407,167,000 in 2001. According to Canadian Underwriter, 46 insurance companies sold $482 million in direct written premiums in New Bruns- wick in 2002. No single company dominates the automobile insurance market in the province. Of the top 10 companies, as determined by the total dollar value of written premiums, market share levels ranged from 11 per cent to 4 per cent for 2002. Insurers writing automobile policies in New Brunswick include Canadian subsidiaries of large United States and Europe headquartered companies. A number of Canadian and New Brunswick companies and mutual insurance companies play a signifi- cant role in the current automobile insurance system. A Made-In-New Brunswick Approach The Select Committee received detailed presentations from senior executives from the four provincial public automobile insurance corporations presently operating in Canada. The different systems, benefit levels, rating mechanisms, distribution channels and costs were evaluated by the Committee in developing the best model for a public automobile insurance system for New Brunswick, in the event a decision is made to move to a public system. Considerations and Deliberations The Committee has the significant advantage of being able to draw on the considerable years of experience in public automobile insurance administration — under various systems — to help develop the best model for New Brunswick. In deliberating on the key elements and features of a made-in-New Brunswick model, the Committee closely considered these features of public automobile insurance systems across the country:

1 Source: Insurance Brokers Association of New Brunswick 132 52 - 53 Elizabeth II, 2003 - 2004 April 2

Premium levels are based largely on the driving record of the registered owner of the vehicle, vehicle make/model and use; Premium consequences of an at-fault accident follow the at-fault driver, not the vehicle; Automobile insurance is tied directly to vehicle registration; Individuals are assessed on their personal driving experience, not that of their peer group; Premium savings are achieved through lower administration costs and the not-for-profit mandate of a sole provider Crown corporation; and Introduction of no-fault automobile insurance systems in Saskatchewan and Manitoba in the early 1990s have been successful in providing improved access to medical, rehabilitation and income replacement benefits for all traffic injured as a first priority while also stabilizing rates. The result of these deliberations is a made-in-New Brunswick approach that incorporates key aspects of the Manitoba model, but with some modifications and unique features to better meet the needs of New Brunswickers. Objectives of the Model Based on the issues raised during the public consultation sessions, advice received and research undertaken, the Committee agreed on the following key objectives to be met by the made-in-New Brunswick model: Affordable: To provide a comprehensive and high level of coverage for all New Brunswickers at a price that is affordable. Accessible: To ensure that all New Brunswickers, regardless of their age, gender or where they live, have access to basic automobile insurance coverage at a fair price. Fair: To ensure that New Brunswickers are evaluated on their individual driving records and that the premium consequences for traffic offences and at-fault accidents are known, predictable and reasonable. To ensure that all New Brunswickers injured in traffic accidents receive the financial support, medical and rehabilitative treatment required to heal and return to active involvement in society. Stable: To provide a comprehensive and high level of coverage for all New Brunswickers at a price that is affordable both now and in the future. Flexible: To ensure New Brunswickers can choose to add to the basic automobile coverage from a variety of products and providers to meet their individual insurance needs. April 2 Journal of Assembly 133

Excellent Customer Service: To ensure that customers have access to their automobile insurance coverage at all times. Overview of the Model The made-in-New Brunswick model (see Table 1) is a no-fault public automobile insurance system. Under the no-fault model, all New Brunswickers injured in traffic accidents will be entitled to full medical and rehabilitation treatment, income replacement and other benefits depending on the severity of their injuries. Financial compensation for pain and suffering is eliminated under the model. Individuals no longer sue to get benefits. Fault is determined for every traffic accident. At-fault drivers pay higher premiums under the model. Under the made-in-New Brunswick model, injured people are compensated for the following: • Lost income • Medical costs that are not usually covered by New Brunswick’s health services, such as physiotherapy, chiropractic treatments, medication, prosthetics • Rehabilitation expenses to help injured people to return as close as possible to the pre-accident condition. These include physical and occupational therapy and employment retraining • Personal care expenses to cover costs of paying helpers to provide the injured with personal care, housekeeping, shopping and such essential services. These benefits can continue throughout the injured person’s life • Death, funeral benefits and grief counselling for spouses, common-law partners and dependents • Special expenses that include compensation for a person whose main occupation at the time of the injury was taking care of others without pay; who was working full time while caring for someone under the age of 16 or not employable; or who was working without pay in a family business. The benefit provides funds to hire someone to do the work the injured person can no longer do and includes travel expenses for medical purposes • Students are compensated for each term of the school year they can’t complete because of injury in an accident • Permanent impairment is a lump sum paid to an injured person (in addition to lifelong benefits described above) who has permanently reduced body function from an accident, such as paraplegia. In the proposed model, vehicle registration and mandatory insurance are purchased together from licenced private insurance brokers and agents in New Brunswick. Under the New Brunswick public automobile insurance model (hereinafter referred to as NBPI), licence plates must be returned when insurance is cancelled. 134 52 - 53 Elizabeth II, 2003 - 2004 April 2

yrammuSledoMkciwsnurBweN-nI-edaM:1elbaT

elibomotuA )kciwsnurBweNecivreShguorht(ecnecilrevirD ecnarusni ecnarusnidecnecilhguorht(ecnarusnidnanoitartsigerelciheV noitubirtsid )stnegadnasrekorb

noitartsigerelciheV ,noitartsigerfofoorpsietacifitrececnarusni/noitartsigeR ycilopecnarusni& cilbupehtmorfdesahcrup)s(egarevoclanoitpodnayrotadnam noitaroprocecnarusnielibomotua desahcrupsi)s(egarevoclanoitponehwdeussiycilopetarapeS srerusnietavirpmorf

smuimerprevirD srevirdksirrehgihotyltceriddessessaerasmuimerplanoitiddA

elcihevyrotadnaM ,cebeuQnistifenebotralimisstifenebyrujnitluaf-oneruP egarevoc eustonnacsnosrepderujni–nawehctaksaSdnaabotinaM ytreporpsrevoc–egarevocytilibailytrap-driht000,002$ ylidobdnaegamadytreporpdnakciwsnurBweNniegamad kciwsnurBweNedistuoyrujni

elcihevlanoitpO stifenebtnemecalperemocnifoslevelrehgiH egarevoc egarevocytilibailytrap-drihtlanoitiddA ,evisneherpmoc,tfeht,noisillocgnidulcniegamadelcihevnwO .cte

ybdlosegarevoC egarevocelcihevyrotadnaM ecnarusnicilbupeht stifenebtnemecalperemocnirehgih–stifenebyrujnilanoitiddA noitaroproc egarevocytilibailytrap-drihtlanoitiddA dnatfeht,noisillocgnidulcniegamadelcihevnwO evisneherpmoc

ybdlosegarevoC stifenebtnemecalperemocnirehgih–stifenebyrujnilanoitiddA srerusnietavirp egarevocytilibailytrap-drihtlanoitiddA

srotcafgnitar-ksiR gnivirdfosraey(sdrocergnivirdlaudividni’srekciwsnurBweN ecnarusnirof )secneffociffartdnastnediccatluaf-ta,ecneirepxe smuimerp egasuelciheV ledom/ekamelciheV desahcrupegarevoclanoitpO ybdevorppaecnarusnilanoitpodnayrotadnamrofsetarllA draobseitilitucilbup

gnitar-ksirdetibihorP sutatslatiramroredneg,egA ecnarusnirofsrotcaf yrotirreT smuimerp yrotsihtnemyapmuimerp’srenwoelciheV

muimerpegarevA ecirpteertss’yadotmorfesaercedlliwslevelmuimerpegarevA 2212,1$fo 2 egarevA.399$folevelmuimerpegarevanaot eblliwgnivirdefassraeyeromro01htiwsrevirdrofsmuimerp .eromyaplliwsrevirdyksiR.438$

2 KPMG LLP, July 28, 2003. Report on the Impact of Tort Reform on Private Passenger Automobile Insurance Rates in New Brunswick. April 2 Journal of Assembly 135

Mandatory insurance will include a no-fault, also known as personal injury protection, plan and $200,000 third-party liability coverage to cover damage to the property of New Brunswickers inadvertently affected by an accident. Optional insurance for vehicle damage (collision, theft and compre- hensive) will be similar to coverages sold now; consumers will decide if they wish to purchase optional coverage, including the specific kind of coverage and deductible level for their individual vehicles. To reduce premiums and ensure that coverage is universally available, all consumers will purchase both mandatory and optional vehicle damage coverage exclusively from NBPI through their licenced community brokers and agents. New Brunswick consumers will have the choice of buying additional third-party liability coverage (more than the mandatory $200,000) and higher income replacement benefits from a private insurance company or NBPI. Drivers’ licences will be processed through Service New Brunswick as they are now. Under the proposed model, fees for drivers’ licences are unchanged. New Brunswick drivers with safe driving records will receive discounts on their vehicle insurance. New Brunswick drivers whose bad driving record puts them in the penalty zone will also be charged an additional premium fee whether they own a vehicle or not. The amount will vary depending on their relative positions on the safe driving discount scale (see Figure 2). Insurance rates will be based on a New Brunswicker’s individual driv- ing record, vehicle usage, vehicle make/model and optional coverage purchased. Age, gender and marital status are prohibited rating factors. The Committee decided to use a single rating territory for the entire province for the introduction of the new plan; there is no variation in rates because of where you live. The Committee recommends that after five years, the NBPI claims experience be reviewed to see if it is appropriate to maintain a single territory. Basic Mandatory Coverage Levels All New Brunswickers injured in traffic accidents in the province or elsewhere will have equal access to no-fault benefits under the NBPI personal injury protection plan. However, fault will be determined for every traffic accident and recorded in the system as part of the at-fault driver’s driving record. An individual’s driving record is the primary factor in deter-mining premium levels under the made-in-New Brunswick model. 136 52 - 53 Elizabeth II, 2003 - 2004 April 2

The basic, or mandatory, coverage provides generous, personal injury protection plan coverage and $200,000 third-party liability coverage to protect the property of an innocent New Brunswick bystander. The personal injury protection plan includes: • high medical and rehabilitation benefits - to a maximum of $5 million for each New Brunswick resident injured in an automobile crash; • income replacement benefits to replace 90 per cent of the first $55,000 of net income earned, indexed and payable until age 70, if necessary; • high levels of death benefits and an impairment benefit for serious and permanent injuries, for example, $150,000 to $200,000 for quadriplegic injury in addition to life-long medical intervention and rehabilitation (see Figure 1). Figure 1 compares the minimum compulsory coverage levels under the current New Brunswick tort-based system and those proposed under the made-in-New Brunswick no-fault model. Under the made-in-New Brunswick model, all persons injured in a traffic accident, regardless of fault, are eligible for higher medical and rehabilitation, income replacement and death benefits depending on the seriousness of their injuries and individual income levels. Fault is not a factor in determining benefit entitlements. Under the current New Brunswick tort-based system, all persons injured in a traffic accident, regardless of fault, have access to the lower benefit levels listed in Figure 1 through their Accident or Section B benefits. Only those persons injured in an automobile accident and who are determined to be not at-fault can sue the at- fault driver for compensation for their full economic loss and pain and suffering (up to $2,500 minor injuries). Personal injury protection plan benefit levels included in the NBPI basic mandatory plan will be established through legislation and indexed to inflation. Below is a description of what is included as no- fault benefits or a personal injury protection plan. Under the proposed New Brunswick public automobile insurance plan, the priority is to provide support to New Brunswickers injured in traffic accidents in order to facilitate recovery and rehabilitation in a timely manner. Individuals will no longer have the right to sue for financial compensation or for general damages such as pain and suffering. April 2 Journal of Assembly 137

Figure 1: Comparison of Compulsory Minimum Insurance Coverages for Private Passsenger Vehicles: Current New Brunswick System and Made-in-New Brunswick Model

New Brunswick Made-in-New Brunswick Model

Compulsory $200,000 is available for any $200,000 is available for any one minimum third- one accident; however, if a accident; however, if a claim party liability: claim involving both bodily involving both bodily injury and injury and property damage property damage reaches this reaches this figure, payment figure, payment for property for property damage would damage would be capped at be capped at $20,000 $20,000

Medical $50,000/person, including Maximum of $5 million per payments: rehabilitation, excluding person, no time limit; includes health insurance plans; time rehabilitation limit 4 years

Funeral expense $2,500 $6,545 benefits:

Disability income 104 weeks partial disability; 90 per cent of net income benefits: life time if totally disabled; wages; maximum income net maximum $250/week; $55,000/year; seven-day wait; seven-day wait; unpaid indexed. housekeeper $100/week, Impairment benefits scheduled up maximum 52 weeks to $200,000

Death benefits: Death within two years; head Death anytime; depends on wage of household $50,000 plus and age; minimum $48,034; $1,000 each for all maximum $320,000 plus $22,815 dependants beyond first; - $42,030 to dependants spouse $25,000; dependent according to age. child $5,000

Right to sue for Yes. Maximum amount No pain and recoverable as damages for suffering? non-economic loss for all minor personal injuries: $2,500

Right to sue for Ye s N o economic loss in excess of no- fault benefits?

Administration: Private insurers Crown corporation (NBPI and private insurers compete for additional coverage) 138 52 - 53 Elizabeth II, 2003 - 2004 April 2

Immediate access to medical treatment is the first priority. A person injured in a traffic accident develops a treatment plan with medical advisers of choice and submits that plan to the Crown corporation. The costs of all eligible medical procedures, rehabilitative treatments, services or necessary medical equipment as outlined in an individual’s treatment plan are covered by the public automobile insurance Crown corporation. All costs to the public health care system are charged back to the Crown corporation through the health services levy; now, these costs are charged back to private insurance companies and are spread out over all insured drivers. Under the New Brunswick public automobile insurance plan, personal injury benefits paid will be divided into four key categories: 1. medical and rehabilitation services will comprise 46 per cent of total personal injury benefits paid; 2. income replacement will comprise 41 per cent; 3. permanent impairment compensation will comprise 8 per cent; and, 4. death benefits will comprise 5 per cent of the total personal injury benefits paid. Income replacement benefits are paid for the time the injured person is unable to return to normal activity; if needed, additional home care or childcare is available. Typically, the basic coverage entitles an injured person to 90 per cent of net income up to a pre-set maximum, for example, $55,000 a year,3 for the time that they are unable to function normally. Additional income replacement coverage for those New Brunswickers with higher income levels can be purchased from private insurers or NBPI through a licenced broker or agent. New Brunswickers who suffer a permanent loss of use of a body part in an automobile accident are entitled to financial compensation for that loss. Financial compensation rates will be pre-set in legislation. Death benefits are paid to eligible family members according to their relationship to the deceased and to the deceased’s contribution to family income levels. Death benefit levels under the NBPI plan will be higher than those now in place under the current system. (See Appen-dix D for an overview of mandatory no-fault benefit levels in Canada.)

3 According to Statistics Canada, 6.8 per cent of New Brunswickers’ had gross annual earnings equal to or greater than $60,000 to 2001. The average gross annual earnings for the province was $34,700 for the same year. (Source: Survey of Labour Income Dynamics, Income Trends in Canada, 1980-2001) April 2 Journal of Assembly 139

Mandatory $200,000 Third-Party Liability The mandatory $200,000 third-party liability coverage provides protection to New Brunswickers in case they are involved in an accident that causes property damage to something other than an automobile, such as a house, a traffic signal or other property in the province. This mandatory coverage also protects a New Brunswicker involved in a traffic accident while travelling outside the province, and who is determined to be at-fault, from third-party liability claims. Optional Vehicle Damage Coverage In the made-in-New Brunswick model, vehicle damage coverage such as comprehensive, collision and all perils, is optional and is sold exclusively by the Crown corporation through licenced New Brunswick brokers and agents. Presently, about 25 per cent of New Brunswickers choose not to buy vehicle damage coverage when insuring their automobiles.4 The Committee wanted to allow New Brunswick consumers to continue to have this choice under the New Brunswick public automobile insurance system. To ensure that vehicle damage insurance is available at an affordable price, the coverage is available only from the Crown corporation. NBPI will offer a variety of vehicle damage coverages, including lower deductibles, to New Brunswick consumers. Role of the Private Sector Licenced insurance brokers and agents in New Brunswick will be the exclusive distributors of the public automobile insurance product in the province. Support from the public automobile insurance Crown corporation for those brokers and agents will include program and product training, communication and point-of-sale materials and telephone support. New Brunswick brokers and agents are vital to the effective distribution of the products and to assist clients to understand the new system so as to make choices appropriate to their insurance needs. The implementation of a new rating system and the adoption of a new computer operating system will simplify the transaction process involved in purchasing automobile insurance in New Brunswick. NBPI will pay licenced insurance agents and brokers a 7 per cent commission. Resources will be set aside to remunerate insurers and agents/brokers for the additional work involved in the transition year. Private insurers are encouraged to compete with the NBPI to provide consumers choices in extended coverages and additional third-party liability coverage.

4 Insurance Bureau of Canada Automobile Experience (Green Book) 2002 140 52 - 53 Elizabeth II, 2003 - 2004 April 2

Rating Factors Under the proposed New Brunswick public automobile insurance plan, rates will be based on the individual driving record of the registered owner of a vehicle, as well as on the driver’s claims experience, vehicle usage, vehicle make/model and any optional coverage purchased. Age, gender, marital status and where the driver lives are not used to set premium levels. Vehicle registration and insurance are tied together in the proposed model. Cost of insurance will be based on the owner’s position on the safe driving discount scale (see Figure 2), vehicle usage, vehicle make/model and any optional coverage purchased. The driving records of other members of a household will not affect the cost of insurance for the owner of the vehicle. Figure 2: Save Driving Discount Scale - See Original Report Individual driving records play an important part in the determination of how much drivers will pay for insurance. The base point premium will be determined by the vehicle usage, make/model and optional coverage purchased and then the appropriate level of safe driving discount is applied. A new driver will enter the premium scale at the neutral zone and earn a 4 per cent discount for each year of claims – and offence-free driving to a maximum of 10 years or a total discount of 40 per cent. Table 2: Number of New Brunswick Drivers by Licence Class by Age Group 2002-2003 Licence Class Age Group 16-19 20-24 25-34 35-44 45-54 55-64 65-74 75+ Total Commercial 47 1,074 7,083 12,276 13,327 8,260 1,744 144 43,955 Passenger 9,644 36,333 78,486 97,456 94,340 65,778 41,151 26,309 449,497 Graduated 17,350 5,199 3,021 1,117 457 188 83 26 27,441 Motorcycle 1 9 21 29 32 12 6 2 112

Total 27,042 42,615 88,611 110,878 108,156 74,238 42,984 26,481 521,005

Note: 49,550 drivers also have a motorcycle endorsement and are included in the commercial, passenger or graduated driver licence counts. (Source: New Brunswick Department of Public Safety, 2003.) Drivers with a record of at-fault claims or traffic offences will pay more and will not earn a good-driver discount until their poor driving records have been corrected – about three years. Licenced drivers who do not register vehicles but accumulate enough demerit points to enter the driver penalty zone, will be billed an additional premium to ensure they contribute to the provincial insurance pool. April 2 Journal of Assembly 141

The financial consequences of one at-fault accident are less for a long-time driver with a safe record than for an inexperienced driver. To ensure that drivers are not penalized for an unreasonable time for one accident or traffic offence, drivers work their way back to their position on the premium scale if their driving records remain unblemished for three years. There are more severe penalties for criminal driving offences. Described in Table 3 are three examples of how the scale works after a driver has been involved in a traffic accident.

Table 3: Moving Up and Down the Safe Driving Discount Scale: Three Examples.

Example 1 A New Brunswick driver with a record of 10 years safe driving has an at-fault accident. Because of his or her position at the top of the safe driver discount zone, he or she receives three demerit points moving from a +10 to a +7 position on the scale. Next year when he or she registers and insures their vehicle they will receive a 28 per cent discount and move back up the scale (32 per cent, 36 per cent and 40 per cent discount respectively) with each subsequent year of safe driving. The not-at-fault driver’s premiums are not affected by the accident.

Example 2 A New Brunswick driver with a recent history of unsafe driving, having been responsible for one at-fault accident two years ago, has a second at-fault accident in less than three years. He or she moves from -5 to -15 in the penalty zone. He or she will be assessed an additional premium of $1,050 at the time of the accident. Provided this driver can maintain a safe driving record for three consecutive years, he or she will be eligible for a safe driving discount on his or her fourth renewal. However, in the interim three-year time period he or she will be charged the base rate. The not-at-fault driver’s premiums are not affected by the accident. 142 52 - 53 Elizabeth II, 2003 - 2004 April 2

Example 3 A New Brunswick driver with only two years of safe driving experience has an at-fault accident with the family vehicle, which is registered and insured in the parent’s name. Under the made-in New Brunswick model the at-fault driver, not the vehicle owner, pays an additional premium. In this example because the driver has two years safe driving, he or she is assessed eight demerit points and goes from a +2 position in the safe driving zone to a -6 position in the penalty zone, where he or she pays an additional contribution to the insurance pool of $250. Additionally, the driver will need to maintain a safe driving record for three consecutive years to be eligible to re- earn a safe driving discount. If he or she were to register and insure a vehicle before the end of the three-year time frame they will pay the base rate related to the make/model and use of the vehicle to be insured. The premium of the not-at-fault driver and the owner of the car (the driver’s parent) are not affected by the accident.

The Committee recommends a scale for safe drivers that offers a discount of 4 per cent for each year of claims – and offence-free driving to a maximum discount level of 40 per cent. Vehicle owners with a 10-year clean driving record would receive a discount of 40 per cent as compared to a new driver who would get a 4 per cent discount after the first year of safe driving. The Committee recommends a scale for a poor driving record to include a modest $25 for each of the first two positions on the scale, followed by sharp increases in costs as demerit points are accumulated. The objective is to collect higher premiums from drivers who have poor driving records. The exact scale, including demerit points for traffic offences, must be set out in the appropriate legislation. Average Premium Levels Under the New Brunswick public automobile insurance system, it is estimated that there will be a decrease from the current street price of $1,212 to an average premium of 2003. The average premium is the total premium paid by all customers for all of the coverages purchased on their vehicles divided by the total number of vehicles. The average is weighted for all of the mandatory coverages that everyone must buy and the optional coverages that only some customers buy. Therefore, some drivers will pay more than the April 2 Journal of Assembly 143 average premium level and some will pay less, depending on their individual driving records, claims histories, type and uses of vehicles. Figure 3 compares the average premium levels by years of safe driving under the current New Brunswick system and those estimated under the made-in-New Brunswick public model. To determine the precise rate to be paid by an individual vehicle owner would require an actuarial ratemaking exercise. The Committee felt it was premature and beyond the scope of its mandate to take this next step at this time. Figure 3: Estimated Average Premium Levels - See Original Report The average premium of $993 is an all-in price. Estimated average premium levels include provisions for NBPI to pay provincial health services levies, premium taxes, all operating costs and a 5 per cent surcharge, to be imposed for the first four years of operation, to pay for all pre-operating and start-up costs and to build a reserve fund. The result is an average premium for drivers insuring a vehicle at the base rate of about $1,390 and an average premium of $834 for drivers with 10 years of safe driving. More than 80 per cent of New Brunswick drivers have safe driving records of six years or more. Figure 4 shows the estimated average premium level by years of safe driving for the made-in-New Brunswick model. Figure 4: Estimated Average Premium Levels by Years of Safe Driving - See Original Report This estimate is based on New Brunswick consumers purchasing a similar pattern of coverage as they do now, that is, mandatory coverage and often, supplemental coverage such as higher third- party liability coverage and lower deductibles. In order to provide New Brunswickers with a better idea of the range of premium levels they could anticipate under the proposed model, a sample of hypothetical drivers and their estimated premium levels are described in Figure 5. These estimates have been developed from the best available information to give New Brunswickers a better idea of the range of premiums for a sample of vehicle makes and models, vehicle usage, levels of coverage and driving experience. However, an actuarial ratemaking exercise is required before premium levels under the made-in-New Brunswick model can be determined. 144 52 - 53 Elizabeth II, 2003 - 2004 April 2

Figure 5: Made-in-New Brunswick Model Sample Rates

Driving Age & Driving Other Scenario Experi- Vehicle Coverages Location Rate Gender Record Drivers ence 45 year 10 years 16 year old 2002 $2 million Campbell- $1,228 old plus safe daughter, Dodge PLPD ton female driving brand new Caravan Collision and driver just Comprehen- completed sive $250 1 driver deductible education 18 year old son has 2 years good driving 22 year 5 years 1 wind- None 2001 $1 million Tracadie $1,358 old dafe shield To y o t a PLPD unmar- driving claim last Corol1a Collision and 2 ried year Comprehen- male sive $500 deductible 18 year 2 years None 1994 $200,000 Saint John $1,007 old safe Honda PLPD unmar- driving Civic No vehicle ried Hatch- damage 3 female back coverage (univer- sity student) Vehicle 1 60 year 10 years None 2002 $2 million Miramichi $1,006 old male safe Pontiac PLPD driving Grand Collision and Pleasure Prix Comprehen- 4 Use sive $250 deductible Vehicle 2 57 year 6 years 1 compre- None 1997 $2 million Miramichi $528 old safe hensive Pontiac PLPD female driving claim 4 Grand AM No vehicle Pleasure years ago damage use coverage

77 year 10 years None 2000 $1 million St. Stephen $812 old safe Ford PLPD female driving Taurus Collision and 5 Pleasure Comprehen- use sive $500 deductible 30 year 10 years 1st at-fault None 2001 $1 million Fredericton $1,906 old male driving accident 3 Jeep PLPD years ago Cherokee Collision and 2nd at Comprehen- fault sive $500 6 accident deductible last year. Previously 7 years of safe driving April 2 Journal of Assembly 145

Figure 5: Made-in-New Brunswick Model Sample Rates

Driving Age & Driving Other Scenario Experi- Vehicle Coverages Location Rate Gender Record Drivers ence Vehicle 1 29 year 10 years 1 not-at-fault None 2004 $1 million Petit- $1,150 old male safe accident 3 Mazda PLPD Rocher driving years ago 1 pick-up Collision and windshield truck Comprehen- 7 claim last sive $500 year deductible Vehicle 2 28 year 7 years One-at-fault None 1999 $1 million Petit- $1,242 old safe accident 7 Chevrolet PLPD Rocher female driving years ago Cavalier Collision and Comprehen- sive $500 deductible 54 year 10 years None 1994 $1 million Grand $678 old male safe Oldsmo- PLPD Bay 8 driving bile 98 No vehicle Regency damage coverage 47 year 10 years 21 year old 1996 $1 million Edmund- $1,038 old male safe daughter VW Jetta PLPD ston driving 3 years Collision and safe Comprehen- driving sive $500 23 year old deductible 9 son 1 at- fault accident 2 years ago and 1 speeding ticket 24 year 8 years 1 speeding None 2002 $1 million Wood- $1,360 old safe ticket 3 Honda PLPD stock female driving years ago Accord Collision and 10 Comprehen- sive $250 deductible 42 year 22 years 1 at-fault None 1994 $200,000 Memram- $1,094 old male driving accident 3 Chevrolet PLPD cook (vehicle) years ago Impa la No vehicle 1st Driving damage $2,550 11 Impaired 5 coverage (driver) years ago 2nd Driving $3,644 Impaired 2 (total) years ago* 39 year 20 years 1 at-fault None 1997 $1 million Doaktown $1,624 old driving accident 3 Nissan PLPD female years ago Altima Collision and 12 2nd at-fault Comprehen- accident 12 sive $500 months ago deductible

*This driver would be billed an additional premium amount after each traffic or criminal code infraction. He would only be permitted to register his vehicle under this scenario if he had a valid driver’s licence and his insurance account was in good standing. 146 52 - 53 Elizabeth II, 2003 - 2004 April 2

Road Safety Initiatives The philosophy guiding the public automobile insurance systems includes concerted efforts to reduce collisions, injuries, deaths and claims. Under the proposed model for New Brunswick, an annual budget dedicated to road safety is estimated at $4 million. There are many road safety initiatives in place in Canada’s public automobile insurance systems for a New Brunswick public system to emulate. The Committee recommends that NBPI in partnership with relevant organizations and institutions such as governments, law enforcement agencies, seniors organizations and schools, develops a series of safety initiatives targeted to the needs of New Brunswick drivers. Governance An Act of the New Brunswick Legislative Assembly to establish a New Brunswick Public Insurance Crown corporation will have to be written and given assent before the transition of New Brunswick drivers from the private system to the public system. The legislation will establish the insurance program, including product characteristics and benefits, as well as the parameters for the Crown corporation. The legislation is to undergo a full review at the end of Year 5 of operations. A minister responsible for the public automobile insurance corporation, with no oversight or role in operations, will be appointed and a board of directors will be established. The board will be responsible for policy development and oversight of the Crown corporation. Although a public entity, the Crown corporation will operate at arm’s length from the provincial government. This relationship will be important in ensuring that the financial sustainability of the New Brunswick public insurance Crown corporation is the responsibility of automobile insurance ratepayers and not taxpayers. Similar to the New Brunswick Workplace Health, Safety and Compensation Commission, the liabilities and assets of the NBPI would not be included on the Province’s financial statements, except for the initial loan during the start-up period. Accountability Although the Crown corporation will operate at arm’s length from government, a number of mechanisms to ensure full public accountability and transparency are recommended by the Committee: April 2 Journal of Assembly 147

1. The NBPI will be required to submit insurance rates to the public utilities board for approval. Rate changes will be subject to review and hearings where public participation and scrutiny are encouraged; 2. The enabling legislation establishing the NBPI will provide for a third-party dispute resolution process whereby all injury claims decisions can be reviewed by an independent panel to ensure disputes are resolved in an appropriate and fair manner; 3. The NBPI will appear before the Legislative Assembly of New Brunswick’s Standing Committee on Crown Corporations on an annual or as required basis; and 4. The NBPI will issue an annual report, including audited financial statements, at a general public meeting of the Crown corporation to be held each year. Costing the Model Based on legislation, and to deliver the mandate of NBPI, an infrastructure and organization would be built, including people, facilities and information systems. The start of these activities would mark the beginning of the pre-operating period, anticipated to last 12 months, after which operations would commence and transition of New Brunswick drivers from the old system to the new would occur. Capital costs would also be incurred during the pre-operating phase. It is estimated that NBPI would directly employ about 800 individuals in the province of New Brunswick in a variety of roles including clerical, technical/professional, supervisory and management. The organization of NBPI would include: executive offices; finance; insurance operations; claims; information technology; human resources; legal/regulatory; and public relations/ prevention. Recruiting and hiring of employees is assumed to take place over a 24-month period, with close to 90 per cent of the workforce being recruited and hired in the first 12 months. NBPI will look to hire, wherever possible and appropriate, experienced and certified insurance professionals presently involved in the provincial insurance industry. A summary of total costs is provided below in Table 4 148 52 - 53 Elizabeth II, 2003 - 2004 April 2

Table 4: Summary of Project Costs

Estimated Costs

Start-up $13,300,000

Pre-Operating $32,010,000

Capital $35,250,000

Total $80,560,000

Start-up Costs Start-up costs are non-operating and non-capital costs incurred during the 12-month pre-operating period, and are necessary to create the infrastructure and processes required to operate NBPI. These costs will be capitalized and amortized over a five-year period. Start-up costs are estimated as follows: Recruitment costs $ 800,000 System and business process development costs $ 7,900,000 Communication costs $ 3,000,000 Consulting service costs $ 1,600,000 $13,300,000 The Manitoba Public Insurance Corporation (MPI) has offered to assist NBPI with customizing and conversion of MPI insurance, financial and claims systems to meet the needs of New Brunswick, thus eliminating the need to build the systems from scratch (see Letter of Intent in Appendix M). This partnership will also result in a new, integrated online motor vehicle registration system for the Province of New Brunswick. Other partnering or contracting opportunities will be explored by NBPI during the pre-operating period and may lead to further efficiencies and potential cost savings. Pre-Operating Period Costs For Year 1, estimated operating expenses will consist mainly of employee compensation, training costs and other operating expenses (data processing, building expenses, printing, stationery, office supplies, postage, travel expenses, telephone, etc.). Compensation represents an estimated 75 per cent of the operating expenses incurred during Year 1, with the remaining 25 per cent represented by training costs and other operating expenses. Employee compensation is based on the assumption of staggered hiring of 700 staff during Year 1. April 2 Journal of Assembly 149

Total Year 1 operating expense is calculated below: Estimated employee compensation $ 23,700,000 Estimated training expense $ 500,000 Estimated other operating expenses $ 7,810,000 $ 32,010,000 Although not a pre-operating period cost, to assist the various stakeholders with the transition from the old to new insurance model, it is estimated that NBPI would make a one-time transition expenditure of up to $20,000,000 in Year 2 of operations. Capital Costs Property and equipment additions are required and will be made during Year 1 pre-operating period for the following assets: Construction cost of five claim centres $ 10,125,000 Construction cost of corporate office $ 18,225,000 Furniture and equipment allowance $ 4,000,000 Information technology systems (desktop hardware only) $ 2,900,000 $ 35,250,000 Project Financing During the pre-operating period, NBPI will require financing of $82,000,000. It is assumed that this will be debt-financed, with money borrowed from the Province of New Brunswick. It is estimated that amounts will be advanced to NBPI over the 12-month pre-operating period in equal instalments. The expected capital structure and use of funds are as follows: Sources of financing Province of New Brunswick $ 82,000,000 Use of funds Start-up costs $ 13,300,000 Capital costs $ 35,250,000 Pre-operating period operating costs $ 32,010,000 $ 80,560,000 This debt financing will bear interest at 5 per cent and will be repayable, in full, at the beginning of Year 2, the first year of NBPI’s operations. On Day 1 of operations of Year 2, NBPI will experience a significant inflow of cash from the conversion of written premiums from private insurance companies to NBPI, allowing repayment of the provinces advance, in full, at the beginning of Year 2. 150 52 - 53 Elizabeth II, 2003 - 2004 April 2

Financial Projections for the First Five Years The projections presented below are inclusive of all vehicle types and are based on the assumption that there will be a 5 per cent surcharge on premiums during years 2 to 5. The projections include the usual items included in the financial statements of insurance companies (premiums, claims, claims adjusting expenses, commissions, premium taxes, operating expenses and investment income, etc.) as well as the start-up costs, which are non-operating and non-capital costs incurred during the 12-month pre-operating period necessary to create the infrastructure and processes required to operate NBPI.

Table 5: Financial Projections for First Five Years ($000s)

Year 1 Year 2 Year 3 Year 4 Year 5 Net earnings (loss) from ($34,482) ($9,546) $18,751 $25,392 $31,518 operations Retained earnings (deficit), - ($34,482) ($44,028) ($25,457) ($65) beginning of year Retained earnings ($34,482) ($44,028) ($25,457) ($65) $31,453 (deficit), end of year Cash resources, $1,627 $224,666 $374,978 $508,232 $632,957 end of period

International Trade Implications The Select Committee has assessed the made-in-New Brunswick model in the light of Canada’s obligations under the North American Free Trade Agreement (the “NAFTA”) and the World Trade Organization’s (the “WTO”) General Agreement on Trade in Services (the “GATS”). In conducting its assessment, the Select Committee consulted with international trade experts, and reviewed various analyses of the consistency of a public auto insurance scheme with Canada’s international trade obligations. It is clear that the NAFTA and the GATS do not expressly prohibit New Brunswick from establishing and maintaining a public automobile insurance regime. Both agreements do, however, contain rules that would apply to the creation of the Crown corporation (NBPI) and to its activities. The Crown corporation would have to be designed to meet certain requirements that are intended to minimize adverse trade effects. As well, Canada would likely be asked by its WTO trading partners to April 2 Journal of Assembly 151 make trade-related adjustments in their favour. Additionally, the rights of U.S. and Mexican investors with investments in New Brunswick’s auto insurance sector would have to be taken into account (although the NAFTA does not require governments to mitigate any and all negative effects on such investors/investments). The Committee cannot predict, however, whether a WTO or NAFTA challenge would be brought or whether a challenge would succeed. The creation of a provincial Crown corporation offering services previously provided solely by the private sector has never been challenged under the WTO nor the NAFTA. There are many legal and factual hurdles that would have to be cleared by a trading partner (or a United States or Mexican investor) in order to challenge successfully the creation of a public automobile insurance system. There is also a broad range of policy and political factors, as well as individual parent companies’ overall commercial interests (beyond just those of the provision of automobile insurance services in New Brunswick) that would influence whether and how a claim might be made. The WTO and NAFTA rules mean that there are issues to be investigated further should the Province decide to move ahead. However, the Select Committee is confident that a public automobile insurance system, such as the made-in-New Brunswick model, could be implemented in New Brunswick in a manner that conforms with Canada’s international trade obligations. Consequently, the Select Committee recommends that the Government of New Brunswick work closely with federal officials to design a strategy that would ensure that the establishment of a public automobile insurance system (NBPI) in New Brunswick would be consistent with Canada’s international trade obligations. Provincial Economic Impact Analysis The Committee engaged the services of an economist to assess the impact on the provincial economy of the proposed model for public automobile insurance. The economic impact analysis report is attached as Appendix N. The implementation of the proposed public automobile insurance model is estimated to result in 1,134 fewer people working in New Brunswick’s private sector insurance industry. This decrease will be partially offset by the creation of 800 new jobs in the proposed New Brunswick public insurance Crown corporation. Despite the direct displacement of jobs in the insurance industry in Year 2, the overall net economic impact of implementing the proposed model is estimated to be positive due to growth induced in other sectors of the provincial economy. 152 52 - 53 Elizabeth II, 2003 - 2004 April 2

The projected gains to the provincial economy, as measured by increased person years employment and increased gross domestic product (GDP), in Year 1 (pre-operational phase) are primarily related to hiring by the Crown corporation and increased capital expenditures of over $35 million as the corporate office and regional claim centres are built. The projected net increases to employment and GDP for Year 2 (operational phase) is due to the increased consumer spending in the provincial economy triggered by the projected $103 million reduction in automobile insurance premiums in the province. Summary of Findings Start-Up Year (Year 1): • Net increase of $109 million of gross output in New Brunswick • Net increase in employment of 1,024 person years • Net increase of $46 million in New Brunswick’s gross domestic product (GDP) • Net increase of $6 million in federal government revenues resulting from increased economic activity in New Brunswick • Net increase of $4.4 million in provincial government revenues resulting from increased economic activity in New Brunswick. Regular Operation Year: • Net increase of $144 million of gross output in New Brunswick • Reduction of 1,134 private insurance sector jobs • Creation of 800 jobs at the proposed public insurance corporation • Net increase in employment of 275 person years (taking into account direct, indirect and induced impacts) • Net increase of $37 million to New Brunswick’s gross domestic product (GDP) • Net increase of $6.7 million in federal government revenues resulting from increased economic activity in New Brunswick • Net increase of $3.5 million in provincial government revenues resulting from increased economic activity in New Brunswick Impact on Provincial Finances The implementation of the made-in-New Brunswick model will result in a decrease in provincial government revenues directly related to the automobile insurance industry. This decrease is estimated at about $3.7 million: $3 million is explained by a decrease in automobile insurance premium tax revenues collected due to the decrease in total premiums charged to New Brunswickers; and $700,000 represents the loss of provincial corporate income tax currently paid by the private automobile insurance industry in the April 2 Journal of Assembly 153 province. However, this shortfall will be exceeded by the projected increase in provincial government revenues (see economic impact analysis) due to the increase in provincial economic activity generated through the implementation of the model. The overall net increase in provincial government revenues is estimated at $3.5 million per regular year of operation. Health Services Levy The New Brunswick public automobile insurance Crown corporation will continue to pay the health services levy to the government of New Brunswick on the same basis and in the same amount as now being paid by private insurance companies in New Brunswick. Provincial health services levies are estimated to be about $ 27.5 million a year. Premium Tax The New Brunswick public automobile insurance Crown corporation will continue to pay premium tax of 3 per cent on total premiums collected to the provincial government. Total premium tax to be paid by NBPI is estimated at about $14 million. Corporate Income Tax The New Brunswick public automobile insurance Crown corporation, as a not-for-profit public entity, will not pay provincial corporate income tax. Based on the corporate income tax estimates for the automobile insurance industry paid in New Brunswick, as estimated in the Atlantic Canada Insurance Harmonization Task Force Report (Vol. 2) to the Council of Atlantic Premiers 2003, this represents a loss of provincial revenue of $700,000. Corporate income tax received from the automobile insurance industry in New Brunswick represented less than 4/10ths of 1 per cent of total provincial corporate income tax collected in 2001-2002 Cost Recovery and Licencing NBPI will pay all appropriate costs and licence fees involved in recovering the regulatory costs for the Superintendent of Insurance’s office and the New Brunswick Board of Commissioners for Public Utilities associated with the provision of automobile insurance under the new system as well as fees for the licencing of its professional staff. Provincial portion of the HST NBPI will pay the HST (including the provincial portion) on its taxable expenditures. Other Potential Impacts The Committee was asked to investigate the impact on other professionals such as the legal community, brokers and agents, physiotherapists, medical practitioners and those involved in the 154 52 - 53 Elizabeth II, 2003 - 2004 April 2 automobile-repair industry. The Committee finds there will be no significant change in the way the NBPI Crown corporation and/or its customers would interact with these professionals, with two exceptions: the legal community and licenced brokers or agents. Based on the available information and the experiences of other jurisdictions, the following impacts are expected: Legal Community Under the NBPI no-fault model, all New Brunswickers injured in traffic accidents will be entitled to full medical and rehabilitation treatment, income replacement and other benefits depending on the severity of their injuries. Financial compensation for pain and suffering is eliminated under the NBPI model. Individuals no longer sue to get benefits and thus, there will be no business related to automobile accident personal injury claims for New Brunswick lawyers. After the introduction of a no-fault system in Manitoba in the mid-1990s, legal professionals tended to shift the balance of their practice to other areas of the law or moved to practice personal injury law elsewhere. This decrease will be incremental to the impact of the $2,500 cap on financial compensation for pain and suffering associated with a minor soft-tissue injury, implemented on July 1, 2003. Although it is too early to understand the full impact on the legal community of this measure, recent reports have estimated a decrease in the level of new claims of over 40 per cent as compared to the same time in 2002. Brokers and Agents Brokers play a critical role as the main distribution channel for public automobile insurance in British Columbia, Manitoba and Saskatchewan. They are paid a commission of 7 per cent, 5 per cent and 4 per cent, respectively. Experience in other jurisdictions would suggest that brokerages are profitable under a public automobile insurance system. In the NBPI model, licenced brokers and agents will receive a 7 per cent commission on the public policies they sell. This represents a decrease from 12.5 per cent to 7 per cent. However, the time and resources required for brokers or agents to sell the NBPI product will be considerably less in the public system. Although there will be a transition period to adjust staff and overhead requirements, the Committee finds that New Brunswick brokers and agents will continue to provide a service to New Brunswickers and make a profit under the proposed system. April 2 Journal of Assembly 155

To assist in the transition phase the Committee recommends that public automobile insurance be sold through existing licenced brokers and agents resident in New Brunswick and that transactions are required to be done in person for the first five years of operation. Additional transaction costs to be incurred during the transition year will also be recognized by the NBPI. Other Potential Impacts Another concern expressed during the public hearings was the impact of the introduction of public automobile insurance on the availability of other property and casualty insurance products in New Brunswick. Should the Province of New Brunswick decide to implement public automobile insurance, there is the possibility that individual companies may decide to withdraw completely from the market. Although we are unable to predict the behaviour of individual companies, based on a review of experience in other jurisdictions, the Committee is confident that New Brunswick consumers will continue to have access to other property and casualty insurance products at a competitive price. As reported in the 2003 Statistical Review of Canadian Underwriter, of the leading 20 property and casualty insurance companies now doing business in New Brunswick, 12 are also in the top 20 in British Columbia, 11 are also in the top 20 in Manitoba, 10 are also in the top 20 in Saskatchewan and 15 are also in the top 20 in Quebec. Additionally, eight (Manitoba), 10 (British Columbia, Saskatchewan) and 12 (Quebec) of the leading 20 property and casualty insurance companies operating in New Brunswick sell optional or extension automobile insurance coverage in competition with a public automobile insurance Crown corporation. Another potential impact associated with the introduction of the public automobile insurance model recommended by the Committee would result in lower claims costs over time for individual/employer health and disability insurance plans. Under the personal injury protection plan of the made-in-New Brunswick model, the public insurer is the first payer of benefits. Therefore, the full medical and rehabilitation costs associated with traffic accidents are paid by the automobile insurance system and not subsidized by an individual’s personal or workplace health and/or disability insurance plans. Legal Implications As concluded by the Atlantic Canada Insurance Harmonization Task Force Report to the Council of Atlantic Premiers, there are no legal 156 52 - 53 Elizabeth II, 2003 - 2004 April 2 obstacles to the creation of a provincial public automobile insurance Crown corporation. The Committee recognizes that new legislation as well as significant reform/amendments to existing legislation will be required to implement the NBPI model in the province. A preliminary review would suggest the need for a new Act to create the Crown corporation and establish its mandate and all other necessary specifications for its operation. Subsequent amendments to the Insurance Act and the Motor Vehicles Act are also anticipated to implement the model. Inter-Provincial Co-operation The made-in-New Brunswick model recommended by the Committee is in large part a result of the very strong and close relationship and history of interprovincial co-operation between the Province of New Brunswick and the Province of Manitoba. This spirit of interprovincial co-operation has lead to significant cost savings associated with adapting the MPI operating system to implement the NBPI model. The Committee recommends continued close relations between the two provincial governments and the two Crown corporations. This could include, for example, training, assignment of senior MPI staff to assist in the transition phase, mentoring of NBPI board members by their MPI counterparts as well as co-development of future systems. The issue of implementing an Atlantic regional public automobile insurance Crown corporation has been explored on a conceptual basis by the Atlantic Insurance Harmonization Task Force. Although the Committee agrees that there is no legal reason to prevent a regional approach to public automobile insurance, we feel a phased approach to implementing public automobile insurance in the region is warranted. The scope of change and legislative reform required to implement the NBPI model suggests a focused and provincial effort is the most prudent approach for the initial implementation phase. The Province and the Crown corporation, once established, could then evaluate any requests to extend the New Brunswick system to any or all of its Atlantic counterparts. Transition Issues The implementation of the NBPI model, in the event a decision is made to move to a public automobile insurance system, will generate a number of transition issues. The Committee recommends that: An Act to establish the Crown corporation, mandate, governance April 2 Journal of Assembly 157 structure, benefit levels, operating policies, etc. be developed and introduced into the Legislative Assembly as soon as possible. The Act to create a New Brunswick public automobile insurance Crown corporation and all other proposed legislation be reviewed to ensure it is consistent with Canada’s international trade commitments. A senior executive team is hired to begin the pre-operating phase of NBPI as soon as the Crown corporation has been established. A specific date is chosen for the switch to the new system. All policies sold under the existing system would be converted to the new system of public automobile insurance on that date with a staggered renewal date tied to a vehicle owner’s birth date. The NBPI establish a number of advisory committees with stakeholders, such as private sector brokers and agents, private insurance companies, medical and rehabilitative treatment professionals and vehicle repair professionals to explain and determine how the new system will operate. The NBPI work closely with private sector employers and the Department of Training and Employment Development to ensure that a worker transition strategy is developed and that all reasonable efforts are undertaken to assist displaced workers in making a successful work transition either to the NBPI or to a different career or employer. Summary of Recommendations 1. The Committee recommends the made-in-New Brunswick model of public automobile insurance, in the event a decision is made to move to a public system, that offers extensive coverage at an affordable rate for all drivers with: • no reference to age, gender, marital status, territory, payment history or lapses in insurance to determine insurance costs; • rates to be determined by driving record, vehicle usage, vehicle make and model, optional coverage purchased; • oversight of the public utilities board for mandatory and optional insurance rates. • pure, no-fault injury benefits with no option to sue; • drivers licences to continue to be sold by Service New Brunswick; • vehicle registration and insurance sold through brokers and agents at a 7 per cent commission; • mandatory vehicle coverage, additional injury and income 158 52 - 53 Elizabeth II, 2003 - 2004 April 2

replacement benefits, third-party liability coverage and collision, theft and comprehensive sold by the Crown corporation through private sector agents and brokers; and • additional injury and income replacement benefits and third- party liability coverage are sold by private insurers in competition with the Crown corporation. 2. The Committee recommends a scale for safe drivers that offers a discount of 4 per cent for each year of claims and offence-free driving to a maximum discount of 40 per cent. Vehicle owners with a 10-year clean driving record would receive a discount of 40 per cent as compared to a new driver who would get a 4 per cent discount after the first year of safe driving. 3. The Committee recommends a scale for a poor driving record to include a modest $25 for each of the first two positions on the scale, followed by sharp increases in costs as demerit points are accumulated. The objective is to collect higher premiums from drivers who have poor driving records. The exact scale, including demerit points for traffic offences, must be set out in the appropriate legislation. 4. The Committee recommends under the proposed model that a significant amount of resources be dedicated to road safety initiatives to reduce collisions, injuries, deaths and claims. NBPI in partnership with relevant organizations and institutions such as governments, law enforcement agencies, seniors organizations and schools develop a series of safety initiatives targeted to the needs of New Brunswick drivers. 5. The Committee recommends an Act to establish a public automobile insurance Crown corporation, mandate, governance structure, benefit levels, operating policies and whatever is necessary to establish in law such a corporation in a timely manner. 6. The Committee recommends that the public automobile insurance corporation be required to submit insurance rates to the public utilities board for approval. Rate changes are subject to review and hearings where public participation and scrutiny are encouraged. 7. The Committee recommends the public automobile insurance corporation appear before the Legislative Assembly of New Brunswick’s Standing Committee on Crown Corporations as required. April 2 Journal of Assembly 159

8. The Committee recommends the public automobile insurance Crown corporation issue an annual report with audited financial statements at an annual general public meeting. 9. The Committee recommends that the Province of New Brunswick work closely with the Government of Canada to ensure the proposed public automobile insurance model meets all obligations under international trade agreements. 10. The Committee recommends a team be put in place to begin the pre-operating phase of the public automobile insurance system as soon as the Crown corporation has been established. 11. The Committee recommends that a specific date be chosen for the move from the private to a public automobile insurance system. All policies sold under the present system would be converted to the public system on that date. 12. The Committee recommends that the public automobile insurance Crown corporation establish advisory committees to include stakeholders to explain the public system and determine how it will operate. These stakeholders include insurance brokers and agents, private insurance companies, medical professionals, vehicle repair professionals and other such parties to the insurance process. 13. The Committee recommends that the public automobile insurance Crown corporation work closely with private sector employers and the Department of Training and Employment Development to ensure that a worker transition strategy is developed and that all reasonable efforts are undertaken to assist displaced automobile insurance workers in making a successful work transition.

The following Bills were introduced and read a first time: By Hon. E. Robichaud, Bill 37, Human Tissue Gift Act. By Hon. Ms. Fowlie, Bill 38, An Act Respecting Sunday Shopping. Ordered that the said Bills be read a second time at the next sitting.

Hon. Mr. Green announced that following second reading, it was the intention of the government that the House resolve itself into a Committee of the Whole and, with the unanimous consent of the 160 52 - 53 Elizabeth II, 2003 - 2004 April 2

House, take into consideration Bill 28, ordered for second reading at today’s sitting.

Pursuant to Standing Rule 75, it was agreed by unanimous consent that following second reading, Bill 28 be taken into consideration by the Committee of the Whole at today’s sitting.

The Order being read for second reading of Bill 28, An Act to Amend the Municipal Elections Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 28 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 28, An Act to Amend the Municipal Elections Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 29, An Act to Amend the Mental Health Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 29 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 29, An Act to Amend the Mental Health Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 30, An Act to Amend the Medical Services Payment Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 30 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 30, An Act to Amend the Medical Services Payment Act, was read a second time and ordered referred to the Committee of the Whole House.

The required two hours’ notice having been given earlier in the sitting, Mr. Speaker invited the Member for Fredericton-Fort Nashwaak to state his Question of Privilege. In stating his Question of Privilege, Mr. Lamrock submitted that the Minister of Finance had disregarded due process and anticipated the decision of the House by implementing the budget reductions prior to the budget being approved by the Legislative Assembly. April 2 Journal of Assembly 161

After hearing comments from the Government House Leader, Mr. Speaker informed the House that he would take the matter under advisement.

Mr. Speaker then invited the Member for Saint John Harbour to state her Question of Privilege. In stating her Question of Privilege, Ms. Weir submitted that it is an accepted principle that a Committee of the House has the right to have its confidential deliberations and reports protected by privilege and submitted that the disclosure and publication of the Committee’s draft report constitutes a breach of privilege of the House and its Members. Mr. Speaker delivered the following ruling with respect to the Question of Privilege raised by Ms. Weir, the Member for Saint John Harbour: STATEMENT BY SPEAKER Honourable Members, The Member for Saint John Harbour, in her role as the Chair of the Select Committee on Public Automobile Insurance, has raised a very valid matter concerning the confidentiality of committee deliberations. There is no doubt that the deliberations of all committees are to be respected and to remain confidential until the committee reports to the House. Based on the information presented and previous precedents of the House, I am satisfied that there is a prima facie case that a breach of privilege has been committed and that the matter is being raised at the earliest opportunity. Pursuant to the Standing Rules, I would therefore invite the Member for Saint John Harbour to proceed with her motion. Ms. Weir moved, seconded by Mr. Stiles: THAT the matter of the leaking of the draft report of the Select Committee on Public Automobile Insurance be referred to the Standing Committee on Privileges. Mr. Speaker, having read the motion, put the question, and the motion was carried in the affirmative.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 1.15 o’clock p.m. and to adjourn no later than 4.30 o’clock p.m. 162 52 - 53 Elizabeth II, 2003 - 2004 April 2

At 12.30 o’clock p.m., the Speaker left the chair to resume again at 1.15 o’clock p.m. 1.20 o’clock p.m. Mr. Speaker resumed the chair. The Order being read for second reading of Bill 31, An Act to Amend the Employment Standards Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 31 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 31, An Act to Amend the Employment Standards Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 32, An Act to Amend the Custody and Detention of Young Persons Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 32 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 32, An Act to Amend the Custody and Detention of Young Persons Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 33, An Act to Amend the Clean Water Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 33 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 33, An Act to Amend the Clean Water Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 34, An Act to Amend the Fish and Wildlife Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 34 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 34, An Act to Amend the Fish and Wildlife Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 35, An Act to Amend the Assessment Act, a debate arose thereon. April 2 Journal of Assembly 163

And the debate being ended, and the question being put that Bill 35 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 35, An Act to Amend the Assessment Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 36, An Act to Repeal the Bulk Sales Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 36 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 36, An Act to Repeal the Bulk Sales Act, was read a second time and ordered referred to the Committee of the Whole House.

The House resolved itself into Committee of the Whole with Mr. Holder in the chair. At 2.37 o’clock p.m., the Chairman declared a recess and left the chair. 2.45 o’clock p.m. The Committee resumed. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported: That the Committee had directed him to report progress on the following Bill: Bill 28, An Act to Amend the Municipal Elections Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 2.50 o’clock p.m., the House adjourned. 164 52 - 53 Elizabeth II, 2003 - 2004 April 6

Tuesday, April 6, 2004. 1 o’clock p.m. Prayers. Mr. S. Graham, the Member for Kent, laid upon the table of the House a petition signed by citizens of Saint Charles, Kent County, requesting that the government make the necessary repairs to roads in the northern and southern parts of the parish. (Petition 27)

The following Bill was introduced and read a first time: By Mr. S. Graham, Bill 39, Fiscal Transparency Act. Ordered that the said Bill be read a second time at the next sitting.

The following Private Bill was introduced and read a first time: By Mr. Holder, Bill 40, An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists. Ordered referred to the Standing Committee on Private Bills.

Mr. Paulin gave Notice of Motion 75 that on Tuesday, April 13, 2004, he would move the following resolution, seconded by Mr. Albert: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents concerning logging and silviculture on Village historique acadien lands, including correspondence, memos, e-mails, reports, forest management plans, analyses, research, notices, recommendations, contracts, cutting allocations, tenders, and minutes of meetings for the period from January 1, 2002, to April 6, 2004.

Mr. Paulin gave Notice of Motion 76 that on Tuesday, April 13, 2004, he would move the following resolution, seconded by Mr. Landry: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all correspondence, e-mails, faxes, and letters sent by residents and groups to the Department of Natural Resources and/or the Minister of Natural Resources about Mount Carleton Provincial Park for the period from January 1, 2002, to April 6, 2004. April 6 Journal of Assembly 165

Hon. Mr. Alward gave Notice of Motion 77 that on Tuesday, April 13, 2004, he would move the following resolution, seconded by Hon. P. Robichaud: WHEREAS commercial fisheries are an essential part of the economic and cultural life of coastal New Brunswick; WHEREAS on March 25th, 2004 the Federal Minister of Fisheries and Oceans announced his intention to stabilize the allocations for over 29 Atlantic fisheries, including Gulf Snow Crab and released a Policy Framework for the Management of Fisheries on Canada’s East Coast, a comprehensive blueprint to guide fisheries management; WHEREAS this Policy Framework states that fisheries management decision-making processes must be, and must be seen to be, fair, transparent and subject to clear and consistent rules and procedures; WHEREAS in 2003, the Federal Minister of Fisheries and Oceans announced a three-year management plan for Gulf Snow Crab that set fleet and sector allocations and shares for 2003-2005 which recognized New Brunswick’s provincial historic shares of the fishery; WHEREAS on April 1st, 2004, the Federal Minister of Fisheries and Oceans unilaterally altered the three-year crab management plan at the expense of New Brunswick’s provincial historic shares and in direct contradiction of the principles of the Atlantic Fisheries Policy Framework, and; WHEREAS the effect of this decision is the reallocation of 320 tons of New Brunswick Gulf Snow Crab to another jurisdiction with a direct loss of $2.1 M to New Brunswick fishermen and a loss of nearly $6M in economic activity for the province for the year 2004 alone. BE IT RESOLVED that the Legislative Assembly express its support for the principle of allocation decision-making processes being fair, transparent and subject to clear and consistent rules and procedures as contained in the Atlantic Fisheries Policy Framework. BE IT FURTHER RESOLVED that the Legislative Assembly urge the federal government to reaffirm the provincial historic shares enshrined in the 2003-2005 Gulf Snow Crab management plan, respect prior commitments to this province and restore the 2003-2005 New Brunswick allocations so as to be consistent with the Atlantic Fisheries Policy Framework.

Mr. Arseneault gave Notice of Motion 78 that on Tuesday, April 13, 2004, he would move the following resolution, seconded by Mr. Boudreau: 166 52 - 53 Elizabeth II, 2003 - 2004 April 6

That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all names and remuneration received by any individuals, who have been employed on a full time, part time, or contract, or who have been appointed to a government board, or commission, since June 10, 2003.

Hon. Mr. Green announced that following second reading, and with the unanimous consent of the House to dispense with the Order of Private Members’ Motions, it was the intention of government to resume the budget debate.

It was agreed by unanimous consent to dispense with Private Members’ Motions.

The Order being read for second reading of Bill 37, Human Tissue Gift Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 37 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 37, Human Tissue Gift Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 38, An Act Respecting Sunday Shopping, a debate arose thereon. And the debate being ended, and the question being put that Bill 38 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 38, An Act Respecting Sunday Shopping, was read a second time and ordered referred to the Committee of the Whole House.

The Order of the Day for resuming the adjourned debate on the motion (Motion 65), THAT this House approves in general the budgetary policy of the government, having been read, The debate was resumed. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. April 6 Journal of Assembly 167

Mr. Steeves rose on a point of order and submitted that Mr. Jamieson, the Member for Saint John Fundy, was referring to the Premier by name rather than by constituency. Mr. Deputy Speaker cautioned all Members against the use of proper names of Members in the House. And after some time, Mr. Sherwood took the chair as Acting Speaker. And after some further time, Mr. C. LeBlanc, the Deputy Speaker, resumed the chair. And the debate continuing, after some time, Mr. Speaker resumed the chair. And after some time, Mr. Speaker interrupted proceedings and advised the House that the hour of daily adjournment had arrived.

And then, 6 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were laid upon the Table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 60 January 9, 2004 Documents requested in Notice of Motion 63 January 13, 2004 Documents requested in Notice of Motion 67 January 20, 2004 Documents requested in Notice of Motion 58 January 28, 2004 168 52 - 53 Elizabeth II, 2003 - 2004 April 7

Wednesday, April 7, 2004. 10 o’clock a.m. Prayers. Mr. Boudreau offered condolences to the family of five-year old kindergarten student Remi Cormier of Grand-Barachois, N.B., who lost his life on Tuesday, April 6, 2004, in a tragic school bus accident. The House observed a moment of silence in memory of Remi Cormier.

Mr. Speaker delivered a ruling with respect to the Question of Privilege raised by the Member for Fredericton-Fort Nashwaak on Friday last: STATEMENT BY SPEAKER Honourable Members, At this time, I am prepared to rule on the question of privilege that was raised by the member for Fredericton-Fort Nashwaak on Friday last. The member stated that his question of privilege involved the issue of anticipating the vote on the budget before the House has had an opportunity to consider and approve the budget itself. The member cited media reports that the government had begun to reduce the number of positions in the civil service, as outlined in the government’s budget. The member submitted that by taking this action prior to the budget being considered and approved by the House, the government has either breached the rule of anticipation or has obstructed or impeded the House in the performance of its functions, which has resulted in an offence against the authority or dignity of the House. The Government House Leader, in speaking on the point of privilege, stated that the purpose of the estimates process is to have the legislative branch of government decide on the spending parameters, not only for government as a whole, but for individual departments. The Government House Leader submitted that it is entirely at the discretion of individual departments to spend less money than has been allocated and that it is incumbent upon individual departments and ministers to take whatever steps they can to reduce cost measures, both before and after the estimates are approved. At this stage, it may be useful to review the nature of parliamentary privilege. Parliamentary privilege relates to the rights and immunities that belong to Parliament, its members, and others, April 7 Journal of Assembly 169 which are essential for the operation of Parliament. These rights and immunities allow the Legislature to meet and carry out its proper constitutional role, allow members to discharge their responsibilities to their constituents, and allow others involved in the parliamentary process to carry out their duties and responsibilities without obstruction or fear of prosecution. Privileges are generally categorized under five headings: freedom of speech, freedom from arrest in civil actions, exemptions from jury duty, exemptions from attendance as a witness, and freedom from molestation. In the matter before us, I cannot find that any of the aforementioned privileges have been breached by the actions of the government. Contempts, on the other hand, cannot be enumerated or categorized. Contempts are offences against the authority or dignity of the House. Contempt is defined in the 22nd edition of Erskine May, on page 108: Any act or omission which obstructs or impedes either House . . . in the performance of its functions, or which obstructs or impedes any Member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results may be treated as a contempt even though there is no precedent of the offence. I cannot find that the situation described by the member for Fredericton-Fort Nashwaak is one that obstructs or impedes the House in the performance of its functions. Members are free to debate and criticize the budget and to approve or reject the estimates for each department. It has been argued that the government, by acting to reduce the number of positions in the civil service while the budget is under consideration, is anticipating a decision of the House. The budget, however, is a general statement outlining the government’s fiscal, social, and economic policies and priorities. Although the government’s budgetary policy is put before the House for approval, its ongoing consideration in no way precludes the government from continuing to administer the day-to-day affairs of the province. As noted by the member for Fredericton-Fort Nashwaak, the executive branch remains accountable to the legislative branch for its actions. Indeed, as noted in Marleau and Montpetit’s House of Commons Procedure and Practice on page 697, “No tax may be imposed, or money spent, without the consent of Parliament.” However, section 35 of the Financial Administration Act clearly sets out the authority of the government to continue to make payments out of the consolidated fund to provide for the ordinary public services, 170 52 - 53 Elizabeth II, 2003 - 2004 April 7 from the beginning of the fiscal year until such time as supply is voted by the Legislature. Accordingly, I am unable to find that there is a prima facie case that a breach of privilege has been committed. I thank both honourable members for their comments.

Mr. Brewer, the Member for Southwest Miramichi, laid upon the table of the House a petition signed by citizens of the Pidgeon Hill and Coteau-Road area who are in favour of using the old rail beds between Miramichi and Fredericton for all-terrain vehicles. (Petition 28)

The following Private Bill was introduced and read a first time: By Mr. Holder, Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists. Ordered referred to the Standing Committee on Private Bills.

Mr. Arseneault gave Notice of Motion 79 that on Tuesday, April 15, 2004, he would move the following resolution, seconded by Mr. Paulin: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents, correspondence, e-mails, reports and private contracts in regard to the Workforce Adjustment Program as announced in the 2004-2005 Budget, procedure for determining surplus positions and the timeline for the implementation of the said program.

Hon. Mr. Green announced it was the intention of government that following second reading, the House would resume the debate on the budget, following which, the House would resolve itself into a Committee of the Whole to consider Bill 28.

The Order being read for second reading of Bill 39, Fiscal Transparency Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker , took the chair as Acting Speaker. And after some further time, Mr. Holder, the Deputy Speaker, cautioned Mr. MacDonald to keep his remarks relevant to the April 7 Journal of Assembly 171 principle of the Bill under discussion. Mr. Deputy Speaker interrupted debate on two more occasions cautioning the Member to keep his remarks relevant to the debate and reciting Standing Rule 19 which empowers the Speaker or Chairman to direct that a Member discontinue speaking if the Member persists in irrelevant or tedious repetition of arguments. And the debate continuing, after some time, Mr. Holder, the Deputy Speaker, interrupted Mr. MacDonald and recognized the Hon. Mr. Volpé. At 12.30 o’clock p.m., Mr. Holder, the Deputy Speaker, left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker. Debate resumed on the motion for second reading of Bill 39. And after some time, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Mr. Holder resumed the chair. And after some further time, Mr. Speaker resumed the chair. And the debate being ended, and the question being put that Bill 39 be now read a second time, the motion was negatived on the following recorded division: YEAS - 23 Mr. Jamieson Mr. Ouellette Mr. Foran Mr. MacIntyre Ms. Robichaud Mr. Albert Mr. Allaby Mr. Lamrock Mr. A. LeBlanc Mr. S. Graham Mr. Targett Mr. Paulin Mr. Haché Mr. Burke Mr. Doucet Mr. Landry Mr. Murphy Mr. Boudreau Mr. Branch Mr. Kenny Mr. Brewer Ms. Weir Mr. Arseneault NAYS - 24 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Hon. Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. Mr. Graham Hon. Ms. Fowlie Mr. Holder Hon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlanc 172 52 - 53 Elizabeth II, 2003 - 2004 April 7

The Order of the Day for resuming the adjourned debate on the motion (Motion 65), THAT this House approves in general the budgetary policy of the government, having been read, The debate was resumed. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some time, the debate was, on motion of Mr. Carr, adjourned over.

The House resolved itself into Committee of the Whole with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Reports, reported: That the Committee had directed him to report the following Bill as amended: Bill 28, An Act to Amend the Municipal Elections Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned. April 8 Journal of Assembly 173

Thursday, April 8, 2004. 1 o’clock p.m. Prayers. Mr. Speaker interrupted routine proceedings and reminded Members that cell phones, blackberries and other similar electrical devices must be operated in a silent manner while Members are in the Chamber.

Hon. Mr. Green announced that it was the intention of government following third reading to proceed to the Royal Assent Ceremony, and, with leave of the House to dispense with Private Members’ Motions, the House would resume the debate on the budget.

It was agreed by unanimous consent to dispense with the Order of Private Members’ Motions.

Motions 1, 2, 11, 12, 16, 17, 28, 32, 57, 63, and 67 were, by leave of the House, withdrawn.

The following Bill was read a third time: Bill 28, An Act to Amend the Municipal Elections Act. Ordered that the said Bill does pass.

At 2.20 o’clock p.m., Mr. Speaker declared a recess and left the chair. 2.27 o’clock p.m. Mr. Speaker resumed the chair. His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne. Mr. Speaker addressed His Honour as follows: May It Please Your Honour: The Legislative Assembly of the Province of New Brunswick has passed a Bill at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent. 174 52 - 53 Elizabeth II, 2003 - 2004 April 8

The Clerk Assistant then read the title of the Bill as follows: Bill 28, An Act to Amend the Municipal Elections Act. His Honour signified His Assent as follows: It is the Queen’s wish. La reine le veut. To this Bill, His Honour’s assent was announced by the Clerk Assistant of the Legislative Assembly in the following words: In Her Majesty’s name, His Honour the Lieutenant-Governor assents to this Bill, enacting the same and ordering it to be enrolled. His Honour then retired and Mr. Speaker resumed the chair.

The Order of the Day for resuming the adjourned debate on the motion (Motion 65), THAT this House approves in general the budgetary policy of the government, having been read, The debate was resumed. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some time, the debate was, on motion of Mr. Albert, adjourned over.

And then, 4.20 o’clock p.m., the House adjourned. April 13 Journal of Assembly 175

Tuesday, April 13, 2004. 1 o’clock p.m. Prayers. Mr. Doucet gave Notice of Motion 80 that on Tuesday, April 20, 2004, he would move the following resolution, seconded by Mr. Boudreau: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation, memorandums, e-mails, faxes, letters, briefing notes between NB Power officials and civil servants and/or government Members regarding the delay in NB Power restructuring from March 1, 2004, to April 13, 2004.

Mr. Arseneault gave Notice of Motion 81 that on Tuesday, April 20, 2004, he would move the following resolution, seconded by Mr. Boudreau: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House by the Office of Human Resources, Absenteeism Reports from each provincial government department–both Monthly Reports and Annual Reports. We ask also that Absenteeism Reports provided to Deputy Ministers be tabled in the House which detail the average number of sick days taken and the associated cost for their own department employees and for the Civil Service as a whole. These Reports are those referred to in the Auditor General’s Report since April 1, 2002, until March 31, 2004.

Hon. Mr. Green announced that with leave of the House to dispense with Private Members’ Motions, the House would resume the debate on the budget.

It was agreed by unanimous consent to dispense with the Order of Private Members’ Motions.

The Order of the Day for resuming the adjourned debate on the motion (Motion 65), THAT this House approves in general the budgetary policy of the government, having been read, The debate was resumed. 176 52 - 53 Elizabeth II, 2003 - 2004 April 13

And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Mr. Burke rose on a Point of Order that the Member for Dieppe-Memramcook was referring to people outside the Chamber. Mr. Holder, the Deputy Speaker, reminded all Members not to comment on the absence of a Member. And after some further time, the debate was, on motion of Hon. Mr. Green, on behalf of the Honourable the Premier, adjourned over.

And then, 6 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were laid upon the Table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 73 April 8, 2004 April 14 Journal of Assembly 177

Wednesday, April 14, 2004. 10 o’clock a.m. Prayers. The Order of the Day for resuming the adjourned debate on the motion (Motion 65), THAT this House approves in general the budgetary policy of the government, having been read, The debate was resumed. And the debate being ended, and the question being put, Motion 65 was resolved in the affirmative on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc NAYS - 26 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Kennedy Mr. Foran Mr. MacIntyre Mr. Ouellette Mr. Albert Mr. Allaby Ms. Robichaud Mr. LeBlanc Mr. S. Graham Mr. Lamrock Mr. Paulin Mr. Haché Mr. Targett Mr. Doucet Mr. Armstrong Mr. Burke Mr. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch Mr. Kenny

Mr. Speaker, at the request of Hon. Mr. Green, reverted to Government Motions for the Ordering of the Business of the House. Hon. Mr. Green announced that it was the intention of the government that the House resolve itself into a Committee of Supply to be granted to Her Majesty forthwith. 178 52 - 53 Elizabeth II, 2003 - 2004 April 14

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time spent therein, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee, proceeding in the matter under consideration, had passed the following resolution: RESOLVED, that the supply be granted to Her Majesty. And he was directed to ask leave to sit again.

Mr. C. LeBlanc moved, seconded by Hon. Mr. Lord, THAT the House does concur with the Committee of Supply in its report and agrees in its resolution that Supply be granted to Her Majesty. And the question being put, it was resolved in the affirmative.

Hon. Mr. Green requested that Mr. Speaker revert to Government Motions for the Ordering of the Business of the House. On motion of Hon. Mr. Green, seconded by Hon. Mr. Lord, RESOLVED, that consideration of Main Estimates 2004-2005 in Committee of Supply be added to the Orders of the Day until such time as they are dispatched.

And then, 11.37 o’clock a.m., the House adjourned. April 15 Journal of Assembly 179

Thursday, April 15, 2004. 1 o’clock p.m. Prayers. Hon. Mr. Green recognized the work of the Canadian Bar Association, New Brunswick Branch, in establishing a provincial Law Day to commemorate the signing of the Charter of Rights and Freedoms. He also recognized this day as the 114th anniversary of Sir Pierre- Armand Landry’s becoming the first Acadian judge in New Brunswick. Sir Landry was the first Acadian lawyer, the first Acadian provincial cabinet minister, the first Acadian Judge of the County Court, the first Acadian to serve on the Supreme Court of Kings Bench, and the first Acadian to become knighted by the King.

Following Oral Questions, Mr. Lamrock stood on a Point of Order and submitted that Hon. Mr. Fitch had used an unparliamentary term in responding to a question. Hon. Mr. Fitch apologized to the House and withdrew the comment.

Mr. Allaby gave Notice of Motion 82 that on Thursday, April 22, 2004, he would move the following resolution, seconded by Mr. Boudreau: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House a description of the changes to snow clearing routes to take effect with the closure of snow sheds included with the Department of Transportation budget for 2004-2005 including snowplow assignments before the changes and plow assignments after the changes.

Mr. Murphy gave Notice of Motion 83 that on Thursday, April 22, 2004, he would move the following resolution, seconded by Mr. Boudreau: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all correspondence including but not limited to e-mails, letters or memos between the Minister of Family and Community Services and regional Family and Community Services offices concerning any or all of the following: downsizing or layoffs, or capping of funds, or restrictions in funding, or any budgetary measures taken by 180 52 - 53 Elizabeth II, 2003 - 2004 April 15 correspondence, to the offices, agents, workers or employees, or any other person affected by budgetary cuts or restrictions of his department since the tabling of the budget.

Mr. S. Graham gave Notice of Motion 84 that on Thursday, April 22, 2004, he would move the following resolution, seconded by Mr. Ouellette: WHEREAS the mandate of the mission of the Auditor-General is to promote accountability by providing objective information to the people of New Brunswick through the Legislative Assembly; WHEREAS the Auditor-General reports only to the people’s representatives in the Legislative Assembly and not to government; WHEREAS it is evident that this matter should be subject to independent, external investigation; BE IT THEREFORE RESOLVED that the Legislature direct the government to refer this matter to the Auditor-General so that he might audit the decision-making process that took place at NB Power and within Government with respect to the refurbishment of Coleson Cove, the fuel delivery agreement and the proposed agreement to supply orimulsion to NB Power.

It was agreed by unanimous consent that Notice of Motion 84 be amended by deleting the word “direct” and substituting the word “urge.”

Hon. Mr. Green announced that the government would agree to consider Private Members’ Motion 84 forthwith, following which, it was the intention of government that the House consider Government Motion 77.

It was agreed by unanimous consent to vary the order of consideration of Private Members’ Motions, to dispense with the notice requirement of the Standing Rules and to consider Motion 84 forthwith.

It was agreed by unanimous consent that the House recess for five minutes. Accordingly, at 2.41 o’clock p.m., Mr. Speaker declared a five-minute recess and left the chair. April 15 Journal of Assembly 181

2.53 o’clock p.m. Mr. Speaker resumed the chair. Mr. S. Graham moved the following resolution, seconded by Mr. Ouellette (Motion 84): WHEREAS the mandate of the mission of the Auditor-General is to promote accountability by providing objective information to the people of New Brunswick through the Legislative Assembly; WHEREAS the Auditor-General reports only to the people’s representatives in the Legislative Assembly and not to government; WHEREAS it is evident that this matter should be subject to independent, external investigation; BE IT THEREFORE RESOLVED that the Legislature urge the government to refer this matter to the Auditor-General so that he might audit the decision-making process that took place at NB Power and within Government with respect to the refurbishment of Coleson Cove, the fuel delivery agreement and the proposed agreement to supply orimulsion to NB Power. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker took the chair as Acting Speaker. And after some further time, Mr. Speaker resumed the chair. And the debate continuing, after some time Hon. Mr. Green stood on a Point of Order and submitted that Mr. Jamieson had suggested that another Member had misled the House. Mr. Jamieson subsequently apologized to the House and withdrew the comment. And the debate being ended and the question being put, Motion 84 was negatived on the following recorded division: YEAS - 19 Mr. McGinley Mr. Lamrock Mr. Foran Mr. Jamieson Mr. Targett Mr. Albert Mr. Allaby Mr. Burke Mr. Paulin Mr. Landry Mr. Murphy Mr. Doucet Mr. Branch Mr. Kenny Mr. Boudreau Mr. Ouellette Mr. Arseneault Mr. Brewer Ms. Robichaud 182 52 - 53 Elizabeth II, 2003 - 2004 April 15

NAYS - 25 Hon. Ms. Blaney Hon. Ms. Dubé Mr. Betts Hon. E. Robichaud Hon. Ms. Poirier Mr. Malley Hon. Mr. Mesheau Hon. Mr. Ashfield Mr. Williams Hon. Mr. Volpé Hon. Mr. Fitch Mr. Carr Hon. D. Graham Hon. Ms. Fowlie Mr. MacDonald Hon. Mr. Mockler Hon. P. Robichaud Mr. Stiles Hon. Ms. MacAlpine Hon. Mr. Alward Mr. Holder Mr. Sherwood Hon. Mr. Huntjens Mr. C. LeBlanc Hon. Mr. Steeves

Pursuant to Notice of Motion 77, Hon. Mr. Alward moved the following resolution, seconded by Mr. P. Robichaud: WHEREAS commercial fisheries are an essential part of the economic and cultural life of coastal New Brunswick; WHEREAS on March 25th, 2004 the Federal Minister of Fisheries and Oceans announced his intention to stabilize the allocations for over 29 Atlantic fisheries, including Gulf Snow Crab and released a Policy Framework for the Management of Fisheries on Canada’s East Coast, a comprehensive blueprint to guide fisheries management; WHEREAS this Policy Framework states that fisheries management decision-making processes must be, and must be seen to be, fair, transparent and subject to clear and consistent rules and procedures; WHEREAS in 2003, the Federal Minister of Fisheries and Oceans announced a three-year management plan for Gulf Snow Crab that set fleet and sector allocations and shares for 2003-2005 which recognized New Brunswick’s provincial historic shares of the fishery; WHEREAS on April 1st, 2004, the Federal Minister of Fisheries and Oceans unilaterally altered the three-year crab management plan at the expense of New Brunswick’s provincial historic shares and in direct contradiction of the principles of the Atlantic Fisheries Policy Framework, and; WHEREAS the effect of this decision is the reallocation of 320 tons of New Brunswick Gulf Snow Crab to another jurisdiction with a direct loss of $2.1 M to New Brunswick fishermen and a loss of nearly $6M in economic activity for the province for the year 2004 alone. BE IT RESOLVED that the Legislative Assembly express its support for the principle of allocation decision-making processes being fair, transparent and subject to clear and consistent rules and procedures as contained in the Atlantic Fisheries Policy Framework. April 15 Journal of Assembly 183

BE IT FURTHER RESOLVED that the Legislative Assembly urge the federal government to reaffirm the provincial historic shares enshrined in the 2003-2005 Gulf Snow Crab management plan, respect prior commitments to this province and restore the 2003-2005 New Brunswick allocations so as to be consistent with the Atlantic Fisheries Policy Framework. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, the debate was interrupted by the expiration of time.

And then, 6 o’clock p.m., the House adjourned. 184 52 - 53 Elizabeth II, 2003 - 2004 April 16

Friday, April 16, 2004. 10 o’clock a.m. Prayers. Hon. Mr. Fitch laid upon the table of the House a document entitled Point Lepreau Refurbishment Review, Dr. Robin Jeffrey, April 2004.

On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud, RESOLVED, that the membership of the Legislative Administration Committee be amended by deleting the name of Mr. S. Graham and substituting Mr. McGinley. And the question being put, it was resolved in the affirmative.

Hon. Mr. Green announced that, it was the intention of government to resume the adjourned debate on Motion 77, following which the House would resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Finance.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 1 o’clock p.m., and to adjourn at 4.30 o’clock p.m.

Debate resumed on Motion 77, moved by Hon. Mr. Alward, seconded by Hon. P. Robichaud, as follows: WHEREAS commercial fisheries are an essential part of the economic and cultural life of coastal New Brunswick; WHEREAS on March 25th, 2004, the Federal Minister of Fisheries and Oceans announced his intention to stabilize the allocations for over 29 Atlantic fisheries, including Gulf Snow Crab and released a Policy Framework for the Management of Fisheries on Canada’s East Coast, a comprehensive blueprint to guide fisheries management; WHEREAS this Policy Framework states that fisheries management decision-making processes must be, and must be seen to be, fair, transparent and subject to clear and consistent rules and procedures; WHEREAS in 2003, the Federal Minister of Fisheries and Oceans announced a three-year management plan for Gulf Snow Crab that set fleet and sector allocations and shares for 2003-2005 which recognized New Brunswick’s provincial historic shares of the fishery; April 16 Journal of Assembly 185

WHEREAS on April 1st, 2004, the Federal Minister of Fisheries and Oceans unilaterally altered the three-year crab management plan at the expense of New Brunswick’s provincial historic shares and in direct contradiction of the principles of the Atlantic Fisheries Policy Framework, and; WHEREAS the effect of this decision is the reallocation of 320 tons of New Brunswick Gulf Snow Crab to another jurisdiction with a direct loss of $2.1 M to New Brunswick fishermen and a loss of nearly $6M in economic activity for the province for the year 2004 alone. BE IT RESOLVED that the Legislative Assembly express its support for the principle of allocation decision-making processes being fair, transparent and subject to clear and consistent rules and procedures as contained in the Atlantic Fisheries Policy Framework. BE IT FURTHER RESOLVED that the Legislative Assembly urge the federal government to reaffirm the provincial historic shares enshrined in the 2003-2005 Gulf Snow Crab management plan, respect prior commitments to this province and restore the 2003-2005 New Brunswick allocations, so as to be consistent with the Atlantic Fisheries Policy Framework. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. At 12.30 o’clock p.m., Mr. Holder, the Deputy Speaker, interrupted the debate and left the chair. 1 o’clock p.m. Mr. Holder, the Deputy Speaker resumed the chair as Acting Speaker. And after some time, the debate being ended and the question being put, Motion 77 was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Holder, took the chair. And after some further time, Mr. C. LeBlanc resumed the chair. And after some further time spent in Committee of Supply, Mr. Speaker resumed the Chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. 186 52 - 53 Elizabeth II, 2003 - 2004 April 16

Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 4.32 o’clock p.m., the House adjourned. April 20 Journal of Assembly 187

Tuesday, April 20, 2004. 1 o’clock p.m. Prayers. The following Bills were introduced and read a first time: By Mr. S. Graham, Bill 42, An Act to Amend the Auditor General Act. By Hon. Ms. Fowlie, Bill 43, An Act to Amend the Municipalities Act. By Hon. Mr. Green, Bill 44, Securities Act. By Hon. Mr. Ashfield, Bill 45, An Act to Amend the Quarriable Substances Act. Ordered that the said Bills be read a second time at the next sitting.

Hon. Mr. Green announced that it was the intention of government that following Private Members’ Motions, the House would resolve itself into a Committee of Supply to take into further consideration the estimates for the Department of Finance.

Pursuant to Notice of Motion 3, Mr. S. Graham, seconded by Mr. MacIntyre moved: WHEREAS the annual budget of the Department of Health comprises the largest percentage of the New Brunswick provincial budget; WHEREAS the report of the Health Services Review Committee highlighted the need for greater accountability in the health care system; WHEREAS the report of the Premier’s Health Quality Council reinforced the need for greater accountability in the health care system; AND WHEREAS the final report of the Romanow Commission on the Future of Health Care in Canada recommends the establishment of accountability as the sixth principle of the Canada Health Act; BE IT THEREFORE RESOLVED that the Legislative Assembly endorse the addition of “Accountability” as the sixth principle of the Canada Health Act; 188 52 - 53 Elizabeth II, 2003 - 2004 April 20

AND BE IT FURTHER RESOLVED that the Legislative Assembly urge the government to encourage other governments to support the addition of this sixth principle. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Hon. E. Robichaud, seconded by Hon. Mr. Volpé, moved in amendment: AMENDMENT That Motion 3 be amended by: adding the following two clauses after the fourth “Whereas” clause: “AND WHEREAS the Government of Canada and the provinces entered into Medicare funding on a 50:50 basis; AND WHEREAS today the federal government only provides 16.5% of funding for Medicare services, while the Romanow report recommends a minimum of 18%, increasing to 25%;” and by deleting all the words after “BE IT THEREFORE RESOLVED” and replacing them with the following: “that the Legislative Assembly endorses “accountability to Canadians” as a principle to be added to the Canada Health Act; AND BE IT FURTHER RESOLVED that the Legislative Assembly also endorses the concept of “sustainability of federal funding” as another principle of the Canada Health Act, to ensure accountability for both health spending and health funding.” And the question being put, a debate ensued. At 3.01 o’clock p.m., Mr. C. LeBlanc, the Deputy Speaker, declared a recess and left the chair. 3.15 o’clock p.m. Mr. C. LeBlanc, the Deputy Speaker resumed the chair. Debate resumed on the amendment to Motion 3. And after some time, Mr. Lamrock, seconded by Mr. MacIntyre, moved a sub-amendment, as follows: SUB-AMENDMENT That the amendment to Motion 3 be amended by: In the first resolution clause, after the word “accountability” removing “to Canadians”. April 20 Journal of Assembly 189

And the question being put, a debate ensued. At 3.30 o’clock p.m., Mr. C. LeBlanc, the Deputy Speaker, declared a recess and left the chair 3.38 o’clock p.m. Mr. C. LeBlanc, the Deputy Speaker, resumed the chair as Acting Speaker. Debate resumed on the sub-amendment to the amendment to Motion 3. And the debate being ended and the question being put, the sub- amendment was negatived. The debate being ended on the amendment to Motion 3, the Speaker put the question and the amendment was carried. Debate resumed on Motion 3 as amended as follows: WHEREAS the annual budget of the Department of Health comprises the largest percentage of the New Brunswick provincial budget; WHEREAS the report of the Health Services Review Committee highlighted the need for greater accountability in the health care system; WHEREAS the report of the Premier’s Health Quality Council reinforced the need for greater accountability in the health care system; AND WHEREAS the final report of the Romanow Commission on the Future of Health Care in Canada recommends the establishment of accountability as the sixth principle of the Canada Health Act; AND WHEREAS the Government of Canada, and the provinces entered into Medicare funding on a 50:50 basis; AND WHEREAS today the federal government only provides 16.5% of funding for Medicare services, while the Romanow Report recommends a minimum of 18%, increasing to 25%; BE IT THEREFORE RESOLVED that the Legislative Assembly endorses “accountability to Canadians” as a principle to be added to the Canada Health Act; AND BE IT FURTHER RESOLVED that the Legislative Assembly also endorses the concept of “sustainability of federal funding” as another principle of the Canada Health Act, to ensure accountability for both health spending and health funding. 190 52 - 53 Elizabeth II, 2003 - 2004 April 20

And the debate being ended, and the question being put, Motion 3 as amended was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the Chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were laid upon the Table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 52 April 16, 2004 April 21 Journal of Assembly 191

Wednesday, April 21, 2004. 10 o’clock a.m. Prayers. Mr. S. Graham laid upon the table of the House a petition signed by residents of several Kent County communities who request that the government make major repairs to a 5 km section of the Richibucto- Village Road. (Petition 29)

Hon. P. Robichaud laid upon the table of the House the following document: Request for Proposals, Trans-Canada Highway Project, for the Design, Construction, Financing, Operation, Maintenance, and Rehabilitation of Route 2, between the Quebec Border and Longs Creek, and Route 95.

The following Bills were introduced and read a first time: By Mr. S. Graham, Bill 46, Child and Youth Advocate Act. By Hon. Mr. Volpé, Bill 47, Supplementary Appropriations Act 2002-03 (2). Ordered that the said Bills be read a second time at the next sitting.

Hon. Mr. Green announced that following second reading, and with the unanimous consent of the House, it was the intention of the government that the House resolve itself into a Committee of the Whole to consider Bill 43, An Act to Amend the Municipalities Act; following which the House would resolve itself into a Committee of Supply to begin consideration of the estimates of the Department of Environment and Local Government.

The Order being read for second reading of Bill 42, An Act to Amend the Auditor General Act, a debate arose thereon. Mr. Jamieson rose on a point of order and submitted that the Minister of Finance was not speaking to the principle of the Bill under consideration. Mr. Speaker reminded all Members to limit debate to the principle of the Bill. At 12.30 o’clock p.m., Mr. Speaker left the chair to resume again at 2 o’clock p.m. 192 52 - 53 Elizabeth II, 2003 - 2004 April 21

2 o’clock p.m. Mr. Speaker resumed the chair. Debate continued on the motion for second reading of Bill 42. And the debate being ended, and the question being put that Bill 42 be now read a second time, the motion was negatived on the following recorded division: YEAS - 23 Mr. McGinley Mr. Branch Mr. Arseneault Mr. Jamieson Mr. Kennedy Mr. Foran Mr. MacIntyre Mr. Ouellette Mr. Albert Mr. Allaby Ms. Robichaud Mr. A. LeBlanc Mr. S. Graham Mr. Lamrock Mr. Doucet Mr. Haché Mr. Burke Mr. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny NAYS - 24 Hon. Ms. Blaney Hon. Mr. Steeves Hon. Mr. Huntjens Hon. E. Robichaud Hon. Ms. Dubé Mr. Betts Hon. Mr. Volpé Hon. Ms. Poirier Mr. Malley Hon. Mr. Green Hon. Mr. Ashfield Mr. Williams Hon. D. Graham Hon. Mr. Fitch Mr. Carr Hon. Mr. Mockler Hon. Ms. Fowlie Mr. Stiles Hon. Ms. MacAlpine Hon. P. Robichaud Mr. Holder Mr. Sherwood Hon. Mr. Alward Mr. C. LeBlanc

The Order being read for second reading of Bill 43, An Act to Amend the Municipalities Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 43 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 43, An Act to Amend the Municipalities Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 44, Securities Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 44 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 44, Securities Act, was read a second time and ordered referred to the Committee of the Whole House. April 21 Journal of Assembly 193

The Order being read for second reading of Bill 45, An Act to Amend the Quarriable Substances Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 45 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 45, An Act to Amend the Quarriable Substances Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent that Bill 43, An Act to Amend the Municipalities, be taken into consideration in the Committee of the Whole House forthwith.

The House resolved itself into Committee of the Whole with Mr. C. LeBlanc in the chair. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker took the chair as Acting Speaker and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Deputy Speaker revert to the Order of Presentations of Committee Reports, reported: That the Committee had directed him to report the following Bill as agreed to: Bill 43, An Act to Amend the Municipalities Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Deputy Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the Chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned. 194 52 - 53 Elizabeth II, 2003 - 2004 April 22

Thursday, April 22, 2004. 1 o’clock p.m. Prayers. Mr. Williams extended congratulations to Antonine Maillet who was recently decorated with the Ordre National de la Légion d’Honneur by the French ambassador to Canada at a ceremony at the Pays de la Sagouine, Bouctouche, Kent County. Ms. Maillet has long been an ambassador for Acadie.

Ms. Robichaud laid upon the table of the House a petition signed by members of the clam and oyster fishermen’s association who oppose the policy issued by the members of the advisory committee on the eastern New Brunswick commercial clam fishery regarding clam fishing permits. (Petition 30)

Following Oral Questions, Hon. Mr. Green stood on a Point of Order and submitted that the Member for Fredericton-Fort Nashwaak had referred to the Premier by his name and in an unparliamentary manner. Mr. Speaker cautioned Members to refrain from referring to other Members in a negative or disrespectful manner and asked the Member for Fredericton-Fort Nashwaak to withdraw his comments, which he did.

Mr. Boudreau gave Notice of Motion 85 that on Thursday, April 29, 2004, he would move the following resolution, seconded by Ms. Robichaud: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents concerning the minimum/maximum time at school policy under the collective agreement for both the Anglophone and Francophone school systems, including the policy and all correspondence, memoranda, e-mails, faxes, letters, reports, analyses, advice, recommendations, notes, minutes of meetings from January 2002 to the present.

Mr. Boudreau gave Notice of Motion 86 that on Thursday, April 29, 2004, he would move the following resolution, seconded by Ms. Robichaud: April 22 Journal of Assembly 195

That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation relating to the use of PAEs in the budgetary process. This should include the policy and all correspondence, memoranda, e-mails, faxes, letters, reports, analyses, advice, recommendations, notes, minutes of meetings during the current budgetary review process.

Hon. Mr. Green announced that it was the intention of government that following Private Members’ Motions, the House would resolve itself into a Committee of Supply to continue consideration of the estimates of the Department of the Environment and Local Government.

The following Bill was read a third time: Bill 43, An Act to Amend the Municipalities Act. Ordered that the said Bill does pass.

The Order being read for second reading of Bill 46, Child and Youth Advocate Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 46 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 46, Child and Youth Advocate Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 47, Supplementary Appropriations Act 2002-03 (2), a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, Mr. Speaker resumed the chair. And the debate being ended, and the question being put that Bill 47 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 47, Supplementary Appropriations Act 2002-03 (2), was read a second time and ordered referred to the Committee of the Whole House. 196 52 - 53 Elizabeth II, 2003 - 2004 April 22

Pursuant to Notice of Motion 13, Mr. Carr, seconded by Mr. Sherwood, moved: WHEREAS in its election platform entitled “Reaching Higher. Going Further,”, the government committed that New Brunswick will have even more funding directed to health and senior care; and WHEREAS in “Reaching Higher. Going Further,’” the government committed that New Brunswick will have more doctors and nurses than ever before; and WHEREAS in “Reaching Higher. Going Further,” the government committed that New Brunswick will have shorter wait times for key services; BE IT THEREFORE RESOLVED that the Legislative Assembly encourage the government of New Brunswick to continue to deliver better health care to the people of New Brunswick. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, Mr. MacIntyre, seconded by Mr. Lamrock, moved in amendment: AMENDMENT That Motion 13 be amended in the resolution clause by deleting the words “continue to”. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts took the chair as Acting Speaker. And after some further time, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Mr. Speaker resumed the chair. And the debate being ended and the question being put, the amendment was negatived. And the question being put, Motion 13 was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the Chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert April 22 Journal of Assembly 197 to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned. 198 52 - 53 Elizabeth II, 2003 - 2004 April 23

Friday, April 23, 2004. 10 o’clock a.m. Prayers. Mr. Boudreau gave Notice of Motion 87 that on Thursday, April 29, 2004, he would move the following resolution, seconded by Mr. Paulin: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents relating to the literacy specialists in both the Anglophone and Francophone school systems, including the policy and all correspondence, memoranda, e-mails, faxes, letters, reports, analyses, advice, recommendations, notes, minutes of meetings since the announcement of the Premier’s Quality Learning Agenda to the present.

Mr. Boudreau gave Notice of Motion 88 that on Thursday, April 29, 2004, he would move the following resolution, seconded by Mr. Paulin: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents concerning the provincial education Review (school evaluation system) in both the Francophone and Anglophone school systems including all correspondence, memoranda, e-mails, faxes, letters, reports, analyses, advice, recommendations, notes, minutes from its inception to the present.

Hon. Mr. Green announced that it was the intention of government that the House resolve itself into a Committee of Supply to continue consideration of the estimates of the Department of the Environment and Local Government, followed by the Royal Assent Ceremony at 4 o’clock p.m.

With unanimous consent of the House, it was agreed to vary the hours of sitting, to recess at 12.30 o’clock, to resume at 1 o’clock p.m., and to adjourn following the Royal Assent Ceremony.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 12.30 o’clock p.m., the Chairman left the chair, to return at 1 o’clock p.m. April 23 Journal of Assembly 199

1 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, the Honourable the Premier welcomed to the Assembly Mr. Philippe Guelluy, the French Ambassador to Canada, and Mr. Michel Freymuth, Consul General of France for the Atlantic Provinces. And after some time, Mr. Holder, took the chair. And after some further time, Mr. Speaker resumed the Chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne. Mr. Speaker addressed His Honour as follows: May It Please Your Honour: The Legislative Assembly of the Province of New Brunswick has passed a Bill at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent. The Clerk Assistant then read the title of the Bill as follows: Bill 43, An Act to Amend the Municipalities Act. His Honour signified His Assent as follows: It is the Queen’s wish. La reine le veut. To this Bill, His Honour’s assent was announced by the Clerk Assistant of the Legislative Assembly in the following words: In Her Majesty’s name, His Honour the Lieutenant-Governor assents to this Bill, enacting the same and ordering it to be enrolled. His Honour then retired and Mr. Speaker resumed the chair.

And then, 4.15 o’clock p.m., the House adjourned. 200 52-53 Elizabeth II, 2003 - 2004 May 4

Tuesday, May 4, 2004. 1 o’clock p.m. Prayers Mr. Speaker informed the House of the success of the 15th Annual Student Legislative Seminar, which was held from April 30 to May 2, 2004, noting that the Model Parliament was, for the first time, opened with a Speech from the Throne by the Lieutenant-Governor, His Honour Herménégilde Chiasson.

Mr. Betts, Member for Moncton Crescent, laid upon the table of the House a petition on behalf of residents of Moncton urging the govern- ment to establish a Cath Lab at the Moncton Hospital. (Petition 31)

Mr. Kenny, Member for Bathurst, laid upon the table of the House a petition on behalf of residents of the Bathurst area expressing their opposition to the new policy established last year of putting male and female patients in the same hospital room. (Petition 32)

Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition on behalf of residents of St.-Arthur, urging the government to rebuild Highway 257 in their community. (Petition 33)

The following Private Bills were introduced and read a first time: By Mr. Holder, Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation Canada Limited. By Mr. Betts, Bill 49, An Act to Amend the Pension Plan for Employees of the City of Moncton. Ordered that the said Bills be referred to the Standing Committee on Private Bills.

Hon. Mr. Green announced that it was the intention of government that following Private Members’ Motions, the House would resolve itself into a Committee of the Whole to take into consideration Bills 31, 20, 35, 32, 36, 33, 34, and 30.

Pursuant to Notice of Motion 4, Mr. S. Graham, seconded by Mr. Murphy moved: May 4 Journal of Assembly 201

WHEREAS under the current system of assessment for nursing home care all that the family has earned and saved over the years will be assessed and used to keep the resident in the nursing home; WHEREAS the remaining spouse will be left with nothing but the family house and a bare, poverty level pension; WHEREAS this is a serious worry for many New Brunswickers; BE IT THEREFORE RESOLVED that this legislature urge the government to change the policy from an asset-based test to an income-based test when determining support for nursing home care. BE IT FURTHER RESOLVED that this legislature urge the government to review the exemptions allowable to the home-based spouse so as not to force liquidation of assets. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker took the chair as Acting Speaker. And the debate being ended, and the question being put, Motion 4 was negatived on the following recorded decision:

YEAS - 19 Mr. McGinley Ms. Robichaud Mr. Albert Mr. Jamieson Mr. Lamrock Mr. A. LeBlanc Mr. Allaby Mr. Murphy Mr. Paulin Mr. Landry Mr. Kenny Mr. Doucet Mr. Branch Mr. Arseneault Mr. Boudreau Mr. Kennedy Mr. Foran Mr. Brewer Mr. Ouellette NAYS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. Mr. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

Mr. MacIntyre gave Notice of Motion 89 that on Thursday, May 11, 2004, he would move the following resolution, seconded by Mr. Lamrock: 202 52-53 Elizabeth II, 2003 - 2004 May 4

That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House a list of all positions eliminated in the Department of Health and Wellness and a description of those positions since April 1, 2004.

Mr. Arseneault gave Notice of Motion 90 that on Thursday, May 6, 2004, he would move the following resolution, seconded by Mr. Lamrock: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House a list of any appointments authorized by the Deputy Minister of the Office of Human Resources under the auspices of sections 15 and/or 16 of the Civil Service Act since June 1, 2003.

Mr. Arseneault gave Notice of Motion 91 that Thursday, May 6, 2004, he would move the following resolution, seconded by Mr. Lamrock: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House a list of any positions that were vacant in Part I of the Civil Service as of April 1, 2004.

Mr. Speaker advised the House that Notices of Motions 89, 90 and 91 would be set over until Tuesday, May 11, 2004 to allow two clear sitting days as required by the Standing Rules of the House.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that he had been directed to report the following Bills as agreed to: Bill 20, An Act Respecting Administrative Matters in Various Corporate Acts. Bill 35, An Act to Amend the Assessment Act. That he had been directed to report the following Bill as agreed with amendments: Bill 31, An Act to Amend the Employment Standards Act. May 4 Journal of Assembly 203

And that he had been directed to report progress on the following Bill: Bill 32, An Act to Amend the Custody and Detention of Young Persons Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned. 204 52 - 53 Elizabeth II, 2003 - 2004 May 5

Wednesday, May 5, 2004. 10 o’clock a.m. Prayers. Mr. Holder welcomed to the House Mr. René (Pepsi) Landry, Progressive Conservative Member for the constituency of Moncton North (1999-2003).

During Oral Questions, Mr. Speaker interrupted proceedings to remind Members to address all questions and answers through the Chair and to cease speaking when the Speaker is standing.

Hon. D. Graham announced that it was the intention of the government that following third reading the House would resolve itself into Committee of Supply to consider the estimates of the Department of Education.

The following Bills were read a third time: Bill 20, An Act Respecting Administrative Matters in Various Corporate Acts. Bill 31, An Act to Amend the Employment Standards Act. Bill 35, An Act to Amend the Assessment Act. Ordered that said Bills do pass.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, the Chairman declared it to be 12.30 o’clock p.m., and left the chair, to resume again at 2 o’clock p.m. 2 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Holder took the chair as Chairman. And after some further time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. May 5 Journal of Assembly 205

Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were laid upon the table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 80 April 22, 2004 Documents requested in Notice of Motion 76, 83 April 29, 2004 Documents requested in Notice of Motion 75 April 30, 2004 Documents requested in Notice of Motion 79, 81 May 4, 2004 206 52 - 53 Elizabeth II, 2003 - 2004 May 6

Thursday, May 6, 2004. 1 o’clock p.m. Prayers. Mr. Speaker made the following statement to the House: STATEMENT BY SPEAKER Before beginning today’s deliberations, honourable members, I want to correct a comment that I made and that was reported in The Daily Gleaner on May 6, 2004, where it is reported that “House Speaker Bev Harrison, who chairs the committee, said Graham never told the committee he was resigning because he felt uncomfortable about the deliberations.” That is the quote. As honourable members are aware, the meetings of the Legislative Administration Committee are held in camera; therefore, as chair of the committee, I am not in a position to divulge any statements made by a committee member during in camera deliberations. Therefore, any statements that are purported to have been made by me, and have been reported in the media, are incorrect insofar as they relate to the proceedings of the committee. What I can advise this House is that as chair of the Legislative Administration Committee, I meant to say that the Leader of the Opposition did not communicate to me personally, as chair, prior to the meeting, the reason for his resigning from the committee, as statements made directly to the committee by any member are confidential.

Hon. D. Graham announced that following Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to resume consideration of the estimates of the Department of Education.

Pursuant to Notice of Motion 5, Mr. S. Graham moved, seconded by Mr. MacIntyre: WHEREAS the ceiling levels for transfers for coverage of the cost of prescription drugs from the provincial Prescription Drug Program for seniors to the Blue Cross plan for seniors were established in 1992 to be $17 198 for a single senior and $26 955 for married seniors and have remained at that level; AND WHEREAS inflation over the years reduces the purchasing power of seniors’ earnings; May 6 Journal of Assembly 207

AND WHEREAS the government has recognized this in its provincial income tax legislation with a provision to prevent “bracket creep”; BE IT THEREFORE RESOLVED that the Legislative Assembly ask the government to examine the feasibility of making an adjustment to this ceiling in the coming year to reflect the above index of inflation in the intervening years; BE IT FURTHER RESOLVED that the Legislative Assembly ask the government to consider adopting a policy that would automatically adjust the ceilings for the provincial Prescription Drug Program based on an appropriate index of inflation to prevent bracket creep from imposing hardship on seniors. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.

And after some further time, Mr. Lamrock rose on a question of privilege concerning the Speaker of the House and gave notice of his intention, pursuant to Standing Rule 9(2), to move the following motion, seconded by Mr. McGinley: THAT the member for Hampton-Belleisle, the Speaker of the Legislative Assembly, be suspended from the position of Speaker of this House until such time as the Standing Committee on Privileges has investigated the allegations that the Speaker has, by acting in a manner inconsistent with the neutrality of his office, breached the privileges of the House. Mr. C. LeBlanc, the Deputy Speaker informed the House that the matter would be dealt with two hours hence.

Debate resumed on Motion 5 and after some time, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And the debate being ended, and the question being put, Motion 5 was negatived.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 4.27 o’clock p.m. the Chairman declared a recess and left the chair. 208 52 - 53 Elizabeth II, 2003 - 2004 May 6

4.29 o’clock p.m. The Committee resumed with Mr. Holder in the chair. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, resumed the chair as Acting Speaker, and Mr. Holder, the Chairman, after requesting that Mr. Deputy Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Deputy Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

Mr. Deputy Speaker delivered the following ruling with respect to the Question of Privilege raised earlier in the sitting by the Member for Fredericton Fort-Nashwaak: STATEMENT BY DEPUTY SPEAKER Earlier in the sitting, the Member for Fredericton Fort- Nashwaak stood to give notice of his intention to raise a question of privilege concerning the Speaker of this House. Honourable Members, the parliamentary authorities are clear—the actions of the Speaker are not to be criticized in debate, or by any other means, except by way of substantive motion. This is confirmed at pages 332-333 of Erskine May, 22nd Edition, pages 106-108 of La Procédure Parlementaire du Québec, 2e édition, and at page 266 of Marleau and Monpetit’s House of Commons Procedure and Practice. It is not in order to raise questions concerning the Speaker by means of raising a question of privilege. Indeed, remarks directed towards the Speaker in this way may themselves be seen as constituting an attack on the authority and impartiality of the Chair and are strictly out of order. Honourable Members, the Speaker made a statement to the House at the beginning of this sitting day concerning and clarifying his remarks to the press. As I have stated, it is not now in order to raise this matter as a question of privilege and accordingly I will not allow it to go forward. May 6 Journal of Assembly 209

The House, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then 6 o’clock p.m. the House adjourned. 210 52 - 53 Elizabeth II, 2003 - 2004 May 7

Friday, May 7, 2004. 10 o’clock a.m. Prayers Mrs. Dubé, Minister of Education and MLA for Edmundston, laid upon the table of the House a petition on behalf of residents of the northwestern region of the province expressing opposition to the proposal by Bennett Environmental to incinerate at Belledune con- taminated soil from as far away as Texas and their opposition to the transportation of such contaminated materials across the province. (Petition 34)

Mr. Sherwood, from the Standing Committee on Private Bills, presented the First report of the Standing Committee on Private Bills, which was read and is as follows: May 7, 2004. To The Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: Your Standing Committee on Private Bills begs leave to submit this, their First Report of the session. Your Standing Committee on Private Bills met in an organizational session on August 6, 2003. On motion of Mr. Holder, Mr. Sherwood was elected Chairman. On motion of Mr. Holder, Mr. Betts was elected Vice-Chairman. Your Committee met again on May 4, 2004, in the Legislative Council Chamber and had under consideration: Bill 40, An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists, which it recommends to the favourable consideration of the House with certain amendments. Your Committee also had under consideration: Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists, which it recommends to the favourable consideration of the House. And your Committee begs leave to make a further report. I move, seconded by Mr. Betts, that the report be concurred in by the House. (Sgd.:) Milt Sherwood, MLA. Chairman. May 7 Journal of Assembly 211

Mr. Speaker put the question on the motion of concurrence in the Report of the Committee and it was resolved in the affirmative.

Mr. S. Graham gave Notice of Motion 92 that on Thursday, May 13, 2004, he would move the following resolution, seconded by Mr. Lamrock: WHEREAS the budget tabled in this House on March 30, 2004, depicted a grave financial situation in New Brunswick; WHEREAS the Government has announced that 750 job cuts will be forthcoming in the Civil Service; WHEREAS Members of the Legislative Assembly are also in the service of the public, and; WHEREAS there has been a 2.5% increase in the salaries of MLAs and increases in the per diem rate for committee work; BE IT RESOLVED THAT this House overturn the decision of the Legislative Administration Committee taken on December 18, 2003, with respect to committee pay for Members of the Legislative Assembly; BE IT FURTHER RESOLVED THAT the 2.5 % wage increase on MLAs base salary be rolled back, and; BE IT FURTHER RESOLVED THAT this House urge the Government to establish a Commission made up of academics and members of the private sector that shall be charged with determining future rates of remuneration for Members of the Legislative Assembly.

Mr. S. Graham requested the unanimous consent of the House to dispense with notice and debate the resolution at today’s sitting of the House, which was denied.

Hon. Mr. Green announced that it was the intention of government that the House resolve itself into a Committee of Supply to consider the estimates of the Department of Education.

The House, according to order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time spent therein, it was agreed by unanimous consent to recess the House between 12.30 o’clock p.m. to 1.30 o’clock p.m. and to adjourn at 3 o’clock p.m. 212 52 - 53 Elizabeth II, 2003 - 2004 May 7

And after some further time, the Chairman left the chair to resume at 1 o’clock p.m. 1 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some further time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 3 o’clock p.m., the House adjourned. May 11 Journal of Assembly 213

Tuesday, May 11, 2004. 1 o’clock p.m. Prayers Mr. S. Graham offered condolences to the families of Maurice Belliveau, Yves LeBlanc, Gaston Richard and Joline Richard, who lost their lives on May 9 in a tragic automobile accident near Bouctouche. Mr. Williams joined with the Leader of the Opposition in this regard. The House observed a moment of silence in memory of the four young New Brunswickers.

Hon. Mr. Huntjens welcomed to the Chamber His Excellency Jacques Van Hellenberg Hubar, The Ambassador of the Netherlands; Albert E. Moses, Consul General of the Netherlands; and Terrence Morrison, Honorary Consul General for the Netherlands.

Hon. P. Robichaud announced that it was the intention of government that Private Bills 40 and 41 be read a second time today, and following Private Members’ Motions, the House would resolve itself into a Committee of Supply to resume consideration of the estimates of the Department of Education.

The following Private Bills were read a second time: Bill 40, An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists. Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists.

Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bills 40 and 41 for third reading forthwith. The following Private Bills were read a third time: Bill 40, An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists. Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists. Ordered that the said Bills do pass.

Pursuant to Notice of Motion 6, Mr. S. Graham moved the following resolution, seconded by Mr. Branch: WHEREAS northeastern New Brunswick has an economic development deficit compared to the rest of the province; 214 52 - 53 Elizabeth II, 2003 - 2004 May 11

WHEREAS the unemployment rate, especially the seasonal unem- ployment rate, is very high in the northeastern part of the province; WHEREAS the northeastern part of the province is experiencing an exodus of young people from the area, who leave to attend university or to pursue better job opportunities; WHEREAS the region is plagued by the imminent closing of the Noranda mine; WHEREAS improved road infrastructure is vital to the economy of Northern New Brunswick; WHEREAS the enhancement of the capability of the Port of Belledune in its role as the centrepiece of Northeast economic development is widely acknowledged; BE IT THEREFORE RESOLVED that the Legislature urge the government to pursue the establishment of a Northeast New Brunswick Economic Development Strategy in cooperation with the Government of Canada to grow the region’s economy. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Hon. Mr. Mesheau, seconded by Hon. E. Robichaud, moved in amendment: AMENDMENT That Motion 6 be amended by: In the BE IT THEREFORE RESOLVED clause, delete the words “urge the government to pursue” and replace them with the words “congratulate the government for pursuing” And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Carr took the chair as Acting Speaker. And after some further time, Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker. And the debate continuing, after some time, Mr. Holder, the Deputy Speaker, interrupted proceedings calling for order and referring Mem- bers to Standing Rule 20(1) which permits the Speaker to order any Members whose conduct is grossly disorderly to withdraw immedi- ately from the House during the remainder of that day’s sitting. May 11 Journal of Assembly 215

Debate continued on the proposed amendment to Motion 6, and after some time, Mr. Speaker resumed the chair. And the debate being ended, and the question being put, the amendment was carried. Mr. Speaker put the question on Motion 6 as amended as follows: WHEREAS northeastern New Brunswick has an economic development deficit compared to the rest of the province; WHEREAS the unemployment rate, especially the seasonal unem- ployment rate, is very high in the northeastern part of the province; WHEREAS the northeastern part of the province is experiencing an exodus of young people from the area, who leave to attend university or to pursue better job opportunities; WHEREAS the region is plagued by the imminent closing of the Nordanda mine; WHEREAS improved road infrastructure is vital to the economy of Northern New Brunswick; WHEREAS the enhancement of the capability of the Port of Belledune in its role as the centrepiece of Northeast economic development is widely acknowledged; BE IT THEREFORE RESOLVED that the Legislative Assembly con- gratulate the government for pursuing the establishment of a North- eastern New Brunswick economic development strategy in cooperation with the Government of Canada, to develop the region’s economy. And the question being put, Motion 6 as amended was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Williams took the chair as Chairman. And after some further time, Mr. Speaker resumed the chair and Mr. Williams, the Chairman, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned. 216 52 - 53 Elizabeth II, 2003 - 2004 May 12

Wednesday, May 12, 2004. 10 o’clock a.m. Prayers The following Bill was introduced and read a first time: By Mr. S. Graham, Bill 50, Public Trustee Act. Ordered that the said Bill be read a second time at the next sitting.

Mr. Branch gave Notice of Motion 93 that on Tuesday, May 18, 2004, he would move the following resolution, seconded by Ms. Robichaud: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documents pertaining to the Order in Council 2004-121 dealing with the withdrawal of lands from prospecting and staking out for minerals except coal and potash in the Bathurst mining camp and dealing with the authorization of the working, prospecting and mineral exploration of the lands in the Bathurst mining camp withdrawn from prospecting and staking out by Noranda Inc. and Slam Exploration Ltd., including all correspondence, letters, memorandums, e-mails, faxes, reports, analyses, research, advice, recommendations and exploration fees and any other fees from January 1st, 2003 to May 13th, 2004.

Hon. P. Robichaud announced that it was the intention of government that the House resolve itself into a Committee of Supply to continue consideration of the estimates of the Department of Education.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. And then, 12.30 o’clock p.m., the Chairman left the chair to resume at 2 o’clock p.m. 2 o’clock p.m. The Committee resumed with Mr. Betts in the chair as Acting Chairman. And after some time, Mr. Holder resumed the chair. May 12 Journal of Assembly 217

And after some further time spent in Committee of Supply, Mr. Speaker resumed the chair. Pursuant to Standing Rule 34(1), Mr. Lamrock moved the following resolution: THAT the House continue to sit past the ordinary hour of adjournment for the purpose of continuing consideration of the estimates of the Department of Education in the Committee of Supply. Mr. Speaker put the question, and pursuant to Standing Rule 34(2), five Members then rising in their places, the motion was deemed to have been withdrawn. Mr. Holder, the Chairman, then reported that the Committee of Supply had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were laid upon the table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 85 May 7, 2004 Documents requested in Notices of Motions 86, 90 May 11, 2004 218 52 - 53 Elizabeth II, 2003 - 2004 May 13

Thursday, May 13, 2004. 1 o’clock p.m. Prayers Mr. Speaker advised that this was the last day in the House for Head Page Melissa MacKinley who had accepted other summer employment and that Eric Moffat would serve as Head Page.

Hon. P. Robichaud announced it was the intention of government that following second reading and Private Members’ Motions, the House would resolve itself into a Committee of the Whole to consider Bills 30, 14, 29 and 34.

The Order being read for second reading of Bill 50, Public Trustee Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, with the leave of the House, Mr. Malley welcomed to the House His Worship John McKay, Mayor-elect of Miramichi City, Liberal MLA for Miramichi-Newcastle (1974-1982; 1987-1995), for Miramichi Centre (1995-1999), Speaker of the Legislative Assembly (1997-1999), and his wife Sandra McKay. Debate continued on the motion for second reading of Bill 50. And the debate being ended, and the question being put that Bill 50 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 50, Public Trustee Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent that Motions 10, 14, 52, 60, 73, 75, 76, 79, 80, 81, 83, 85, 86, and 90 be withdrawn.

Pursuant to Notice of Motion 15, Mr. Williams, seconded by Mr. Betts, moved the following resolution: WHEREAS Canadian Premiers and Territorial Leaders have unanimously reiterated their call for the federal government to increase its efforts to become a more meaningful partner in the renewal of health care in Canada; and WHEREAS recent polls indicate that Canadians are concerned about current levels of federal health care funding and the effect of its inadequacy on services now and in the future; and May 13 Journal of Assembly 219

WHEREAS the funding arrangements announced by the Prime Minister on February 5 did not adequately address Canadians’ need for a sustainable health care funding partnership, as called for by the federal Commission on the Future of Health Care in Canada; and WHEREAS the federal government remains in a strong fiscal position and clearly has the capacity to honour its pledge to Canadians now; BE IT THEREFORE RESOLVED THAT the Legislative Assembly show its support for better health care in New Brunswick by asking the federal government to increase funding by $2 billion in 2003-04, $3 billion in 2004-05, and by 1% per year after that, until the federal share reaches 25% of provincial/territorial health and social expenditures. And the question being put, a debate ensued. And after some time, Mr. Allaby, seconded by Mr. Lamrock, moved in amendment: AMENDMENT THAT Motion 15 be amended by: Adding after the final WHEREAS clause, the following: “WHEREAS the Final Report of the Commission on the Future of Health Care in Canada provided a plan for an equitable funding arrangement between the federal government and the provinces and territories;” And by striking everything in the BE IT RESOLVED clause after “New Brunswick” and replacing it with the following: “by endorsing the provisions of the Final Report of the Commission on the Future of Health Care in Canada and by asking the federal government to provide funding according to the provisions of that report.” And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some time, subsequent to a number of points of order being raised, Mr. C. LeBlanc, the Deputy Speaker, cautioned Members to refrain from referring to the absence or presence of Members in the House. And after some further time, Hon. E. Robichaud, seconded by Hon. Mr. Volpé, moved the following sub-amendment: 220 52 - 53 Elizabeth II, 2003 - 2004 May 13

SUB-AMENDMENT That the amendment to Motion 15 be amended by: At the end of the proposed amendment by adding the words “at a minimum; and more precisely by increasing the annual base funding by $2 billion immediately and by additional amounts in subsequent years such that the federal funding share reaches 25% of provincial/ territorial health and social expenditures by 2009-2010.” And the question being put, a debate ensued. In accordance with Standing Rule 44(2.2), Mr. C. LeBlanc, the Deputy Speaker, interrupted the debate and recognized Mr. Williams to close the debate on Motion 15. And after some further time, Mr. Speaker resumed the chair. And the debate being ended and the question being put on the sub- amendment, it was resolved in the affirmative. Mr. Speaker put the question on the amendment as amended and it was carried. Mr. Speaker put the question on Motion 15 as amended as follows: WHEREAS Canadian Premiers and Territorial Leaders have unanimously reiterated their call for the federal government to increase its efforts to become a more meaningful partner in the renewal of health care in Canada; and WHEREAS recent polls indicate that Canadians are concerned about current levels of federal health care funding and the effect of its inadequacy on services now and in the future; and WHEREAS the funding arrangements announced by the Prime Minister on February 5 did not adequately address Canadians’ need for a sustainable health care funding partnership, as called for by the federal Commission on the Future of Health Care in Canada; and WHEREAS the federal government remains in a strong fiscal position and clearly has the capacity to honour its pledge to Canadians now; WHEREAS the final Report of the Commission on the Future of Health Care in Canada provided a plan for an equitable funding arrangement between the federal government and the provinces and territories; BE IT THEREFORE RESOLVED that the Legislative Assembly show its support for better health care in New Brunswick by endorsing the provisions of the Final Report of the Commission on the Future of Health Care in Canada and by asking the federal government to May 13 Journal of Assembly 221 provide funding according to the provisions of that report at a minimum; and more precisely by increasing the annual base funding by $2 billion immediately and by additional amounts in subsequent years such that the federal funding share reaches 25% of provincial/ territorial heath and social expenditures by 2009-2010. And the question being put, Motion 15 as amended was carried.

The House resolved itself into Committee of the Whole with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Reports, reported: That the Committee had directed him to report the following Bills as agreed to: Bill 14, An Act to Amend the Mental Health Act. Bill 29, An Act to Amend the Mental Health Act. Bill 30, An Act to Amend the Medical Services Payment Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned. 222 52 - 53 Elizabeth II, 2003 - 2004 May 14

Friday, May 14, 2004. 10 o’clock a.m. Prayers Hon. P. Robichaud announced that following third reading, it was the intention of government that the House resolve itself into a Committee of Supply to consider the estimates associated with the Office of the Premier.

With the unanimous consent of the House, it was agreed to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 1 o’clock p.m. and to adjourn at 4.30 o’clock p.m.

Mr. Burke rose on a point of order and requested that the Minister of Public Safety withdraw an unparliamentary gesture. Mr. Speaker informed the House that he did not witness the gesture; however, he cautioned all Members against the use of unparliamentary language.

The following Bills were read a third time: Bill 14, An Act to Amend the Mental Health Act. Bill 29, An Act to Amend the Mental Health Act. Bill 30, An Act to Amend the Medical Services Payment Act. Ordered that the said Bills do pass.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 11.18 o’clock a.m., the Chairman declared a recess and left the chair. 11.25 o’clock a.m. The Committee resumed with Mr. C. LeBlanc in the chair. And then, 12.30 o’clock p.m., the Chairman left the chair to resume at 1 o’clock p.m. 1 o’clock p.m. At 1.20 o’clock p.m., the Chairman declared a recess and left the chair. 1.20 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to the order of Presentations of Committee Reports, reported May 14 Journal of Assembly 223 that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker, then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004 - 2005 ORDINARY ACCOUNT OFFICE OF THE PREMIER Resolved, That there be granted to Her Majesty a sum not exceeding $1,051,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Administration ...... 1,107,000 Less amounts authorized by law ...... 56,000 Voted ...... 1,051,000 REGIONAL DEVELOPMENT CORPORATION Resolved, That there be granted to Her Majesty a sum not exceeding $41,069,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Development Projects and Operations ...... 41,069,000 Less amounts authorized by law ...... 0 Voted ...... 41,069,000 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following programs: Premier’s Council on the Status of Disabled Persons ...... 256,000 New Brunswick Advisory Council on Youth ...... 147,000 Communications New Brunswick ...... 1,640,000 Commission on Legislative Democracy ...... 820,000 CAPITAL ACCOUNT REGIONAL DEVELOPMENT CORPORATION Resolved, That there be granted to Her Majesty a sum not exceeding $14,845,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Capital Development Projects ...... 320,000 Canada-New Brunswick Infrastructure Program ...... 14,525,000 The said items were concurred in by the House.

And then, 4.35 o’clock p.m., the House adjourned. 224 52 - 53 Elizabeth II, 2003 - 2004 May 18

Tuesday, May 18, 2004. 1 o’clock p.m. Prayers Mr. Lamrock congratulated Head Page Eric Moffatt on the occasion of his being chosen valedictorian by his classmates at UNB.

Mr. Haché laid upon the table of the House a petition signed by residents of the Jacquet River and Belledune area urging the government to keep the Jacquet River Maintenance Depot garage open to serve the surrounding area. (Petition 35)

Hon. Mr. Mockler welcomed to the House Jacob Daboué, Raphäel Kompaoré, and Michel Zio, members of a delegation from Burkina Faso.

Mr. MacIntyre gave Notice of Motion 94 that on Tuesday, May 25, 2004, he would move the following resolution, seconded by Mr. Ouellette: WHEREAS access to health care is the most important concern facing New Brunswickers; WHEREAS the Premier’s Health Quality Council report was made public in January 2002 and the government has yet to bring forward a Health Services Plan; WHEREAS the contents of the Health Services Plan will impact all New Brunswickers; WHEREAS this government claims to be committed to “openness” and “transparency”; WHEREAS the New Brunswick Medical Society has called upon Premier Lord to release the Health Services Plan and refer it to the Select Committee on Health Care; BE IT THEREFORE RESOLVED that this Legislative Assembly urge the government to release the Health Services Plan immediately; BE IT FURTHER RESOLVED that the Health Services Plan be referred to the Select Committee on Health Care with a limited timeframe for receiving public input in particular ensuring that front-line health professionals are consulted.

Hon. P. Robichaud announced it was the intention of government that following Private Members’ Motions, the House would resolve May 18 Journal of Assembly 225 itself into a Committee of Supply to consider the estimates of the Department of the Environment and Local Government.

With leave of the House, pursuant to Notice of Motion 7, Ms. Robichaud on behalf of Mr. S. Graham, seconded by Mr. Lamrock, moved the following resolution: WHEREAS the testing of New Brunswick students in both the francophone and anglophone systems over many years has consistently shown evidence that there is room for improvement; WHEREAS research demonstrates that improved student-teacher ratios in the early years have a beneficial effect on academic performance; BE IT RESOLVED that the Legislative Assembly urge the Minister of Education to improve ratios in kindergarten to grade three by reducing average class size by one student per year over four years; BE IT FURTHER RESOLVED that the Legislature urge the Minister of Education to improve the student/teacher ratio of resource teachers to students in each school district. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, Hon. Ms. Dubé, seconded by Hon. Ms. Blaney, moved in amendment: AMENDMENT THAT Motion 7 be amended by: In the first resolution clause, by adding the words “to explore ways” after the word “Education”, and by deleting the words “by reducing average class size by one student per year over four years;” and In the second resolution clause, by adding the words “to explore ways” after the word “Education”. And the question being put, a debate ensued. And after some time, Mr. Speaker resumed the chair. And the debate being ended and the question being put on the amendment, the amendment was carried. Mr. Speaker put the question on Motion 7 as amended as follows: WHEREAS the testing of New Brunswick students in both the francophone and anglophone systems over many years has consistently shown evidence that there is room for improvement; 226 52 - 53 Elizabeth II, 2003 - 2004 May 18

WHEREAS research demonstrates that improved student-teacher ratios in the early years have a beneficial effect on academic performance; BE IT RESOLVED that the Legislative Assembly urge the Minister of Education to explore ways to improve ratios in kindergarten to grade three; BE IT FURTHER RESOLVED that the Legislature urge the Minister of Education to explore ways to improve the student/teacher ratio of resource teachers to students in each school district. And the question being put, Motion 7 as amended was carried.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 4.25 o’clock p.m., the Chairman declared a recess and left the chair. 4.45 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

With leave of the House, Hon. E. Robichaud delivered a ministerial statement relating to the employment status of Mr. Jim Wolstenholme, Chief Executive Officer of the Miramichi Regional Health Authority (Region 7).

The House resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. May 18 Journal of Assembly 227

Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT DEPARTMENT OF THE ENVIRONMENT AND LOCAL GOVERNMENT Resolved, That there be granted to Her Majesty a sum not exceeding $55,162,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Corporate Services ...... 4,300,000 Local Government and Community Relations ...... 38,464,000 Environmental Management ...... 6,754,000 Sciences and Planning ...... 5,681,000 Less amounts authorized by law ...... 37,000 Voted ...... 55,162,000

CAPITAL ACCOUNT DEPARTMENT OF THE ENVIRONMENT AND LOCAL GOVERNMENT Resolved, That there be granted to Her Majesty a sum not exceeding $1,450,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Clean Water Control Grants ...... 500,000 Local Service Districts ...... 500,000 Provincial Wastewater Treatment Facilities ...... 450,000 Voted ...... 1,450,000

WORKING CAPITAL - MAXIMUM BALANCES 2004-2005 Voted WORKING CAPITAL ADVANCES Environment and Local Government ...... 20,000 PETTY CASH ADVANCES Environment and Local Government ...... 20,000

The said items were concurred in by the House.

And then, 6 o’clock p.m., the House adjourned. 228 52 - 53 Elizabeth II, 2003 - 2004 May 19

Wednesday, May 19, 2004. 10 o’clock a.m. Prayers Mr. Malley introduced Paul Dawson, Progressive Conservative MLA for Miramichi-Newcastle (1982-1987) who served as Minister of Commerce and Development and Minister of Income Assistance.

Mr. Malley laid upon the table of the House a petition signed by residents of the Miramichi area urging the government not to close any beds, downgrade any services, jobs or departments in Region 7 Hospital Authority and to maintain the status quo. (Petition 36)

Mr. Foran laid upon the table of the House a petition signed by residents of the Miramichi area urging the government not to close any beds, downgrade any services, jobs or departments in Region 7 Hospital Authority and to maintain the status quo. (Petition 37)

Ms. Robichaud laid upon the table of the House a petition signed by residents of the Miramichi area urging the government not to close any beds, downgrade any services, jobs or departments in Region 7 Hospital Authority and to maintain the status quo. (Petition 38)

Mr. Brewer laid upon the table of the House a petition signed by residents of the Miramichi area urging the government not to close any beds, downgrade any services, jobs or departments in Region 7 Hospital Authority and to maintain the status quo. (Petition 39)

Mr. Allaby gave Notice of Motion 95 that on Tuesday, May 25, 2004, he would move the following resolution, seconded by Mr. MacIntyre: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table a copy of the Accountability Framework established under Section 7 of the Regional Health Authorities Act.

Mr. Doucet gave Notice of Motion 96 that on Tuesday, May 25, 2004, he would move the following resolution, seconded by Mr. Foran: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the May 19 Journal of Assembly 229

House all contracts, agreements, memorandums of understanding, leases, between the province and Enbridge Gas pertaining to the marketing and the distribution of natural gas in New Brunswick from July 1st, 1999 to May 18th, 2004.

Hon. P. Robichaud announced it was the intention of government that the House resolve itself into a Committee of Supply to consider the estimates of the Office of Human Resources.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. At 11.30 o’clock a.m., the Chairman declared a recess and left the chair. 11.50 o’clock a.m. The Committee resumed with Mr. Holder in the chair. At 12.30 o’clock p.m., the Chairman left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

Ms. Weir, the Member for Saint John Harbour, rose on a Point of Order concerning statements made by the Minister of Health and Wellness, Hon. E. Robichaud in relation to the CEO of the Miramichi Regional Health Authority and invited the Minister to correct the record to indicate that Mr. Wolstenholme had not resigned but was in fact fired, so as not to mislead the House. Hon. E. Robichaud spoke on the Point of Order and maintained that the CEO had signed a resignation paper, with an agreement on a severance package. 230 52 - 53 Elizabeth II, 2003 - 2004 May 19

Ms. Weir rose and claimed that the Minister had lied to the House by maintaining that the CEO of the Miramichi Regional Health Authority had resigned. Hon. E. Robichaud rose on a Point of Order and submitted that the words used by the Member for Saint John Harbour were not appropriate. Mr. Speaker immediately called the Member for Saint John Harbour to order and requested that she withdraw the unparliamentary words. The Member for Saint John Harbour refused to withdraw the comment. Mr. Speaker advised that the remarks made by the Member for Saint John Harbour were in violation of the rules of the House respecting unparliamentary language and offered the Member a further opportunity to withdraw the offensive remark. The Member again refused to withdraw the remark. Following a third request and refusal to withdraw the remark, Mr. Speaker ordered, pursuant to the provisions of Standing Rule 20(1), that the Member for Saint John Harbour withdraw immediately from the House for the remainder of the sitting day. The Member for Saint John Harbour withdrew from the House.

The House resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Holder resumed the chair. And after some further time, Mr. C. LeBlanc took the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: May 19 Journal of Assembly 231

MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT OFFICE OF HUMAN RESOURCES Resolved, That there be granted to Her Majesty a sum not exceeding $5,334,000 to defray the expenses of the program allocations for the fiscal year ending the 31st of March, 2005: Human Resource Management ...... 5,371,000 Less amounts authorized by law ...... 37,000 Voted ...... 5,334,000 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following programs: Employee Benefit Plans ...... 32,914,000 Equal Employment Opportunity Program ...... 483,000 New Brunswick Public Service Internship Program ...... 1,397,000 The said items were concurred in by the House.

And then, 6 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 87 May 14, 2004 232 52 - 53 Elizabeth II, 2003 - 2004 May 20

Thursday, May 20, 2004. 1 o’clock p.m. Prayers Mr. Sherwood from the Standing Committee on Private Bills, presented the Second Report of the Committee for the session which was read and is as follows: May 20, 2004. To The Honourable The Legislative Assembly of The Province of New Brunswick. Mr. Speaker: Your Standing Committee on Private Bills begs leave to submit this, their Second Report of the session. Your Committee met on May 18, 2004, in the Legislative Council Chamber and had under consideration: Bill 49, An Act to Amend the Pension Plan for Employees of the City of Moncton Act. which it recommends to the favourable consideration of the House. Your Committee also had under consideration: Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation Canada Limited. and reports that they have made certain progress therein. And your Committee begs leave to make a further report. I move, seconded by Mr. Betts, that the report be concurred in by the House. Milton Sherwood, MLA. Chairman. Mr. Speaker put the question on the motion of concurrence in the Report of the Committee, and it was resolved in the affirmative.

Hon. P. Robichaud rose on a Point of Order and submitted that the Leader of the Opposition had used unparliamentary language. Accordingly, the remarks were withdrawn, at the request of Mr. Speaker. May 20 Journal of Assembly 233

Hon. P. Robichaud announced it was the intention of government that following Private Members’ Motions, the House would resolve itself into a Committee of Supply to consider the estimates of the Department of Finance.

Pursuant to Notice of Motion 8, Mr. S. Graham, seconded by Mr. Murphy, moved the following resolution: WHEREAS one in 500 children is affected by autism; WHEREAS in the case of Auton v. British Columbia, the BC Court of Appeal ruled that British Columbia’s failure to provide effective treatment for a child with autism was a violation of that child’s rights under the Canadian Charter of Rights and Freedoms; WHEREAS the Government of New Brunswick is in possession of the report A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick from the Interdepartmental Committee on Services to Persons with Autism which was completed in November 2001; AND WHEREAS the window of maximum recovery closes each day on New Brunswick children who go without treatment; BE IT THEREFORE RESOLVED that this Legislature urge the government to implement the recommendations of A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick forthwith and immediately. And the question being put, a debate ensued. And after some time, Hon. Mr. Huntjens, seconded by Hon. E. Robichaud, moved in amendment: AMENDMENT THAT Motion 8 be amended by: Adding after the third “WHEREAS” clause, an additional clause that states the following: “WHEREAS government has responded to a number of the key recommendations in the report A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick, through a $2.8 million annual investment which provides funding for evidence- based services for preschool age children, a training initiative to develop provincial capacity to deliver quality services to these children and support to community centers through funding projects and initiatives;” and 234 52 - 53 Elizabeth II, 2003 - 2004 May 20

In the resolution clause, by adding the following words between the words “government” and “to”: “to continue its current investment of $2.8 M annually”. And the question being put, Mr. Lamrock rose on a Point of Order and submitted, citing §568. of Beauchesne’s Parliamentary Rules & Forms, 6th Edition, that the amendment was not in order as it was neither inteligible nor consistent with itself. At 2.45 o’clock p.m., Mr. Speaker stated he would take the matter under advisement and declared a recess and left the chair. 3 o’clock p.m. Mr. Speaker resumed the chair and ruled the amendment to Motion 8 was both relevant to the question on which the amendment was proposed and was consistent as it provided additional information for the House to consider. Accordingly, Mr. Speaker ruled the proposed amendment to Motion 8 to be in order. Mr. Speaker put the question on the proposed amendment and a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. Mr. Lamrock rose on a Point of Order and submitted that the Member for Madawaska-la-Vallée had used unparliamentary language. Mr. Holder, the Deputy Speaker, cautioned all Members against the use of unparliamentary language. And after some time, Mr. Speaker resumed the chair. And the debate being ended and the question being put on the amendment, it was resolved in the affirmative. Mr. Speaker put the question on Motion 8 as amended as follows: WHEREAS one in 500 children is affected by autism; WHEREAS in the case of Auton v. British Columbia, the BC Court of Appeal ruled that British Columbia’s failure to provide effective treatment for a child with autism was a violation of that child’s rights under the Canadian Charter of Rights and Freedoms; WHEREAS the Government of New Brunswick is in possession of the report A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick from the Interdepartmental Committee on Services to Persons with Autism which was completed in November 2001; May 20 Journal of Assembly 235

WHEREAS government has responded to a number of the key recommendations in the report A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick, through a $2.8 million annual investment which provides funding for evidence- based services for preschool age children, a training initiative to develop provincial capacity to deliver quality services to these children and support to community centers through funding projects and initiatives;” AND WHEREAS the window of maximum recovery closes each day on New Brunswick children who go without treatment; BE IT THEREFORE RESOLVED that this Legislature urge the government to continue its current investment of $2.8M annually to implement the recommendations of A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick forthwith and immediately. And the question being put, Motion 8 as amended was carried.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Hon. P. Robichaud rose on a Point of Order and submitted that the Member for Moncton North had used unparliamentary language when referring to a Minister of the Crown. Mr. C. LeBlanc stated he had not heard the remark in question and he would review the Hansard and report to the House, if necessary. He cautioned Members against using offensive language when referring to one another. And after some further time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then 6 o’clock p.m., the House adjourned. 236 52 - 53 Elizabeth II, 2003 - 2004 May 21

Friday, May 21, 2004. 10 o’clock a.m. Prayers During Oral Questions, Mr. Speaker called Hon. Mr. Mockler to order and advised that when the Speaker stands, a Member should discontinue speaking.

The following Bill was introduced and read a first time: By Mr. Murphy, Bill 51, Victims of Family Violence Act. Ordered that the said Bill be read a second time at the next sitting.

Mr. Arseneault gave Notice of Motion 97 that on Thursday, May 27, 2004, he would move the following resolution, seconded by Mr. Boudreau: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all names and remuneration received by any individuals, who have been employed on a full time, part time or contract basis or who have been appointed to a government board or commission since June 10, 2003.

Hon. P. Robichaud announced that it was the intention of government that the House resolve itself into a Committee of Supply to continue consideration of the estimates of the Departments of Finance and Education. It was agreed by unanimous consent to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 1 o’clock p.m., and to adjourn at 4.30 o’clock p.m.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, the Chairman interrupted proceedings and ruled on Hon. P. Robichaud’s Point of Order raised during the previous day’s sitting, that the Member for Moncton North had used disrespectful language when referring to the Minister of Transportation and that the Member withdraw his comment, which he did. May 21 Journal of Assembly 237

At 12.30 o’clock p.m., the Chairman left the chair to resume at 1 o’clock p.m. 1 o’clock p.m. The Committee resumed with Mr. Holder in the chair. At 2.02 o’clock p.m., the Chairman declared a recess and left the chair. 2.10 o’clock p.m. The Committee resumed with Mr. Holder in the chair. And after some time, Mr. C. LeBlanc took the chair. And after some further time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT DEPARTMENT OF FINANCE Resolved, That there be granted to Her Majesty a sum not exceeding $73,916,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2005: Financial Resource Management ...... 11,953,000 Municipal Finances ...... 62,000,000 Less amounts authorized by law ...... 37,000 Voted ...... 73,916,000 SERVICE OF THE PUBLIC DEBT Resolved, That there be granted to Her Majesty a sum not exceeding $3,623,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2005: Service of the Public Debt ...... 604,000 Less amounts authorized by law ...... 600,377 Voted ...... 3,623,000 238 52 - 53 Elizabeth II, 2003 - 2004 May 21

OFFICE OF THE COMPTROLLER Resolved, That there be granted to Her Majesty a sum not exceeding $4,745,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2005: Office of the Comptroller ...... 4,745,000 Less amounts authorized by law ...... 0 Voted ...... 4,745,000

DEPARTMENT OF EDUCATION Resolved, That there be granted to Her Majesty a sum not exceeding $778,843,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2005: Corporate Services ...... 4,411,000 Elementary and Secondary Education ...... 736,442,000 NB Public Libraries ...... 11,088,000 Student Financial Assistance ...... 25,415,000 Post-Secondary Affairs ...... 1,524,000 Less amounts authorized by law ...... 37,000 Voted ...... 778,843,000

MARITIME PROVINCES HIGHER EDUCATION COMMISSION Resolved, That there be granted to Her Majesty a sum not exceeding $185,003,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2005: Administration ...... 437,000 Assistance to Universities...... 184,566,000 Less amounts authorized by law ...... 0 Voted ...... 185,003,000 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following programs: Legislated Pension Plans and Benefit Accruals and Subsidies ...... 96,690,000 Supplementary Funding Provision...... 67,086,000 Provision for Losses...... 32,300,000 LOANS AND ADVANCES DEPARTMENT OF FINANCE Voted, supply in the following amount to defray the expenses of the following program allocation for the fiscal year ending the 31st day of March, 2005: Municipal Assistance Act ...... 1,000,000 May 21 Journal of Assembly 239

CAPITAL ACCOUNT DEPARTMENT OF EDUCATION Resolved, That there be granted to Her Majesty a sum not exceeding $1,000,000 to defray the expenses of the following program allocation for the fiscal year ending the 31st day of March, 2005: Public Schools – Capital Equipment ...... 1,000,000 WORKING CAPITAL – MAXIMUM BALANCES 2004-2005 WORKING CAPITAL ADVANCES Education - Atlantic Provinces Special Education Authority ...... 350,000 PETTY CASH ADVANCES Finance ...... 1,000 Education ...... 120,000 INVENTORIES Education ...... 1,500,000 The said items were concurred in by the House.

And then 4.15 o’clock p.m. the House adjourned. 240 52 - 53 Elizabeth II, 2003 - 2004 May 25

Tuesday, May 25, 2004. 1 o’clock p.m. Prayers Hon. Mr. Ashfield paid tribute to the memory of Fredericton lawyer, Progressive Conservative political activist, and sportsman, George Yeamans, recently deceased. Mr. Burke joined with the Minister in this regard.

Following Oral Questions, Mr. Lamrock rose on a Point of Order and requested that the Minister of Energy table a document from which he had quoted during the response to an oral question. Accordingly, Hon. Mr. Fitch laid upon the table of the House a letter dated May 22, 2004, and addressed to Hon. Mr. Fitch, from David D. Hay, president and chief executive officer of NB Power.

The following Bills were introduced and read a first time: By Mr. S. Graham, Bill 52, An Act Respecting the Regional Health Authorities Act. By Mr. Burke, Bill 53, An Act to Amend the Family Services Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. MacIntyre gave Notice of Motion 98 that on Tuesday, June 1, 2004, he would move the following resolution, seconded by Mr. Brewer: That an address be presented to His Honour the Lieutenant- Governor praying that he lay upon the table of the House all correspondence including letters, e-mails etc., between Region 7 Miramichi Regional Health Authority and the Department of Health and Wellness regarding the cancellation of the planned methadone clinic for the Miramichi Regional Health Authority, since May 1, 2004.

Mr. Arseneault gave Notice of Motion 99 that on Tuesday, June 1, 2004, he would move the following resolution, seconded by Mr. Brewer: That an address be presented to His Honour the Lieutenant- Governor praying that he lay upon the table of the House a copy of May 25 Journal of Assembly 241 the most recent Actuarial Review on the status of the Teachers’ Pension Fund and the Civil Service Pension Fund.

Hon. P. Robichaud announced it was the intention of government that following second reading of Bills 49 and 51 and Private Members’ Motions, the House would resolve itself into a Committee of the Whole to consider legislation; namely, Bills 27, 47, 15, 34, 45, 19, 32, 33, and 21.

The following Private Bill was read a second time: Bill 49, An Act to Amend the Pension Plan for Employees of the City of Moncton Act. Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 49 for third reading forthwith.

The following Private Bill was read a third time: Bill 49, An Act to Amend the Pension Plan for Employees of the City of Moncton Act. Ordered that the said Bill does pass.

The Order being read for second reading of Bill 51, Victims of Family Violence Act, a debate arose thereon. And after some time, on motion of Hon. Ms. Blaney, the debate was adjourned over on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc 242 52 - 53 Elizabeth II, 2003 - 2004 May 25

NAYS - 23 Mr. McGinley Mr. Branch Mr. Foran Mr. Jamieson Ms. Weir Mr. Albert Mr. MacIntyre Mr. Ouellette Mr. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Burke Mr. Doucet Mr. Haché Mr. Murphy Mr. Boudreau Mr. Armstrong Mr. Kenny Mr. Brewer Mr. Landry Mr. Arseneault

Pursuant to Notice of Motion 18, Mr. Stiles, seconded by Mr. MacDonald, moved the following resolution: WHEREAS in its election platform entitled “Reaching Higher, Going Further,” the government committed that New Brunswick will have the lowest personal income taxes in eastern Canada, and WHEREAS in “Reaching Higher, Going Further,” the government committed that New Brunswick will have the lowest small business taxes in all of Canada; and WHEREAS in “Reaching Higher, Going Further,” the government committed that New Brunswick will have the highest tax free threshold for low-income earners in all of Canada; BE IT THEREFORE RESOLVED THAT the Legislative Assembly encourage the government of New Brunswick to continue to deliver lower taxes in a prudent and reasonable manner for the people of New Brunswick. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Mr. Haché welcomed to the House Mr. Jean Dubé, Progressive Conservative Member of Parliament for Madawaska-Restigouche (1997-1999) and MLA for Campbellton (2001-2003). Mr. Malley joined with the Member in this regard. And after some further time, Mr. Lamrock, seconded by Mr. Jamieson, moved in amendment: AMENDMENT THAT Motion 18 be amended: In the resolution clause, by striking out “to continue” after “encourage the government of New Brunswick”; and May 25 Journal of Assembly 243

After the final WHEREAS clause, adding the following: “WHEREAS New Brunswickers have seen no meaningful relief from previous tax-cut measures brought forward by this government; WHEREAS any income tax cuts made by this government have been nullified by ‘bracket creep’ and increases in consumption taxes; WHEREAS the government, by cutting taxes before growing the economy, has had to cut needed services in health and education;” and adding after “prudent and responsible manner” in the resolution clause: “that is meaningful” and adding at the end of the resolution clause before the period and by replacing the period with a semi-colon: “that hard work for a living” and adding after the resolution clause: “BE IT FURTHER RESOLVED that, if tax-cutting measures will jeopardize social programs such as health and education, the House urge the government to delay any plans to impose further tax cuts until such time as cuts to important social programs can be avoided.” And the question being put, a debate ensued. And after some time, Mr. Speaker resumed the chair. And the debate being ended and the question being put, the amendment was negatived. And the question being put, Motion 18 was carried.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Reports, reported: That the Committee had directed him to report the following Bills as agreed to: Bill 15, An Act to Amend An Act to Amend the Occupational Health and Safety Act. Bill 19, An Act to Amend the Order of New Brunswick Act. Bill 27, Supplementary Appropriations Act 2003-2004 (1). 244 52 - 53 Elizabeth II, 2003 - 2004 May 25

Bill 32, An Act to Amend the Custody and Detention of Young Persons Act. Bill 34, An Act to Amend the Fish and Wildlife Act. Bill 45, An Act to Amend the Quarriable Substances Act. Bill 47, Supplementary Appropriations Act 2002-03 (2). And that he had been directed to report progress on the following Bill: Bill 33, An Act to Amend the Clean Water Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 6 o’clock p.m., the House adjourned. May 26 Journal of Assembly 245

Wednesday, May 26, 2004. 10 o’clock a.m. Prayers Mr. S. Graham gave Notice of Motion 100 that on Tuesday, June 1, 2004, he would move the following resolution, seconded by Mr. Lamrock: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all letters, e-mails, documents and/or reports between Mira Properties Inc. and the Department of the Environment and Local Government, the Department of Health and Wellness, the Department of Natural Resources and Energy, and the Culture and Sport Secretariat, from March 1, 1999, to present.

Mr. S. Graham gave Notice of Motion 101 that on Tuesday, June 1, 2004, he would move the following resolution, seconded by Mr. Lamrock: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all letters, e-mails, documents and/or reports between Les Entreprises Mapoma Ltée and the Department of the Environment and Local Government, the Department of Health and Wellness, the Department of Natural Resources and Energy, and the Culture and Sport Secretariat, from March 1, 1999, to present.

Mr. Arseneault gave Notice of Motion 102 that on Tuesday, June 8, 2004, he would move the following resolution, seconded by Mr. Paulin: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation, memorandums, e-mails, faxes, letters, etc., between this government and Atlantic Advantage Promotions Inc. between April 1, 2003, and March 31, 2004.

Mr. Arseneault gave Notice of Motion 103 that on Tuesday, June 8, 2004, he would move the following resolution, seconded by Mr. Albert: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House a compilation of all monies paid to Bristol Group, and any of its subsidiaries, by all government departments since June 21, 1999. 246 52 - 53 Elizabeth II, 2003 - 2004 May 26

Mr. S. Graham gave Notice of Motion 104 that on Tuesday, June 1, 2004, he would move the following resolution, seconded by Mr. McGinley: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House a copy of the amount paid to the Chipman ambulance service and Minto ambulance service for the years 2001-2002 , 2002-2003, and 2003 -2004, and details on services provided.

Hon. P. Robichaud announced that following third and second reading of Bills, it was the intention of government that the House resolve itself into a Committee of Supply to consider the estimates of the Department of Supply and Services.

The following Bills were read a third time: Bill 15, An Act to Amend An Act to Amend the Occupational Health and Safety Act. Bill 19, An Act to Amend the Order of New Brunswick Act. Bill 27, Supplementary Appropriations Act 2003-2004 (1). Bill 32, An Act to Amend the Custody and Detention of Young Persons Act. Bill 34, An Act to Amend the Fish and Wildlife Act. Bill 45, An Act to Amend the Quarriable Substances Act. Bill 47, Supplementary Appropriations Act 2002-03 (2). Ordered that the said Bills do pass.

The Order being read for second reading of Bill 52, An Act Respecting the Regional Health Authorities Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. During the debate, Hon. P. Robichaud rose on a Point of Order and submitted that the Member for Caraquet had used the term “liar” which was unparliamentary. Mr. Holder, the Deputy Speaker, requested that the Member withdraw the remark, which he did. At 12.30 o’clock p.m., Mr. Holder, the Deputy Speaker, left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker. May 26 Journal of Assembly 247

Debate resumed on the motion for second reading of Bill 52. And after some time, Mr. Speaker resumed the chair. And the debate being ended, and the question being put that Bill 52 be now read a second time, the motion was negatived on the following recorded division: YEAS - 24 Mr. McGinley Ms. Weir Mr. Arseneault Mr. MacIntyre Mr. Kennedy Mr. Foran Mr. Allaby Mr. Ouellette Mr. Albert Mr. S. Graham Mr. Lamrock Mr. A. LeBlanc Mr. Haché Mr. Targett Mr. Paulin Mr. Armstrong Mr. Burke Mr. Doucet Mr. Landry Mr. Murphy Mr. Boudreau Mr. Branch Mr. Kenny Mr. Brewer NAYS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

The Order being read for second reading of Bill 53, An Act to Amend the Family Services Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 53 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 53, An Act to Amend the Family Services Act, was read a second time and ordered referred to the Committee of the Whole House.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. 248 52 - 53 Elizabeth II, 2003 - 2004 May 26

Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004 - 2005 ORDINARY ACCOUNT DEPARTMENT OF SUPPLY AND SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $89,987,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Administration ...... 1,867,000 General Services ...... 7,277,000 Buildings Group...... 77,896,000 Corporate Information Management Services ...... 2,984,000 Less amounts authorized by law ...... 37,000 Voted ...... 89,987,000 CAPITAL ACCOUNT DEPARTMENT OF SUPPLY AND SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $76,882,000 to defray the expenses of the following program allocation for the fiscal year ending the 31st of March, 2005: Design and Construction of Provincial Buildings ...... 76,882,000 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following program: Information Technology Investment Fund ...... 670,000 WORKING CAPITAL - MAXIMUM BALANCES 2004 - 2005 Voted WORKING CAPITAL ADVANCES Supply and Services - Algonquin Properties Limited ...... 1,000,000 INVENTORIES Supply and Services ...... 1,700,000 The said items were concurred in by the House.

And then, 6.10 o’clock p.m., the House adjourned. May 27 Journal of Assembly 249

Thursday, May 27, 2004. 1 o’clock p.m. Prayers Mr. Jamieson laid upon the table of the House a petition signed by citizens urging the government to keep the St. Joseph’s Hospital emergency room open. (Petition 40).

Hon. P. Robichaud announced it was the intention of government that following Private Members’ Motions, the House would resolve itself into a Committee of Supply to consider the estimates of the Department of Intergovernmental and International Relations, including Intergovernmental Conferences, Council of Atlantic Premiers, Culture and Sport Secretariat, Service New Brunswick, and Advisory Council on the Status of Women, including the Women’s Issues Branch.

Motion 70 by Mr. Lamrock was, by leave of the House, withdrawn.

At 2.10 o’clock p.m., at the request of Mr. Lamrock and with the leave of the House, Mr. Speaker declared a recess and left the chair. 2.21 o’clock p.m. Mr. Speaker resumed the chair. Pursuant to Notice of Motion 9, Mr. S. Graham, seconded by Ms. Robichaud, moved the following resolution: WHEREAS women’s average hourly wage is 79 % of men’s in New Brunswick; WHEREAS the Advisory Council on the Status of Women states that approximately half the wage gap is “caused by the age-old tradition of paying ‘women’s’ jobs less than jobs usually held by men”; WHEREAS the New Brunswick government must show leadership in the area of pay equity; WHEREAS there are still parts of the public service which are not covered by the Pay Equity Act and which include New Brunswick government employees; BE IT THEREFORE RESOLVED that the Legislative Assembly urge the New Brunswick government to amend the Pay Equity Act so that it applies to all parts of the public service; 250 52 - 53 Elizabeth II, 2003 - 2004 May 27

AND BE IT FURTHER RESOLVED that the Legislative Assembly urge the New Brunswick government to actively pursue an objective of ensuring that the Pay Equity Act applies to the private sector. And the question being put, a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, Hon. Ms. Blaney, seconded by Hon. Mr. Volpé, moved in amendment: AMENDMENT THAT Motion 9 be amended: In the first resolution clause, by adding the following words after the first “to”: “continue to implement pay equity in all parts of the public service through negotiated agreements, and consider to” In the second resolution clause, by deleting the following words “the Pay Equity Act applies to the private sector” and replacing them with the following: “pay equity is achieved in the private sector through various available means” Mr. Allaby stood on a Point of Order and submitted that the proposed amendment was out of order as its effect would be to negative the intent of the original motion. Several Members spoke on the Point of Order. Mr. C. LeBlanc, the Deputy Speaker, ruled the amendment to be in order as it did not have the effect of negativing the original intent of the motion but rather proposed an alternative proposition for the consideration of the House. And the question being put, a debate ensued. And after some time, Mr. Speaker resumed the chair. And the debate being ended and the question being put, the amendment was carried on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr May 27 Journal of Assembly 251

Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc NAYS - 20 Mr. McGinley Mr. Branch Mr. Albert Mr. Jamieson Mr. Ouellette Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Burke Mr. Doucet Mr. Haché Mr. Kenny Mr. Boudreau Mr. Armstong Mr. Arseneault Mr. Brewer Mr. Landry Mr. Foran Mr. Speaker put the question on Motion 9 as amended as follows: WHEREAS women’s average hourly wage is 79 % of men’s in New Brunswick; WHEREAS the Advisory Council on the Status of Women states that approximately half the wage gap is “caused by the age-old tradition of paying ‘women’s’ jobs less than jobs usually held by men”; WHEREAS the New Brunswick government must show leadership in the area of pay equity; WHEREAS there are still parts of the public service which are not covered by the Pay Equity Act and which include New Brunswick government employees; BE IT THEREFORE RESOLVED that the Legislative Assembly urge the New Brunswick government to continue to implement pay equity in all parts of the public service through negotiated agreements, and consider to amend the Pay Equity Act so that it applies to all parts of the public service; AND BE IT FURTHER RESOLVED that the Legislative Assembly urge the New Brunswick government to actively pursue an objective of ensuring that pay equity is achieved in the private sector through various available means. And the question being put, Motion 9 as amended was carried.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Holder, took the chair. 252 52 - 53 Elizabeth II, 2003 - 2004 May 27

And after some further time Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to the order of Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT EXECUTIVE COUNCIL OFFICE Resolved, That there be granted to Her Majesty a sum not exceeding $2,387,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Executive Council Secretariat ...... 1,654,000 Office of the Lieutenant-Governor ...... 306,000 Women’s Issues Branch ...... 427,000 Less amounts authorized by law...... 0 Voted ...... 2,387,000 GENERAL GOVERNMENT Voted, Supply in the following amount to defray the expenses of the following program: Advisory Council on the Status of Women ...... 414,000 The said items were concurred in by the House.

And then, 6 o’clock p.m., the House adjourned. May 28 Journal of Assembly 253

Friday, May 28, 2004. 10 o’clock a.m. Prayers To commemorate the 60th Anniversary of D-Day on June 6, 2004, the honourable the Premier welcomed to the Assembly Members of the Royal Canadian Legion and veterans, including David Dickson; Vaughan Boyne; Ron Stafford; Nelson Adams; Len Poore; Dennis Driscoll, the New Brunswick President of the Royal Canadian Legion; and Boyd Ring, the provincial Legion’s sergeant at arms. Hon. Mr. Lord paid tribute to the surviving veterans and to those who gave their lives for the freedom of the people of the province and of Canada. Mr. S. Graham, the Leader of the Opposition, joined with the Premier in this regard.

During Statements by Members, Ms. Weir rose on a Point of Order and questioned why a Member was permitted to wear a tee-shirt in the House to support a particular cause while recent visitors to the Gallery had been forbidden to wear such apparel. Mr. Speaker stated that he was unaware of the matter referred to and that he would take the matter under advisement.

His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne. Mr. Speaker addressed His Honour as follows: May It Please Your Honour: The Legislative Assembly of the Province of New Brunswick has passed several Bills at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent. The Clerk Assistant then read the title of the Bills as follows: Bill 14, An Act to Amend the Mental Health Act. Bill 15, An Act to Amend An Act to Amend the Occupational Health and Safety Act. Bill 19, An Act to Amend the Order of New Brunswick Act. Bill 20, An Act Respecting Administrative Matters in Various Corporate Acts. Bill 27, Supplementary Appropriations Act 2003-2004 (1). 254 52 - 53 Elizabeth II, 2003 - 2004 May 28

Bill 29, An Act to Amend the Mental Health Act. Bill 30, An Act to Amend the Medical Services Payment Act. Bill 31, An Act to Amend the Employment Standards Act. Bill 32, An Act to Amend the Custody and Detention of Young Persons Act. Bill 34, An Act to Amend the Fish and Wildlife Act. Bill 35, An Act to Amend the Assessment Act. Bill 40, An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists. Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists. Bill 45, An Act to Amend the Quarriable Substances Act. Bill 47, Supplementary Appropriations Act 2002-03 (2). Bill 49, An Act to Amend the Pension Plan for Employees of the City of Moncton Act. His Honour signified His Assent as follows: It is the Queen’s wish. La reine le veut. To these Bills, His Honour’s assent was announced by the Clerk of the Legislative Assembly in the following words: In Her Majesty’s name, His Honour the Lieutenant-Governor assents to these Bills, enacting the same and ordering them to be enrolled. His Honour then retired and Mr. Speaker resumed the chair.

The following Private Bill was introduced and read a first time: By Mr. Carr, Bill 54, An Act Respecting the New Brunswick Society of Cardiology Technologists. Ordered that the said Bill be referred to the Standing Committee on Private Bills.

The following Bills were introduced and read a first time: By Mr. Lamrock, Bill 55, Restricted Dogs Act. By Mr. Lamrock, Bill 56, An Act to Amend the Legislative Assembly Act. Ordered that the said Bills be read a second time at the next sitting.

Hon. P. Robichaud announced that it was the intention of government that the House resolve itself into a Committee of the May 28 Journal of Assembly 255

Whole House to take into consideration Bill 44, following which, the House would resolve into a Committee of Supply to take into consideration the estimates of Business New Brunswick. It was agreed by unanimous consent to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 1 o’clock p.m., and to adjourn at 4.30 o’clock p.m.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. At 11.55 o’clock a.m., the Chairman declared a five-minute recess and left the chair. 12 o’clock noon The Committee resumed. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that he had been directed to report the following Bill as agreed to: Bill 44, Securities Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And then, 12.30 o’clock p.m., the Chairman left the chair to resume at 1 o’clock p.m. 1 o’clock p.m. The Committee resumed with Mr. LeBlanc in the chair. And after some time, Mr. Holder took the chair. And after some further time, Mr. MacDonald, took the chair as Acting Chairman. And after some time, Mr. C. LeBlanc resumed the chair. And after some further time spent in Committee of Supply, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to the order of Presentations of Committee Reports, reported that the Committee had had under 256 52 - 53 Elizabeth II, 2003 - 2004 May 28 consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then, 4.30 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were deemed laid upon the tabled of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 96 May 25, 2004 June 8 Journal of Assembly 257

Tuesday, June 8, 2004. 1 o’clock p.m. Prayers Mr. Holder extended condolences to the American people and to the family of the late Ronald Reagan (1911 - 2004), the 40th President of the United States, and the 33rd Governor of California.

Ms. Weir welcomed to the House Howard Pawley (1934- ), N.D.P. M.L.A. for Selkirk, and former Premier of Manitoba (1981-1988).

Pursuant to subsection 31(3) of the Members’ Conflict of Interest Act, Mr. Speaker laid upon the table of the House the Annual Report 2003- 2004 of the Conflict of Interest Commissioner for the period May 1, 2003 to April 30, 2004.

The following Private Bill was introduced and read a first time: By Mr. Carr, Bill 57, Optometry Act, 2004. Ordered referred to the Standing Committee on Private Bills.

Mr. S. Graham gave Notice of Motion 105 that on Tuesday, June 15, 2004, he would move the following resolution, seconded by Mr. Murphy: That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all documents pertaining to any employees who were terminated in Part I of the Department of Health and Wellness who have subsequently been hired on contract by Part III in any of the Regional Health Authorities.

Mr. Albert gave Notice of Motion 106 that on Tuesday, June 15, 2004, he would move the following resolution, seconded by Mr. Kenny: That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all documents in regard to action taken by your department to create a compensation fund for the eradication of infectious salmon anaemia (ISA), including correspondence, faxes, memos, e-mails, reports, proposals, briefing notes, analyses, research, advice, recommendations, and minutes of meetings for the period between July 1, 2001, and June 8, 2004. 258 52 - 53 Elizabeth II, 2003 - 2004 June 8

Mr. Albert gave Notice of Motion 107 that on Tuesday, June 15, 2004, he would move the following resolution, seconded by Mr. Kenny: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all documents in regard to action taken by your department to create a financial compensation program and insurance for the aquaculture industry, including correspondence, faxes, memos, e- mails, reports, proposals, briefing notes, analyses, research, advice, recommendations, and minutes of meetings, for the period between July 1, 1999, and June 8, 2004.

Mr. Doucet gave Notice of Motion 108 that on Tuesday, June 15, 2004, he would move the following resolution, seconded by Mr. Boudreau: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House from the departments of Finance, Energy and Supply & Services all documentation, correspondence, memorandums, letters, e-mails, faxes, reports, analysis, recommendations, advice, agreements, request for proposals, memorandums of understanding, contracts pertaining to consultant services to investigate renewable energy possibilities or to study the impact of renewable energy projects on power rates from January 31st, 2003 to June 8th, 2004.

Mr. Doucet gave Notice of Motion 109 that on Tuesday, June 15, 2004, he would move the following resolution, seconded by Mr. Haché: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all addendums to the NB Power document entitled Business Plan and Financial Projection dated March 2001.

On motion of Hon. P. Robichaud, seconded by Hon. Mr. Green: Resolved, THAT when the House adjourns, it stand adjourned until Thursday, June 10, 2004, at 10 a.m.

Hon. P. Robichaud announced that it was the intention of government that following second reading of Bills, and with the unanimous consent of the House to dispense with the two hours reserved for Private Members’ Motions, the House would resolve itself into a Committee of Supply to resume consideration of the estimates of the Department of Business New Brunswick. June 8 Journal of Assembly 259

It was agreed by unanimous consent to dispense with the order of Private Members’ Motions for this day’s sitting.

The following Bill was read a third time: Bill 44, Securities Act. Ordered that the said Bill does pass.

The Order being read for second reading of Bill 55, Restricted Dogs Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Mr. Speaker resumed the chair. And after some further time, Hon. Mr. Huntjens, seconded by Hon. Mr. Green, moved in amendment: AMENDMENT That the motion for second reading be amended by deleting all the words after the word “that” and substituting the following: Bill 55, Restricted Dogs Act, be not now read a second time but that the order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments. Mr. Speaker put the question on the amendment and it was resolved in the affirmative.

The Order being read for second reading of Bill 56, An Act to Amend the Legislative Assembly Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 56 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 56, An Act to Amend the Legislative Assembly Act, was read a second time and ordered referred to the Committee of the Whole House.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Sherwood took the chair as Acting Chairman. And after some further time, Mr. C. LeBlanc resumed the chair. 260 52 - 53 Elizabeth II, 2003 - 2004 June 8

And after some time, Mr. Holder took the chair. And after some further time, Mr. Speaker resumed the chair, and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT DEPARTMENT OF BUSINESS NEW BRUNSWICK Resolved, That there be granted to Her Majesty a sum not exceeding $37,110,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Administration ...... 2,788,000 Business and Industry Development ...... 25,759,000 Strategic Assistance ...... 8,600,000 Less amounts authorized by law ...... 37,000 Voted ...... 37,110,000 LOANS AND ADVANCES DEPARTMENT OF BUSINESS NEW BRUNSWICK Voted, Supply in the following amount to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Economic Development Act, Agricultural Development Board, and Fisheries Development Act ...... 50,000,000 WORKING CAPITAL – MAXIMUM BALANCES 2004-2005 PETTY CASH ADVANCES Business New Brunswick ...... 1,000 INVENTORIES Business New Brunswick ...... 5,000,000 The said items were concurred in by the House. June 8 Journal of Assembly 261

His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne. Mr. Speaker addressed His Honour as follows: May It Please Your Honour: The Legislative Assembly of the Province of New Brunswick has passed a Bill at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent. The Clerk Assistant then read the title of the Bill as follows: Bill 44, Securities Act. His Honour signified His Assent as follows: It is the Queen’s wish. La reine le veut. To this Bill, His Honour’s assent was announced by the Clerk of the Legislative Assembly in the following words: In Her Majesty’s name, His Honour the Lieutenant-Governor assents to this Bill, enacting the same and ordering them to be enrolled. His Honour then retired and Mr. Speaker resumed the chair.

And then 6 o’clock p.m. the House adjourned.

The following documents, having been deposited with the Clerk of the House were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 89 May 28, 2004 262 52 - 53 Elizabeth II, 2003 - 2004 June 9

Wednesday, June 9, 2004. 10 o’clock a.m. Prayers Several former Members present in the Gallery were introduced: Paul Dawson (PC Miramichi-Newcastle 1982-1987); Tom Gilbert (L Oromocto 1987-1991); LeRoy Washburn (L Oromocto 1974-1982); Onil Doiron (L Caraquet 1974-1982); Bernard Thériault (L Caraquet 1987-2000).

Mr. MacIntyre laid upon the table of the House a petition signed by residents of Charlotte County opposing any closing or downgrading of surgical services at Charlotte County. (Petition 41)

Mr. Sherwood from the Standing Committee on Private Bills, presented the Third Report of the Committee for the session which was read and is as follows: June 9, 2004. To The Honourable The Legislative Assembly of The Province of New Brunswick. Mr. Speaker: Your Standing Committee on Private Bills begs leave to submit this, their Third Report of the session. Your Committee met on June 8, 2004, in the Legislative Council Chamber and had under consideration: Bill 54, An Act Respecting the New Brunswick Society of Cardiology Technologists. which it recommends to the favourable consideration of the House with certain amendments. Your Committee also had under consideration: Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation Canada Limited. which it recommends to the favourable consideration of the House. And your Committee begs leave to make a further report. I move, seconded by Mr. Betts, that the report be concurred in by the House. Sgd.: Milton Sherwood, MLA. Chairman. June 9 Journal of Assembly 263

Mr. Speaker put the question on the motion of concurrence in the Report of the Committee, and it was resolved in the affirmative.

Hon. E. Robichaud laid upon the table of the House a document entitled: Healthy Futures: Securing New Brunswick’s Health Care System, The Provincial Health Plan 2004-2008.

Following Oral Questions, Mr. Lamrock stood on a point of order and submitted that the Minister of Education, Hon. Ms. Dubé, had used unparliamentary language during the previous day’s question period by accusing the Member for Bathurst of spreading falsehoods. Mr. Speaker advised he would review the transcript and report to the House if necessary.

Hon. P. Robichaud announced that it was the intention of government that the House resolve itself into a Committee of Supply to consider the estimates of the Department of Health and Wellness.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 12.20 o’clock p.m., the Chairman left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Stiles took the chair as Acting Chairman. And after some further time, Mr. MacDonald took the chair as Acting Chairman. And after some time, Mr. Holder took the chair. And after some further time spent in Committee of Supply, Mr. C. LeBlanc took the chair. And after some time, Mr. Speaker resumed the chair, and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then 6 o’clock p.m. the House adjourned. 264 52 - 53 Elizabeth II, 2003 - 2004 June 10

Thursday, June 10, 2004. 10 o’clock a.m. Prayers Mr. Foran laid upon the table of the House a petition signed by citizens of the Miramichi calling upon Mr. Malley, the Member for Miramichi-Bay du Vin, to vote against any plan to reduce beds and or service at their regional hospital. (Petition 42)

Following Oral Questions, Mr. Speaker requested that the Member for Caraquet withdraw the terms “stupid,” “unprofessional,” and “arrogant” in reference to the Minister of Health and Wellness. The Member withdrew the comments.

Hon. P. Robichaud rose on a Point of Order and requested that the Member for Charlotte withdraw the term “crook.” Mr. Speaker advised the House that he would take the matter under advisement and address the matter following routine proceedings.

Mr. Boudreau gave Notice of Motion 110 that on Thursday, June 17, 2004, he would move the following resolution, seconded by Ms. Robichaud: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research between November 2002 and June 9, 2004 pertaining to decisions, recommendations and advice made by District Education Council (DEC) #17.

Mr. Boudreau gave Notice of Motion 111 that on Thursday, June 17, 2004, he would move the following resolution, seconded by Ms. Robichaud: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House fall correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research between November 2002 and June 9, 2004 pertaining to advice received and decisions made by the Minister of Education pertaining to (DEC) # 17. June 10 Journal of Assembly 265

Hon. P. Robichaud announced that it was the intention of government that following second reading of Bills and with the unanimous consent of the House to dispense with the two hours reserved for Private Members’ Motions, the House would resolve itself into a Committee of the Whole House to consider legislation, namely: Bills 16, 36, 21, 23, and 33. Subsequently, the House would resolve itself into a Committee of Supply to consider the estimates of the Department of Health and Wellness.

It was agreed by unanimous consent to dispense with Private Members’ Motions, and to vary the hours of sitting to recess at 12 noon and to resume at 1 o’clock p.m.

At 11.19 o’clock a.m., Mr. Speaker declared a recess and left the chair. 11.32 o’clock p.m. Mr. Speaker resumed the chair and delivered the following ruling: STATEMENT BY SPEAKER Yesterday, subsequent to a point of order raised by the member for Fredericton-Fort Nashwaak, I undertook to review the transcript of question period and to get back to the House, if necessary. Speaking to the point of order, the member for Fredericton-Fort Nashwaak claimed that the Minister of Education had used unparliamentary language in responding to a question from the member for Bathurst, by stating “continuer à dire des faussetés”. The member referred to Beauchesne’s Parliamentary Rules and Forms, sixth edition, as the basis of the claim that the word “fausseté”, which means “falsehood” in English, was unparliamentary. While there are some clearly established words and certain kinds of language that are considered offensive or unparliamentary, it is left to the Chair’s discretion to interpret or to qualify the words spoken by the member, according to the circumstances or context in which the words are used. I will quote from paragraph 486 of Beauchesne’s, sixth edition, page 123. §486. (1) It is impossible to lay down any specific rules in regard to injurious reflections uttered in debate against particular Members, or to declare beforehand what expressions are or are not contrary to order; much depends upon the tone and manner, and intention, of the person speaking . . . 266 52 - 53 Elizabeth II, 2003 - 2004 June 10

I have reviewed the transcript of question period for both June 8 and June 9, involving exchanges between the Minister of Education and the member for Bathurst. It appears to the chair that the word “fausseté” was not used against a member in the Chamber, but was used to describe, in a generic way, statements that have been made by the opposition during debates in the House. However, it could be construed that the remark was directed against the member who was asking the question. In a follow-up question during yesterday’s question period, the member for Bathurst referred to a famous quote of Sir Winston Churchill which one might infer was directed against the Minister of Education. I find the comments of both honourable members to border on the unparliamentary. Members should, in future, refrain from making comments that could be construed as questioning the truthfulness of statements made in the House by fellow members. I urge members to keep this in mind and recognize that they have a duty in the preservation of order. In fact, they have a duty to help the chair in ensuring that free debate can take place in this Chamber while preserving the basic dignity traditionally applied to the use of language in parliamentary institutions.

Mr. Speaker ruled on the Point of Order raised earlier in the sitting finding that the words used by the Member for Charlotte, Mr. Doucet, “they sneak around like a bunch of crooks” to be unparliamentary and asked the Member to withdraw the unparliamentary words. The Member for Charlotte withdrew the term “crooks.”

The following Private Bills were read a second time: Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation Canada Limited. Bill 54, An Act Respecting the New Brunswick Society of Cardiology Technologists. Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 48 and 54 for third reading forthwith.

The following Private Bills were read a third time: Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation Canada Limited. Bill 54, An Act Respecting the New Brunswick Society of Cardiology Technologists. June 10 Journal of Assembly 267

Ordered that the said Bills do pass.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. At 12 noon the Chairman left the chair to resume again at 1 o’clock p.m. 1 o’clock p.m. The Committee resumed with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Reports, reported: That the Committee had directed him to report the following Bills as agreed to: Bill 21, An Act to Amend the Family Services Act. Bill 23, An Act to Amend the Executive Council Act. Bill 36, An Act to Repeal the Bulk Sales Act. And that he had been directed to report the following Bill agreed to as amended: Bill 16, An Act to Amend the Provincial Court Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. And after some time, Mr. C. LeBlanc took the chair. During the deliberations, Mr. MacIntyre welcome to the House Mr. Norman McFarlane, PC Member for Saint John Lancaster (1999- 2003) and Minister of Training and Employment Development. Hon. Ms. Blaney joined with the Member in this regard. And after some time, Mr. Holder resumed the chair. And after some further time, Mr. Malley took the chair as Acting Chairman. And after some time, Mr. C. LeBlanc resumed the chair. And after some further time, Mr. Betts took the chair as Acting Chairman. 268 52 - 53 Elizabeth II, 2003 - 2004 June 10

And after some further time spent in Committee of Supply, Mr. Holder took the chair. And after some further time, Mr. Speaker resumed the chair, and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then 6 o’clock p.m. the House adjourned.

The following documents, having been deposited with the Clerk of the House were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 99 June 4, 2003 Documents requested in Notice of Motion 91 June 8, 2003 Documents requested in Notice of Motion 102 June 9, 2003 Documents requested in Notice of Motion 93 June 10, 2003 June 11 Journal of Assembly 269

Friday, June 11, 2004. 10 o’clock a.m. Prayers The following Bills were introduced and read a first time: By Hon. Ms. Blaney, Bill 58, An Act to Amend the Occupational Health and Safety Act. By Mr. Murphy, Bill 59, An Act to Amend the Liquor Control Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. MacIntyre gave Notice of Motion 112 that on Thursday, June 17, 2004, he would move the following resolution, seconded by Mr. Arseneault: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e- mails, memoranda, briefing notes, hand-written notes, reports, analysis and research pertaining to the decision to eliminate 298 beds in New Brunswick hospitals and the decisions regarding which facilities would have beds eliminated.

Hon. P. Robichaud announced that it was the intention of government that following third reading of Bills, the House would resolve itself into a Committee of Supply to resume consideration of the estimates of the Department of Health and Wellness.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 1 o’clock p.m., and to adjourn at 4.30 o’clock p.m.

The following Bills were read a third time: Bill 16, An Act to Amend the Provincial Court Act. Bill 21, An Act to Amend the Family Services Act. Bill 23, An Act to Amend the Executive Council Act. Bill 36, An Act to Repeal the Bulk Sales Act. Ordered that the said Bills do pass. 270 52 - 53 Elizabeth II, 2003 - 2004 June 11

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 11.16 a.m., the Chairman declared a recess and left the chair. 11.23 o’clock a.m. The Committee resumed with Mr. C. LeBlanc in the chair. At 12.30 o’clock p.m., the Chairman left the chair, to resume again at 1 o’clock p.m. 1 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Holder took the chair. And after some further time, Mr. Carr took the chair as Acting Chairman. And after some time, Mr. Holder resumed the chair. And after some further time, Mr. Carr took the chair as Acting Chairman. And after some time, Mr. C. LeBlanc resumed the chair. And after some further time spent in Committee of Supply, Mr. Speaker resumed the chair, and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then 4.30 o’clock p.m. the House adjourned. June 15 Journal of Assembly 271

Tuesday, June 15, 2004. 1 o’clock p.m. Prayers Mr. S. Graham laid upon the Table of the House a petition signed by residents of East Branch urging the government to upgrade and repair the Stothard Road. (Petition 43)

Mr. Speaker welcomed to the House His Excellency Dr. Alvaro Moerzinger, Ambassador of the Uruguay and Mrs. Ana Luisa Moerzinger.

The following Bill was introduced and read a first time: By Mr. Lamrock, Bill 60, An Act to Amend the Youth Assistance Act. Ordered that the said Bill be read a second time at the next sitting.

Mr. MacIntyre gave Notice of Motion 113 that on Tuesday, June 22, 2004, he would move the following resolution, seconded by Mr. S. Graham: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all correspondence, letters, e-mails, memoranda, briefing notes, handwritten notes, reports and analyses between John McGarry and the Department of Health and Wellness regarding Mr. McGarry’s report on support services within the provincial health care system.

Mr. MacIntyre gave Notice of Motion 114 that on Tuesday, June 22, 2004, he would move the following resolution, seconded by Mr. S. Graham: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all correspondence, letters, e-mails, memoranda, briefing notes, handwritten notes, reports and analyses between Mr. Jim Wolstenholme and the Department of Health and Wellness regarding Mr. Wolstenholme’s report on the population health and its impact on the provincial health care system.

Mr. MacIntyre gave Notice of Motion 115 that on Tuesday, June 22, 2004, he would move the following resolution, seconded by Mr. S. Graham: 272 52 - 53 Elizabeth II, 2003 - 2004 June 15

That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House copies including electronic copies, of the Hay Benchmarking Study prepared in conjunction with CIHI for Miramichi Regional Health Authority, Southeast Health Authority, Beausejour Health Authority and Atlantic Health Sciences Health Authority for 2002- 2003 and 2003-2004.

Mr. MacIntyre gave Notice of Motion 116 that on Tuesday, June 22, 2004, he would move the following resolution, seconded by Mr. S. Graham: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all correspondence, letters, e-mails, memoranda, briefing notes, handwritten notes, reports and analyses between Mr. Édouard Hendriks and the Department of Health and Wellness regarding Mr. Hendriks’ report on the sustainability of clinical services within the provincial health care system.

Mr. Burke gave Notice of Motion 117 that on Tuesday, June 22, 2004, he would move the following resolution, seconded by Mr. Murphy: That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House a compilation of how many court appointed lawyers have been paid by Government and what this has cost, since March 1, 2004.

On motion of Hon. P. Robichaud, seconded by Hon. Mr. Green: Resolved, THAT when the Assembly adjourns on Wednesday, June 16, 2004, it stand adjourned until Thursday, June 17, 2004, at 10 o’clock a.m.

Hon. P. Robichaud announced that it was the intention of government that following second reading of Bills, and with the unanimous consent of the House to dispense with Private Members’ Motions, the House would resolve itself into a Committee of Supply to resume consideration of the estimates of the Department of Health and Welfare.

It was agreed by unanimous consent to dispense with the two hours allotted for the consideration of Private Members’ Motions. June 15 Journal of Assembly 273

The Order being read for second reading of Bill 58, An Act to Amend the Occupational Health and Safety Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 58 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 58, An Act to Amend the Occupational Health and Safety Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 59, An Act to Amend the Liquor Control Act, a debate arose thereon. And after some time, the debate was, on motion of Hon. Mr. Steeves, adjourned over.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. And after some time, Mr. Betts took the chair as Acting Chairman. And after some further time, Mr. Holder resumed the chair. And after some time, Mr. S. Graham, seconded by Mr. MacIntyre, moved the following motion: THAT the Committee, when it reports on the estimates of the Department of Health & Wellness, inform the House that the Committee urges the Government to delay any and all bed cuts until such time as: 1. it has presented a long-term care strategy to the House, and; 2. the aforementioned long-term care strategy has been implemented in New Brunswick. Hon. Mr. Green rose on a Point of Order and requested that the Chairman rule on whether the motion moved by the Leader of the Opposition was in order. At 3.31 o’clock p.m., the Chairman declared a recess and left the chair. 4.12 o’clock p.m. The Committee resumed with Mr. Holder in the chair. Mr. Holder, the Chairman delivered the following ruling with regard to the motion moved by Mr. S. Graham: 274 52 - 53 Elizabeth II, 2003 - 2004 June 15

STATEMENT BY CHAIRMAN With respect to the point of order raised by the Leader of the Opposition, I would like to refer to House of Commons Procedure and Practice, edition 2000. I would like to refer to House of Commons Procedure and Practice, 2000, page 737, which states: The report of a committee on Estimates ought to correspond, both in its form and as to its substance, with the authority with which the committee is invested. As it is the Estimates which have been referred to the committee by the House, it is the Estimates (as agreed to, reduced or negatived) which should be reported back to the House. In making other substantive recommendations, the committee is clearly going beyond the scope of its order of reference, which was to deal with the Estimates. The Speaker has expressed strong reservations regarding the inclusion of substantive recommendations in committee reports on Estimates. I would also refer to Beauchesne’s sixth edition, page 261, paragraph 951, which states: “It is not allowable to attach a condition or an expression of opinion to a Vote or to change the destination of a grant.” There is little relevant practice in our House with respect to the consideration of substantive motions in Committee of Supply other than motions to approve, reduce, or negative the estimates. The motion, as proposed by the Leader of the Opposition, does not deal directly with the amounts in the estimates. It is the opinion of the chair that notwithstanding any previous practice in this House, the motion amounts to a substantive recommendation which goes beyond the scope of the committee’s order of reference, which is to approve, reduce, or negative the estimates and reports brought to the House. Furthermore, the motion appears to attach a condition to the coming vote on the estimates of the Department of Health and Wellness. Such a motion can only be presented in the House with the required notice. I therefore declare the motion out of order. Pursuant to Standing Rule 80, Mr. Lamrock requested that the ruling of the Chairman, with respect to the motion moved by the Leader of the Opposition in Committee of Supply, be appealed to the Speaker. Mr. Lamrock submitted that there was precedent in New Brunswick for allowing a substantive motion to be moved in Committee of Supply. Mr. Lamrock referred to the motion that was moved without objection on May 8, 1986, during consideration of the Estimates in June 15 Journal of Assembly 275

Committee of Supply. Mr. Lamrock also enquired whether the point of order with respect to whether the motion in question was in order was raised at the earliest opportunity. Mr. Speaker resumed the chair, and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

Mr. Holder, Chairman of the Committee of Supply, then rose and informed the Speaker that Mr. S. Graham had moved a motion during Committee of Supply, that the motion was ruled out of order, and that the ruling had been appealed by the Member for Fredericton-Fort Nashwaak. Mr. Speaker delivered the following ruling. STATEMENT BY SPEAKER In the delay following the ruling of the chair of the committee, I have had time to review the appeal made by the member for Fredericton- Fort Nashwaak. I would like to begin by reiterating the crux of the ruling of the chairman of the committee, because I think this is most relevant. It is the opinion of the chair, to repeat what was already said by the chairman, that notwithstanding any previous practices of this House, the motion amounts to a substantive recommendation that goes beyond the scope of the committee’s order of reference, which is to approve, reduce, or negative the estimates and report back to the House. That is the crux of the ruling. The member for Fredericton-Fort Nashwaak referred to a similar motion that was moved in committee on May 8, 1986. At that time, there was no objection raised, and the motion proceeded. The fact that a matter was allowed to proceed, however, does not, in itself, create an absolute precedent that is binding on the House or on a subsequent Speaker. Where it is found that a prior decision of the House was not in keeping with the relevant parliamentary authorities and practices of the House, except for that one situation, it is therefore not necessarily binding on a subsequent Speaker or chairman. 276 52 - 53 Elizabeth II, 2003 - 2004 June 15

In this instance, I have had the opportunity to review the ruling of the chair of committee and I also reviewed the relevant authorities referred to, and I am satisfied that the chair has ruled correctly. Therefore, his decision is sustained. However, I also want to indicate that there is a difference between the procedures of estimates in this case, which was referred to by the chairman’s original ruling, and the difference between a substantive motion in the House. That would apply differently. The fact that the debate had occurred today was only really a very short beginning, even, on the debate. Had it gone on through a number of speakers, it might have been a little more serious in that sense, but it was simply a delayed reaction, and it was brought to the attention of the House that, in fact, there is an appropriate way to do business in committee which is different from a substantive motion of the House. That is the crux of the matter.

The House resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Betts took the chair as Acting Chairman. And after some further time, Mr. LeBlanc resumed the chair. And after some further time spent in Committee of Supply, Mr. Speaker resumed the chair, and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then 6 o’clock p.m. the House adjourned. June 16 Journal of Assembly 277

Wednesday, June 16, 2004. 10 o’clock a.m. Prayers The following Bill was introduced and read a first time: By Mr. S. Graham, Bill 61, An Act to Amend the Coroners Act. Ordered that the said Bill be read a second time at the next sitting.

Mr. MacIntyre gave Notice of Motion 118 that on Thursday, June 24, 2004, he would move the following resolution, seconded by Mr. S. Graham: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all invoices, correspondence, letters, e-mails, memoranda, briefing notes, handwritten notes, reports and analyses between Deloitte and Touche and the Department of Health and Wellness pertaining to the production of the draft Provincial Health Plan between January 2002 and June 9, 2004.

Hon. P. Robichaud announced that it was the intention of government that following second reading of Bills, the House would resolve itself into a Committee of Supply to consider the estimates of the Departments of Tourism and Parks, Natural Resources, and Agriculture, Fisheries and Aquaculture.

The Order being read for second reading of Bill 60, An Act to Amend the Youth Assistance Act, a debate arose thereon. And after some time, the debate was, on motion of Hon. Ms. Dubé, adjourned over on the following recorded division. YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. E. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc 278 52 - 53 Elizabeth II, 2003 -2004 June 16

NAYS - 22 Mr. McGinley Mr. Branch Mr. Murphy Mr. Jamieson Ms. Weir Mr. Kenny Mr. MacIntyre Mr. Kennedy Mr. Arseneault Mr. Allaby Mr. Ouellette Mr. Albert Mr. S. Graham Ms. Robichaud Mr. Paulin Mr. Haché Mr. Lamrock Mr. Doucet Mr. Armstrong Mr. Burke Mr. Brewer Mr. Landry

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 12.30 o’clock p.m., the Chairman left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. At 3.59 o’clock the Chairman declared a recess and left the chair. 4.09 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. With the unanimous consent of the House, the opening statement of the Minister of Natural Resources was deemed to have been read into the record. And after some time, Mr. Holder took the chair. It was agreed by unanimous consent to extend the ordinary hours of sitting and to adjourn at 7 o’clock p.m. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, resumed the chair, and Mr. Holder, the Chairman, after requesting that Mr. Deputy Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Deputy Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: June 16 Journal of Assembly 279

MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT DEPARTMENT OF TOURISM AND PARKS Resolved, That there be granted to Her Majesty a sum not exceeding $24,016,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Administration ...... 632,000 Business and Tourism Infrastructure ...... 23,421,000 Less amounts authorized by law ...... 37,000 Voted ...... 24,016,000 DEPARTMENT OF NATURAL RESOURCES AND ENERGY Resolved, That there be granted to Her Majesty a sum not exceeding $90,605,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Forest Management...... 51,017,000 Fish and Wildlife Management ...... 10,307,000 Minerals Management ...... 6,464,000 Corporate Services ...... 7,687,000 Land Management and Natural Areas ...... 4,772,000 Regional Management...... 9,552,000 First Nation’s Wood Harvest ...... 843,000 Less amounts authorized by law ...... 37,000 Voted ...... 90,605,000 CAPITAL ACCOUNT DEPARTMENT OF TOURISM AND PARKS Resolved, That there be granted to Her Majesty a sum not exceeding $500,000 to defray the expenses of the following program allocation for the fiscal year ending the 31st of March, 2005: Parks – Capital Improvements ...... 500,000 DEPARTMENT OF NATURAL RESOURCES AND ENERGY Resolved, That there be granted to Her Majesty a sum not exceeding $1,600,000 to defray the expenses of the following program allocation for the fiscal year ending the 31st of March, 2005: Musquash Watershed Infrastructure - Capital Improvements ...... 1,600,000 280 52 - 53 Elizabeth II, 2003 -2004 June 16

WORKING CAPITAL – MAXIMUM BALANCES PETTY CASH ADVANCES Tourism and Parks ...... 25,000 Natural Resources and Energy ...... 30,000 INVENTORIES Tourism and Parks ...... 150,000 Natural Resources and Energy ...... 510,000 The said items were concurred in by the House.

And then, 7 o’clock p.m. the House adjourned.

The following documents, having been deposited with the Clerk of the House were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 95 June 16, 2004 June 17 Journal of Assembly 281

Thursday, June 17, 2004. 10 o’clock a.m. Prayers The following Private Bill was introduced and read a first time: By Mr. Stiles, Bill 62, Embalmers, Funeral Directors and Funeral Providers Act. Ordered that the said Bill be referred to the Standing Committee on Private Bills.

Hon. P. Robichaud announced that it was the intention of government that following second reading of Bills, and with the unanimous consent of the House to dispense with Private Members’ Motions, the House would resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Agriculture, Fisheries and Aquaculture and the Department of Training and Employment Development.

It was agreed by unanimous consent to dispense with the two hours allotted for the consideration of Private Members’ Motions.

The Order being read for second reading of Bill 61, An Act to Amend the Coroners Act, a debate arose thereon. And after some time, the debate was, on motion of Hon. Mr. Steeves, adjourned over on the following recorded division. YEAS - 25 Hon. Ms. Blaney Hon. Mr. Steeves Hon. Mr. Huntjens Hon. E. Robichaud Hon. Ms. Dubé Mr. Betts Hon. Mr. Mesheau Hon. Ms. Poirier Mr. Malley Hon. Mr. Volpé Hon. Mr. Ashfield Mr. Williams Hon. Mr. Lord Hon. Mr. Fitch Mr. Carr Hon. Mr. Green Hon. Ms. Fowlie Mr. Stiles Hon. D. Graham Hon. P. Robichaud Mr. Holder Hon. Mr. Mockler Hon. Mr. Alward Mr. C. LeBlanc Hon. Ms. MacAlpine NAYS - 21 Mr. McGinley Mr. Ouellette Mr. Arseneault Mr. Allaby Ms. Robichaud Mr. Albert Mr. S. Graham Mr. Lamrock Mr. A. LeBlanc 282 52 - 53 Elizabeth II, 2003 - 2004 June 17

Mr. Haché Mr. Targett Mr. Paulin Mr. Armstrong Mr. Burke Mr. Doucet Mr. Landry Mr. Murphy Mr. Boudreau Mr. Branch Mr. Kenny Mr. Brewer

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. It was agreed by unanimous consent to vary the hours of sitting, to recess at 12 noon and to resume at 1 o’clock p.m. At 12 o’clock, the Chairman left the chair to resume again at 1 o’clock p.m. 1 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. At 3 o’clock p.m., the Chairman declared a 5-minute recess and left the chair. 3.05 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Holder took the chair. And after some further time, Mr. C. LeBlanc resumed the chair. It was agreed by unanimous consent to extend the ordinary hours of sitting and to adjourn at 7 o’clock p.m. And after some time Mr. Speaker resumed the chair, and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: June 17 Journal of Assembly 283

MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT DEPARTMENT OF AGRICULTURE, FISHERIES AND AQUACULTURE Resolved, That there be granted to Her Majesty a sum not exceeding $28,450,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Management Services ...... 3,958,000 Agriculture Development and Innovation...... 18,933,000 Fisheries, Aquaculture and Policy ...... 5,596,000 Less amounts authorized by law ...... 37,000 Voted ...... 28,450,000 DEPARTMENT OF TRAINING AND EMPLOYMENT DEVELOPMENT Resolved, That there be granted to Her Majesty a sum not exceeding $193,547,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Corporate Services ...... 69,534,000 Apprenticeship Services ...... 3,302,000 Adult Learning Opportunities ...... 3,386,000 Advocacy Programs ...... 974,000 Labour Services ...... 1,657,000 Employment Development ...... 22,771,000 Labour Market Development ...... 91,960,000 Less amounts authorized by law ...... 37,000 Voted ...... 193,547,000 GENERAL GOVERNMENT Voted, Supply in the following amount to defray the expenses of the following program for the fiscal year ending the 31st of March, 2005: Labour and Employment Board ...... 589,000 CAPITAL ACCOUNT DEPARTMENT OF AGRICULTURE, FISHERIES AND AQUACULTURE Resolved, That there be granted to Her Majesty a sum not exceeding $300,000 to defray the expenses of the following program allocation for the fiscal year ending the 31st of March, 2005: Capital Improvements ...... 300,000 284 52 - 53 Elizabeth II, 2003 - 2004 June 17

LOANS AND ADVANCES DEPARTMENT OF AGRICULTURE, FISHERIES AND AQUACULTURE Resolved, That there be granted to Her Majesty a sum not exceeding $1,600,000 to defray the expenses of the following program allocation for the fiscal year ending the 31st of March, 2005: New Brunswick Crop Insurance Commission ...... 1,600,000 WORKING CAPITAL – MAXIMUM BALANCES WORKING CAPITAL ADVANCES Agriculture, Fisheries and Aquaculture ...... 1,100,000 Workplace Health, Safety and Compensation Commission ...... 1,080,000 PETTY CASH ADVANCES Agriculture, Fisheries and Aquaculture ...... 25,000 Training and Employment Development ...... 20,000 INVENTORIES Agriculture, Fisheries and Aquaculture ...... 1,000 Training and Employment Development ...... 1,250,000 The said items were concurred in by the House.

And then, 7 o’clock p.m. the House adjourned. June 18 Journal of Assembly 285

Friday, June 18, 2004. 10 o’clock a.m. Prayers The following Bills were introduced and read a first time: By Mr. A. LeBlanc, Bill 63, An Act to Amend the Workers’ Compensation Act. Bill 64, An Act to Amend the Workers’ Compensation Act. Ordered that the said Bills be read a second time at the next sitting.

Hon. P. Robichaud announced that it was the intention of government that the House resolve itself into a Committee of the Whole House to consider legislation; namely, Bills 58, 37 and 13; following which, the House would resolve itself into a Committee of Supply to consider the estimates of the Department of Energy, the Aboriginal Affairs Secretariat, and the Department of Justice.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 1 o’clock p.m., and to adjourn at 4.30 o’clock p.m.

The House resolved itself into a Committee of the Whole with Mr. C. LeBlanc in the chair. And after some time, Mr. Holder took the chair. And after some further time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that he had been directed to report the following Bills as agreed to: Bill 13, An Act Respecting Mental Health and Public Health Services. Bill 37, Human Tissue Gift Act. Bill 58, An Act to Amend the Occupational Health and Safety Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. 286 52 - 53 Elizabeth II, 2003 - 2004 June 18

At 12.30 o’clock p.m., the Chairman left the chair, to resume again at 1 o’clock p.m. 1 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. Williams took the chair as Acting Chairman. And after some further time, Mr. Holder took the chair. And after some further time spent in Committee of Supply, Mr. Speaker resumed the chair, and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT DEPARTMENT OF ENERGY Resolved, That there be granted to Her Majesty a sum not exceeding $1,857,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Administration ...... 518,000 Energy Policy Management ...... 1,376,000 Less amounts authorized by law ...... 37,000 Voted ...... 1,857,000 DEPARTMENT OF JUSTICE Resolved, That there be granted to Her Majesty a sum not exceeding $41,978,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Administration and Planning ...... 3,868,000 Attorney General ...... 12,545,000 Court Services ...... 19,260,000 Justice Services ...... 2,693,000 Legal Aid ...... 3,649,000 Less amounts authorized by law ...... 37,000 Voted ...... 41,978,000 June 18 Journal of Assembly 287

GENERAL GOVERNMENT Voted, Supply in the following amount to defray the expenses of the following program for the fiscal year ending the 31st of March, 2005: Aboriginal Affairs Secretariat ...... 746,000 WORKING CAPITAL – MAXIMUM BALANCES WORKING CAPITAL ADVANCES General Government - New Brunswick Board of Commissioners of Public Utilities ...... 500,000 Justice - Rentalsman ...... 150,000 PETTY CASH ADVANCES Justice ...... 30,000 The said items were concurred in by the House.

And then 4.30 o’clock p.m. the House adjourned. 288 52 - 53 Elizabeth II, 2003 - 2004 June 22

Tuesday, June 22, 2004. 1 o’clock p.m. Prayers Following prayers, to commemorate National Aboriginal Day celebrated on June 21, Ms. Holly Jane Francis sang the national anthem in the Mi’kmaq language.

Hon. Mr. Mockler recognized the contributions of former Premiers Louis J. Robichaud (1960-1970) and Richard B. Hatfield (1070-1987) to the cultural history of the province of New Brunswick.

During Congratulatory Messages, Mr. Allaby rose on a point of order and submitted that the Minister of Education, Ms. Dubé, had delivered a Minister’s Statement. Mr. Speaker ruled the comments made by the Minister were congratulatory in nature.

Following Oral Questions, Mr. Allaby rose on a point of order and submitted that the Minister of Environment and Local Government should be required to table a document to which she referred during her response to a question. Hon. Mr. Green spoke to the point of order. Mr. Speaker ruled that unless documentation is quoted directly, it is not necessary that it be tabled.

Mr. Boudreau gave Notice of Motion 119 that on Tuesday, June 29, 2004, he would move the following resolution, seconded by Ms. Robichaud: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all documentation, memorandums, e-mails, faxes, letters, etc. between this government and District Education Councils with respect to any cuts in hours or positions of teachers’ aides and school library staff since April 1, 2004.

Mr. Jamieson gave Notice of Motion 120 that on Tuesday, June 29, 2004, he would move the following resolution, seconded by Mr. Burke: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House the Remediation Plan(s) submitted to the Department of the Environment and Local Government and all related e-mails, faxes, June 22 Journal of Assembly 289 documentation, memorandums, letters, etc. with respect to the coastal development that has been undertaken by Gilles and/or Michel LeBlanc on Euclide-Leger Road in Cap-Brûlé.

It was agreed by unanimous consent to dispense with the two hours allotted for the consideration of Private Members’ Motions and to vary the hours of sitting, to recess at 6 o’clock p.m., to resume at 7 o’clock p.m., and to adjourn at 10 o’clock p.m.

On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud: Resolved, THAT when the Assembly adjourns on Wednesday, June 23, 2004, it stand adjourned until Thursday, June 24, 2004, at 10 o’clock a.m.

Hon. Mr. Green announced that it was the intention of government that following third and second reading of Bills, the House would resolve itself into a Committee of Supply to consider the estimates of the Department of Family and Community Services and the New Brunswick Advisory Council on Seniors.

The following Bills were read a third time: Bill 13, An Act Respecting Mental Health and Public Health Services. Bill 37, Human Tissue Gift Act. Bill 58, An Act to Amend the Occupational Health and Safety Act. Ordered that the said Bills do pass.

The Order being read for second reading of Bill 63, An Act to Amend the Workers’ Compensation Act, a debate arose thereon. And after some time, the debate was, on motion of Hon. Ms. Blaney adjourned over on the following recorded division: YEAS - 26 Hon. Ms. Blaney Mr. Sherwood Mr. Betts Hon. E. Robichaud Hon. Mr. Steeves Mr. Malley Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Williams Hon. Mr. Volpé Hon. Ms. Poirier Mr. Carr Hon. Mr. Lord Hon. Mr. Ashfield Mr. MacDonald Hon. Mr. Green Hon. Mr. Fitch Mr. Stiles Hon. D. Graham Hon. Ms. Fowlie Mr. Holder Hon. Mr. Mockler Hon. Mr. Alward Mr. LeBlanc Hon. Ms. MacAlpine Hon. Mr. Huntjens 290 52 - 53 Elizabeth II, 2003 - 2004 June 22

NAYS - 23 Mr. McGinley Mr. Branch Mr. Arseneault Mr. Jamieson Ms. Weir Mr. Albert Mr. MacIntyre Mr. Kennedy Mr. A. LeBlanc Mr. Allaby Mr. Ouellette Mr. Paulin Mr. S. Graham Ms. Robichaud Mr. Doucet Mr. Haché Mr. Burke Mr. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny

The Order being read for second reading of Bill 64, An Act to Amend the Workers’ Compensation Acta debate arose thereon. And after some time, the debate was, on motion of Hon. Ms. Blaney adjourned over on the following recorded division: YEAS - 25 Hon. Ms. Blaney Hon. Mr. Steeves Mr. Betts Hon. E. Robichaud Hon. Ms. Dubé Mr. Malley Hon. Mr. Mesheau Hon. Ms. Poirier Mr. Williams Hon. Mr. Volpé Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. Mr. Alward Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Huntjens Mr. C. LeBlanc Mr. Sherwood NAYS - 21 Mr. McGinley Mr. Landry Mr. Arseneault Mr. Jamieson Ms. Weir Mr. Albert Mr. MacIntyre Mr. Ouellette Mr. A. LeBlanc Mr. Allaby Ms. Robichaud Mr. Paulin Mr. S. Graham Mr. Burke Mr. Doucet Mr. Haché Mr. Murphy Mr. Boudreau Mr. Armstrong Mr. Kenny Mr. Brewer

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, Mr. Williams took the chair as Acting Chairman. And after some further time, Mr. C. LeBlanc resumed the chair. At 6 o’clock p.m., the Chairman declared a recess and left the chair. June 22 Journal of Assembly 291

7 o’clock p.m. The Committee resumed with Mr. Holder in the chair. And after some time, Mr. C. LeBlanc resumed the chair. And after some further time, Mr. Betts took the chair as Acting Chairman. And after some further time spent in Committee of Supply, Mr. Holder resumed the chair. And after some time, Mr. Carr took the chair as Acting Chairman. And after some further time, Mr. Holder resumed the chair. Mr. Speaker resumed the chair, and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT GENERAL GOVERNMENT Voted, Supply in the following amount to defray the expenses of the following program for the fiscal year ending the 31st of March, 2005: New Brunswick Advisory Council on Seniors ...... 204,000,000 And then 10 o’clock p.m. the House adjourned.

The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House, pursuant to Standing Rule 39: Documents requested in Notices of Motions 98 and 104 June 18, 2004 292 52 - 53 Elizabeth II, 2003 - 2004 June 23

Wednesday, June 23, 2004. 10 o’clock a.m. Prayers Mr. Sherwood from the Standing Committee on Private Bills, presented the Fourth Report of the Committee for the session which was read and is as follows: June 23, 2004. To The Honourable The Legislative Assembly of The Province of New Brunswick. Mr. Speaker: Your Standing Committee on Private Bills begs leave to submit this, their Fourth Report of the session. Your Committee met on June 22, 2004, in the Legislative Council Chamber and had under consideration: Bill 57, Optometry Act, 2004. which it recommends to the favourable consideration of the House with certain amendments. Your Committee also had under consideration: Bill 62, Embalmers, Funeral Directors and Funeral Providers Act. which it recommends to the favourable consideration of the House. And your Committee begs leave to make a further report. I move, seconded by Mr. Betts, that the report be concurred in by the House. Mr. Milton Sherwood, MLA. Chairman. Mr. Speaker put the question on the motion of concurrence in the Report of the Committee, and it was resolved in the affirmative.

Hon. Mr. Volpé, Minister of Finance, delivered to Mr. Speaker a Message from His Honour, the Lieutenant-Governor, and the said Message was read by Mr. Speaker, all the Members standing, and is as follows: June 23 Journal of Assembly 293

Fredericton, N.B. June 23, 2004. His Honour the Lieutenant-Governor transmits a Bill entitled Special Appropriation Act 2004 and having been informed of the subject matter of the Bill, recommends the same to the House. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

The following Bills were introduced and read a first time: By Hon. Mr. Volpé, Bill 65, Special Appropriation Act 2004. Bill 66, Loan Act 2004. Bill 67, An Act to Amend the Real Property Tax Act. Bill 68, An Act to Amend the New Brunswick Income Tax Act. By Hon. Mr. Volpé on behalf of Hon. Mr. Green, Bill 69, An Act Respecting the Fines for Provincial Offences. Bill 70, An Act to Amend the Provincial Court Act. By Hon. D. Graham on behalf of Hon. Mr. Lord, Bill 71, An Act to Amend the Executive Council Act. By Hon. Mr. Steeves, Bill 72, An Act to Amend the Motor Vehicle Act. By Hon. Ms. Poirier, Bill 73, An Act to Amend the Public Service Superannuation Act. By Hon. Mr. Mockler, Bill 74, An Act to Amend the Personal Property Security Act. Ordered that the said Bills be read a second time at the next sitting.

Hon. P. Robichaud announced that it was the intention of government that the House resolve itself into a Committee of Supply to resume consideration of the estimates of the Department of Family and Community Services and to begin consideration of the following estimates: Intergovernmental and International Relations, Intergovernmental Conferences, Council of Atlantic Premiers, Culture and Sport Secretariat, Service New Brunswick - Government Service Delivery, Consolidated Entities, New Brunswick Police Commission, and the Department of Public Safety. 294 52 - 53 Elizabeth II, 2003 - 2004 June 23

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 12.30 o’clock p.m., the Chairman left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. It was agreed by unanimous consent, that the opening statement of Hon. Mr. Mockler, the Minister of Intergovernmental and International Relations, as tabled with the Chairman, be deemed to have been read into the record. And after some time, Mr. Malley took the chair as Acting Chairman. And after some further time, Mr. Holder took the chair. And after some time, Mr. C. LeBlanc resumed the chair. And after some further time, Mr. Holder resumed the chair. And after some further time spent in Committee of Supply, Mr. Holder took the chair. And after some time, Mr. Speaker resumed the chair, and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT DEPARTMENT OF FAMILY AND COMMUNITY SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $707,681,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Planning and Corporate Services ...... 7,379,000 Family and Community Social Services ...... 396,599,000 Income Security ...... 227,710,000 Housing Services ...... 72,491,000 Program Development and Monitoring ...... 3,539,000 Less amounts authorized by law ...... 37,000 Voted ...... 707,681,000 June 23 Journal of Assembly 295

LOANS AND ADVANCES DEPARTMENT OF FAMILY AND COMMUNITY SERVICES Voted, Supply in the following amount to defray the expenses of the following program allocations for the fiscal year ending March 31, 2005: Housing ...... 5,405,000 WORKING CAPITAL – MAXIMUM BALANCES 2004-2005 Voted WORKING CAPITAL ADVANCES Family and Community Services - Replacement cheques ...... 1,900,000 PETTY CASH ADVANCES Family and Community Services ...... 24,000 INVENTORIES Family and Community Services ...... 100,000 The said items were concurred in by the House.

And then, 6 o’clock p.m. the House adjourned.

The following documents, having been deposited with the Clerk of the House were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 88 June 22, 2004 296 52 - 53 Elizabeth II, 2003 - 2004 June 24

Thursday, June 24, 2004. 10 o’clock a.m. Prayers On the occasion of the festivities surrounding the 400th anniversary of the first French settlement in North America, the Honourable the Premier welcomed to the House the following representatives of the government of the Department of the North in France: Bernard Derosier, President of the Conseil Général du Nord and member of the Assemblée Départementale; Renaud Tardy, Vice-President Responsible for Culture; Danièle Fardel-Thinon, Vice-President Responsible for Employment, Economic Development and New Technologies; Jocya Vancoillie, Vice-President Responsible for Sports and Tourism; Jean Schepman, Vice-President Responsible for the Environment, Human Environment, Water Policy, and Agenda 21; Delphine Bataille, Vice-President Responsible for Youth and Youth Integration; Didier Manier, Vice-President Responsible for Corporate Affairs.

The following Bills were introduced and read a first time: By Hon. E. Robichaud, Bill 75, Smoke-free Places Act. By Mr. S. Graham, Bill 76, An Act to Amend the Income Tax Act. Ordered that the said Bills be read a second time at the next sitting.

Hon. P. Robichaud announced that it was the intention of government that following second reading, the House would resolve itself into a Committee of Supply to take into consideration the estimates of the Departments of Health and Wellness, Transportation, and Public Safety.

It was agreed by unanimous consent to dispense with the two hours allotted for the consideration of Private Members’ Motions.

The following Private Bills were read a second time: Bill 57, Optometry Act, 2004. Bill 62, Embalmers, Funeral Directors and Funeral Providers Act. Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 57 and 62 for third reading forthwith. June 24 Journal of Assembly 297

The following Private Bills were read a third time: Bill 57, Optometry Act, 2004. Bill 62, Embalmers, Funeral Directors and Funeral Providers Act. Ordered that the said Bills do pass.

The Order being read for second reading of Bill 65, Special Appropriation Act 2004, a debate arose thereon. And the debate being ended, and the question being put that Bill 65 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 65, Special Appropriation Act 2004, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 66, Loan Act 2004, a debate arose thereon. And the debate being ended, and the question being put that Bill 66 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 66, Loan Act 2004, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 67, An Act to Amend the Real Property Tax Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 67 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 67, An Act to Amend the Real Property Tax Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 12 noon, and to resume at 1 o’clock p.m.

At 12 noon, Mr. Speaker left the chair to resume again at 1 o’clock p.m. 1 o’clock p.m. Mr. Speaker resumed the chair. The following Bills were read a second time: 298 52 - 53 Elizabeth II, 2003 - 2004 June 24

Bill 68, An Act to Amend the New Brunswick Income Tax Act. Bill 69, An Act Respecting the Fines for Provincial Offences. Bill 70, An Act to Amend the Provincial Court Act. Bill 71, An Act to Amend the Executive Council Act. Ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 72, An Act to Amend the Motor Vehicle Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 72 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 72, An Act to Amend the Motor Vehicle Act, was read a second time and ordered referred to the Committee of the Whole House.

The following Bills were read a second time: Bill 73, An Act to Amend the Public Service Superannuation Act. Bill 74, An Act to Amend the Personal Property Security Act. Ordered referred to the Committee of the Whole House.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 1.52 the Chairman declared a recess and left the chair. 2.15 o’clock p.m. The Committee resumed with Mr. Holder in the chair.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 6 o’clock p.m., to resume at 7 o’clock p.m., and to adjourn at 10 o’clock p.m.

Hon. Mr. Mockler welcomed to the Chamber Paul Cellucci, Ambassador to Canada, and Leonard Hill, Consul General at the U.S. Consulate General in Halifax, Nova Scotia.

It was agreed by unanimous consent, that the opening statement of Hon. P. Robichaud, the Minister of Transportation, as tabled with the Chairman, be deemed to have been read into the record. And after some time, Mr. Williams took the chair as Acting Chairman. June 24 Journal of Assembly 299

And after some further time, Mr. Holder resumed the chair. And after some further time spent in Committee of Supply, Mr. LeBlanc resumed the chair. And after some time, Mr. Holder resumed the chair. At 6 o’clock p.m., the Chairman declared a recess and left the chair. 7 o’clock p.m. The Committee resumed with Mr. Holder in the chair. And after some time, Mr. MacDonald took the chair as Acting Chairman. And after some further time, Mr. C. LeBlanc resumed the chair. And after some further time spent in Committee of Supply, Mr. Holder resumed the chair. And after some time, Mr. C. LeBlanc resumed the chair. It was agreed by unanimous consent to extend the hours of sitting to 10.45 o’clock p.m. And after some further time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker took the chair as Acting Speaker, and Mr. C. LeBlanc, the Chairman, after requesting that the Deputy Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, the Deputy Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004-2005 ORDINARY ACCOUNT DEPARTMENT TRANSPORTATION Resolved, That there be granted to Her Majesty a sum not exceeding $131,334,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Administration ...... 21,244,000 Policy, Development and Intergovernmental Relations ...... 3,021,000 Maintenance ...... 55,003,000 Winter Maintenance ...... 45,821,000 Bridge and Highway Construction ...... 4,696,000 New Brunswick Highway Corporation ...... 11,191,000 Less amounts authorized by law ...... 9,642,000 Voted ...... 131,334,000 300 52 - 53 Elizabeth II, 2003 - 2004 June 24

CAPITAL ACCOUNT DEPARTMENT OF TRANSPORTATION Resolved, That there be granted to Her Majesty a sum not exceeding $248,750,000 to defray the expenses of the following Capital account program allocations for the fiscal year ending the 31st of March, 2005: Permanent Bridges ...... 33,355,000 Permanent Highways ...... 85,955,000 Canada-New Brunswick Highway Improvement Program ...... 13,190,000 Canada-New Brunswick Strategic Highway Infrastructure Program ...... 10,500,000 Canada-New Brunswick Strategic Infrastructure Program ...... 78,100,000 Canada-New Brunswick Border Infrastructure Program ...... 5,000,000 Routes 11 and 17 ...... 15,650,000 Vehicle Management Agency ...... 7,000,000 Voted ...... 248,750,000 WORKING CAPITAL - MAXIMUM BALANCES 2004 - 2005 Voted PETTY CASH ADVANCES Transportation ...... 50,000 INVENTORIES Transportation ...... 19,000,000 The said items were concurred in by the House.

And then, 10.45 o’clock p.m., the House adjourned. June 25 Journal of Assembly 301

Friday, June 25, 2004. 10 o’clock a.m. Prayers. The honourable the Premier welcomed to the House Eldon Rogers and Ed Oursien, members of the Canadian Association of Veterans in United Nations Peacekeeping in recognition of August 9 being declared Peacekeeping Memorial Day in New Brunswick.

Mr. Speaker welcomed to the House a delegation of German Parliamentarians representing the Partnership of Parliaments: Alfons Schöps, Executive Director, Hon. Axel Hahn, MdA, Board Member; and André Reiser, member.

Hon. Ms. Poirier, Minister Responsible for the Office of Human Resources and Member for Rogersville-Kouchibouguac, laid upon the table of the House a petition signed by members of the public for the protection of the forests of New Brunswick who are against clear cutting and who are for select cutting. (Petition 44).

Hon. Ms. Poirier, Minister Responsible for the Office of Human Resources and Member for Rogersville-Kouchibouguac, laid upon the table of the House a petition signed by members of the working public who could not attend the public hearings of the Select Committee on Wood supply, urging that Crown lands be managed via proper forestry practices in order to benefit the people of N.B. (Petition 45)

Mr. Arseneault, Member for Dalhousie-Restigouche East, laid upon the table of the House a petition signed by citizens from the Restigouche County area who oppose the new health plan and the elimination of St. Joseph Hospital. (Petition 46)

The following Bill was introduced and read a first time: By Ms. Weir, Bill 77, Pay Equity Act. Ordered that the said Bill be read a second time at the next sitting.

On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud: 302 52 - 53 Elizabeth II, 2003 - 2004 June 25

Resolved, THAT when the Assembly adjourns at the end of this sitting day, it stand adjourned until 10 o’clock a.m. on Tuesday, June 29, 2004, at 10 o’clock a.m.

Hon. P. Robichaud announced that it was the intention of government that following second reading, the House would resolve itself into a Committee of Supply to consider the estimates of the Department of Intergovernmental and International Relations, Intergovernmental Conferences, Council of Atlantic Premiers, Culture and Sport Secretariat, Service New Brunswick, Consolidated Entities, N.B. Police Commission, Department of Public Safety, and Legislative Assembly; following which, the House would resolve itself into a Committee of the Whole House to consider legislation; namely, Bills 22, 33, 38, 65, 67, 68, 69, 70, 71, 72, 73 and 74.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 1 o’clock p.m., and to adjourn at 4.30 o’clock p.m.

The Order being read for second reading of Bill 75, Smoke-free Places Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And the debate being ended, and the question being put that Bill 75 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 75, Smoke-free Places Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 76, An Act to Amend the Income Tax Act, a debate arose thereon. And after some time, the debate was, on motion of Hon. Mr. Volpé, adjourned over.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 12.30 o’clock p.m., the Chairman left the chair, to resume again at 1 o’clock p.m. 1 o’clock p.m. June 25 Journal of Assembly 303

The Committee resumed with Mr. C. LeBlanc in the chair. It was agreed by unanimous consent, that the opening statement of Hon. Mr. Steeves, the Minister of Public Safety, as tabled with the Chairman, be deemed to have been read into the record. And after some time, Mr. Speaker resumed the chair, and Mr. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative. The following are the items reported: MAIN ESTIMATES, 2004 - 2005 ORDINARY ACCOUNT DEPARTMENT OF INTERGOVERNMENTAL AND INTERNATIONAL RELATIONS Resolved, That there be granted to Her Majesty a sum not exceeding $3,113,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Intergovernmental and International Relations ...... 3,150,000 Less amounts authorized by law ...... 37,000 Voted ...... 3,113,000 DEPARTMENT OF PUBLIC SAFETY Resolved, That there be granted to Her Majesty a sum not exceeding $89,137 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Corporate Services and Planning ...... 4,427,000 Community and Correctional Services ...... 29,342,000 Safety Services ...... 55,405,000 Less amounts authorized by law ...... 37,000 Voted ...... 89,137,000 LEGISLATIVE ASSEMBLY Voted, Supply in the following amounts to defray the expenses of the following programs for the fiscal year ending the 31st of March, 2005: Members’ Allowances and Committees...... 2,478,000 Office of the Legislative Assembly ...... 2,675,000 Office of the Auditor General ...... 1,691,000 Leaders of Registered Political Parties ...... 1,581,000 304 52 - 53 Elizabeth II, 2003 - 2004 June 25

Office of the Chief Electoral Officer ...... 4,954,000 Office of the Ombudsman ...... 693,000 Office of the Supervisor of Political Financing ...... 132,000 Office of the Commissioner of Official Languages...... 505,000 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following programs for the fiscal year ending the 31st of March, 2005: Service New Brunswick - Government Service Delivery ...... 16,904,000 Service New Brunswick - Property Tax Assessment Provision ...... 5,885,000 Service New Brunswick - Land Information Services ...... 2,546,000 Intergovernmental Conferences ...... 25,000 Council of Atlantic Premiers ...... 772,000 Culture and Sport Secretariat ...... 11,766,000 Consolidated Entities ...... 0 New Brunswick Police Commission ...... 159,000 WORKING CAPITAL – MAXIMUM BALANCES PETTY CASH ADVANCES Voted Public Safety ...... 25,000 Other (small departments) ...... 40,000 The said items were concurred in by the House.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. And after some time, it was agreed by unanimous consent to continue sitting until 5 o’clock p.m. and to consider Bill 75 during this sitting of the Committee of the Whole House. And after some further time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that he had been directed to report the following Bills as agreed to: Bill 22, An Act to Amend the Education Act. Bill 33, An Act to Amend the Clean Water Act. Bill 38, An Act Respecting Sunday Shopping. Bill 65, Special Appropriation Act 2004. Bill 66, Loan Act 2004. Bill 67, An Act to Amend the Real Property Tax Act. Bill 68, An Act to Amend the New Brunswick Income Tax Act. Bill 69, An Act Respecting the Fines for Provincial Offences. Bill 70, An Act to Amend the Provincial Court Act. Bill 71, An Act to Amend the Executive Council Act. Bill 72, An Act to Amend the Motor Vehicle Act. June 25 Journal of Assembly 305

Bill 73, An Act to Amend the Public Service Superannuation Act. Bill 74, An Act to Amend the Personal Property Security Act. Bill 75, Smoke-free Places Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

And then 5.38 o’clock p.m., the House adjourned. 306 52 - 53 Elizabeth II, 2003 - 2004 June 29

Tuesday, June 29, 2004. 10 o’clock a.m. Prayers. Mr. McGinley, Member for Grand Lake, laid upon the table of the House a petition signed by residents of the Cumberland Bay- Chipman area who want to make known their strong disapproval of the proposed Industrial Waste Landfill which Irving Pulp and Paper are planning for the Coal Creek Area. (Petition 47)

Hon. Mr. Green laid upon the table of the House the following documents: 1. New Brunswick Automobile Insurance Review Report. Prepared for the New Brunswick Office of the Attorney General, June 25, 2004. Prepared by PricewaterhouseCoopers LLP. 2. Report to the Office of the Attorney General for the Province of New Brunswick on the Review of the Final Report of the Select Committee on Public Automobile Insurance. Prepared by: Brian G. Pelly, Fellow, Canadian Institute of Actuaries, Eckler Partners Ltd.

The following Bills were introduced and read a first time: By Hon. Mr. Green, Bill 78, An Act to Amend the Insurance Act. Bill 79, Consumer Advocate for Insurance Act. By Hon. Mr. Steeves, Bill 80, An Act to Amend the Motor Vehicle Act. By Hon. Mr. Green, Bill 81, An Act to Amend the Legal Aid Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. Allaby gave Notice of Motion 121 that on Tuesday, July 6, 2004, he would move the following resolution, seconded by Mr. Lamrock: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House all correspondence, including e-mails, faxes, letters, memoranda and briefing notes relating to plans for the extension of the Ring Road from Marysville to South Portage (36 kms of highway and all associated small bridge structures commonly referred to as the Route 8 by-pass), for the period January 1997 to June 2004. June 29 Journal of Assembly 307

Hon. Mr. Green announced that it was the intention of government that following third and second reading, the House would resolve itself into a Committee of Supply to resume consideration of the estimates of the Department of Health and Wellness; following which, with leave of the House to revert to Introduction of Bills, the government would introduce the Appropriations Act 2004-2005 and proceed with second reading, Committee of the Whole House, and third reading of said Bill, following which, with leave, the House would proceed with second reading of Bills 78, 79, and 80.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 12 o’clock noon, and to resume at 1 o’clock p.m. 12 o’clock noon. Mr. Speaker declared a recess and left the chair. 1 o’clock p.m. Mr. Speaker resumed the chair. The following Bill was read a third time: Bill 22, An Act to Amend the Education Act. Ordered that the said Bill does pass.

The Order being read for third reading of Bill 33, An Act to Amend the Clean Water Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 33 be now read a third time, it was resolved in the affirmative. Accordingly, Bill 33, An Act to Amend the Clean Water Act, was read a third time and passed.

The Order being read for third reading of Bill 38, An Act Respecting Sunday Shopping, a debate arose thereon. And the debate being ended, and the question being put that Bill 38 be now read a third time, it was resolved in the affirmative. Accordingly, Bill 38, An Act Respecting Sunday Shopping, was read a third time and passed.

The following Bills were read a third time: 308 52 - 53 Elizabeth II, 2003 - 2004 June 29

Bill 65, Special Appropriation Act 2004. Bill 66, Loan Act 2004. Bill 67, An Act to Amend the Real Property Tax Act. Ordered that the said Bills do pass.

The Order being read for third reading of Bill 68, An Act to Amend the New Brunswick Income Tax Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 68 be now read a third time, it was resolved in the affirmative. Accordingly, Bill 68, An Act to Amend the New Brunswick Income Tax Act, was read a third time and passed.

The Order being read for third reading of Bill 69, An Act Respecting the Fines for Provincial Offences, a debate arose thereon. And the debate being ended, and the question being put that Bill 69 be now read a third time, it was resolved in the affirmative. Accordingly, Bill 69, An Act Respecting the Fines for Provincial Offences, was read a third time and passed.

The following Bills were read a third time: Bill 70, An Act to Amend the Provincial Court Act. Bill 71, An Act to Amend the Executive Council Act. Bill 72, An Act to Amend the Motor Vehicle Act. Bill 73, An Act to Amend the Public Service Superannuation Act. Bill 74, An Act to Amend the Personal Property Security Act. Bill 75, Smoke-free Places Act. Ordered that the said Bills do pass.

The Order being read for second reading of Bill 77, Pay Equity Act, a debate arose thereon. And after some time, Ms. Weir, seconded by Ms. Robichaud, moved in amendment: AMENDMENT THAT the motion for second reading be amended by deleting all the words after the word “that” and substituting the following: Bill 77, Pay Equity Act, be not now read a second time, but that the order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments. And the question being put, it was resolved in the affirmative. June 29 Journal of Assembly 309

It was agreed by unanimous consent to dispense with the two hours allotted for consideration of Private Members’ Motions.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. And after some time, the motion, that there be granted to Her Majesty a sum not exceeding $1,609,634,000 to defray the expenses of the Ordinary Account program allocations, for the Department of Health and Wellness for the fiscal year ending the 31st of March, 2005, was adopted on the following recorded division: YEAS - 26 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward NAYS - 25 Mr. McGinley Ms. Weir Mr. Kenny Mr. Jamieson Mr. Kennedy Mr. Arseneault Mr. MacIntyre Mr. Ouellette Mr. Albert Mr. Allaby Ms. Robichaud Mr. A. LeBlanc Mr. S. Graham Mr. Lamrock Mr. Paulin Mr. Haché Mr. Targett Mr. Doucet Mr. Armstrong Mr. Burke Mr. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch And after some time, Mr. Speaker resumed the chair, and Mr. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them and had passed all remaining items. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative on the following recorded division: 310 52 - 53 Elizabeth II, 2003 - 2004 June 29

YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc NAYS - 25 Mr. McGinley Ms. Weir Mr. Kenny Mr. Jamieson Mr. Kennedy Mr. Arseneault Mr. MacIntyre Mr. Ouellette Mr. Albert Mr. Allaby Ms. Robichaud Mr. A. LeBlanc Mr. S. Graham Mr. Lamrock Mr. Paulin Mr. Haché Mr. Targett Mr. Doucet Mr. Armstrong Mr. Burke Mr. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch The following are the items reported: MAIN ESTIMATES, 2004 - 2005 ORDINARY ACCOUNT DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $1,609,634,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2005: Administrative Services ...... 17,230,000 Public Health and Medical Services ...... 586,264,000 Institutional Services ...... 949,744,000 Mental Health Services...... 56,433,000 Less amounts authorized by law ...... 37,000 Voted ...... 1,609,634,000 WORKING CAPITAL - MAXIMUM BALANCES WORKING CAPITAL ADVANCES Voted Health and Wellness ...... 3,202,000 PETTY CASH ADVANCES Health and Wellness ...... 30,000 The said items were concurred in by the House. June 29 Journal of Assembly 311

With leave of the House, the following Bill was introduced and read a first time: By Hon. Mr. Volpé, Bill 82, Appropriations Act 2004-2005. Ordered that the said Bill be read a second time at the next sitting.

It was agreed by unanimous consent that Bill 82, Appropriations Act 2004-2005, be read a second time forthwith.

The Order being read for second reading of Bill 82, Appropriations Act 2004-2005, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. At 3.10 o’clock Mr. Deputy Speaker declared a recess and left the chair. 3.33 o’clock p.m. Mr. Holder, the Deputy Speaker, resumed the chair. And after some time, the debate being ended and the question being put that Bill 82 be now read a second time, it was resolved in the affirmative on the following recorded division: YEAS - 27 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc NAYS - 22 Mr. McGinley Mr. Branch Mr. Murphy Mr. Jamieson Ms. Weir Mr. Kenny Mr. MacIntyre Mr. Kennedy Mr. Arseneault Mr. Allaby Mr. Ouellette Mr. Albert Mr. S. Graham Ms. Robichaud Mr. Paulin Mr. Haché Mr. Lamrock Mr. Doucet Mr. Armstrong Mr. Burke Mr. Boudreau Mr. Landry 312 52 - 53 Elizabeth II, 2003 - 2004 June 29

Accordingly, Bill 82, Appropriations Act 2004-2005, was read a second time and referred to the Committee of the Whole House.

The House resolved itself into a Committee of the Whole House with Mr. C. LeBlanc in the chair. And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that he had been directed to report the following Bill as agreed to: Bill 82, Appropriations Act 2004-2005. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

It was agreed by unanimous consent that Bill 82, Appropriations Act 2004-2005, be read a third time forthwith. The following Bill was read a third time Bill 82, Appropriations Act 2004-2005. Ordered that the said Bill does pass.

It was agreed by unanimous consent that Bills 78, 79 and 80 be read a second time forthwith

The Order being read for second reading of Bill 78, An Act to Amend the Insurance Act, a debate arose thereon. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. It was agreed by unanimous consent to vary the hours of sitting, to recess at 6 o’clock p.m., and to resume at 7 o’clock p.m. At 6 o’clock p.m., the Deputy Speaker left the chair to resume again at 7 o’clock p.m. 7 o’clock p.m. Mr. Holder, the Deputy Speaker, resumed the chair. And after some further time, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. June 29 Journal of Assembly 313

And after some time, due to the unavoidable absence of Mr. Speaker and the Deputy Speakers, Mr. Betts took the chair as Acting Speaker. And after some further time, Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker. And after some time, the debate being ended, and the question being put that Bill 78 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 78, An Act to Amend the Insurance Act, was read a second time and passed.

The Order being read for second reading of Bill 79, Consumer Advocate for Insurance Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 79 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 79, Consumer Advocate for Insurance Act, was read a second time and passed.

The Order being read for second reading of Bill 80, An Act to Amend the Motor Vehicle Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 80 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 80, An Act to Amend the Motor Vehicle Act, was read a second time and passed.

And then 10.41 o’clock p.m., the House adjourned. 314 52 - 53 Elizabeth II, 2003 - 2004 June 30

Wednesday, June 30, 2004. 10 o’clock a.m. Prayers. Mr. Landry stood on a point of order with respect to documents tabled by the Minister of Justice during yesterday’s sitting, noting the documents were provided in English only and submitting that the documents should also have been tabled in French. Hon. Mr. Green spoke on the point of order and advised that the documents were prepared outside government, had just recently been received, and were currently being translated. Mr. Speaker ruled that it is in order to table documents that are received by government in one official language and noted that the translated version of the documents would be provided to Members shortly.

Ms. Weir, Member for Saint John Harbour, laid upon the table of the House a petition signed by citizens supporting the proposed amendment to the New Brunswick Human Rights Act to include “social condition” as prohibited grounds of discrimination. (Petition 48)

Mr. Allaby gave Notice of Motion 122 that on Thursday, July 8, 2004, he would move the following resolution, seconded by Mr. Burke: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House a copy of all of the statements filed by insurers to the Superintendent of Insurance under the requirements of subsection 79(1) of the Insurance Act for the calendar year 2003.

Mr. Allaby gave Notice of Motion 123 that on Thursday, July 8, 2004, he would move the following resolution, seconded by Mr. Burke: That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House the projections for increases in revenues as a result of Bill 69 (An Act Respecting the Fines for Provincial Offences) broken down by category of fine or offence.

Mr. Arseneault gave Notice of Motion 124 that on Thursday, July 8, 2004, he would move the following resolution, seconded by Mr. Murphy: June 30 Journal of Assembly 315

That an address be presented to His Honour the Lieutenant- Governor praying that he cause to be laid upon the table of the House a copy of all flight logs from the government plane from January 1, 2004, to June 30, 2004, and a breakdown of expenditures arising from the ongoing operation of the government plane from January 1, 2004, to June 30, 2004.

Mr. Paulin gave Notice of Motion 125 that on Thursday, July 8, 2004, he would move the following resolution, seconded by Mr. MacIntyre: That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House a copy of all financial statements, broken down into amounts spent for specific budget items, for the Hotel-Dieu de St-Joseph de St-Quentin for the fiscal year 2003-04 and for the current fiscal year to date.

Hon. Mr. Green announced that it was the intention of government that following second reading of Bills, the House would resolve itself into a Committee of the Whole to consider Bills 78, 79, and 80, and with unanimous consent, Bill 81. With consent, the House would proceed to third reading of Bills 78, 79, 80, and 81; following which, the House would consider Bills 46 and 24 in the Committee of the Whole House. With consent, the House would proceed with third reading of Bills 46 and 24, followed by the Royal Assent Ceremony.

The Order being read for second reading of Bill 81, An Act to Amend the Legal Aid Act, a debate arose thereon. And the debate being ended, and the question being put that Bill 81 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 81, An Act to Amend the Legal Aid Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent that Bill 81 be considered in the Committee of the Whole House during this sitting day.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. At 12.30 o’clock p.m., the Chairman declared a recess and left the chair. 316 52 - 53 Elizabeth II, 2003 - 2004 June 30

2 o’clock p.m. The Committee resumed with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that he had been directed to report the following Bills as agreed to: Bill 78, An Act to Amend the Insurance Act. Bill 79, Consumer Advocate for Insurance Act. Bill 80, An Act to Amend the Motor Vehicle Act. Bill 81, An Act to Amend the Legal Aid Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

It was agreed by unanimous consent that Bills 78, 79, 80 and 81 be read a third time forthwith.

The Order being read for third reading of Bill 78, An Act to Amend the Insurance Act, and a recorded vote having been requested on the motion for third reading of Bill 78, it was resolved in the affirmative on the following recorded division: YEAS - 26 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens Hon. E. Robichaud Hon. Mr. Steeves Mr. Betts Hon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley Hon. Mr. Volpé Hon. Ms. Poirier Mr. Williams Hon. Mr. Lord Hon. Mr. Ashfield Mr. Carr Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonald Hon. D. Graham Hon. Ms. Fowlie Mr. Stiles Hon. Mr. Mockler Hon. P. Robichaud Mr. Holder Hon. Ms. MacAlpine Hon. Mr. Alward NAYS - 24 Mr. McGinley Ms. Weir Mr. Kenny Mr. Jamieson Mr. Kennedy Mr. Arseneault Mr. MacIntyre Mr. Ouellette Mr. Albert Mr. S. Graham Ms. Robichaud Mr. A. LeBlanc Mr. Haché Mr. Lamrock Mr. Paulin Mr. Armstrong Mr. Targett Mr. Doucet June 30 Journal of Assembly 317

Mr. Landry Mr. Burke Mr. Boudreau Mr. Branch Mr. Murphy Mr. Brewer Accordingly, Bill 78 was read a third time: Bill 78, An Act to Amend the Insurance Act. Ordered that the said Bill does pass.

The following Bills were read a third time: Bill 79, Consumer Advocate for Insurance Act. Bill 80, An Act to Amend the Motor Vehicle Act. Bill 81, An Act to Amend the Legal Aid Act. Ordered that the said Bills do pass.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. And after some time, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that he had been directed to report the following Bills agreed to as amended: Bill 24, An Act to Amend the Human Rights Act. Bill 46, Child and Youth Advocate Act. And the Committee asked leave to make a further report. Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

It was agreed by unanimous consent that Bills 24 and 46 be read a third time forthwith.

The following Bills were read a third time: Bill 24, An Act to Amend the Human Rights Act. Bill 46, Child and Youth Advocate Act. Ordered that the said Bills do pass.

Mr. Speaker, at the request of Hon. Mr. Green, reverted to the Order of Government Motions for the Ordering of the Business of the House. On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud: 318 52 - 53 Elizabeth II, 2003 - 2004 June 30

Resolved, that when the Assembly adjourns at the end of this sitting day, it stand adjourned until Tuesday, December 14, 2004, at 1 o’clock p.m., provided always that if it appears to the satisfaction of Mr. Speaker, after consultation with the Government, that the public interest requires that the House should meet at an earlier time during the adjournment, Mr. Speaker may give notice that he is so satisfied and in such notice shall state a time at which the House shall meet, and thereupon the House shall meet at the time to stated and shall transact its business as if it has been duly adjourned to that time, and THAT in the event of Mr. Speaker being unable to act owing to illness or other cause, either of the Deputy Speakers shall act in his stead for the purpose of this order.

His Honour, the Administrator, was announced, and having been bidden to enter, took his seat in the chair upon the Throne. Mr. Speaker addressed His Honour as follows: May It Please Your Honour: The Legislative Assembly of the Province of New Brunswick has passed several Bills at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent. The Clerk Assistant then read the titles of the Bills as follows: Bill 13, An Act Respecting Mental Health and Public Health Services. Bill 16, An Act to Amend the Provincial Court Act. Bill 21, An Act to Amend the Family Services Act. Bill 22, An Act to Amend the Education Act. Bill 23, An Act to Amend the Executive Council Act. Bill 24, An Act to Amend the Human Rights Act. Bill 33, An Act to Amend the Clean Water Act. Bill 36, An Act to Repeal the Bulk Sales Act. Bill 37, Human Tissue Gift Act. Bill 38, An Act Respecting Sunday Shopping. Bill 46, Child and Youth Advocate Act. Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation Canada Limited. Bill 54, An Act Respecting the New Brunswick Society of Cardiology Technologists. Bill 57, Optometry Act, 2004. Bill 58, An Act to Amend the Occupational Health and Safety Act. Bill 62, Embalmers, Funeral Directors and Funeral Providers Act. June 30 Journal of Assembly 319

Bill 65, Special Appropriation Act 2004. Bill 66, Loan Act 2004. Bill 67, An Act to Amend the Real Property Tax Act. Bill 68, An Act to Amend the New Brunswick Income Tax Act. Bill 69, An Act Respecting the Fines for Provincial Offences. Bill 70, An Act to Amend the Provincial Court Act. Bill 71, An Act to Amend the Executive Council Act. Bill 72, An Act to Amend the Motor Vehicle Act. Bill 73, An Act to Amend the Public Service Superannuation Act. Bill 74, An Act to Amend the Personal Property Security Act. Bill 75, Smoke-free Places Act. Bill 78, An Act to Amend the Insurance Act. Bill 79, Consumer Advocate for Insurance Act. Bill 80, An Act to Amend the Motor Vehicle Act. Bill 81, An Act to Amend the Legal Aid Act. His Honour signified His Assent as follows: It is the Queen’s wish. La reine le veut. To these Bills, His Honour’s assent was announced by the Clerk Assistant in the following words: In Her Majesty’s name, His Honour the Lieutenant-Governor assents to these Bills, enacting the same and ordering them to be enrolled. Mr. Speaker then addressed His Honour as follows: May It Please Your Honour: The Legislative Assembly having devoted itself with unremitting diligence to the consideration of the several subjects referred to in this speech His Honour the Lieutenant-Governor was pleased to deliver at the opening of the session, and to other matters of interest to the people of the province, humbly begs to present for your Honour’s acceptance a Bill intituled Appropriations Act 2004-2005. (Bill 82) His Honour replied: It is the Queen’s wish. La reine le veut. To this Bill, His Honour’s assent was announced by the Clerk Assistant in the following words: His Honour thanks Her Majesty’s loyal and dutiful subjects, accepts their benevolence and assents to this Bill. His Honour then retired and Mr. Speaker resumed the chair. 320 52 - 53 Elizabeth II, 2003 - 2004 June 30

And then, 6.15 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House, were laid upon the table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 82 June 24, 2004 Documents requested in Notices of Motions 110, 111 June 25, 2004 Documents requested in Notice of Motion 120 June 29, 2004 Annual Report, The New Brunswick Tire Stewardship Board - 2003 May 14, 2004 December 2 Journal of Assembly 321

Thursday, December 2, 2004. 11 o’clock a.m. Prayers. Pursuant to the provisions of the Elections Act, Hon. Mr. Harrison laid upon the table of the House the returns of votes polled in the electoral district of Shediac—Cap-Pelé in the by-election held October 4, 2004.

On motion of Hon. Mr. Lord, seconded by Hon. Mr. Green, RESOLVED, that the returns be entered in the Journals of the House. And they are as follows: RETURN OF THE BY-ELECTION FOR A MEMBER OF THE LEGISLATIVE ASSEMBLY HELD ON THE 4th DAY OF OCTOBER 2004 SHEDIAC—CAP-PELÉ # 18 Léo Doiron PC ...... 4,025 Victor E. Boudreau L ...... 5,042 Jacques Côté Returning Officer

Mr. Victor Boudreau, member-elect for the electoral district of Shediac— Cap-Pelé, having previously taken the oath and signed the Roll, was introduced by Mr. S. Graham and took his seat in the House.

With leave of the House, and pursuant to the terms of the resolution appointing the Select Committee on Wood Supply (Motion 25), Mr. MacDonald, Member for Mactaquac, presented the Final Report of the Select Committee on Wood Supply which was filed with the Clerk of the Legislative Assembly and released on September 15, 2004, and it is as follows: September 15, 2004. To the Honourable The Legislative Assembly of The Province of New Brunswick. Mr. Speaker: Your Select Committee on Wood Supply has the honour to present its Final Report and commends it to the House. Your Committee was 322 52 - 53 Elizabeth II, 2003 - 2004 December 2 appointed during the First Session of the Fifty-fifth Legislative Assembly by resolution of the House dated July 30, 2003. The Committee wishes to extend its appreciation to the citizens who participated in the public consultation process. Each submission provided a unique insight into how New Brunswick Crown land should be managed. Numerous and varied visions for the Province’s public forest were identified. However, common to all was the understanding of the importance of New Brunswick’s forests to our environment, economy and culture. It has been a challenging task, making recommendations now for a forest that will exist long into the future. Your Committee agrees we must maintain a viable forest industry. However, given the everchanging nature of our economy, we contemplated whether it is prudent to compete primarily on quantity of wood fibre, or if quality should play a more strategic role. Key to our recommendations is the need to manage for greater biodiversity to ensure the well-being of both our natural environment and the Provincial economy. Recommendations are made with the aim of maintaining the diversity of the Acadian forest, along with providing greater opportunities for public participation in the setting of objectives and increased public access to timber harvesting. The Committee’s mandate would never have been fulfilled were it not for the gracious and generous assistance of the dedicated staff of the Department of Natural Resources, especially Jennifer Dunlap, Scott Makepeace and Bob Dick; along with the external support from Don Logan and Thom Erdle. Finally, I wish to thank all members of the Committee for the professionalism displayed throughout the deliberations. This report effectively concludes the work of the Committee. Respectfully submitted, (Sgd.:) Kirk MacDonald, MLA Chair The full report of the Committee as presented follows: Executive Summary Background In July 2003, an all-party Select Committee on Wood Supply was established and charged with conducting public consultation into the subject of wood supply in the province and to respond specifically to recommendations made in the report “New Brunswick Crown Forests: Assessment of Stewardship and Management” authored by Jaakko Pöyry Consulting. December 2 Journal of Assembly 323

In meeting its mandate, the Committee convened thirteen public hearings across the province in November and December 2003, with more than 200 speakers participating in the formal presentations. The Committee also received 121 written submissions and 131 form letters from various individuals. Finally, it heard technical presentations from experts on a variety of forestry-related issues encompassing social, economic, and ecological facets of forestry. The overwhelming level of participation and interest in the public consultation process made clear to the Committee that New Brunswickers have a keen interest in their public forest, that they value it highly for many and diverse reasons, and that they expect it to be managed sustainably for the benefit of present and future generations. The content and diversity of views presented in the process made it equally clear to the Committee that the issues relating to management of that forest are complex, the alternatives many, and the choices difficult. The Committee sees that few issues are one-sided, for example: • The Committee fully realizes the importance of the forest industry in providing wealth and employment in New Brunswick. It also fully realizes the importance of a healthy and diverse environment to ensure the forest can continue to be a source of wealth and jobs. • The Committee clearly recognizes that New Brunswickers are the owners of the public forest and, as such, should be in control of its future. It also recognizes that New Brunswick is not an economic island, and that its industrial sector must survive in a world market characterized by rapid technological change, increasing efficiencies, stiff competition, and economic uncertainty. • The Committee well understands the industry’s desire for a secure wood supply future and the investment advantages this offers. It also understands the Government’s role as trustee of the public forest and its responsibility to maintain management flexibility to accommodate future shifts in public values. The Committee firmly believes that the public forest should be managed in accordance with public values but that such values vary significantly within society. It also believes that any such management must be founded upon the best available science - not simply on popular opinion - and that balance and compromise are essential management ingredients. These and other issues make difficult the task of striking a reasonable balance amongst the many values identified in the public consultation process, including those relating to wealth creation and employment, culture, biodiversity and wildlife habitat, recreation, and raw material supply. 324 52 - 53 Elizabeth II, 2003 - 2004 December 2

Response to Jaakko Pöyry Report While the Committee does not claim to have all the answers to the difficult questions about managing New Brunswick’s public forest, after careful deliberation, it does not view the Jaakko Pöyry report as a “go forward” document. The Committee appreciates the value of the Jaakko Pöyry Report in stimulating a broad and open discussion regarding the future of forest management on Crown land. However, it believes management of the public forest is best served by a public vision, put forward by Government as trustees of that forest. In accordance with this belief, and after full and careful consideration of the various views presented in the public consultation process, the Committee forged the “go forward” strategy described in this report. The strategy attempts to capitalize on New Brunswick’s forestry strengths, with the goal of maintaining the healthy forest environment and vibrant forest economy necessary to secure the social well-being of New Brunswickers today and tomorrow. Principles The Committee developed a guiding philosophy about managing the public forest and used this philosophy to guide its deliberations and to shape its recommendations. The philosophy is founded on the notion that the forest management strategy for New Brunswick must involve the public, and maintain both a healthy forest environment and a job-oriented, diverse forest economy. All of these elements contribute to the social wellbeing of New Brunswickers, today and into the future. Further underpinning the philosophy are the following beliefs: Public Involvement: Crown land and resources are a public trust. The Government is the steward responsible for these public resources and under no circumstances should this stewardship be relinquished. There must be processes in place to allow the public to participate in determining the principles and goals for Crown forest management. The public must be kept informed about what is done on Crown land and Government must ensure that management objectives are met. Managing for a diversified forest: Flexibility is important to keep the Province’s options open, so future needs of both the public and the forest industry may be met. A healthy, diversified forest will support a healthy, diversified economy. Both will position the Province to adapt to unforeseeable, but inevitable, changes in society’s desires and the world economy. To achieve this diverse forest, forest management must be founded upon best scientific understanding of how the forest functions. December 2 Journal of Assembly 325

Commitment to Crown timber objectives. The strategic determination of wellfounded objectives is critical to allow for constructive development of the Crown forest. These objectives must include timber supply quantity and quality targets for all commercial tree species. Plans by which to attain those objectives must be prepared and the necessary financial support secured for their effective implementation. Innovative processing of the harvested timber goes hand-in-hand with this deliberate planning, and must be promoted to provide a more stable employment environment for the longer term. Committee’s Recommendations The Committee believes the founding principles and structure of the Crown Lands and Forests Act continue to provide a solid foundation for Crown forest management in New Brunswick and it believes that all Committee recommendations can be effectively addressed in the context of existing forestry legislation. The Committee does not recommend establishment of community forests on New Brunswick Crown land. Such a form of forest tenure was advocated by some at the hearings on the grounds that the current system allows too little public influence over management objectives, provides too few local employment opportunities, and stifles opportunity for innovative value-added and non-timber based economic enterprises. These three claims have merit and the Committee has attempted to address each in its recommendations. However, it has done so in a way which does not undermine the strengths of the Crown Lands and Forests Act and which does not introduce inherent difficulties it envisions with implementing community forests in New Brunswick. The Committee hopes that the public participation process just completed signals the ushering in of a new era in New Brunswick forestry - one of more open and informed debate, where all parties interested in forest management are effectively engaged and their views given full and fair hearing. Such open and informed debate will never lead to a single management approach which fully satisfies all parties - the interests, values, and priorities within New Brunswick society are simply too diverse. However, it should lead to a more thorough exploration of management options, a better understanding of their likely consequences, and therefore to decisions which best serve New Brunswick, socially, economically, and environmentally. The Committee also recognizes that the recommendations made within this document must be considered in light of any advancement in the interpretation of Aboriginal and Treaty Rights. 326 52 - 53 Elizabeth II, 2003 - 2004 December 2

The Committee submits this report to Government with the intent of shaping a better forest management future in New Brunswick and believes it will support the Minister of Natural Resources in fulfilling the Department’s mission to manage the natural resources of the Province in the best interest of its people. The Committee organized its 25 recommendations under four categories: 1. Governance and Accountability; 2. Forest Management Objectives; 3. Allocation of the Resource and Distribution of Benefits; and 4. Provincial Wood Supply. In preparing its recommendations, the Committee weighed the benefit of acting in a timely and decisive manner with the risk of acting in haste, without due consideration of the full implications of proposed action. Recognizing the value of the former and the danger of the latter, the Committee attempted where realistic to be as detailed as possible in its recommendations and to provide specific guidance. Where the Committee felt precise recommendations could not be clearly and responsibly stated without further study, it set forth a general direction and provided examples of possible action to be taken. The suggested timeframe for implementation varies between recommendations and is governed by their nature and complexity. The Committee classified each recommendation for implementation in the short-term (1-2 years), medium-term (3-5 years), and long-term (more than 5 years). Rationale and elaboration relating to each recommendation appears in the main text on the page numbers cited. The Select Committee on Wood Supply recommends: Recommendation Time-frame Page in text Governance and Accountability [1] That DNR incorporate the Select Short 13 Committee recommendations adopted (S) as result of this report into Departmental policies, the 2007 and 2012 Vision documents, and the Forest Management Manual, where appropriate. [2] That, by December 2007, DNR prepare Medium a strategy for public participation, in (M) 14 time for 2012 management plan development. December 2 Journal of Assembly 327

[3] That a public participation process similar to Long 14 the one just completed by the Select (L) Committee be undertaken on a 10-year cycle. [4] That an individual (“The Coordinator”) responsible S 15 to co-ordinate implementation of the Committee’s recommendations and reporting to the Deputy Minister, be engaged for a five-year term, with possibility of extension. [5] That, no later than April 2005, a Provincial Advisory S 15 Committee be established to provide advice to the Minister of Natural Resource on issues pertaining to Crown forest management. [6] That as soon as possible, the purpose and function of S 16 the Licensee Stakeholder Committees be clarified and enhanced. [7] That effective 2005, the Minister of Natural Resources S 16 report annually to the Legislature on the status of New Brunswick’s forest and its management. [8] That DNR regularly provide objective and factually S 16 correct information to the public about forest management including the use of various harvesting and silvicultural techniques. [9] That Crown operators’ performance be more widely S 17 reported and penalties for mismanagement be increased. Forest Management Objectives [10] That DNR establish a process to develop quantifiable S-M 18 wood supply objectives for all commercial tree species. [11] That the wood supply strategies and objectives S-M 19 identified above be developed with reference to the natural diversity of the Acadian forest in order to generate increasing yields of a wider variety of c commercial tree species while maintaining important ecological features of the forest. [12] That the amount of clearcut harvesting on Crown S-M 19 land be reduced. [13] That, in order to promote the future benefits from S 19 the Crown forests, DNR modify existing silviculture guidelines for thinning and planting. [14] That any reduction in the short-term supply of S 19 spruce/fir/jack pine be tempered to reduce the negative impact to the existing industry. Allocation of Resources and Distribution of Benefits [15] That DNR continue to use adaptive, science-based S-L 20 decision making in setting management criteria for all special management areas and that no additional harvesting be permitted in special management areas at this time. 328 52 - 53 Elizabeth II, 2003 - 2004 December 2

[16] That, by April 2005, up to 10% of the total annual S 21 harvest volume of all species be made available for harvest by small, qualified contractors. [17] That, effective immediately, DNR implement wood S 21 allocation mechanisms to promote and stabilize local employment opportunities in the event that a mill ceases operation. [18] That for the 2007 operating plans, DNR facilitate M 22 mechanisms which encourage the harvest of other non-timber forest products should they be identified (e.g., balsam fir tipping). [19] That, in April 2007, 2% of the 2002 level AAC be M 22 made available for new, value-added wood processing initiatives. [20] That Licensees and Sub-Licensees report on S 22 employment levels and that these be considered when the Minister renews Crown allocations. Provincial Wood Supply [21] That the current negotiations concerning primary S 23 source of supply that DNR has been facilitating between the New Brunswick Forest Products Association and the New Brunswick Federation of Woodlot Owners be fully supported. [22] That the Crown base royalty rates be increased by S 24 an amount to reflect the extra value of a secure Crown wood supply and a credible third-party be engaged to estimate the magnitude of that extra value. [23] That, on a five-year basis, Government commit to S-M 24 the level of silviculture funding deemed appropriate to achieve desired timber objectives developed during the analysis stated in Recommendation 10. [24] That any increase in royalties (using 2004 as the base S 25 year) be deposited in a dedicated fund directed exclusively to the Crown silviculture program. [25] That DNR establish a minimum level of silviculture S 25 that must be conducted on Licensee and Sub-Licensee industrial freehold. 1.0 Introduction In September 2001, the New Brunswick Forest Products Association (NBFPA) raised concerns about several issues related to management of the Crown forest, including the negative impact of non-timber objectives on softwood supply, and various aspects of the management system currently in place for Crown lands in New Brunswick. To examine these issues and evaluate the status of forest management in New Brunswick generally, the New Brunswick Department of Natural Resources and the NBFPA commissioned a study by Jaakko Pöyry Management Consulting. Jaakko Pöyry was charged with conducting a benchmark evaluation comparing New December 2 Journal of Assembly 329

Brunswick Crown forest management policies and practices of stewardship to those in other regions in North America and the Nordic countries and with identifying potential means for improving the forest management system in New Brunswick. Jaakko Pöyry submitted its findings in the report ‘New Brunswick Crown Forests: Assessment of Stewardship and Management’ in November 2002.1 On July 30, 2003, twelve Members of the Legislative Assembly (Appendix A) were appointed to the Select Committee on Wood Supply to review the findings of the Jaakko Pöyry Report and to make recommendations on the future direction of forest management of New Brunswick Crown lands. The committee was mandated (Appendix B) to consider, among other matters: • opportunities and strategies arising from Jaakko Pöyry Report to increase the available wood supply from Crown lands in New Brunswick; and • opportunities and strategies for the future direction of Crown land forest management. This report presents the findings and recommendations of the Select Committee on Wood Supply. Recommendations are based upon the issues and ideas presented to the Committee, and upon the considerable deliberation and analysis that ensued as a consequence of the public hearings. The recommendations offered take advantage of opportunities to increase benefits from the Crown forest, and are intended to ensure sustainable management of the Crown forest and the provincial wood supply. The Committee’s recommendations are intended to influence the future direction of forest management generally and more specifically, to influence the development of objectives for Crown land as captured in the document A Vision for New Brunswick Forests: Goals and Objectives for Crown Land Management2 (herein referred to as the Vision document). 2.0 Process The Committee conducted its work over the period from October 2003 to April 2004. Thirteen public hearings were held in November and December 2003 (Table 1). # Date Location # Date Location 1 Nov. 18 Petitcodiac 8 Dec. 2 Edmundston 2 Nov. 19 Saint John 9 Dec. 3 Fredericton 3 Nov. 20 Saint John 10 Dec. 4 Fredericton 4 Nov. 21 Petitcodiac 11 Dec. 5 Miramichi 5 Nov. 25 Campbellton 12 Dec. 17 Fredericton 6 Nov. 26 Paquetville 13 Dec. 22 Edmundston 7 Nov. 27 Miramichi Table 1. Dates and location of the public hearings for the Select Committee on Wood Supply. 330 52 - 53 Elizabeth II, 2003 - 2004 December 2

Typically hearings ran from 10:00 a.m. until 5:00 p.m. on the dates noted, with eight to twenty parties presenting daily. Some 200 speakers made formal presentations to the Committee (Appendix C). The majority of the speakers made prior arrangements to speak, but on several occasions individuals who presented themselves on the day of the hearing were able to address the Committee. One hundred and twenty-one written submissions and 131 form letters were received via email and traditional mail between early November and late December 2003 (Appendix D). The Committee engaged the assistance of two advisors: Dr. Thom Erdle, Professor and Forest Ecosystem Management Program Director at the University of New Brunswick; and Don Logan, a former Regional Resource Manager with the Department of Natural Resources, now retired. Prior to the hearings, staff from the Department of Natural Resources provided pertinent background information including presentations explaining the key findings of the Jaakko Pöyry report and the current structure of the forest management system in New Brunswick. Following the hearings, the Committee invited a number of individuals (Appendix E) to meet with them, to provide professional opinions on various relevant subjects. The Department of Natural Resources’ Staff Review of the Jaakko Pöyry Report was also presented to the Committee for consideration.3 The DNR Staff Report presented staff viewpoints and recommendations based upon opinions expressed by 175 staff members during ten workshops held during May and June 2003, and the collective professional opinion of the members of an internal working group. The Atlantic Provinces Economic Council’s report on the forest economy of New Brunswick was also presented to the Committee for consideration.4 The Select Committee considered the views, facts, perspectives, and arguments contained in the vast amount of information provided to it and followed a consensus-based approach. After careful assessment and discussion of all the materials and information before it, the Committee prepared the recommendations presented in this report. 3.0 Aboriginal and Treaty Rights An important consideration with respect to the Crown forest is the rights of the First Nations of New Brunswick. Invitations to meet with the Committee were extended to all Chiefs in late October 2003. December 2 Journal of Assembly 331

Although no responses were received from individual Chiefs, a reply was received from the MAWIW Council of First Nations advising that the MAWIW Council had misgivings about the individual Chiefs meeting with the Select Committee, and that the Council would consider the invitation. In January 2004, a second offer to meet was extended from the Chair of the Select Committee to the First Nation Chiefs. The MAWIW Council of First Nations and the Union of New Brunswick Indians responded that their organizations had ultimately decided against meeting with the Select Committee. Although this meant that no formal positions were brought forward, several First Nations people did participate in the public hearings and brought their unique perspective and concerns to the Committee. The various courts continue to provide judgments related to Aboriginal and Treaty Rights vis-à-vis natural resources within New Brunswick. These decisions, as well as the on-going discussions between the First Nations and the governments of New Brunswick and Canada, will have a bearing on the future management of Crown land in the province. In light of these activities, the Select Committee is reluctant to offer any explicit observations or comments in regard to the First Nations’ Aboriginal and Treaty Rights vis-à-vis the management of Crown forests. However, the Committee recognizes that the recommendations made within this document must be considered in light of any advancement in the interpretation of Aboriginal and Treaty Rights. 4.0 Background New Brunswick’s Forest Economy The forest industry is a cornerstone of the New Brunswick economy, contributing $1.7 billion to the economy in 2002.4 This amounts to about 9% of the provincial GDP, and emphasizes how critical this sector is to both the local and provincial economy. Wages and salaries amounted to $705 million in 2002, and the forest industry provides 6.8 % of New Brunswick’s total jobs (direct and indirect). Today six large forestry companies manage the ten licenses into which the Crown forest is divided (Table 2) and another 80 smaller companies have an allocation of wood from Crown land (down from over a hundred in 1982). During the hearings many people commented on the negative aspects of consolidation, large corporate control and off-shore ownership. The Committee feels it is important to point out that the 80 smaller companies are located within New Brunswick’s rural communities, are largely locally owned and operated. Approximately 55% of the total wood volume harvested from Crown land is used in locally-owned facilities. 332 52 - 53 Elizabeth II, 2003 - 2004 December 2

New Brunswick’s Forest Management System The New Brunswick government implemented the Crown Lands and Forests Act (CLFA) in 19825. The Act authorized the Minister of Natural Resources to enter into Forest Management Agreements with timber companies that owned and operated wood processing facilities in the province. At that time, Crown land was divided into ten license areas. The companies that were assigned management responsibility for these areas became Crown Timber Licensees (Licensees). Smaller companies (mostly sawmills) obtaining wood supply from these same areas became known as Sub-Licensees. License # Licensee Name Area (ha) Sub-totals (ha) 1 Bowater Maritimes Inc. 427 580 427 580 2 UPM - Kymmene Miramichi Inc. 259 369 3 UPM - Kymmene Miramichi Inc. 316 354 4 UPM - Kymmene Miramichi Inc. 384 049 959 772 5 Weyerhaeuser Company Limited 71 590 71 590 6 J. D. Irving, Limited 631 351 7 Irving Pulp & Paper, Limited 428 784 1 060 135 8 St. Anne- Pulp Company Ltd. 252 027 252 027 9 Nexfor Fraser Papers (Carleton) 133 245 10 Nexfor Fraser Papers 402 200 535 445 Total area 3 306 549 Table 2. Crown land under Crown Timber Licenses, as recorded in the 2002 Forest Management plans. The Minister is responsible for setting forest management goals, objectives and standards. The Vision document explicitly states the goals and objectives pertaining to timber and non-timber values (e.g., wildlife habitat, water, recreation), and is updated every five years. On the same five-year cycle Licensees are responsible for developing and implementing Forest Management Plans to meet the goals and objectives expressed in the Vision document. As these plans take considerable time and effort to prepare and approve, the Vision document is prepared two years in advance of the management plan submission date. This five-year planning cycle is critical in enabling Crown forest management to be responsive to changes in social values, economic situation, resource information, and knowledge about how the forest grows (Figure 1). Figure 1. Timeline illustrating the Crown forest management planning process, particularly the setting of objectives for Crown forests (the ‘Vision’ document) and the creation of Forest Management Plans. (See Original.) The standards established for forest management on Crown land are contained in the Forest Management Manual, which is amended as December 2 Journal of Assembly 333 needed by mutual consent of the Minister of Natural Resources and the Licensees.6 The manual contains detailed information about forest management implementation procedures, including such matters as road construction, stream crossings, Deer Wintering Area management, and plantation establishment. Day-to-day operations of the Licensees and Sub-Licensees are monitored by Department staff to ensure compliance with established guidelines. Detailed records on all aspects of Licensee activity are kept. Violations are recorded; penalties and/or remedial action are the consequences of failure to meet required standards or follow proper procedures. Every five years, Licensee performance is formally evaluated using criteria that were predetermined at the beginning of the previous five-year management period. Results of this evaluation are filed with the Legislature and posted on the Department’s web-site. New Brunswick’s Wood Supply Since the introduction of the CLFA, the harvest from Crown forest has been set at a sustainable level whereby a constant, non-declining volume of wood can be harvested for at least 80 years into the future. The Crown wood supply, termed Annual Allowable Cut (AAC), is governed in part by the size of the inventory stocks from which the harvest is drawn and by the rate at which those stocks are replenished by growth of the forest. The Forest Resources Study (1974) and several subsequent studies have forecast a future low point in inventory stocks to occur around 2030. This low point was factored into the determination of the softwood AAC which currently is set at 3.3 million cubic metres per year. The Crown silviculture program, set at $19 million for 2004, is paid for by government and implemented by Licensees. In 2003, an additional $5 million were spent on DNR nursery and herbicide operations. The industry also contributed approximately $4.8 million in the form of a silviculture levy. Under the present strategy, softwood inventory is forecast to build up in the future allowing the AAC to gradually increase in about 40 years time and then increase more significantly about 50 years from today (Figure 2). The ‘Scenario 2’proposal made by Jaakko Pöyry, in which silviculture is increased, would result in a more significant softwood AAC increase in about 40 years. Figure 2. (See Original) Projection of future softwood inventory under current management strategies (2002) and those proposed in the Jaakko Pöyry Scenario 2.7 (See original.) The difference between outcomes of today’s management strategy and those under the Jaakko Pöyry’s Scenario 2 (where silviculture levels are increased to double softwood supply) is with respect to the 334 52 - 53 Elizabeth II, 2003 - 2004 December 2 future wood supply increase (Figure 3). Under current (today’s) management strategy, future softwood supply is forecasted to increase to 4.5 million cubic metres per year by 2047. The Jaakko Pöyry management scenario forecasts an increase to 6.8 million cubic metres per year by 2062. Worth noting is that the Jaakko Pöyry report did not fully consider the range of values articulated by the public during the hearing process, including: (a) economics, especially employment (b) cultural and historical; (c) biodiversity and wildlife habitat; (d) recreational opportunities; and (e) resource inventory (raw materials) upon the land base. Under either management strategy illustrated in Figure 3, the level of annual allowable harvest can be increased beyond the year 2042. At that time, many feel there will be greater flexibility in setting objectives for both timber and non-timber. However, given the inventory stock low point around year 2030 (Figure 2), there will be no appreciable opportunity to increase the softwood AAC over the next forty years, no matter what decisions are made today. Technology continues to improve efficiencies which help keep New Brunswick industries competitive, but also increases mill capacity, thus putting continuous upward pressure on the demand for wood, particularly softwood. In the view of some, this results in an insatiable industrial appetite for fibre which is unlikely to diminish over time. In the view of others, market forces dictate that industry must continue to invest, expand and improve its efficiency in order to remain competitive in the global market place. Regardless of market forces or the industry’s desire to grow wood, there are biological limits to the amount of wood that can be grown in New Brunswick. Figure 3. (See original.) Projection of future sustainable harvest levels under current management procedures (2002) and those proposed under Jaakko Pöyry’s Scenario 2.8 (See original.) The DNR Timber Utilization Survey indicates that both the Crown and Industrial Freehold land bases are harvested at sustainable levels.9 However, when all ownerships are considered, the New Brunswick forest industry currently consumes more softwood fibre than can be sustainably harvested from provincial forests under present management practices (Figure 4). The total harvest from the private woodlot land base has exceeded sustainable levels for the past several years. As a result, the Department of Natural Resources recently commissioned a study to examine the extent of this matter. In addition to the domestic supply, the forest industry imports a significant volume of fibre from adjacent jurisdictions (mainly Quebec, Maine, and Nova Scotia) to help meet the demand for softwood. December 2 Journal of Assembly 335

This unfavourable supply/demand scenario, which may worsen with increasing external competition reducing wood imports, underlies industry’s desire to increase the sustainable harvest potential of Crown land in order to meet the forecast need for wood volume in the future. In terms of total hardwood fibre, the sustainable harvest level from all New Brunswick forests is approximately equal to the industrial demand (Figure 5).9 Until recently, there has been an excess of hardwood fibre within New Brunswick. In response to new and/or expanded production capacities at some processing facilities, and the inclusion of more hardwood in softwood pulping process, the demand has increased quite dramatically. Sawlogs and veneer quality lumber continue to be in short supply. It was within the context of the forest management and wood supply situation described above that the Jaakko Pöyry study was commissioned, and it is with full awareness of that context that the Select Committee conducted its work. Figure 4. Supply and demand of softwood (million m3) within New Brunswick. (See original.) Figure 5. Supply and demand of hardwood (million m3) within New Brunswick. (See original.) 5.0 Response to the Jaakko Pöyry Recommendations In its report entitled New Brunswick Crown Forests: Assessment of Stewardship and Management, Jaakko Pöyry Consulting made the following six recommendations (p. 9): 1. timber supply objective should be set for each license area that would be binding on the Government and on the Licensees. Timber supply objectives should be set for the range of species harvested commercially from each license. This would include a feedback loop to evaluate timber supply implications of DNRE management changes. 2. The industry and DNRE should jointly fund and support research and development of science-based forest management practices applicable in New Brunswick. 3. The public should participate in reviewing the objectives of management for New Brunswick’s Crown lands to provide a mandate for the direction and magnitude of change in forest management. 4. The DNRE should reduce overlap in management and oversight of Crown lands. Ontario provides a model on how industry/government responsibilities have been streamlined. 5. Special management zones should be critically reviewed and where possible additional harvesting permitted. These areas should be managed using the best science to meet habitat and timber supply objectives. 336 52 - 53 Elizabeth II, 2003 - 2004 December 2

6. Conservation on private lands should be taken into account when evaluating the need for set asides and special management on public lands. This should include a process to establish a form of voluntary conservation designation on private industry lands (and woodlots). In addition, a key finding of Jaakko Pöyry (p. 11) was: “It is possible to almost double the long term softwood supply for industrial purposes while meeting the current non-timber objectives for Crown lands in New Brunswick.” The Committee believes that the Jaakko Pöyry report was invaluable in initiating dialogue on the management of New Brunswick’s Crown forest. This was clearly evidenced by overwhelming and unprecedented response to the call for the public to participate in the Select Committee’s hearing process. However, after careful consideration and for reasons which will become clear later in this report, the Committee does not view the Jaakko Pöyry report as a “go forward” document; it does not fully support all of the Jaakko Pöyry recommendations, nor does it support the doubling scenario put forth in its report. More specifically, the Committee fully supports: • Recommendation 3 (Public Participation): The Committee agrees that more effective involvement of the public in forest management decision-making is highly important. Further, such involvement is clearly desired by New Brunswickers as evidenced by the response to the Select Committee process. Nine of the Select Committee recommendations further articulate the desire to see public involvement and reporting processes put into place in regard to the Province’s forest management system. • Recommendation 2 (Research and Development): The Committee agrees that science and the best interpretation of research should be fundamental to forest management in New Brunswick. However, funding arrangements can be various and beyond the domain solely of DNR and industry. Existing research by industry and educational institutions should be made available and used wherever feasible in DNR’s decision making. The Committee partially supports: • Recommendation 1 (Timber Supply Objective): The Committee agrees with the need for a timber supply objective; however, it does not agree with setting binding timber objectives that would constrain the Department’s ability to accommodate societal demands for either new objectives or modifications to existing non- timber objectives. December 2 Journal of Assembly 337

• Recommendation 4 (DNR Staffing Levels): The Committee agrees that DNR should continuously seek ways to improve its efficiency, including reducing overlap in management. However, DNR, as steward of the public forest lands, is responsible to ensure that all practices conducted thereon fully comply with existing standards, guidelines, and policies. The Committee does not support curtailing DNR’s monitoring role, or assigning monitoring responsibility to independent parties as recommended in the Jaakko Pöyry report. The Committee does not support: • Recommendation 5 (Special Management Zones): The Committee does not believe that current guidelines for management of special management areas should be modified with the objective of increasing harvest levels. The Committee believes that the best science is, and must continue to be used to meet habitat and timber supply objectives. However, the Committee acknowledges that as new research becomes available, harvest levels in special management areas may change. • Recommendation 6 (Conservation on Private Lands): The Committee feels that private land conservation efforts should be considered additional to, and not a replacement for, conservation on Crown land. Inadequate assurance exists about the long-term status of private land conservation efforts to allow them to replace those on Crown land. • The “Doubling Scenario”: Given current knowledge, the Jaakko Pöyry proposal for doubling the area in softwood plantations is not supported by the Committee. As will become apparent later in the report, additional evaluation is necessary to determine the appropriate type and level of silviculture to be conducted on Crown lands in order to achieve the desired future forest. Such an evaluation should examine other possible scenarios, taking into consideration the social and environmental concerns expressed throughout the public hearing process. Furthermore, the Committee feels that the Jaakko Pöyry report presented but one vision - albeit an important and informative one - and believes management of the public forest to be best served by a public vision, put forward by Government as trustees of that forest. Therefore, the Committee has opted to develop and present a “go forward” strategy. This strategy, embodied in the ensuing recommendations, is aimed at capitalizing on New Brunswick’s forestry strengths and successes. Through its recommendations, the 338 52 - 53 Elizabeth II, 2003 - 2004 December 2

Committee seeks to maintain a healthy forest environment and a vibrant forest economy, both ultimately contributing to the social well-being of New Brunswickers, today and tomorrow. 6.0 Findings and Recommendations Summary of Hearings The public consultation process was remarkable in a number of ways. The sheer number of presenters and written submissions was overwhelming. In response to the surge of interest, hearings were expanded from the seven originally planned to thirteen. This intense interest was likely due in part to this being the first opportunity for broad public input into New Brunswick forest management since the implementation of the Crown Lands and Forests Act in 1982. All presenters (of both oral and written briefs) displayed passion and a sense of conviction in expressing their positions. Presenters were thoughtful and sincere, and are to be commended for their contributions to the hearings. The management of New Brunswick’s Crown lands is obviously of great significance and consequence to the people of New Brunswick. The Crown Lands and Forests Act After considering all the concerns brought forward during the public hearings, the Committee is compelled to comment on the Crown Lands and Forests Act (CLFA). The Committee believes the founding principles and structure of the CLFA remain valid today and continue to provide a solid foundation for Crown forest management in New Brunswick. Through the consultation process, several opportunities for enhancing Crown management became apparent to the Committee. It is the Committee’s belief that all such opportunities can be effectively addressed in the context of the existing CLFA. Community Forests Given the concerns brought forward, the Committee is also compelled to comment on the concept of community forests. Establishment of community forest tenures on Crown land was proposed by some as a means to improve forest management and to provide greater benefit to New Brunswick society. The Committee spent much time discussing community forests and concluded that the call for their establishment stemmed largely from justified dissatisfaction with respect to three aspects of the current situation: (a) the level of public influence over management objectives, (b) the level of local employment opportunity on Crown land, and (c) opportunities to procure Crown wood supply or other forest-derived raw material for small, value-added enterprises. December 2 Journal of Assembly 339

The Committee addresses each of these three issues in its recommendations in ways which do not introduce what it sees as inherent difficulties and drawbacks of implementing community forests in New Brunswick and in ways which do not undermine what it sees as strengths of the CLFA. Over time, if it is determined that implementation of the Committee’s recommendations has not adequately addressed the legitimate concerns surrounding public influence, employment and raw material access, then the community forests concept should be revisited, together with other tenure alternatives, as a means to achieve the desired outcomes. Organization of Material Viewpoints expressed to the Committee were many and varied. To facilitate dealing with such volume and variety, the Committee identified four overarching categories by which to organize and structure the content of submissions it received and its recommendations for improvement. These categories are: • Governance and Accountability. This category deals with government acting as trustee for the public, ensuring quality control in implementation of forest management, and reporting outcomes to the public, the owners of the Crown land. • Forest Management Objectives. This category deals with the nature of benefits sought from the forest and the nature of the forest deemed necessary to provide those benefits. • Allocation of the Resource and Distribution of Benefits. This category deals with how raw material from the forest is allocated to, and utilized by, beneficiaries and how employment and related social benefits are distributed through society. • Provincial Wood Supply. This category deals with issues unique to the fact that New Brunswick’s forest comprises three ownership types, that significant interplay exists between them, and that they collectively shape the status of New Brunswick’s forest. This is an imperfect organizational structure; some categories overlap and not all issues heard by the Committee fit tidily into it. Nonetheless, the Committee feels this structure adequately captures the views it heard, and believes that advances in these four areas will result in a significant overall advance in New Brunswick forest management. The following sections step through each of these four categories by first stating the key principles that emerged from the hearings; these provided the Committee a reference point to interpret the views expressed to it. Next stated are the issues, problems or opportunities which were raised in one or more submissions. Lastly stated are the 340 52 - 53 Elizabeth II, 2003 - 2004 December 2

Committee’s recommended ways for addressing issues in a way which conforms to, and is consistent with, the stated principles. Wherever possible, the Committee attempted to be detailed in its recommendations, providing specific guidance to the maximum extent possible. However the Committee acknowledges the complexities and inter-connectedness of many of these issues and respective solutions. The Committee also fully appreciates that in some cases further analysis will lead to a better understanding of the implications and possible ramifications of its recommendations. Therefore, where the Committee felt precise recommendations could not be clearly and responsibly stated without further study, it provides general direction and examples of possible action to be taken. Finally, the Committee makes its recommendations with deliberate consideration of the different short- and long-term circumstances. In the short to intermediate term, there will be no additional wood volume available in the province. This means reduced flexibility within an environment of increasing demand for the limited sustainable Crown wood supply. Many of the Committee’s recommendations relate to this immediate timeframe. However, several very important recommendations are made to ensure greater variety of raw materials which provide long-term flexibility to better address unfolding economic and social opportunities. 6.1 Governance and Accountability Principles: 1. The Government has delegated responsibility to the Department of Natural Resources (DNR) to manage the natural resources of the Province in the best interest of the people. The fulfillment of this mandate of public trust and stewardship can only be accomplished with meaningful input from the citizens of the Province. 2. The Government through DNR is responsible not only for setting Crown forest objectives but also for monitoring the implementation of management strategies, policies and procedures. Inspections and performance evaluation are fundamental tasks by which DNR ensures appropriate and high quality management of the public forest. 3. The public has the right to receive from DNR clear, comprehensive, and timely reporting about stewardship of the Crown forest and the nature and extent of public benefits which accrue from its management. 4. DNR has a responsibility to provide clear, objective, and unbiased information about forestry and forest management and otherwise contribute to public awareness and understanding of these subjects. December 2 Journal of Assembly 341

Based on the above principles, the Committee identified three related issues and formulated recommendations for each. Issue 1: Public Engagement in Objective Setting The number of presentations, and passion with which they were delivered, provided the Committee clear and ample evidence that the public wants a more active role in shaping New Brunswick forest management. Many New Brunswickers have profound connections to the forest and the natural environment. They live and play in the province’s forests, and many earn their living because of the forest and the way it is managed. Many private citizens, provincial stakeholder groups and those with industrial interests wish to actively participate in determining the future direction of the public forest. Currently the most structured mechanism for public participation in Crown forest management is through Licensee Stakeholder Committees that inform the public how objectives are being achieved. Individuals and groups also contact the Minister and their MLAs to voice their opinions on various subjects. However, no formal, structured and systematic mechanism exists in New Brunswick for the public to participate in the setting of objectives on Crown land. Canada’s Forest Accord calls for such a process and New Brunswick is signatory to that Accord. Recommendation 1: That DNR incorporate the Select Committee recommendations adopted as result of this report into Departmental policies, the 2007 and 2012 Vision documents, and the Forest Management Manual where appropriate. Recommendations made by Select Committee are in response to the concerns and issues raised through the public hearing process. Some of the adopted recommendations will directly influence policies, the 2007 Vision document and the Forest Management Manual. Other recommendations may be more relevant to the next Vision document which will be drafted to guide development of the 2012 forest management plans. Recommendation 2: That, by December 2007, DNR prepare a strategy for public participation, in time for 2012 management plan development. DNR must engage both the public and the forest industry in the objective setting process with the goal of using the resulting input to establish clearly stated, measurable objectives for the management of the Crown forest. Greater transparency in setting objectives would allow the rationale behind decisions and related trade-offs to be more evident to all who participate. 342 52 - 53 Elizabeth II, 2003 - 2004 December 2

The Vision document that specifies management objectives is prepared two years in advance of management plan implementation to allow Licensees sufficient time to prepare plans designed to meet those objectives. Therefore, to guide the 2012 plans the Vision document must be ready for release by December 2009. It then follows that it would be reasonable to require DNR to prepare a strategy for public participation by December 2007. This time frame links the public process to the development of management plans for Crown land and takes advantage of the adaptive nature of the planning process. Recommendation 3: That a process similar to the one just completed by the Select Committee be undertaken on a 10-year cycle. The Committee believes that a number of the recommendations contained in this report will lead to improved input from the public and increased accountability of and reporting by both government and industry. However, formal solicitation of public input regarding the forest management system that evolves over the next ten-year period is an important way to gauge success of any new strategies. Extenuating or unforeseen circumstances may merit the sitting of the Committee sooner. However, since evaluating impacts of previous management actions can only be measured after passage of sufficient time, a shorter cycle is not recommended. This Select Committee process may become unnecessary as other recommended forms of public participation evolve and mature. Figure 6 illustrates the relative timing or placement of the public processes identified in Recommendations 2 and 3. Figure 6. Timeline illustrating the Crown forest management planning process, with the Select Committee’s recommendations related to public participation included. (See Original.) Issue 2: Departmental Responsibility, Accountability and Transparency While Recommendation 2 addresses the need for public input into objective setting, few avenues have been available for the general public to influence the provincial forest management strategy once objectives are in place. This concern has been raised over the years and has led to the requirement that Licensees inform the public (usually through their Stakeholder Committees) about how Crown land objectives have been met. The Committee feels that this has not been completely effective and that more must be done in this regard. Improved communication and transparency between DNR, stakeholder groups and the general public are critical to help restore December 2 Journal of Assembly 343 citizens’ confidence that resource management decisions are being made with consideration of their best interests. It also became evident during the hearings that there was considerable variety of perspectives held by many who presented. This is due in part from the limited information which has been made available about forest management practices conducted on Crown land. In order to have effective public participation in the objective setting, the Department should be more active in informing the public about Crown-land forestry activities and the roles of Licensees and Departmental staff. Recommendation 4: That an individual (“The Coordinator”) responsible to co-ordinate implementation of the Committee’s recommendations and reporting to the Deputy Minister, be engaged for a five-year term, with possibility of extension. The person undertaking this critical function should be: (i) knowledgeable of natural resource management, (ii) objective, and (iii) a skilled manager and facilitator. This individual would assist the Deputy Minister by coordinating implementation of recommendations adopted as a result of this report. Dedicating an individual to followup on all work falling out of this review will ensure that matters are given sufficient and timely attention. This person would supervise activities, and monitor and report on progress in a systematic, objective manner. Their responsibilities would also include chairing the Provincial Advisory Committee noted in Recommendation 5 that follows. Recommendation 5: That by April 2005 a Provincial Advisory Committee be established to provide advice to the Minister of Natural Resource on issues pertaining to Crown forest management. Under this process, the Minister of Natural Resources would invite representation from provincial-level organizations, including academia, environmental stakeholders, forest industry, woodlot owners, and First Nations to sit as members of the Advisory Committee. Initially the group would meet frequently as their mandate would include providing advice to the Minister regarding actions resulting from the Select Committee’s report. The Provincial Advisory Committee would be given opportunities to provide comment on such things as the wood supply analysis and the subsequent setting of timber objectives and the development of the public consultation strategy. 344 52 - 53 Elizabeth II, 2003 - 2004 December 2

By inviting the principal stakeholders together, it is anticipated that the interests of the people, or the common good, will become clearer to all parties. This forum would provide a setting whereby differing opinions and views may be heard as potential solutions are brought forward within the Department. Should the public wish to communicate with the Advisory Committee they could use traditional means, as well as electronically (email and internet). As current issues are resolved, the Minister may wish to periodically seek the counsel of this Advisory Committee on other emerging matters related to Crown forest management. Recommendation 6: That as soon as possible, the purpose and function of the Licensee Stakeholder Committees be clarified and enhanced. The goal of these committees is to identify local concerns and solutions within the bounds of approved management plans. Departmental staff should chair these meetings, creating an atmosphere where the industry participates as an active member, so other members feel more comfortable to freely voice their concerns or comments. The Licensee would act more as a resource to DNR by providing required information regarding its management plan. Issues that arise during stakeholder meetings should not only be recorded, but a commitment undertaken by the Licensee to address the matter. The Licensees’ Annual Reports should reflect number of meetings, numbers in attendance, and issues raised and resolved. Furthermore, the Coordinator should annually attend at least one of each of the Licensees’ Stakeholder Committee meetings. This will provide an opportunity for the Coordinator to hear participants’ views on the effectiveness of these committees. Recommendation 7: That, effective 2005, the Minister of Natural Resources report annually to the Legislature on the status of New Brunswick’s forest and its management. This report would include such things as: (a) progress report from the Coordinator regarding the implementation of adopted recommendations; (b) timber royalties collected; (c) highlights from Licensees’ Annual Reports (areas harvested, planted and thinned); (d) annual reporting of routine inspections of operators; (e) extent of public involvement in stakeholder meetings; (f) new, enhanced or expanded manufacturing facilities for wood products (or closures of facilities); December 2 Journal of Assembly 345

(g) First Nations operations on Crown lands; (h) fire and insect/disease damage; and (i) wood theft statistics. Recommendation 8: That DNR regularly provide objective and factually correct information to the public about forest management including the use of various harvesting and silvicultural techniques. One example would be for DNR to produce educational materials outlining the risks and alternatives to, and the rationale for, herbicide application. The public also needs to be better informed on specific operational activities, such as the choice of harvesting methods (clearcutting, selection cutting, shelterwood, etc.), DNR inspections, and other practices. The Committee feels that in view of the importance of forests to the province, greater emphasis must be placed on educating our youth about this subject. Departmental staff currently visit every Grade 4 class each year to provide students with general knowledge related to the Department’s mandate and the province’s natural resources. The Department should examine additional means by which forestry could be further included in the school curriculum. Issue 3: Performance Evaluations of Crown Operators Some presenters at the hearings alleged that sub-standard operations commonly occur, infractions go unchecked, and there exists a general lack of environmental conscience in woods operations on Crown lands. Standards and operational monitoring are in place; however, their existence and use are not well known, and sentiment prevails that the extent and frequency of monitoring and the magnitude of the penalties for infractions are inadequate. The Committee concluded that penalties for poor practise are insufficient and that the performance of the Crown operators, poor and exceptional alike, should be more widely reported. Recommendation 9: That Crown operators’ performance be more widely reported and that penalties for mismanagement be increased. Companies which have good performance reviews should be recognized and that those which do not, penalized. For instance, current practice requires Licensees that fail to meet required silviculture levels to complete full remediation at their own cost. This practice should be formalized and embodied in Departmental policy. In addition, heftier penalties should be levied to provide a greater deterrent for non-compliance. Publication of the results of routine DNR monitoring would also provide greater accountability and public awareness regarding the Licensees, Sub-Licensees and 346 52 - 53 Elizabeth II, 2003 - 2004 December 2 operators day-to-day performance. Monies generated through penalties should be directed to the dedicated Silviculture Fund (see Recommendation 24). 6.2 Forest Management Objectives Principles: 1. Crown land is a public resource, and as such, it should be managed in accordance with public values. However, public values are diverse and often conflicting, and may involve unavoidable trade-offs. 2. The forest is a complex biological system which operates on a long-term ecological timescale. Forest objectives must not only address public values, but must also be biologically sound and consistent with the best scientific understanding of how the forest functions. 3. There exist many possible future forests - in addition to those presented in the Jaakko Pöyry study - and responsible decision-making requires full consideration of those possibilities prior to choice of action. 4. It is desirable to have some level of wood supply security to foster industrial development, but equally desirable, and more important on public land, is the maintenance of management flexibility to allow reorientation of management objectives in response to changing markets, scientific knowledge, and social values. Based on the above principles, the Committee identified two related issues and formulated recommendations for each. Issue 4: Developing Management Strategies The Acadian Forest Many presenters, using ecological and economic reasoning, argued for maintenance of the character and value of New Brunswick’s Acadian forest. There were significant advantages stated for the higher level of biodiversity and greater variety of forest products available from the Acadian forest, particularly relative to a simplified forest as may result under the doubling wood supply scenario described in the Jaakko Pöyry report. The current forest management strategy for Crown land does not explicitly consider the characteristics of the Acadian forest and focuses predominately on the spruce/fir/jack pine wood supply. This strategy does not generally promote the growth in forest areas supporting tolerant hardwoods, white/red pine, red spruce and eastern cedar which are key elements of the Acadian forest and which provide the diversity that may be critical to the long-term prosperity of New Brunswick’s forest economy. December 2 Journal of Assembly 347

Clearcutting There was also considerable public support for reducing the reliance on clear cutting as the harvest method of choice on Crown land. Clearcut harvesting can have undesirable ecological consequences if it significantly shifts forest types outside their natural range of structure and composition. The lack of explicit objectives for maintaining the character of the Acadian forest has led to, or allowed, a reliance on clearcutting in conditions where it is having this undesirable consequence. If it is desirable, for ecological and economic reasons, to retain the rich diversity of species and structures of the Acadian forest (a goal supported by a vast majority of presenters), then forest management objectives are needed which require that to happen. As is proposed in the recommendations that follow, objectives to maintain the character of the Acadian forest should result in clearcutting being done in an ecologically appropriate way, in ecologically appropriate stand types. This will almost certainly reduce the prevalence of clearcut harvesting but some level of clearcut harvesting should continue because, properly implemented, it is an ecologically appropriate harvest method in certain conditions. Notwithstanding the ecological and economic considerations, many presenters felt that, for aesthetic reasons, clearcutting was inappropriate and should therefore be reduced. Herbicide Spraying There was also opposition to herbicide spraying. Some opposition may be attributed to differing views about the chemicals used and the situations where they are applied, as well as the regulations in place regarding their application. Opposition also stems from strongly-held ethical and philosophical beliefs. Herbicides are almost entirely used to control hardwood vegetation in plantations thereby protecting the investment made in establishing these plantations. The use of herbicides is carefully monitored and the best science will continue to be applied when making decision regarding its use. Binding Wood Supply The Committee strongly believes that explicit wood supply objectives should be formulated and management strategies implemented to achieve them, in the same way management has been designed and implemented to meet habitat objectives. However, under no circumstances should the stewardship of Crown resources be relinquished to industry through binding wood supply agreements extending beyond the current five-year AACs. The Committee views explicit wood supply objectives which guide management, but 348 52 - 53 Elizabeth II, 2003 - 2004 December 2 without binding agreements which constrain future decision- making, as a socially responsible way to provide the industry meaningful assurance that New Brunswick is committed to maintaining a vibrant forest economy. Recommendation 10: DNR establish a process to develop quantifiable wood supply objectives for all commercial tree species. A strategic analysis is required to determine future Crown wood supplies for commercial species. Such an analysis must incorporate the four related recommendations that follow. The Committee appreciates such an undertaking will take months to complete, but it believes that setting new objectives as soon as possible will bring the public’s desire for change in forest policy to reality sooner. Therefore, if feasible, the Committee recommends that DNR undertake this work and adopt new objectives as quickly as possible. The earlier these objectives are adopted, the sooner New Brunswick’s Crown forests will be ushered into a new era, creating greater future diversity and opportunity within the forestry sector. Dates referenced in the recommendations that follow are based on objectives not being incorporated until the 2012 Vision drafting which represents a later-case scenario, or fall-back position. Recommendation 11: That the wood supply strategies and objectives identified above be developed with reference to the natural diversity of the Acadian forest in order to generate increasing yields of a wider variety of commercial tree species while maintaining important ecological features of the forest. The prominent characteristics of the Acadian Forest should be maintained and used as the foundation for objective setting. Strategies should be developed to include all commercial species/products currently allocated on Crown land, and to promote the supply of tolerant hardwood species, eastern cedar, red spruce and pines. Recommendation 12: That the amount of clearcut harvesting on Crown land be reduced. The Committee recognizes that the results of the strategic analysis in Recommendation 10 will almost certainly reduce clearcutting, but such reductions would only be implemented in the 2012 plans. The Committee feels that this recommendation should be acted upon more swiftly and therefore recommends that the exact magnitude of the decrease for the 2007 plans be determined by the Minister of Natural Resources. To assist the Minister in his decision, the Committee believes that a reduction in the order of 10-15% of the total current clearcut area would be reasonable. December 2 Journal of Assembly 349

The reduction in clearcutting should be directed to types that have the potential to be managed for quality hardwoods, pines, red spruce or eastern cedar. Stand types requiring non-clearcut harvesting should be broadened; for example, the current Crown Land Tolerant Hardwood Policy requires that stands qualifying for quality hardwood management must have at least 50% hardwood present. This should be modified so that stands with a minimum of 30% quality hardwood would fall under the Tolerant Hardwood Policy. Recommendation 13: That, in order to promote the future benefits from the Crown forests, DNR modify existing silviculture guidelines for thinning and planting. Multi-species thinning targets should be developed to better maintain and promote species diversity in pre-commercial thinning treatments. While this is already implemented on some Crown Licenses, the targets must be developed and applied to all New Brunswick Crown land. Similarly, criteria for planting eligibility should also be broadened to allow for more planting of sites which naturally support softwood. This would help partially offset long- term negative impacts to softwood volumes. Recommendation 14: That any reduction in the short-term supply of spruce/fir/jack pine be tempered to reduce the negative impact to the existing industry. When developing strategies to address Recommendations 10, 11 and 12, any negative impact to the softwood AAC should be tempered. The analysis suggested in these three recommendations will produce different wood supply outcomes. These outcomes should each be assessed and the trade-offs evaluated based upon the potential benefits; for example, jobs, revenues and the desired wood products and volume. The Committee believes that the Minister should ensure that net decline in softwood AAC should be restricted to 1.5 - 3.0 % of the 2002 softwood AAC. Final discretion must remain with the Minister of Natural Resources given that a modest reduction beyond this suggested range could potentially provide significant benefit. Issue 5: Special Management Areas Presenters at the hearings clearly indicated that the public does not wish to jeopardize the current non-timber values managed for on Crown lands. There was little support for increasing harvest levels in special management areas. Harvesting is currently allowed and required in special management areas in order to maintain certain stand structures important for habitat. The majority of concern during the public hearings was directed at harvesting in watercourse 350 52 - 53 Elizabeth II, 2003 - 2004 December 2 buffers. The Committee feels that present guidelines are adequate and believes current restrictions do protect water quality and aquatic habitat. This view was substantiated by the Department of Environment and Local Government’s affirmation that existing watercourse buffers are achieving their goal of protecting water quality and fish habitat. Officials from that department advised the Committee that, based on water quality monitoring efforts to date, the portions of watersheds under forest management show good to very good water quality. Recommendation 15: That DNR continue to use adaptive, science-based decision making in setting management criteria for all special management areas and that no additional harvesting be permitted in special management areas at this time. Protection of water quality, aquatic and other habitats is the primary management objective for managing these areas; the extraction of wood volume is secondary. The Committee did not see convincing evidence at the hearings, nor was any presented in the Jaakko Pöyry report, to suggest that harvesting in such areas can be increased without compromising these objectives. The Department should continue its review of watercourse and wetland buffers in collaboration with the Department of Environment and Local Government. 6.3 Allocation of Resources and Distribution of Benefits Principles: 1. The government should strive to attain the greatest possible value from the public forest by balancing economic, social, and environmental considerations. 2. Employment generated from use of the Crown resource is of primary economic benefit to the people of New Brunswick. 3. Within the finite provincial wood supply, the Crown volume must be allocated in a manner that maximizes the overall economic benefit to New Brunswick. 4. Notwithstanding advances in technology, those who benefit from security of wood supply from the Crown land are obliged and responsible to provide maximum employment benefit to New Brunswick society. Based on the above principles, the Committee identified three related issues and formulated recommendations for each. Issue 6: Local Community Employment in the Crown Forest One general and common theme raised in the hearings was the need for Crown land to provide better and more equitable employment December 2 Journal of Assembly 351 opportunities for local communities. One of the most consistent themes that emerged from the hearings dealt with the decreased involvement that communities have on adjacent Crown lands. Community level employment must continue to be one of the essential benefits derived from the Crown land. Opportunities for local employment must be made available through such activities as silviculture, harvesting, and processing of the Crown wood. Control over who is employed and the pace of change in employment levels on Crown lands rests predominantly with industry. The Committee acknowledges public opinion that this type of control has had a detrimental effect on individual and community employment levels. Efficiencies in processing and milling methods have reduced the number of worker per unit volume of wood. In many cases the issue of local employment involves the small-scale woods worker with a chainsaw and skidder, who has felt displaced from Crown lands. These small-scale workers are seeking access and some employment opportunities. This is not a new issue. Mechanisms were included in the Forest Management Agreements in 1982 whereby Licensees were required to give employment consideration to independent forestry contractors. Even though independent contractors are currently employed, it is evident that the small-scale woods workers were displaced from the Crown forest. The Committee does not wish to artificially create a ‘make-work’ project, but instead would like a portion of the current harvesting on Crown land made available to these workers to help augment their livelihood. Recommendation 16: That, by April 2005, up to 10% of the total annual harvest volume of all species be made available for harvest by small, qualified contractors. The target for this initiative would be small-scale woods workers, located in proximity to these harvest blocks, who use chainsaws and other small equipment such as skidders. All operators would be required to comply with existing policies, including being certified under ISO 14001 and an acceptable sustainable forest management system. All such harvesting must also be conducted within the context of the approved forest management strategy for the Crown License area in question. As the manner by which to achieve this goal requires consideration of many elements, the Committee believes DNR should determine the most feasible and equitable process for implementation. The Department should have direct contact with contractors to ensure transparency of this process and accountability for all participants. 352 52 - 53 Elizabeth II, 2003 - 2004 December 2

The DNR should consider Section 14.2.2 in Forest Management Agreements as an existing structure to guide implementation of this recommendation. One option is the awarding of harvest blocks in a lottery style (similar to the moose draw). The system deemed most effective should be put into place by April 2005. In addition, the Committee feels the Coordinator should ensure that certification training is accessible to those requiring it. Recommendation 17: That effective immediately, DNR implement wood allocation mechanisms to retain and promote local employment opportunities in the event that a mill ceases operations. The Committee believes that wood allocations should be tied to local communities. For example, should a mill cease to operate in a community for whatever reasons, within a five-year period proposals would be invited to continue processing wood volume in that geographic area. Proposals which show the greatest economic return to the community should be given priority for wood allocation. Community efforts to stabilize employment at local levels should be encouraged. In the event that a proposal is on the table, and under active development, this timeline should be extended. Should the Minister wish to temporarily re-allocate the wood supply, mills in general proximity to the closed mill should be given priority, particularly those with lower percentages of Crown allocation. Recommendation 18: That for the 2007 operating plans, DNR facilitate mechanisms which encourage the harvest of other non-timber forest products should they be identified (e.g.,balsam fir tipping). As an example, to the extent feasible, DNR should require pre- commercial thinnings of predominantly fir stands to be timed such that individuals working in the tipping sector would have ready access to fir boughs. Such opportunities would be communicated to the local communities by notices on DNR District office bulletin boards and posted more centrally on the DNR website. New activities would be integrated within the current existing management plans to ensure no detrimental impacts to existing operations. Issue 7: Initiatives for Secondary Processing Another concern voiced at the hearings was the difficulty experienced when attempting to access Crown wood for new initiatives. Little opportunity exists for secondary processors, whether industrial, individual, or community-based, to gain access to the Crown wood supply. This limits the development potential for value-added processing and results in little motivation for those with allocations to be more innovative or creative with respect to job-growth potential. December 2 Journal of Assembly 353

Recommendation 19: That, in April 2007, 2% of the 2002 level AAC be made available for new, value-added wood processing initiatives. This wood volume should be made available in a publicly advertised manner, perhaps via Requests for Proposals. Successful initiatives would be selected based upon the intended use of the fibre, with particular emphasis on job creation and value created per unit volume. The success of this activity should be closely monitored. In future years, as considerably more volume becomes available, a greater portion could be offered for such initiatives. As with Recommendation 16, the details of implementation should be left with the Minister to establish. The Committee suggests that calls for proposal be requested in time to allow allocations to be made to successful bidders in the 2007 operating season. Issue 8: Forest Industry Employment As stated above, jobs are one of the most significant outputs linked to the forest sector and were a recurring theme at the hearings. The decline in jobs per unit wood volume processed was repeatedly cited as a failure of the present wood allocation scheme. Industrial access to the Crown wood supply must bring with it an obligation to provide stable employment for the people of New Brunswick. The Committee agrees that maximum employment benefits should be derived from Crown wood supply, but is also aware that the desire for maximum employment must be tempered with industry’s need to remain competitive in a world market. Throughout the public process, numerous figures were brought forward when discussing employment levels associated with the forest operations. To help meet the Committee’s desire to promote a healthy forest-based economy, employment trends need to be monitored. Recommendation 20: That Licensees and Sub-Licensees report on employment levels and that these be considered when the Minister renews Crown allocations. All Licensees and Sub-Licensees will be required to report annually on the level of employment associated with their access to Crown wood. Industries must be more aggressive in maintaining and creating new opportunities for value-added employment. DNR should review the requirements of the Timber Utilization Survey 9, making it more comprehensive by including annual reporting by Licensees and Sub- Licensees of total employment levels, of both woodlands and processing. 354 52 - 53 Elizabeth II, 2003 - 2004 December 2

6.4 Provincial Wood Supply Principles: 1.All forests in New Brunswick, regardless of ownership and management objectives, should be managed in a sustainable and environmentally responsible manner. 2.Crown land should be the residual source of wood supply. Wood from Crown land should not unfairly compete with wood from private lands. 3.Except for supply from industry’s own freehold, Crown wood supply represents the most secure source of supply and this security has an associated value. 4.Forest management is a long-term proposition and requires a long-term commitment, including required funding for silviculture. The Government should provide a stable and dependable source of revenue to maintain silviculture programs on Crown land. Based on the above principles, the Committee identified four related issues and formulated recommendations for each. Issue 9: Private Woodlot Management Private wood supply is important to the provincial economy. Ensuring a sustainable supply of wood from private lands will be challenging; however, the Committee believes that it is a critical consideration for all New Brunswickers - land owners, citizens and industry alike. There was considerable concern expressed by private land owners and some Marketing Boards appearing before the Committee, regarding the positioning of Crown wood in relation to the market for private land wood. Some private land owners do not believe they are getting fair access to markets or receiving fair value for their wood. The perception exists that Crown wood is in direct and substantial competition with wood from private land. During the hearings, support for the concept of primary source of supply was often voiced as a means to address the private sector issues. “Primary supply” became government policy more than twenty years ago when there was an oversupply of wood to the market place. It was intended to ensure private wood was purchased first by processors and that Crown wood was reserved as the supply of last resort. Today, the rationale in support of primary supply is linked more to the lingering issues of scheduling and pricing than to the ability to flow wood from private lands to processing facilities. December 2 Journal of Assembly 355

Recommendation 21: That the current negotiations concerning primary source of supply that DNR has been facilitating between the New Brunswick Forest Products Association and the New Brunswick Federation of Woodlot Owners be fully supported. The discussions currently underway between these three parties are crucial to resolving the long-term wood supply dilemma and the dissatisfaction experienced by woodlot owners. Every effort should be made by all parties to see them succeed. Issue 10: Crown Royalty Rates That royalty for Crown wood is less than fair market value is often cited as short-changing the owners of Crown land (the public) and as creating unfair competition for wood from private lands. The loss of woodlots as “primary source” has also fostered an atmosphere of mistrust and a perceived lack of fairness in the marketplace for private wood. However, in contrast to these perceptions, both Crown stumpage rates and Licensee overhead charges are evaluated periodically (every 3-5 years) and adjusted based on these analyses. Overhead charges are operational costs that Licensees incur as part of their management responsibilities, over and above those typically associated with management of smallerscaleoperations. Crown royalty rates (fair market stumpage minus agreed upon overhead costs) are calculated to include operating costs normally paid for by the land owner. Royalty rates are also adjusted between formal market evaluations on the basis of observed changes in product selling prices (using the product selling price indices). As explained earlier Crown land is managed under 25-year Forest Management Agreements, for an annual allowable cut that is sustainable over an 80-year timeframe. A comprehensive process is in place to review and adjust the objectives on a five-year cycle. The resulting wood volumes and product allocations are guaranteed for a five-year period. In comparison to free market wood sources, this system provides security of quality and supply to those who receive wood from the Crown lands. Providing Recommendations 10 to 14 are also implemented, the supply will be further secured and therefore it would be appropriate to charge a premium to better reflect this higher level of security. Recommendation 22: That the Crown base royalty rates be increased by an amount to reflect the extra value of a secure Crown wood supply and a credible third-party be engaged to estimate the magnitude of that extra value. For the short-term, until such time as an objective analysis of premium value is undertaken by an accredited third-party, it is 356 52 - 53 Elizabeth II, 2003 - 2004 December 2

recommended that, over and above any planned increments, the royalty rates be increased by 1 % per year until such time as the third-party study is completed. This would be over and above the normal increment associated with product selling price indices. The third-party analysis should be conducted within twelve months. Once the increased royalty rate is established, the Minister should use a phased-in approach to allow companies to adjust to this additional operating cost. Issue 11: Funding Crown Land Silviculture Funding currently directed to Crown silviculture is significant and expenditures must be justified against other budgetary demands. Funding at present or increased levels was questioned during the hearings, on the grounds that direct benefits accrue primarily to the companies harvesting and processing the additional wood volume made available through such investment. Regardless of source, long- term secure silviculture funding is necessary to implement actions required to attain specified forest objectives. Greater long-term certainty in silviculture funding levels is one way to signal to industry the Government’s commitment to a prosperous future forest economy. Recommendation 23: That, on a five-year basis, Government commit to the level of silviculture funding deemed appropriate to achieve desired timber objectives developed during the analysis stated in Recommendation 10. Once various scenarios are evaluated and the options for silviculture treatments identified, better-informed decisions can be made. The type and timing of interventions will be dependent upon what is needed to achieve desired outcomes. Once this analysis is completed, budget implications could be responsibly examined and a decision made regarding the affordable level of silviculture investment required to meet the objectives. Once this decision is made, the silviculture budget should be fixed for that five-year period. Recommendation 24: That any increase in royalties (using 2004 as the base year) be deposited in a dedicated fund directed exclusively to the Crown silviculture program. As explained under Issue 10, Crown royalty rates are reviewed periodically, and increase with market trends. Between these formal evaluations, royalties are reviewed annually in relation to the product selling prices. It is recommended that revenues generated as (a) a result of the “premium” noted in Recommendation 22 and (b) the regular increases based on the December 2 Journal of Assembly 357

market trends, be deposited into a dedicated silviculture fund. Over time, this account would grow in magnitude. It is further recommended that any surplus in the dedicated account be carried over to the following year and used to off-set the cost of the pre- determined, base silviculture level. Issue 12: Management of Industrial Freehold Lands Industrial lands are not all being as intensively managed as the Crown. Industrial freehold represents 18% of the productive forest area of the province. While some industrial land owners have aggressively implemented silviculture programs on their own lands, others have not. Intensive management should be supported on all lands where the primary goal is fibre production. This requirement should be linked to Licensees’ and Sub-Licensees’ access to Crown AAC. Recommendation 25: That DNR establish a minimum level of silviculture that must be conducted on Licensee and Sub-Licensee industrial freehold. This will provide evidence of the commitment that industry has to increased wood production by increasing silviculture on their lands. Under Sections 40 and 45 of the CLFA, each company would be required to report the level of silviculture implemented on their freehold lands on an annual basis to the Minister. DNR may deem it appropriate to inspect some of this property under its monitoring program. 7.0 Conclusions After conducting 13 hearings across the province and reviewing the considerable material submitted to it, the Select Committee on Wood Supply believes its recommendations responsibly respond to the key concerns and issues raised by the public in relation to the management of the public forest. It further believes that its recommendations address many of the wood supply issues raised in the Jaakko Pöyry report. The Committee does not view the Jaakko Pöyry report as a ‘go forward’ document, but considers it a major stimulus that helped bring about unprecedented discussions on the future direction of Crown forest management. Furthermore, the Committee feels that the Jaakko Pöyry report presents but one vision - albeit an important and informative one - and believes management of the public forest to be best served by a public vision, put forward by Government as trustees of that forest. The public consultation process, the first such process since the adoption of the Crown Lands and Forests Act, was remarkable in a 358 52 - 53 Elizabeth II, 2003 - 2004 December 2 number of ways. The number of presenters and written submissions was tremendous; the range of positions and values that the public associate with Crown forests was diverse. The management of New Brunswick’s Crown lands is obviously of great significance and consequence to the people of New Brunswick. Through the course of the Committee’s deliberations, a number of pertinent facts became clear. Concepts fundamental to sound management of the public forest are as follows: • The Government is entrusted with the stewardship responsibilities for the Crown forest. Under no circumstances should the stewardship of these Crown resources be relinquished. Management flexibility must be retained to adapt to changes in the forest and to changing social values. • There must be processes in place to allow the public to participate in determining the principles and goals for Crown forest management. The public must be kept informed about what is done on Crown land and Government must ensure that management objectives are being met. • The forest management system, and the objective setting process, must be biologically sound and consistent with the best scientific understanding of how the forest functions. • The character of the Acadian forest should be promoted and maintained. Objectives to do this must be determined, including explicit wood supply objectives. However, when developing forest management strategies, negative impacts to current supplies of traditional forest products must be tempered. • Community level employment must continue to be an essential benefit derived from the Crown forest. Employment levels must be included as a factor when considering the allocation of Crown wood supply. A more diversified forest industry is desirable, as greater diversity within the forest industry will buffer the industry, as a whole, against market forces and will provide a more stable employment environment. Innovation, in primary and secondary wood processing must be encouraged, as it will form the cornerstone of future employment opportunities within the forest industry. • All land bases, with their related management strategies, are important contributors to the provincial wood supply. • Silviculture is an integral part of the Crown management strategy. A commitment should be made to ensure that once the desirable level of silviculture on Crown land is determined, funding will be available for the duration of that particular management period. Equally important is ensuring that basic silviculture is conducted on industrial freehold held by Licensees and Sub-Licensees. • A premium to reflect the extra value associated with the five-year commitment of quality and quantity of Crown wood, under the 25-year forest management December 2 Journal of Assembly 359

agreements, should be applied to Crown royalty rates. Increments to Crown timber royalties should be deposited to a dedicated Crown silviculture fund. The Committee built upon input received during the public consultation process to develop and present what it sees is a “go forward” strategy. This strategy is aimed at capitalizing on New Brunswick’s forestry strengths and successes, and the public’s desire to have involvement in the future of the Crown forest. The Committee’s goal is to provide a strategy that involves the public, maintains a healthy forest environment and a joboriented, diversified forest economy, all ultimately contributing to the social well-being of New Brunswickers, today and into the future. The Committee respectfully submits this report to Government with the intent of shaping a better forest management future in New Brunswick, firmly believing it will support the Minister of Natural Resources in fulfilling the Department’s mission to manage the natural resources of the Province in the best interest of its people. In summary, the Select Committee on Wood Supply makes the following 25 specific recommendations: Governance and Accountability [1] That DNR incorporate the Select Committee recommendations adopted as result of this report into Departmental policies, the 2007 and 2012 Vision documents, and the Forest Management Manual, where appropriate. [2] That, by December 2007, DNR prepare a strategy for public participation, in time for 2012 management plan development. [3] That a public participation process similar to the one just completed by the Select Committee be undertaken on a 10-year cycle. [4] That an individual (“The Coordinator”) responsible to co-ordinate implementation of the Committee’s recommendations and reporting to the Deputy Minister, be engaged for a five-year term, with possibility of extension. [5] That, no later than April 2005, a Provincial Advisory Committee be established to provide advice to the Minister of Natural Resource on issues pertaining to Crown forest management. [6] That as soon as possible, the purpose and function of the Licensee Stakeholder Committees be clarified and enhanced. [7] That effective 2005, the Minister of Natural Resources report annually to the Legislature on the status of New Brunswick’s forest and its management. [8] That DNR regularly provide objective and factually correct information to the public about forest management including the use of various harvesting and silvicultural techniques. 360 52 - 53 Elizabeth II, 2003 - 2004 December 2

[9] That Crown operators’ performance be more widely reported and penalties for mismanagement be increased. Forest Management Objectives [10] That DNR establish a process to develop quantifiable wood supply objectives for all commercial tree species. [11] That the wood supply strategies and objectives identified above be developed with reference to the natural diversity of the Acadian forest in order to generate increasing yields of a wider variety of commercial tree species while maintaining important ecological features of the forest. [12] That the amount of clearcut harvesting on Crown land be reduced. [13] That, in order to promote the future benefits from the Crown forests, DNR modify existing silviculture guidelines for thinning and planting. [14] That any reduction in the short-term supply of spruce/fir/jack pine be tempered to reduce the negative impact to the existing industry. Allocation of Resources and Distribution of Benefits [15] That DNR continue to use adaptive, science-based decision making in setting management criteria for all special management areas and that no additional harvesting be permitted in special management areas at this time. [16] That, by April 2005, up to 10% of the total annual harvest volume of all species be made available for harvest by small, qualified contractors. [17] That, effective immediately, DNR implement wood allocation mechanisms to promote and stabilize local employment opportunities in the event that a mill ceases operation. [18] That for the 2007 operating plans, DNR facilitate mechanisms which encourage the harvest of other non-timber forest products should they be identified (e.g., balsam fir tipping). [19] That, in April 2007, 2% of the 2002 level AAC be made available for new, value-added wood processing initiatives. [20] That Licensees and Sub-Licensees report on employment levels and that these be considered when the Minister renews Crown allocations. Provincial Wood Supply [21] That the current negotiations concerning primary source of supply that DNR has been facilitating between the New Brunswick Forest Products Association and the New Brunswick Federation of Woodlot Owners be fully supported. December 2 Journal of Assembly 361

[22] That the Crown base royalty rates be increased by an amount to reflect the extra value of a secure Crown wood supply and a credible third-party be engaged to estimate the magnitude of that extra value. [23] That, on a five-year basis, Government commit to the level of silviculture funding deemed appropriate to achieve desired timber objectives developed during the analysis stated in Recommendation 10. [24] That any increase in royalties (using 2004 as the base year) be deposited in a dedicated fund directed exclusively to the Crown silviculture program. [25] That DNR establish a minimum level of silviculture that must be conducted on Licensee and Sub-Licensee industrial freehold. Endnotes 1 Jaakko Pöyry Consulting. 2002. New Brunswick Crown Forests: Assessment of Stewardship and Management. 60 p. 2 NB Department of Natural Resources and Energy. 1999. A Vision for New Brunswick Forests: Goals and Objectives for Crown Land Management. 44 p. Available on line at: http://www.gnb.ca/ 0078/vision-e.asp 3 NB Department of Natural Resources. 2004. Staff Review of the Jaakko Pöyry Report. 57 p. 4 Atlantic Provinces Economic Council. 2003. The New Brunswick Forest Industry: The Potential Economic Impact of Proposal to Increase the Wood Supply. 31 p. 5 Crown Lands and Forests Act; Chapter C-38.1, Acts of New Brunswick, 1980. Consolidated to March 31, 2003 and available on line at: http://www.gnb.ca/0062/acts/acts/c-38-1.htm 6 NB Department of Natural Resources and Energy. 1994. Forest Management Manual for Crown Land. 82 p. 7 NB Department of Resources and Energy. 2002. Derived from forest stand models. Internal analysis. 8 NB Department of Natural Resources. 2004. Derived from the Jaakko Pöyry Consulting. 2002. New Brunswick Crown Forests: Assessment of Stewardship and Management. 9 NB Department of Natural Resources and Energy. 2002. Timber Utilization Survey for the Year 2001. Internal report. 362 52 - 53 Elizabeth II, 2003 - 2004 December 2

His Honour, the Lieutenant-Governor was announced, and having been bidden to enter, took his seat in the chair upon the Throne. His Honour was pleased to close the session with the following speech: Mr. Speaker and Honourable Members of the Legislative Assembly: I want to commend you for your hard work and dedication to the public business of New Brunswick during the First Session of the Fifty-fifth Legislative Assembly. This session marked the first stage of implementation of your government’s policies and platform entitled New Brunswick: Reaching Higher. Going Further, designed to bring greater prosperity to all New Brunswickers. Your government made a commitment in Reaching Higher. Going Further to lower auto insurance rates and make insurance more fair and accessible for New Brunswick motorists. The reforms introduced during this session to the auto insurance system improve accessibility, increase affordability and promote fairness within the system and have lowered rates for many New Brunswick motorists. During this session, your government put in place Healthy Futures, a four-year provincial health plan to secure the province’s health care system and make it sustainable well into the future. In fulfilling a commitment made in the health plan, legislation was introduced to protect New Brunswickers from second-hand smoke. As a result, New Brunswick went smoke free as of Oct. 1 of this year. Another honour was bestowed upon our veterans this session in adding Remembrance Day to the list of paid public holidays covered by the Employment Standards Act effective this year. As part of your government’s work towards municipal reform, amendments were passed this session to lengthen the term of office for municipal councils, district education councils and regional health authorities to four years from three years. These changes give council members a greater chance to make a difference to our communities. Fulfilling another commitment of your government, a modern Securities Act was enacted to enhance New Brunswick’s business environment and make our province competitive in global securities activities. The new act and the Securities Commission have created greater investor confidence and better protect investors against fraud, market manipulation and illegal trading. December 2 Journal of Assembly 363

Your government is committed to balanced budgets. It promised to bring in a balanced budget for 2004-2005 and is on track with that projection. This year’s budget continues your government’s commitment to invest in the top priorities of New Brunswickers: health and senior care, education and children, jobs and prosperity while reinforcing its commitment to fiscal responsibility and living within its means. Your government also recognized the aging nursing home infrastructure in our province had to be addressed. It did so this session by making a major investment of over $90 million to construct a new 75-bed nursing home, replace three nursing homes and renovate six nursing homes throughout New Brunswick. The work done by legislative committees is an essential part of our democratic system. These committees spend many hours holding hearings, examining legislation and other issues of importance to all New Brunswickers. On behalf of the government and all members of this House, I want to thank the members and chairpersons of the legislative committees and all legislative staff for their hard work and their diligence throughout this session. The business of the First Session of the Fifty-fifth Legislative Assembly was very productive. With the business of this session completed, it is my privilege and responsibility to issue the command of Her Majesty that the Legislature stand prorogued. May Divine Providence continue to guide and bless the people of New Brunswick. The Clerk of the Legislative Assembly, Loredana Catalli Sonier, then said: It is His Honour the Lieutenant-Governor’s will and pleasure that the Legislative Assembly be prorogued until 3 o’clock p.m. today, and this Legislative Assembly is hereby prorogued accordingly.

The House prorogued at 11.21 o’clock a.m.

The following documents, having been deposited with the Clerk of the House, were laid upon the table of the House, pursuant to Standing Rule 39: Annual Report 2003-2004, Atlantic Health Sciences Corporation July 12, 2004 364 52 - 53 Elizabeth II, 2003 - 2004 December 2

Annual Report 2003, Algonquin Properties Limited and Algonquin Golf Limited July 12, 2004 Annual Report 2003-2004, Atlantic Lottery Corporation July 13, 2004 Annual Report 2003-2004, New Brunswick Power Corporation August 20, 2004 Annual Report 2003-2004, New Brunswick Advisory Council on Seniors August 25, 2004 Annual Report 2004, Municipal Statistics for New Brunswick September 1, 2004 Annual Report 2004, Aboriginal Affairs Secretariat September 14, 2004 Annual Report 2002-2003, Legal Aid September 20, 2004 Annual Report 2003-2004, Service New Brunswick September 30, 2004 Annual Report 2003-2004, NB Investment Management Corporation October 18, 2004 Annual Report 2000-01, 2001-02, 2002-03, 2003-04, Forest Protection Limited October 22, 2004 Annual Report 2000-2003, New Brunswick Credit Union Deposit Insurance Corporation October 25, 2004 Annual Report 2003-2004, Le Centre communautaire Sainte-Anne October 25, 2004 Annual Report 2003-2004, New Brunswick Highway Corporation October 26, 2004 Annual Report 2003-2004, Labour and Employment Board October 27, 2004 Annual Report 2003-2004, Public Safety October 29, 2004 Annual Report 2003-2004, Office of Human Resources October 29, 2004 Annual Report 2003-2004, New Brunswick Advisory Council on Youth November 1, 2004 Annual Report 2003-2004, Natural Resources November 2, 2004 Annual Report 2003-2004, Transportation November 4, 2004 Annual Report, 2003-2004 Premier’s Council on the Status of Disabled Persons November 5, 2004 Annual Report, Public Accounts for the fiscal year ended 31 March 2004 (Volume 1 Financial Statements November 8, 2004 Annual Report, 2003-2004 Maritime Provinces Higher Education Commission November 8, 2004 December 2 Journal of Assembly 365

Annual Report, 2003-2004 Lotteries Commission of New Brunswick November 12, 2004 Annual Report, 2003-2004 Training and Employment Development November 25, 2004 Annual Report, 2003-2004 New Brunswick Human Rights Commission November 26, 2004 Annual Report 2003-2004, Family and Community Services November 29, 2004 Annual Report 2003-2004, Supply and Services November 30, 2004 OTHER Brief presented by the New Brunswick Advisory Council on the Status of Women to the New Brunswick Commission on Legislative Democracy - Women and Electoral Reform in New Brunswick July 21, 2004 Public Disclosure Statements filed pursuant to subsection 20(7) of the Members’ Conflict of Interest Act October 15, 2004 Report of the Auditor General of New Brunswick - Volume 1 - 2004 October 26, 2004 Planning for Prosperity - Business New Brunswick’s Strategic Plan (2004-2007) November 1, 2004 Legislative Activities 2003 November 12, 2004 Members Expense Report for the 2003-2004 fiscal year November 16, 2004

INDEX

INDEX iii INDEX TO JOURNALS OF LEGISLATIVE ASSEMBLY 2003-2004

A Acadia, 400th Anniversary, dignitaries from France welcomed, 296. Aboriginal Day, National, National anthem sung in Mi’kmaq to commemorate, 288. Address, In reply to the speech of Her Honour the Lieutenant-Governor at opening of House, moved and seconded, 16; debated and adjourned over, 17, 34, 36, 45, 47, debate ended, resolved in the affirmative, 47; ordered to be engrossed and presented, 47; Committee to present same appointed, 47. Adjournment of the House, 42, 47, 58, 79, 122, 258, 272, 289, 302, 318. Administrator, Signified Royal Assent to Bills, 318. Signified Royal Assent to Supplementary Appropriations Act 2004-2005 (Bill 82), 319. Took Chair, 318. Vacated Chair, 319. Annual Reports, Aboriginal Affairs Secretariat 2004, 364. Algonquin Properties Limited and Algonquin Golf Limited, Annual Report and Financial Statements of, 74; 2003, 364. Atlantic Health Sciences Corporation 2003-2004, 363. Atlantic Lottery Corporation 2003, 74; 2003-2004, 364. Beauséjour Regional Health Authority 2002-2003, 18. Beaverbrook Art Gallery 2002, 74. Centre communautaire Sainte-Anne, Le, 2002-2003, 74; 2003-2004, 364. Conflict of Interest Commissioner, 2002-2003, 18; 2003-2004 for the period May 1, 2003 to April 30, 2004, 257. Council of Atlantic Premiers, The, Report for 2001-2003, 119. Culture and Sport Secretariat 2002-2003, 75. Department of Agriculture, Fisheries and Aquaculture 2002-2003, 119. Department of Education 2002-2003, 119. Department of Environment and Local Government, 119. Department of Family and Community Services 2002-2003, 119; 2003-2004, 365. Department of Finance, 2002-2003, 74. Department of Intergovernmental Affairs 2002-2003, 74. Department of Health and Wellness 2002-2003, 118. Department of Justice (Insurance) 2001, 18; 2002-2003, 119. Department of Justice (Co-operatives) 2001, 18; 2002, 119. Department of Justice (Credit Unions) 2001, 18; 2002, 119. Department of Justice and Attorney General 2002-2003, 119. Department of Natural Resources and Energy 2002-2003,74; 2003-2004, 364. Department of Public Safety 2002-2003, 74; 2003-2004, 364. Department of Service New Brunswick 2002-2003, 74; 2003-2004, 364. iv INDEX

Department of Supply and Services 2002-2003, 75; 2003-2004, 365. Department of Tourism and Parks 2002-2003, 74. Department of Training and Employment Development 2002-2003, 74; 2003-2004, 365. Department of Transportation 2002-2003, 74; 2003-2004, 364. Forest Protection Limited 2000-01, 2001-02, 2002-03, 2003-04, 364. Kings Landing (April 1, 2002 to March 31, 2003), 75. Labour and Employment Board 2002-2003, 76; 2003-2004, 364. Legal Aid New Brunswick 2001-2002; 18; 2002-2003, 364. Legislative Activities 2002, 74; 2003, 365. Lotteries Commission of New Brunswick 2002-2003, 76; 2003-2004, 365. Main Estimates 2004-2005, 122. Maritime Provinces Higher Education Commission 2002-2003, 119; 2003-2004, 364. Municipal Statistics for New Brunswick 2003, 75; 2004, 364. NB Investment Management Corporation 2002-2003; 75; 2003-2004, 364. New Brunswick Advisory Council on the Status of Women Annual Report 2002- 2003, 119. New Brunswick Advisory Council on Seniors 2003-2004, 364. New Brunswick Advisory Council on Youth 2003-2004, 364. New Brunswick Board of Commissioners of Public Utilities, 75. New Brunswick Credit Union Deposit Insurance Corporation 2000-2003, 364. New Brunswick Highway Corporation 2002-2003, 75; 2003-2004, 364. New Brunswick Human Rights Commission 2001-2002, 18; 2002-2003, 74; 2003- 2004, 365. New Brunswick Liquor Corporation, 74. New Brunswick Police Commission, 119. New Brunswick Power Corporation 2002-2003, 18; 2003-2004, 364. New Brunswick Tire Stewardship Board 2002 Management Plan 2003-2004, The, 75; 2003, 320. Office of the Chief Coroner 2002-2003, 118. Office of the Comptroller 2002-2003, 74. Office of Human Resources 2002-2003, 74; 2003-2004, 364. Office of the Ombudsman 2002-2003, 118. Premier’s Council on the Status of Disabled Persons 2002-2003, 75; 2003-2004, 364. Provincial Holdings Ltd. for the year ending March 31, 2003, 118. Public Safety Inspection Services 2002-2003, 118. RCMP “J” Division 2002/03, 75. Regional Development Corporation 2002-2003, 118; Annual Listing of Program Expenditures for the year ending 31 March 2003, 118. Research and Productivity Council 2002-2003, 75. River Valley Regional Health Authority 2002-2003, 18. Vital Statistics 2002, 119. Workplace Health, Safety and Compensation Commission 2003, 122. Youth Council of New Brunswick 2001-2002, 74; 2002-2003, 76. Reports, Other Air Quality Monitoring Results in New Brunswick for the year 2001 - Environmental Reporting Series, 75; 2002, 119. Auditor’s Report on the Accounts of the Auditor General of the Province of New Brunswick for the fiscal year ended 31 March 2003, 67. Auditor General of New Brunswick - Volume 1, Highlights, Report of the, 2003, 81. Auditor General of New Brunswick - Volume 1, Report of the, 2003, 81; 2004, 365. Auditor General of New Brunswick - Volume 2, Report of the, 2003, 119. INDEX v

Auditor General, 2001, entitled “Indicators of the Province’s Financial Condition” as well as a document entitled “Response to erroneous information about U.S. $500 Million bond issue,” Chapter Two of the Report of the, 109. Automobile Rates in New Brunswick July 28, 2003, Input of Proposed Tort Reform on Private Passenger, 20. Brief presented by the New Brunswick Advisory Council on the Status of Women to the New Brunswick Commission on Legislative Democracy, Women and Electoral Reform in New Brunswick, 365. Budget 2004-2005 - Living within our Means Focusing on Priorities, 122. Budget Paper, Accounting for Tangible Capital Assets, 95. Chief Electoral Officer - Thirty-fifth General Election-June 9, 2003, Report of the, 76. Consultation Paper on Public Auto Insurance in New Brunswick, 75. Election Returns of Votes Polled in the Several Electoral Districts of the province in the general election held June 9, 2003, 8. Election Returns of Votes Polled in the Electoral District of Shediac—Cap-Pelé October 4, 2004, (By-election), 321. Financial Statements for the fiscal year ended 31 March 2003, 75. Forestry Sector Group, Directory - New Brunswick, 75. Government of New Brunswick Workforce Profile, 117. Healthy Futures: Securing New Brunswick’s Health Care System, The Provincial Health Plan 2004-2008, 263. Letter dated May 22, 2004, addressed to Hon. Mr. Fitch from David D. Hay, President and CEO of NB Power, 240. Maritime Provinces Higher Education Commission Survey of 1999 Maritime University Graduates in 2001, 18. Members’ Expenses, pursuant to section 30(3) of the Legislative Assembly Act, A Report by the Minister of Finance on, 76. Members Expense Report for the 2003-2004 fiscal year, 365. New Brunswick Automobile Insurance Review Report. Prepared for the New Brunswick Office of the Attorney General, June 25, 2004. Prepared by Pricewaterhouse Coopers LLP, 306. New Brunswick Economy 2004, The, 122. Planning for Prosperity - Business New Brunswick’s Strategic Plan 2004-2007, 365. Point Lepreau Refurbishment Review, Dr. Robin Jeffrey, April 2004, 184. Position Paper on Human Rights Renewal in the Province of New Brunswick, 122. Public Accounts for the fiscal year ended 31 March 2003 - Volume 1, 118. Public Accounts for the fiscal year ended 31 March 2003 - Volume 2 - Supplementary Information, 118. Public Accounts for the fiscal year ended 31 March 2003 - Volume 3 - Financial Statements of Crown Corporations, Boards, Commissions, 119. Public Accounts for the fiscal year ended 31 March 2003 - Volume 4 - Trust Funds, 119. Public Accounts for the fiscal year ended 31 March 2003 - Volume 5 - Salary Listings of Organizations, 118. Public Accounts for the fiscal year ended 31 March 2004 - Volume 1 and Financial Statements, 364. Public Disclosure Statements filed pursuant to subsection 20(7) of the Members’ Conflict of Interest Act, 75; 365. Report Card on the Status of Women in New Brunswick 2004, 119. Report to the Office of the Attorney General for the Province of New Brunswick on the Review of the Final Report of the Select Committee on Public Automobile Insurance. Prepared by: Brian G. Pelly, Fellow, Canadian Institute of Actuaries, Eckler Partners Ltd., 306. vi INDEX

Report to the Speaker of Hon. Stuart Stratton into allegations of Mr. Bernard Richard, MLA for Shediac—Cap-Pelé of possible violation of Members’ Conflict of Interest Act by Michael Malley, MLA for Miramichi-Bay du Vin, 18. Request for Proposals, TransCanada Highway Project for the Design, Construction, Financing, Operation, Maintenance and Rehabilitation of Route 2 between the Québec Border and Longs Creek and Route 95, 191. Strategies for Faculty Renewal in the Maritimes - October 2003, 119. Trans Canada Highway Project, Request for Qualifications for the Design, Construction, Financing, Operation, Maintenance & Rehabilitation of a four-lane highway between Saint-Léonard and Longs Creek, 108. Workplace Health, Safety and Compensation Commission - Report to Stakeholders 2002, 75. Workplace Health, Safety and Compensation Commission - Worker’s Compensation: A guide for New Brunswick Workers, 75. Anthem, national, Sung in Mi’kmaq to commemorate National Aboriginal Day, 288. B Bills Introduced: Public Bills, Government Bills [passed] Administrative Matters in Various Corporate Acts, An Act Respecting, Bill 20. Read first time, 68; read second time, 90; Committee of Whole and agreed to, 202; read third time, 204. R.A., 253. Assessment Act, An Act to Amend the, Bill 35. Read first time, 121; motion for second reading debated and carried, read second time, 163; Committee of Whole and agreed to, 202; read third time, 204. R.A., 254. Appropriations Act 2004-2005, Bill 82. Read first time, 311; unanimous consent for second reading forthwith, 311; motion for second reading debated and carried on division, 311; read second time, 312; Committee of Whole and agreed to, 312; unanimous consent for third reading forthwith, read third time, 312. R.A., 319. Bulk Sales Act, An Act to Repeal the, Bill 36. Read first time, 121; motion for second reading debated and carried, read second time, 163; Committee of Whole and agreed to, 267; read third time, 269. R.A., 318. Clean Water Act, An Act to Amend the, Bill 33. Read first time, 121; motion for second reading debated and carried, read second time, 162; Committee of Whole and progress reported, 244; Committee of Whole and agreed to, 304; motion for third reading debated and carried, read third time, 307. R.A., 318. Consumer Advocate for Insurance Act, Bill 79. Read first time, 306; unanimous consent for second reading forthwith, 312; motion for second reading debated and carried, read second time, 313; Committee of Whole and agreed to, 316; unanimous consent for third reading forthwith, 316; read third time, 317. R.A., 319. INDEX vii

Custody and Detention of Young Persons Act, An Act to Amend the, Bill 32. Read first time, 121; motion for second reading debated and carried, read second time, 162; Committee of Whole and progress reported, 203; Committee of Whole and agreed to, 244; read third time, 246. R.A., 254. Education Act, An Act to Amend the, Bill 22. Read first time, 68; motion for second reading debated and carried, read second time, 95; Committee of Whole and agreed to, 304; read third time 307. R.A., 318. Employment Standards Act, An Act to Amend the, Bill 8. Read first time, 68; motion for second reading debated and carried, read second time, 79; Committee of Whole and agreed to as amended, 106; read third time, 110. R.A., 111. Employment Standards Act, An Act to Amend the, Bill 31. Read first time, 121; motion for second reading debated and carried, read second time, 162; Committee of Whole and agreed to as amended, 202; read third time, 204. R.A., 254. Executive Council Act, An Act to Amend the, Bill 23. Read first time, 68; read second time, 95; Committee of Whole and agreed to, 267; read third time, 269. R.A., 318. Executive Council Act, An Act to Amend the, Bill 71. Read first time, 293; read second time, 298; Committee of Whole and agreed to, 304; read third time, 308. R.A., 319. Family Services Act, An Act to Amend the, Bill 21. Read first time, 68; motion for second reading debated and carried, read second time, 90; Committee of Whole and agreed to, 267; read third time, 269. R.A., 318. Fines for Provincial Offences, An Act Respecting the, Bill 69. Read first time, 293; read second time, 298; Committee of Whole and agreed to, 304; motion for third reading debated and carried, read third time, 308. R.A., 319. Fish and Wildlife Act, An Act to Amend the, Bill 34. Read first time, 121; motion for second reading debated and carried, read second time, 162; Committee of Whole and agreed to, 244; read third time, 246. R.A., 254. Gasoline and Motive Fuel Tax Act, An Act to Amend the, Bill 11. Read first time, 68; motion for second reading debated and carried, read second time, 88; Committee of Whole and agreed to, 106; read third time, 111. R.A., 111. Human Tissue Gift Act, Bill 37. Read first time, 159; motion for second reading debated and carried, read second time, 166; Committee of Whole and agreed to, 285; read third time, 289. R.A., 318. Insurance Act, An Act to Amend the, Bill 1. Read first time, 16; motion for second reading debated and adjourned, 33; debate resumed, question put, motion carried, read second time, 38; Committee of Whole and agreed to, 51; motion for third reading debated and carried, read third time, 57. R.A., 58. [Pro Forma Bill] viii INDEX

Insurance Act, An Act to Amend the, Bill 78. Read first time, 306; unanimous consent for second reading forthwith, 312; motion for second reading debated, 312, 313; motion carried, read second time, 313; Committee of Whole and agreed to, 316; unanimous consent for third reading forthwith, 316; motion for third reading debated and carried on division, 316; read third time, 317. R.A., 319. Legal Aid Act, An Act to Amend the, Bill 81. Read first time, 306; motion for second reading debated and carried, 315; unanimous consent for Committee of Whole consideration forthwith; Committee of Whole and agreed to, 316; unanimous consent for third reading forthwith, 316; read third time, 317. R.A., 319. Loan Act 2004, Bill 66. Read first time, 293; motion for second reading debated and carried, read second time, 297; Committee of Whole and agreed to, 304; read third time, 308. R.A., 319. Medical Services Payment Act, An Act to Amend the, Bill 30. Read first time, 121; motion for second reading debated and carried, read second time, 160; Committee of Whole and agreed to, 221; read third time, 222. R.A., 254. Mental Health Act, An Act to Amend the, Bill 14. Read first time, 68; read second time, 89; Committee of Whole and agreed to, 221; read third time, 222. R.A., 253. Mental Health Act, An Act to Amend the, Bill 29. Read first time, 121; motion for second reading debated and carried, read second time, 160; Committee of Whole and agreed to, 221; read third time, 222. R.A., 254. Mental Health and Public Health Services, An Act Respecting, Bill 13. Read first time, 68; motion for second reading debated and carried, read second time, 89; Committee of Whole and agreed to, 285; read third time, 289. R.A., 318. Motor Vehicle Act, An Act to Amend the, Bill 72. Read first time, 293; motion for second reading debated and carried, read second time, 298; Committee of Whole and agreed to, 304; read third time, 308. R.A., 319. Motor Vehicle Act, An Act to Amend the, Bill 80. Read first time, 306; unanimous consent for second reading forthwith, 312; motion for second reading debated and carried, read second time, 313; Committee of Whole and agreed to, 316; unanimous consent for third reading forthwith, 316; read third time, 317. R.A., 319. Municipal Assistance Act, An Act to Amend the, Bill 9. Read first time, 68; motion for second reading debated and adjourned, 81, 84; debate ended, question put, motion carried on division, read second time, 87; Committee of Whole and motion to report the Bill as agreed to carried on division, 106; motion for third reading carried on division, read third time, 111. R.A., 111. Municipal Elections Act, An Act to Amend the, Bill 28. Read first time, 121; motion for second reading debated and carried, read second time, referred to Committee of Whole during the same sitting, 160; Committee of Whole and progress reported, 163; Committee the whole and agreed to as amended, 172; read third time, 173. R.A., 174. INDEX ix

Municipalities Act, An Act to Amend the, Bill 43. Read first time, 187; motion for second reading debated and carried, read second time, 192; referred to Committee of Whole for consideration forthwith, Committee of Whole and agreed to, 193; read third time, 195. R.A., 199. New Brunswick Income Tax Act, An Act to Amend the, Bill 68. Read first time, 293; read second time, 298; Committee of Whole and agreed to, 304; motion for third reading debated and carried, read third time, 308. R.A., 319. Occupational Health and Safety Act, An Act to Amend An Act to Amend the, Bill 15. Read first time, 68; motion for second reading debated and carried, read second time, 89; Committee of Whole and agreed to, 243; read third time, 246. R.A., 253. Occupational Health and Safety Act, An Act to Amend An Act to Amend the, Bill 58. Read first time, 269; motion for second reading debated and carried, read second time, 273; Committee of Whole and agreed to, 285; read third time, 289. R.A., 318. Order of New Brunswick Act, An Act to Amend the, Bill 19. Read first time, 68; read second time, 90; Committee of Whole and agreed to, 243; read third time, 246. R.A., 253. Personal Property Security Act, An Act to Amend the, Bill 74. Read first time, 293; read second time, 298; Committee of Whole and agreed to, 305; read third time, 308. R.A., 319. Provincial Court Act, An Act to Amend the, Bill 16. Read first time, 68; motion for second reading debated and carried, read second time, 89; Committee of Whole and agreed to as amended, 267; read third time, 269. R.A., 318. Provincial Court Act, An Act to Amend the, Bill 70. Read first time, 293; read second time, 298; Committee of Whole and agreed to, 304; read third time, 308. R.A., 319. Public Service Superannuation Act, An Act to Amend the, Bill 73. Read first time, 293; read second time, 298; Committee of Whole and agreed to, 305; read third time, 308. R.A., 319. Quarriable Substances Act, An Act to Amend the, Bill 45. Read first time, 187; motion for second reading debated and carried, read second time, 193; Committee of Whole and agreed to, 244; read third time, 246. R.A., 254. Real Property Tax Act, An Act to Amend the, Bill 67. Read first time, 293; motion for second reading debated and carried, read second time, 297; Committee of Whole and agreed to, 304; read third time, 308. R.A., 319. Real Property Tax on University Property, An Act Respecting the, Bill 10. Read first time, 68; motion for second reading debated and carried, read second time, 88; Committee of Whole and agreed to, 106; read third time, 111. R.A., 111. Securities Act, Bill 44. Read first time, 187; motion for second reading debated and carried, read second time, 192; Committee of Whole and agreed to, 255; read third time, 259. R.A., 261. x INDEX

Smoke-free Places Act, Bill 75. Read first time, 296; motion for second reading debated and carried, read second time, 302; Committee of Whole and agreed to, 305; read third time, 308. R.A., 319. Special Appropriation Act 2004, Bill 65. Read first time, 293; motion for second reading debated and carried, read second time, 297; Committee of Whole and agreed to, 304; read third time, 308. R.A., 319. Sunday Shopping, An Act Respecting, Bill 38. Read first time, 159; motion for second reading debated and carried, read second time, 166; Committee of Whole and agreed to, 304; motion for third reading debated and carried, read third time, 307. R.A., 318. Supplementary Appropriations Act 2002-03 (2), Bill 47. Read first time, 191; motion for second reading debated and carried, read second time, 195; Committee of Whole and agreed to, 244; read third time, 246. R.A., 254. Supplementary Appropriations Act 2003-2004 (1), Bill 27. Read first time, 104; read second time, 112; Committee of Whole and agreed to, 243; read third time, 246. R.A., 253. Tobacco Tax Act, An Act to Amend the, Bill 12. Read first time, 68; read second time, 88; Committee of Whole and agreed to, 106; read third time, 111. R.A., 111. Government Bills [Not passed] Crown Lands and Forest Act, An Act to Amend the, Bill 17. Read first time, 68; motion for second reading debated and adjourned, 89. Fish and Wildlife Act, An Act to Amend the, Bill 18. Read first time, 68; motion for second reading debated and adjourned, 89. Private Bills [Passed] Embalmers, Funeral Directors and Funeral Providers Act, Bill 62. Read first time and referred to the Standing Committee on Private Bills, 281; reported favourably, 292; read second time, 296; read third time, 297. R.A., 318. Firecrest Hambro Trust Corporation Canada Limited, An Act to Incorporate, Bill 48. Read first time and referred to the Standing Committee on Private Bills, 200; Committee reported progress, 232; reported favourably, 262; read second time, 266; read third time, 266. R.A., 318. New Brunswick Association of Medical Radiation Technologists, An Act to Incorporate the, Bill 40. Read first time and referred to the Standing Committee on Private Bills, 164; reported favourably as amended, 210; read second time, 213; read third time, 213. R.A., 254. New Brunswick Institute of Agrologists, An Act to Incorporate the, Bill 41. Read first time and referred to the Standing Committee on Private Bills, 170; reported favourably, 210; read second time, 213; read third time, 213. R.A., 254. New Brunswick Society of Cardiology Technologists, An Act Respecting the, Bill 54. Read first time and referred to the Standing Committee on Private Bills, 254; reported favourably with amendments, 262; read second time, 266; read third time, 266. R.A., 318. INDEX xi

Optometry, Act Bill 57. Read first time and referred to the Standing Committee on Private Bills, 257; reported favourably with amendments, 292; read second time, 296; read third time, 297. R.A., 318. Pension Plan for Employees of the City of Moncton Act, An Act to Amend the, Bill 49. Read first time and referred to the Standing Committee on Private Bills, 200; reported favourably, 232; read second time, 241; read third time, 241. R.A., 254. Private Members’ Public Bills [passed] Child and Youth Advocate Act, Bill 46. Read first time, 191; motion for second reading debated and carried, read second time, 195; Committee of Whole and agreed to as amended, 317; unanimous consent for third reading forthwith, 317; third reading, 317. R.A., 318. Human Rights Act, An Act to Amend the, Bill 24. Read first time, 68; motion for second reading debated and carried, read second time, 96; Committee of Whole and agreed to as amended, 317; unanimous consent for third reading forthwith, 317; third reading, 317. R.A., 318. Private Members’ Public Bills [Not Passed] Auditor General Act, An Act to Amend the, Bill 42. Read first time, 187; motion for second reading debated, and negatived on division, 192. Construction Labour Mobility Act, Bill 3. Read first time, 35; motion for second reading debated and adjourned on division, 42. Coroners Act, An Act to Amend the, Bill 61. Read first time, 277; motion for second reading debated and adjourned on division, 281. Electricity Act, An Act to Amend the, Bill 4. Read first time, 35; motion for second reading debated, amendment proposed to discharge and refer subject matter to Standing Committee on Law Amendments, debated, 43; question put, House divided equally on division, 27 yeas, 27 nays; Speaker cast deciding vote, amendment negatived on division, 44; debate on second reading adjourned on division, 44. Family Services Act, An Act to Amend the, Bill 53. Read first time, 240; motion for second reading debated and carried, read second time, 247. Fiscal Transparency Act, Bill 39. Read first time, 164; motion for second reading debated and negatived on division, 171. Income Tax Act, An Act to Amend the, Bill 76. Read first time, 296; motion for second reading debated and adjourned, 302. Insurance Act, An Act to Amend the, Bill 7. Read first time, 39; motion for second reading debated and adjourned on division, 49. xii INDEX

Legislative Assembly Act, An Act to Amend the, Bill 25. Read first time, 94; motion for second reading debated and adjourned over on division, 100. Legislative Assembly Act, An Act to Amend the, Bill 56. Read first time, 254; motion for second reading debated and carried, read second time, 259. Liquor Control Act, An Act to Amend the, Bill 59. Read first time, 269; motion for second reading debated and adjourned, 273. Pay Equity Act, Bill 77. Read first time, 301; motion for second reading debated, 308; amendment to discharge and refer subject matter to Standing Committee on Law Amendments debated and carried, 308. Public Trustee Act, Bill 50. Read first time, 216; motion for second reading debated and carried, read second time, 218. Public Utilities Act, An Act to Amend the, Bill 6. Read first time, 39; motion for second reading debated and adjourned, 49. Regional Health Authorities Act, An Act to Amend the, Bill 26. Read first time, 94; motion for second reading debated and adjourned on division, 101. Regional Health Authorities Act, An Act Respecting the, Bill 52. Read first time, 240; motion for second reading debated, 246; question put, motion negatived, 247. Restricted Dogs Act, Bill 55. Read first time, 254; motion for second reading debated, 259; amendment to discharge and refer subject matter to Standing Committee on Law Amendments debated and carried, 259. Victims of Family Violence Act, Bill 51. Read first time, 236; motion for second reading debated and adjourned on division, 241. Volunteer Protection Act, Bill 2. Read first time, 20; unanimous consent to defer second reading, 34; motion for second reading debated, amendment to discharge and refer subject matter to the Standing Committee on Law Amendments debated and carried, 36. Workers’ Compensation Act, An Act to Amend the, Bill 5. Read first time, 39; motion for second reading debated, amendment to discharge and refer subject matter to Standing Committee on Law Amendments debated and carried, 48. Workers’ Compensation Act, An Act to Amend the, Bill 63. Read first time, 285; motion for second reading debated and adjourned on division, 289. INDEX xiii

Workers’ Compensation Act, An Act to Amend the, Bill 64. Read first time, 285; motion for second reading debated and adjourned on division, 290. Youth Assistance Act, An Act to Amend the, Bill 60. Read first time, 271; motion for second reading debated and adjourned on division, 277. Budget, Motion that House approve capital budget (Motion 46), Notice of, 72; unanimous consent to move motion, 95; motion moved, debated, question put, motion carried, 96. Motion that House approve budget (Main Estimates) (Motion 65), Notice of, 99; motion moved, 117; debated, 117, 123, 166, 172, 174, 175, 177; question put, motion carried on division, 177. By-Election Shediac—Cap-Pelé, returns for October 4, 2004, tabled, 321. C Clerk of the Legislative Assembly, Announced, Assent, 58, 254, 261. Prorogation, 363. Advised House, Of her duty to preside over the election of Speaker; that only one candidate had declared intention to run for Speakership, 2; of agreement to dispense with requirement of Standing Rule 11(8)(1), 2. Declared Bev Harrison elected Speaker, 2. Clerk Assistant, Announced Assent, 111, 174, 199, 319. Read titles of Bills to be assented to, 58, 111, 174, 199, 253, 261, 318. Clerk Assistant and Committee Clerk, Shayne Davies appointed, 52. Committees (Select) Select Committee on Education, Appointed, 30. Select Committee on Health Care, Appointed, 31. Select Committee on Wood Supply, Appointed, 32; Final Report, 321. Select Committee on Public Automobile Insurance, Appointed, 40; membership amended, 83; empowered to sit concurrently with the House, 86; Speaker took under advisement a motion referring leak of draft report to Standing Committee on Privileges, 124; Final Report, 125; Speaker ruled that there was a prima facie case of breach of privilege; motion moved and carried, 161. xiv INDEX

Committees (Standing), Crown Corporations, Appointed, 29; membership amended, 83. Law Amendments, Appointed, 29; Bill 2, Volunteer Protection Act referred, 36; Bill 55, Restricted Dogs Act referred, 259; Bill 77, Pay Equity Act referred, 308. Legislative Administration, Appointed, 29; membership amended, 83, 184. Ombudsman, Appointed, 29. Private Bills, Appointed, 29; First Report, 210; Second Report, 232; Third Report, 262; Fourth Report, 292. Privileges, Appointed, 29, motion referring matter of leaking of Select Committee on Public Automobile Insurance draft report referred, 161. Procedure, Membership appointed, 29; motion referring creation of a Standing Committee on Education referred, 30; motion referring creation of a Standing Committee on Health Care referred, 32; First Report, 60; membership amended, 83. Motion 48, THAT the recommendations contained in the First Report be concurred in by the House debated, amendment proposed to add after the word “Procedure” “, except for any and all recommendations amending Standing Rule 81”, debated, 73; amendment carried; amended motion carried, 116. Public Accounts, Appointed, 29; membership amended, 83. Committee of Supply, House resolved into a Committee of Supply to consider Supplementary Estimates 2001-2002 Volume I or Supplementary Estimates 2000-2001 Volume IV, 96, 97, 101, 105, 113. House resolved itself into a Committee of Supply to be granted to Her Majesty forthwith, 178. House resolved itself into a Committee of Supply to consider Main Estimates, 185, 190, 193, 196, 198, 204, 207, 209, 211, 215, 216, 222, 226, 229, 230, 235, 236, 247, 251, 255, 259, 263, 267, 270, 273, 276, 278, 282, 285, 290, 294, 298, 302, 309. Mr. S. Graham moved THAT the Committee, when it reports on the estimates of the Department of Health & Wellness, urge the Government to delay any and all bed cuts until such time as it has presented a long-term care strategy to the House, and the aforementioned long-term care strategy has been implemented in New Brunswick, 273; point of order raised regarding admissibility of motion, Chairman took matter under consideration, 273; Chairman ruled motion for a substantive recommendation went beyond the scope of the order of reference for the Committee which was to agree to, reduce or negative the Estimates, 274; Mr. Lamrock requested the Chairman’s ruling be appealed to Speaker, 274; Speaker took Chair, Committee reported, Mr. Lamrock submitted arguments, 275; Speaker sustained decision of Chair, 275. INDEX xv

Motion THAT there be granted to Her Majesty a sum not exceeding $1,609,634,000 to defray the expenses of the Ordinary Account program allocations, for the Department of Health and Wellness for the fiscal year ending the 31st of March, 2005, question put, motion carried on division, 309. Committee of the Whole, House resolved itself into a Committee of the Whole to consider legislation, 51, 106, 163, 172, 193, 202, 221, 243, 255, 267, 285, 304, 312, 315, 317. D

Deputy Speakers (Chairman of Committees of the Whole House), In House, Appointed, 17. Ruled Mr. Allaby’s point re Minister of Public Safety limiting comments to the principle of the Bill under consideration well taken, 33. Cautioned that debate at second reading be confined to the principle of the Bill re Hon. P. Robichaud’s point of order, 37, 38, 84. Ruled Mr. Richard’s point re Minister of Business New Brunswick using props well taken, 38. Ruled Mr. Richard’s point of order that the Minister of Finance refer to the Leader of the Opposition by his correct title well taken, 46. Ruled Mr. MacIntyre’s point of order that the comments of the Minister of Intergovernmental and International Relations were not related to the motion under consideration well taken, 50. Cautioned Members to limit comments in debate to the relevant motion, 50. Ruled Mr. Allaby’s point of order that the Minister of Business New Brunswick refrain from noting the presence or absence of Members well taken, 57. Ruled that the issue of a woman chaining herself to the Legislature earlier during the day was not a point of order but a concern and informed House of Speaker’s responsibility for security within the precincts; Speaker to express his concerns and those of the Assembly regarding the appropriate course of action that should be taken to resolve the matter, re point of order of Ms. Weir; 80. Ruled that Hon. Mr. Green’s point of order that the Member for Saint John Champlain should direct his comments through the chair well taken, 80. Cautioned Members against making personal attacks re Hon. Ms. Fowlie’s point of order that the Member for Moncton North was referring to a Minister in an unparliamentary manner, 80. Ruled that Hon. Mr. Steeves’ point of order that the Member for Saint John Lancaster was inappropriately referring to a Member by name and not by constituency well taken, 84. Ruled Hon. Mr. Green’s point of order that it was improper for the Member for Nepisiguit to use props in the House well taken, 88. Ruled that Mr. Stiles’ point of order that the Member for Nepisiguit was imputing false or unavowed motives to the Minister of Transportation involved a dispute over facts and the role of the Speaker is not to resolve disputes of fact, 88. Ruled that Mr. Steeves’ point of order that Mr. Jamieson was referring to the Premier by name well taken, 167. Cautioned Mr. MacDonald to keep his remarks relevant to the principle of the Bill under discussion; interrupted debate on two more occasions with the same caution and recites Standing Rule 18 which empowers the Speaker or Chairman xvi INDEX

to direct that a Member discontinue speaking if the Member persists in irrelevant or tedious repetition of arguments; interrupted Mr. MacDonald and recognizes Hon. Mr. Volpé, 171. Ruled that Mr. Burke’s point order that the Member of Dieppe-Memramcook was referring to people outside the House well taken, 176. Informed House that the motion proposed by Mr. Lamrock, that the Speaker be suspended until the Committee of Privileges investigated the allegation that the Speaker had breached the privileges of the House, would be dealt with in two hours, 207; ruled that parliamentary authorities are clear—that the actions of the Speaker are not to be criticized in debate, or by any other means, except by way of substantive motion, and that raising questions concerning the Speaker by means of a question of privilege is not in order, 208. Interrupted proceedings calling for order and referring Members to Standing Rule 20(1), 214. Cautioned Members to refrain from referring to the absence or presence of Members in the House, 219. Cautioned Members against the use of unparliamentary language re Mr. Lamrock’s point of order, 234. Cautioned Members against the use of unparliamentary language re Hon. P. Robichaud’s point of order, 235. Ruled Hon. P. Robichaud’s point or order that the Member for Caraquet had used the term “liar” well taken and requested the Member withdraw the comment, 246. Ruled Mr. Allaby’s point of order that the amendment to Motion 9 was not in order not well taken, 250. In Committee of Whole, Advised he will review transcript and report back to Committee re Mr. Carr’s point of order that the Member for Fredericton North had made unparliamentary remarks, 51. In Committee of Supply, Reminded Members that latitude is granted all Members posing questions in Committee of Supply, re Hon. E. Robichaud’s point of order that questions by Leader of the Opposition were not related to the estimates under consideration, 97. Stated that traditionally during Committee of Supply there are no limits on the number of questions that can be asked nor the length of responses as long as the debate is relevant to the discussion and not repetitious, cautions Members to abide by these principles and ruled that there had been repetition and that the same question had been asked of the Minister on several occasions re Hon. Mr. Lord’s point of order that the questions were repetitious and not relevant to the debate, 97. Ruled re Hon. P. Robichaud’s point of order raised the previous day that the Member for Moncton North had used disrespectful language when referring to the Minister of Transportation and that the Member withdraw his comment; the Member complied, 236. Ruled re Hon. Mr. Green’s point of order re the motion moved by Mr. S. Graham in Committee of Supply for a substantive recommendation to the House is out of order, that motion is out of order as substantive recommendations go beyond the scope of the order of reference of the Committee, which is to agree to, reduce or negative the Estimates, 274; Mr. Lamrock requested that Chairman’s ruling be appealed to Speaker, 274; Speaker took Chair, Committee reported, Mr. Lamrock submitted arguments, 275; Speaker sustains decision of Chair, 275. INDEX xvii

Documents Tabled, By Mr. Speaker, Pursuant to the provisions of the Elections Act, Election Returns of Votes Polled in the Several Electoral Districts of the province in the general election held June 9, 2003, 8. Auditor’s Report on the Accounts of the Auditor General of the Province of New Brunswick for the fiscal year ended 31 March 2003, 67. Annual Report 2003-2004 of the Conflict of Interest Commissioner, 257. Return of votes polled in the electoral district of Shediac—Cap-Pelé in the by- election held October 4, 2004, 321. By Hon. Mr. Fitch, Point Lepreau Refurbishment Review, Dr. Robin Jeffrey, April 2004, 184. Letter dated May 22, 2004 addressed to Hon. Mr. Fitch from David D. Hay, president and CEO of NB Power, 240. By Hon. Mr. Green, “Input of Proposed Tort Reform on Private Passenger Automobile Rates in New Brunswick, July 28, 2003,” 20. New Brunswick Automobile Insurance Review Report. Prepared for the New Brunswick Office of the Attorney General, June 25, 2004. Prepared by PricewaterhouseCoopers LLP, 306. Report to the Office of the Attorney General for the Province of New Brunswick on the Review of the Final Report of the Select Committee on Public Automobile Insurance. Prepared by: Brian G. Pelly, Fellow, Canadian Institute of Actuaries, Eckler Partners Ltd., 306. By Hon. E. Robichaud, Healthy Futures: Securing New Brunswick’s Health Care System, The Provincial Health Plan, 2004-2008, 263. By Hon. P. Robichaud, “Trans Canada Highway Project, Request for Qualifications for the Design, Construction, Financing, Operation, Maintenance & Rehabilitation of a four-lane highway between Saint-Léonard and Longs Creek,” 108. Request for Proposals, Trans-Canada Highway Project, for the Design, Construction, Financing, Operation, Maintenance, and Rehabilitation of Route 2, between Quebec Border and Longs Creek, and Route 95, 191. By Hon. Mr. Volpé, “Budget Paper, Accounting for Tangible Capital Assets,” 95. Chapter Two of the Report of the Auditor General, 2001, entitled “Indicators of the Province’s Financial Condition” as well as a document entitled “Response to erroneous information about U.S. $500 Million bond issue,” 109. Main Estimates for the fiscal year ending March 31, 2005, 117. Government of New Brunswick Workforce Profile, 117. E Election of Speaker, Lieutenant-Governor advised Members to proceed to choose Speaker, 2. Clerk declared Bev Harrison elected Speaker, 2. Speaker returned humble acknowledgments to Assembly, 3. Speaker presented himself for approval, 5. xviii INDEX

Election Returns, Returns of the general election held June 9, 2003, 8. Returns (By-election) of votes polled in the electoral district of Shediac—Cap-Pelé held October 4, 2004, 321. Estimates, Supplementary Estimates 2002-2003 Volume II, tabled, 94; referred to Committee of Supply, 94. Considered in Committee of Supply, 113. Supplementary Estimates 2003-2004 Volume I, tabled, 94; referred to Committee of Supply, 94. Considered in Committee of Supply, 102. Capital Estimates 2004-2005, tabled, 95; referred to Committee of Supply, 97. Considered in Committee of Supply, 105. Main Estimates for the fiscal year ending March 31, 2005, tabled, 117; referred to Committee of Supply, 117. Considered in Committee of Supply, 185, 190, 193, 196, 198, 204, 207, 209, 211, 215, 216, 222, 226, 229, 230, 235, 236, 247, 251, 255, 259, 263, 267, 270, 273, 276, 279, 282, 285, 290, 294, 298, 302, 309. I Introduction of Guests, 19, 48, 82, 85, 93, 101, 194, 199, 204, 213, 218, 224, 228, 242, 253, 257, 262, 267, 271, 296, 298, 301, 321. L Lieutenant-Governor, Signified Royal Assent to Bills, 58, 111, 174, 199, 254, 261. Signified Royal Assent to Supplementary Appropriations Act 2003-2004 (1), (Bill 27), 253. Signified Royal Assent to Appropriations Act 2004-2005, (Bill 82), 319. Took Chair, 57, 111, 173, 199, 253, 261. Vacated Chair, 58, 112, 174, 199, 254, 261, 363. Prorogation, 362. M Member, new, introduced, 321. Messages from Lieutenant-Governor, Transmitting Supplementary Estimates 2002-2003, Volume II, 94. Transmitting Supplementary Estimates 2003-2004 Volume I, 94. Transmitting Capital Estimates 2004-2005, 95. Transmitting Main Estimates 2004-2005, 117. Transmitting Bill 65, Special Appropriation Act 2004, 293. Motions (Government) for Ordering of the Business of the House, Ordering of the Business of the House, 33, 36, 42, 48, 56, 79, 83, 86, 95, 96, 99, 105, 110, 112, 160, 166, 170, 173, 175, 177, 178, 180, 184, 187, 191, 195, 198, 200, 204, 206, 211, 213, 216, 218, 222, 224, 229, 233, 236, 241, 246, 249, 254, 258, 263, 265, 269, 272, 277, 281, 285, 289, 293, 296, 302, 307, 315, 317. INDEX xix

Motions, That the returns be entered in the Journal, 8, 321. That the speech of Her Honour the Lieutenant-Governor be forthwith taken into consideration, 16. That Cy Richard LeBlanc and Trevor Holder be appointed Deputy Speakers, 17. To appoint certain committees, 29, 30, 31, 32, 40. That the Address in Reply be engrossed, signed by Mr. Speaker, and presented to Her Honour by a Committee, 47. That Hon. Mr. Lord, Mr. Carr and Mr. Williams be the Committee to wait upon Her Honour with the Address and present the same, 47. Fixing the time of adjournment or sitting of the House, 42, 47, 58, 79, 122, 258, 272, 289, 302, 318. That the Select Committee on Wood Supply sit concurrently with the House, 86. That the Supplementary Estimates 2002-2003, Volume II, and the Supplementary Estimates 2003-2004 Volume I, be referred to the Committee of Supply, 94. That the Supply be granted to Her Majesty, 96, 178. That the House does concur with the Committee of Supply in its report and agrees in its resolution that Supply be granted to Her Majesty, 96, 178. That consideration of Estimates in Committee of Supply be added to the Orders of the Day until such time as they are dispatched, 97, 178 That the portion of the speech of Her Honour the Lieutenant-Governor referring to Public Accounts, Estimates and Expenditures be referred to the Committee of Supply, 117; that consideration of the motion on the budgetary policy of the government be resumed on Thursday next and added to the Orders of the Day until such time as it is dispatched, 118. That the Legislative Assembly delegate to the Legislative Administration Committee its authority under the Act with respect to amounts, indemnities, allowances and salaries and with respect to the amendment of Schedule A, 122; notice dispensed, question put, motion carried, 122. That the matter of the leaking of the draft report of the Select Committee on Public Automobile Insurance be referred to the Standing Committee on Privileges, 161. That this House does concur with the Committee of Supply in its report and agrees in its resolution that Supply be granted to Her Majesty, 178. That consideration of Main Estimates 2004-2005 in Committee of Supply be added to the Orders of the Day until such time as they are dispatched, 178. That the membership of certain committees be amended, 184. That the First Report of the Standing Committee on Private Bills be concurred in, 211; Second Report, 232; Third Report, 263; Fourth Report, 292. That the House sit past the ordinary hour of adjournment to continue consideration of the estimates of the Department of Education, 217; Speaker put the question and pursuant to Standing Rule 34(20, five Members having risen in their place, the motion was deemed to have been withdrawn, 217. In Committee of Supply, that the Committee when it reports the estimates of the Department of Health and Wellness, urge the government to delay all bed cuts until a long-term strategy has been implemented, 273; Chairman ruled motion out of order, 274; ruling appealed to Speaker, 275; Speaker upheld ruling of Chairman, 276. That the report of the Committee of Supply for the estimates of the Department of Health and Wellness be concurred in by the House, carried on division, 310. xx INDEX

Motions, Notices of, No. 1 by Mr. S. Graham that the Minister of Finance bring forward a revised economic outlook for New Brunswick and an updated budget forecast within two weeks for the 2003-2004 fiscal year, 20; motion moved, debated and adjourned over, 46; motion withdrawn, 173. No. 2 by Mr. S. Graham that the government immediately establish a Commission on Insurance to study the automobile insurance system, including the feasibility of a public insurance system that would report to the Legislative Assembly within 60 days; and that this Commission review other options to improve the protection of New Brunswick consumers in the area of vehicle, property and public liability insurance, 21; motion withdrawn, 173. No. 3 Mr. S. Graham that the Legislative Assembly endorse the addition of “Accountability” as the sixth principle of the Canada Health Act and encourage other governments to support the addition of this sixth principle, 21; motion moved, 187; debated, amendment moved, debated, sub-amendment moved, 188; debated, sub-amendment negatived, amendment carried, debate resumed on amended motion, 189; question put, amended motion carried, 190. No. 4 by Mr. S. Graham that with regard to nursing home care, that the government review the exemptions allowable to the home-based spouse so as not to force liquidation of assets, 22; motion moved, 200; debated, question put, motion negatived on division, 201. No. 5 by Mr. S. Graham asking the government to examine the feasibility of making an adjustment to the ceiling in the coming year to reflect the above index of inflation in the intervening years; and to consider adopting a policy that would automatically adjust the ceilings for the provincial Prescription Drug Program based on an appropriate index of inflation to prevent bracket creep from imposing hardship on seniors, 22; motion moved, 206; debated, question put, motion negatived, 207. No. 6 by Mr. S. Graham that the government pursue the establishment of a northeastern New Brunswick economic development strategy, in cooperation with the Government of Canada, to develop the region’s economy, 23; motion moved, 213; debated, amendment moved, debated, 214; question put, amendment carried, question put, amended motion carried, 215. No. 7 by Mr. S. Graham urging the Minister of Education to improve ratios in kindergarten to grade three by reducing average class size by one student per year over four years and to improve the student/teacher ratio of resource teachers to students in each school district, 24; motion moved, debated, amendment moved, debated, question put, amendment carried, question put, 225; amended motion carried, 226. No. 8 by Mr. S. Graham that the government implement the recommendations of A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick forthwith and immediately, 24; motion moved, debated, amendment proposed, 233; point of order that the amendment was not in order ruled not well taken, amendment debated, question put, amendment carried, 234; question put, 234; amended motion carried, 235. INDEX xxi

No. 9 by Mr. S. Graham that the government amend the Pay Equity Act to apply to all parts of the public service and pursue an objective of ensuring that the Pay Equity Act applies to the private sector, 24; motion moved, debated, amendment moved, point of order that the amendment was not in order ruled not well taken, amendment debated, question put, amendment carried on division, 249; question put on amended motion, amended motion carried, 251. No. 10 by Mr. S. Graham re tabling the first quarter report on the budget for 2003- 2004 prepared by the Department of Finance, 25; documents filed, 58; motion withdrawn, 218. No. 11 by Mr. S. Graham re tabling all resource materials, notes, printouts and any materials used in the compilation of the actuarial report prepared by Claudette Cantin and Jacqueline Friedland, 25; documents filed, 103; motion withdrawn, 173. No. 12 by Mr. S. Graham re tabling the number of policy holders leaving the Facilities Association since the revision of the automobile insurance underwriting guidelines (Reg. 2003-15) that came into effect on May 1st, 2003, 25; documents filed, 76; motion withdrawn, 173. No. 13 by Mr. Carr that the Legislative Assembly encourage the government to continue to deliver better health care to the people of New Brunswick, 25; motion moved, debated, amendment moved, debated, question put, amendment negatived, question put, motion carried, 196. [Government Motion] No. 14 by Mr. Allaby re tabling the county project allocations to each Transportation District for the current fiscal year, 26; documents filed, 76; motion withdrawn, 218. No. 15 by Mr. Williams that the Legislative Assembly show its support for better health care in New Brunswick by asking the federal government to increase funding by $2 billion in 2003-04, $3 billion in 2004-05, and by 1% per year after that, until the federal share reaches 25% of provincial/ territorial health and social expenditures, 26; motion moved, 218; debated, amendment moved, debated, 219; sub-amendment moved, debated, question put, sub-amendment carried, question put on amended amendment, amended amendment carried, question put on amended motion, 220; amended motion carried, 221. [Government Motion] No. 16 by Mr. Paulin re tabling all capital projects and county projects completed and in progress by the Department of Transportation for regions covered by Madawaska, Restigouche and Gloucester Counties, known as District 1 and 6, since June 21, 1999, including capital and county projects that the Department of Transportation plans to begin in 2003-2004, 27; documents filed, 76; motion withdrawn, 173. No. 17 by Mr. Paulin re tabling the operating plans and operating budgets of the parks administered by the Department of Tourism and Parks and the Department of Natural Resources since June 21, 1999, 27; documents filed, 76; motion withdrawn, 173. No. 18 by Mr. Stiles that the government continue to deliver lower taxes in a prudent and reasonable manner for the people of New Brunswick, 27; motion moved, debated, amendment moved, 242; amendment debated, xxii INDEX

question put, amendment negatived, question put on motion, motion carried, 243. [Government Motion] No. 19 by Mr. Targett re tabling all documents in regard to the land expropriated for the new four-lane highway from Longs Creek to Pokiok including names of property owners, area of lands purchased and amounts paid, 28. No. 20 by Mr. Holder that the government of New Brunswick continue to deliver quality education to the people of New Brunswick, 28. [Government Motion] No. 21 by Mr. Murphy that the government remove Waleed Arif from Centracare and provide appropriate treatment for his condition, 28. No. 22 by Hon. Mr. Green appointing the membership of certain standing and select committees, notice dispensed, motion made, question put, motion carried, 29. [Government Motion] No. 23 by Hon. Mr. Green appointing a Select Committee on Education, notice dispensed, motion made, question put, motion carried, 30. [Government Motion] No. 24 by Hon. Mr. Green appointing a Select Committee on Health Care, 31; notice dispensed, motion made, question put, motion carried, 32. [Government Motion] No. 25 by Hon. Mr. Green that this House appoint a Select Committee on Wood Supply, 32; notice dispensed, motion made, question put, motion carried, 33; Final Report tabled, 321. [Government Motion] No. 26 by Mr. Boudreau that the government direct the Department of Education to hold seminars on how to deal with bullies in every school in the province every school year, 35. No. 27 by Mr. Targett that the government present to this House a comprehensive plan and timeline for the implementation of the commitments of the last election campaign, 36. No. 28 by Mr. Doucet re tabling documents regarding a proposed project for power generation in the area of Belledune, 39; documents filed, 76; motion withdrawn, 173. No. 29 by Mr. Branch that the government abandon its plan to increase the base rate for rural property taxes to cover the entire cost of transportation and policing in unincorporated New Brunswick and abandon its plan to create rural municipal government with another layer of property tax, 40. No. 30 by the Honourable the Premier that this House appoint a Select Committee on Public Automobile Insurance, 40; question put, motion carried, 42. [Government Motion] No. 31 by Mr. S. Graham that, if the New Brunswick automobile insurance rates have not fallen by 20% by October 1, 2003, the House shall be convened October 28, 2003, to implement a public automobile insurance plan, notice dispensed, 49, motion moved, debated, 50; debate ended, question put, motion negatived on division, 50. No. 32 by Mr. Allaby re tabling the dollar amounts, dates awarded and completion dates for the Department of Transportation contracts listed and identified in a certain Schedule, 56; documents filed, 76; motion withdrawn, 173. INDEX xxiii

No. 33 by Mr. Targett re tabling documents that concern private woodlots being given “Primary Source of Supply” status, 56. No. 34 by Mr. Allaby re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Transportation, 69. No. 35 by Mr. S. Graham that the Government bring forward a balanced budget for the current 2003-2004 fiscal year and for the 2004-2005 fiscal year, 69. No. 36 by Mr. S. Graham that the government commit to stable municipal funding and the implementation of a new fiscal partnership with the municipalities within the upcoming year, 70. No. 37 by Mr. MacIntyre re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Health and Wellness, 70. No. 38 by Mr. Landry re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Tourism and Parks, 70. No. 39 by Mr. Haché re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Business New Brunswick, 71. No. 40 by Mr. Armstrong re tabling documents in regard to the 5% spending cuts announced on July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Agriculture, Fisheries and Aquaculture, 71. No. 41 by Ms. Robichaud re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Education, 71. No. 42 by Mr. Albert re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Public Safety, 71. No. 43 by Mr. Jamieson re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Environment and Local Government, 72. No. 44 by Mr. Lamrock re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Finance, 72. No. 45 by Mr. McGinley re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Training and Employment Development, 72. No. 46 by Hon. Mr. Volpé that this House approves in general the capital budgetary policy of the government, notice of 72; unanimous consent to dispense, 95; motion moved, debated, question put, motion carried, 96. [Government Motion] No. 47 by Hon. Mr. Lord recommending that Bernard Richard be appointed Ombudsman effective January 3, 2004, for a term of ten years and expressing appreciation to Ellen Elizabeth King for her years of professional and dedicated service, 73, notice dispensed, motion made, question put, motion carried, 73. [Government Motion] xxiv INDEX

No. 48 by Hon. Mr. Green that the recommendations contained in the First Report of the Standing Committee on Procedure be concurred in by the House, notice dispensed, motion made, debated, amendment proposed, debated, 73; debate resumed, 114; question put, amendment carried; 115; question put on amended motion, motion carried as amended, 115. [Government Motion] No. 49 by Mr. Targett re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Natural Resources, 77. No. 50 by Mr. Burke re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Justice, 77. No. 51 by Mr. Murphy re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Family and Community Services, 77. No. 52 by Mr. Kenny re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Regional Development Corporation, 78; documents filed, 190; motion withdrawn, 218. No. 53 by Mr. Arseneault re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Office of Human Resources, 78. No. 54 by Mr. Arseneault re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Intergovernmental and International Relations, 78. No. 55 by Mr. Brewer re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Supply and Services, 78. No. 56 by Mr. Doucet re tabling documents in regard to the 5% spending cuts announced July 15, 2003, by the Minister of Finance and the subsequent impact on the Department of Energy, 79. No. 57 by Mr. Paulin re tabling all revenues and expenditures for Larry’s Gulch fishing lodge for the 2002-03 fiscal year, 79; documents filed, 103; motion withdrawn, 173. No. 58 by Mr. S. Graham re tabling all documents in regard to estimates of the additional tax revenue–by tax brackets–that will be collected as a result of the income tax measure requiring an amendment to the Income Tax Act announced by the Department of Finance on November 11, 2003, 83; documents filed, 167. No. 59 by Hon. Mr. Green amending the membership of certain standing and select committees, 83. [Government Motion] No. 60 by Mr. S. Graham re tabling documents between the Departments of Finance, Office of the Premier, Office of the Comptroller and NB Power in regard to the currency exchange deal entered into jointly by the New Brunswick Government and NB Power to borrow $500 million in US funds in 2002, 98; documents filed, 167; motion withdrawn, 218. INDEX xxv

No. 61 by Mr. S. Graham that the Government increase funds available to schools to purchase supplies for the classroom as requested by educators themselves, and invest in adequate and appropriate computer technology, 98. No. 62 by Mr. Lamrock re tabling documents related to renovations and cost of renovations to the building where the Department of Family and Community Services is housed in Campbellton at 157 Water Street, 7th floor, 99. No. 63 by Mr. Lamrock re tabling documents pertaining to the trip for France scheduled for November 7 to 13, 2003, including invitations extended to potential participants by the province, 99; documents filed, 167; motion withdrawn, 173. No. 64 by Mr. Lamrock re tabling documents with Transport Canada pertaining to the government’s priorities for Route 11, Route 17 and the third crossing to be constructed at the Canada - United States border at St. Stephen, 99. No. 65 by Hon. Mr. Volpé that this House approves in general the budgetary policy of the government, 99; motion moved, 117; debated, 117, 123, 166, 172, 174, 175, 177; question put, motion carried on division, 177. [Government Motion] No. 66 by Mr. Foran that the government undertake an audit to determine the explicit or implicit agreement in place at the time of the transfer or at any time since regarding the calculation of pension amounts in relation to the dissolution of the Moncton Police Force and the replacement by the RCMP in 1998, 104. No. 67 by Mr. Kenny re tabling all projects submitted to all CEDAs and the Regional Development Corporation under the community economic development fund since April 1, 2003, to December 18, 2003, and the value of each project, 104; documents filed, 167; motion withdrawn, 173. No. 68 by Mr. Lamrock calling upon the Minister of Education to review the current mechanism for funding educational assistance for children with special needs to ensure that every child gets the help needed to succeed, 109. No. 69 by Mr. Lamrock calling upon the Minister of Education to develop an addendum to the Quality Learning Agenda establishing clear goals for the funding, holdings and staffing of school libraries, 109. No. 70 by Mr. Lamrock expressing support for any efforts of the Minister of Transportation to make the Marysville bypass a reality, and urging the Minister to take all reasonable steps to ensure that the province commits funds to the Marysville bypass project in the 2005-2006 Capital Budget, 110; motion withdrawn, 249. No. 71 by Hon. Mr. Volpé that the Assembly ratify and confirm the Agreement to Amend the Comprehensive Integrated Tax Coordination Agreement entered into between the Province of New Brunswick and the Government of Canada and the Provinces of Newfoundland and Labrador and Nova Scotia pursuant to subsection 2(2) of the Harmonized Sales Tax Act, Notice of, 113; unanimous consent to move motion, motion carried, 113. [Government Motion] xxvi INDEX

No. 72 by Hon. Mr. Green that Government and Official Opposition agree to each provide the name of a Member of their respective caucus for the purpose of their entering into a pairing agreement to indicate that they will not take part in any recorded division held during any and all proceedings of the Committees of the Whole House during the life of the Fifty-fifth Legislative Assembly, unanimous consent to move motion, motion debated, question put, motion carried, 116. [Government Motion] No. 73 by Mr. Haché re tabling all documents concerning the February 2 to 5, 2004 mission to Chicago and Atlanta by Premier Lord, Premier Doer, and individuals from the province, 121; documents filed, 176; motion withdrawn, 218. No. 74 by Hon. Mr. Green that the Legislative Assembly delegate to the Legislative Administration Committee its authority under the Act with respect to amounts, indemnities, allowances and salaries and with respect to the amendment of Schedule A, 122; notice dispensed, question put, motion carried, 122. [Government Motion] No. 75 by Mr. Paulin re tabling documents concerning logging and silviculture on Village historique acadien lands from January 1, 2002, to April 6, 2004, 164; documents filed, 205; motion withdrawn, 218. No. 76 by Mr. Paulin re tabling documents to the Department of Natural Resources and/or the Minister of Natural Resources about Mount Carleton Provincial Park from January 1, 2002, to April 6, 2004, 164; documents filed, 205; motion withdrawn, 218. No. 77 by Hon. Mr. Alward that the Legislative Assembly support the principle of allocation decision-making processes being fair, transparent and subject to clear and consistent rules and procedures as contained in the Atlantic Fisheries Policy Framework, and urge the federal government to reaffirm provincial historic shares enshrined in the 2003-2005 Gulf Snow Crab management plan, respect commitments to this province and restore the 2003-2005 New Brunswick allocations, 165; motion moved, 182; debated, 183, 184; question put, motion carried, 185. [Government Motion] No. 78 by Mr. Arseneault re tabling the names of and remuneration received by individuals employed or appointed to a government board or commission since June 10, 2003, 166. No. 79 by Mr. Arseneault re tabling documents regarding the Workforce Adjustment Program as announced in the 2004-2005 Budget, the procedure for determining surplus positions and implementation of said program, 170; documents filed, 205; motion withdrawn, 218. No. 80 by Mr. Doucet re tabling documents between NB Power officials and civil servants and/or government Member regarding the delay in NB Power restructuring from March 1, 2004 to April 13, 2004, 175; documents filed, 205; motion withdrawn, 218. No. 81 by Mr. Arseneault re tabling, by the Office of Human Resources, Monthly and Annual Absenteeism Reports from each government department, including those provided to Deputy Ministers, detailing the average number of sick days taken and the cost to each department and to the Civil Service as a whole, from April 1, 2002, to March 31, 2004, 175; documents filed, 205; motion withdrawn, 218. INDEX xxvii

No. 82 by Mr. Allaby re tabling a description of the changes to snow clearing routes to take effect with the closure of snow sheds included with the Department of Transportation budget for 2004-2005, including pre- change and post-change snowplow assignments, 179; documents filed, 320. No. 83 by Mr. Murphy re tabling documents between the Minister of Family Community Services and regional Family and Community Services offices regarding downsizing or layoffs, capping of funds, restrictions in funding, or budgetary measures taken, since the tabling of the budget, 179; documents filed, 205; motion withdrawn, 218. No. 84 by Mr. S. Graham that the Legislative Assembly urge the government to refer to the Auditor General the matter of auditing the decision-making process at NB Power and within Government with respect to the refurbishment of Coleson Cove, the fuel delivery agreement and the proposed agreement to supply orimulsion to NB Power, unanimous consent to substitute “urge” for “direct,” notice dispensed, 180; motion moved, negatived on division, 181. No. 85 by Mr. Boudreau re tabling documents regarding the minimum/maximum time at school policy under the collective agreement for both the Anglophone and Francophone school systems from January 2002 to present, 194; documents filed, 217; motion withdrawn, 218. No. 86 by Mr. Boudreau re tabling documents relating to the use of PAEs in the budgetary process, 195; documents filed, 217; motion withdrawn, 218. No. 87 by Mr. Boudreau re tabling documents relating to the literacy specialists in both the Anglophone and Francophone school systems since the announcement of the Premier’s Quality Learning Agenda, 198; documents filed, 231. No. 88 by Mr. Boudreau re tabling documents concerning the provincial education Review (school evaluation system) in both the Francophone and Anglophone school systems from the Review’s inception to present, 198; documents filed, 295. No. 89 by Mr. MacIntyre re tabling a list of all positions eliminated in the Department of Health and Wellness and a position of those positions since April 1, 2004, 202; documents filed, 261. No. 90 by Mr. Arseneault re tabling a list of any appointments authorized by the Deputy Minister of the Office of Human Resources under the auspices of sections 15 and/or 16 of the Civil Service Act since June 1, 2003, 202; documents filed, 217; motion withdrawn, 218. No. 91 by Mr. Arseneault re tabling a list of any positions that were vacant in Part I of the Civil Service as of April 1, 2004, 202; documents filed, 268. No. 92 by Mr. S. Graham that the 2.5% wage increase on MLAs base salary be rolled back and that this House urge the Government to establish a Commission charged with determining future rates of remuneration for MLAs, unanimous consent to dispense with notice and move motion denied, 211. No. 93 by Mr. Branch re tabling documents pertaining to Order in Council 2004- 121 dealing with withdrawal of lands from prospecting and staking out for minerals except coal and potash in Bathurst from January 1, 2003 to May 13, 2004, 216; documents filed, 268. xxviii INDEX

No. 94 by Mr. MacIntyre urging the government to release the Health Services Plan immediately, and that the plan be referred to the Select Committee on Health Care with a limited public input timeframe, 224. No. 95 by Mr. Allaby re tabling a copy of the Accountability Framework established under section 7 of the Regional Health Authorities Act, 228; documents filed, 280; documents filed, 284. No. 96 by Mr. Doucet re tabling documents between the Province and Enbridge Gas pertaining to the marketing and distribution of natural gas in New Brunswick from July 1, 1999 to May 18, 2004, 229; documents filed, 256. No. 97 by Mr. Arseneault re tabling the names and remuneration received by individuals employed or who have been appointed to a government board or commission since June 10, 2003, 236. No. 98 by Mr. MacIntyre re tabling documents between Region 7 Miramichi Regional Health Authority and the Department of Health and Wellness regarding the cancellation of the planned methadone clinic for the Miramichi Regional Health Authority since May 1, 2004, 240; documents filed, 291. No. 99 by Mr. Arseneault re tabling the most recent Actuarial Review on the status of the Teachers’ Pension Fund and the Civil Service Pension Fund, 240; documents filed, 268. No 100 by Mr. S. Graham re tabling documents between Mira Properties, Inc. and the Department of Environment and Local Government, the Department of Health and Wellness, the Department of Natural Resources and Energy, and the Culture and Sport Secretariat from March 1, 1999 to present, 245. No. 101 by Mr. S. Graham re tabling documents between Les Entreprises Mapoma Ltée and the Department of the Environment and Local Government, the Department of Health and Wellness, the Department of Natural Resources and Energy, and the Culture and Sport Secretariat, from March 1, 1999 to present, 245. No. 102 by Mr. Arseneault re tabling documents between the government and Atlantic Advantage Promotions Inc. between April 1, 2003, and March 31, 2004, 245; documents filed, 268. No. 103 by Mr. Arseneault re tabling a compilation of monies paid to Bristol Group and its subsidiaries by all government departments since June 21, 1999, 245. No. 104 by Mr. S. Graham re tabling a copy of the amount paid to the Chipman ambulance service and Minto ambulance service for the years 2001-2002, 2002-2003, and 2003-2004, and details of services provided, 246; documents filed, 291. No. 105 by Mr. S. Graham re tabling documents pertaining to any employees who were terminated in Part I of the Department of Health and Wellness who have subsequently been hired on contract by Part III in any of the Regional Health Authorities, 257. No. 106 by Mr. Albert re tabling documents regarding the creation of a compensation fund for the eradication of infectious salmon anemia for the period between July 1, 2001 and June 8, 2004, 257. INDEX xxix

No. 107 by Mr. Albert re tabling documents regarding the creation of a financial compensation program and insurance for the aquaculture industry for the period from July 1, 1999 to June 8, 2004, 257. No. 108 by Mr. Doucet re tabling documents pertaining to consulting services to investigate renewable energy possibilities or to study the impact of renewable energy projects on power rates from January 31, 2003 to June 8, 2004, 258. No. 109 by Mr. Doucet re tabling all addendums to the NB Power document entitle Business Plan and Financial Projection dated March 2001, 258. No. 110 by Mr. Boudreau re tabling documents between November 2002 and June 9, 2004 pertaining to decisions, recommendations and advice made by District Education Council #17; 264; documents filed, 320. No. 111 by Mr. Boudreau re tabling documents between November 2002 and June 9, 2004 pertaining to advice received and decisions made by the Minister of Education pertaining to District Education Council #17; 264; documents filed, 320. No. 112 by Mr. MacIntyre re tabling documents pertaining to the decision to eliminate 298 beds in New Brunswick hospitals and which facilities would have beds eliminated, 269. No. 113 by Mr. MacIntyre re tabling documents regarding John McGarry’s report on support services within the provincial health care system, 271. No. 114 by Mr. MacIntyre re tabling documents regarding Jim Wolstenholme’s report on the population health and its impact on the provincial health care system, 271. No. 115 by Mr. MacIntyre re tabling copies of the Hay Benchmarking Study prepared in conjunction with CIHI for Miramichi Regional Health Authority, Beauséjour Regional Health Authority and Atlantic Health Sciences Health Authority for 2002-2003 and 2003-2004, 272. No. 116 by Mr. MacIntyre re tabling documents regarding Édouard Hendricks’ report on the sustainability of clinical services within the provincial health care system, 272. No. 117 by Mr. Burke re tabling a compilation of how many court appointed lawyers have been paid by Government and the cost, since March 1, 2004, 272. No. 118 by Mr. MacIntyre re tabling documents between Deloitte and Touche and the Department of Health and Wellness pertaining to the production of the draft Provincial Health Plan between January 2002 and June 9, 2004, 277. No. 119 by Mr. Boudreau re tabling documents between the Government and District Education Councils with respect to cuts in hours, teachers’ aides, and school library staff since April 1, 2004, 288. No. 120 by Mr. Jamieson re tabling the Remediation Plan(s) submitted to the Department of Environment and Local Government and related documents with respect to the coastal development undertaken by Gilles and/or Michel LeBlanc on Euclide-Leger Road in Cap-Brûlé, 288; documents filed, 320. xxx INDEX

No. 121 by Mr. Allaby re tabling documents relating to the extension of the Ring Road from Marysville to South Portage (36 kms of highway commonly referred to as the Route 8 bypass), for the period January 1997 to June 2004, 306. No. 122 by Mr. Allaby re tabling statements filed by insurers to the Superintendent of Insurance under the requirements of subsection 79(1) of the Insurance Act for the calendar year 2003, 314. No. 123 by Mr. Allaby re tabling the projections for increases in revenues as a result of Bill 69 (An Act Respecting the Fines for Provincial Offences) broken down by category of fine or offence, 314. No. 124 by Mr. Arseneault re tabling flight logs from the government plane from January 1, 2004, to June 30, 2004, and a breakdown of expenditures arising from the ongoing operation of the government plane from January 1, 2004, to June 30, 2004, 315. No. 125 by Mr. Paulin re tabling financial statements, broken down into amounts spent for specific budget items, for the Hôtel-Dieu de St-Joseph de St- Quentin for the fiscal year 2003-04 and for the current fiscal year to date, 315. O Order, points of, By Mr. Allaby that the Minister of Public Safety limit comments to the principle of the Bill; Deputy Speaker ruled the point well taken, 33; that Hon. Ms. Dubé, the Minister of Education, limit comments to the principle of the Bill; Speaker ruled the point well taken, 33. By Hon. P. Robichaud regarding the relevance of certain comments; Deputy Speaker cautioned Members that debate at second reading should be confined to the principles of the Bill, 37. By Hon. Mr. Steeves regarding the relevance of certain comments; Deputy Speaker cautioned Members, 38. By Mr. Richard regarding the use of props by the Minister of Business New Brunswick; Deputy Speaker ruled the point well taken, 38. By Mr. Richard that Hon. P. Robichaud table a copy of comments attributed to him; Mr. Speaker advised that points of order should not be used as an opportunity to interrupt debate, cautioning Members against abusing the privilege of standing on a point of order to correct information, 38; that the Minister of Finance refer to the Leader of the Opposition by his correct title; Deputy Speaker ruled the point well taken, 46. By Mr. MacIntyre that the comments of the Minister of Intergovernmental and International Relations were not related to the motion; Deputy Speaker ruled the point well taken, 50. By Hon. Mr. Steeves that the comments of the Member for Fredericton-Fort Nashwaak were not related to the motion; Deputy Speaker cautioned Members in this regard, 50. By Mr. Carr that the Member for Fredericton North had made unparliamentary remarks; Chairman undertook to review transcript and report back to the Committee, if necessary, 51. By Mr. Allaby that the Minister of Business New Brunswick refrain from noting the presence or absence of Members; Deputy Speaker ruled the point well taken, 57. By Hon. Ms. Fowlie that the Member for Miramichi Centre had used unparliamentary language; the Member for Miramichi Centre apologized, 57. INDEX xxxi

By Hon. Mr. Green that remarks of the Member for Moncton North were not relevant to the matter under debate; Mr. Speaker asked the Member to keep remarks relevant, 73. By Ms. Weir that the woman who chained herself to the Legislature had been charged and that this matter did not warrant charges, given the tradition of peaceful protesting in New Brunswick; Deputy Speaker ruled the issue was not a point of order but a concern and informed the House that the Office of the Speaker was responsible for security within the precincts, the appropriate authorities had been called to handle the matter, and the Speaker would express his concerns and those of the Assembly regarding the appropriate course of action to resolve the matter, 80. By Hon. Mr. Green that the Member for Saint John Champlain direct his comments through the chair; Deputy Speaker ruled the point well taken, 80. By Hon. Ms. Fowlie that the Member for Moncton North was referring to a Minister in an unparliamentary manner; Deputy Speaker cautioned Members against making personal attacks, 80. By Hon. Mr. Green who requested that the Member for Kings East withdraw the term “deceitful,” which he did, 84. By Hon. Mr. Steeves that the Member for Saint John Lancaster was inappropriately referring to a Member by name and not by constituency; Deputy Speaker ruled the point well taken, 84. By Mr. Paulin that the Member for Oromocto-Gagetown was not speaking to the principal of the Bill; Deputy Speaker reminded all Members that debate should be directed to the principal of Bill 9, 84. By Mr. Lamrock seeking clarification on guidelines for Members’ Statements; Mr. Speaker took the matter under advisement, 85; see Statement by Speaker, 91. By Mr. S. Graham that the Premier had used Congratulatory Messages to criticize; Mr. Speaker stated that he had not reverted to the Order of Congratulatory Messages, 86. By Mr. Lamrock that Ministers were responsible for their departments and that it was improper for a Minister to answer a question by stating that the Minister was relying on the advice of departmental staff; Mr. Speaker ruled that Ministers are not obliged to answer questions; they may take questions under advisement, or they may choose not to answer, 86. By Mr. Branch pursuant to Standing Rule 49 c) that the Member for Kent South had implied that the Member for Nepisiguit was part of a protest in Saint-Sauveur in 1997, 86. Mr. Williams maintained that he did not imply that the Member was part of the government during that period; Mr. Speaker addressed the point of order and advised he would deliver a more detailed ruling, 87. By Mr. Lamrock who took exception to allegations by the Member for Oromocto- Gagetown against the Member for York; Mr. Speaker took the matter under advisement, 87. By Hon. Mr. Green that it was improper for the Member for Nepisiguit to use props in the House; Deputy Speaker ruled the point well taken, 88. By Mr. Stiles that the Member for Nepisiguit was imputing false or unavowed motives to the Minister of Transportation; Deputy Speaker ruled that the matter involved a dispute over fact and it was not the role of the Speaker to resolve such disputes, 88. By Ms. Weir requesting that Mr. Speaker inquire whether any of the protesters outside of the Legislature had been unfairly denied access to the gallery; Mr. Speaker took the matter under advisement, 93. xxxii INDEX

By Hon. E. Robichaud that the questions by the Leader of the Opposition were not related to the estimates under consideration; Chairman reminded Members wide latitude is granted to all Members posing questions in Committee of Supply, 97. By Hon. Mr. Lord that the questions being asked of the Minister of Finance were repetitious and not relevant to the debate; Chairman stated that traditionally during Committee of Supply there were no limits on the number of questions asked nor the length of responses as long as the debate is relevant to the discussion and not repetitious; he cautioned Members to abide by these principles and ruled that there had been repetition and that the same question had been asked of the Minister on several occasions, 97. By Mr. MacIntyre that the Minister of Justice refrain from referring to him personally during debate; Mr. Speaker ruled that no member had been specifically referred to during debate, 100. By Mr. Steeves that Mr. Jamieson referred to the Premier by name; Mr. Deputy Speaker cautioned all Members against the use of proper names of Members in the House, 167. By Mr. Burke that the Member for Dieppe-Memramcook was referring to people outside the Chamber; Mr. Deputy Speaker reminded Members not to comment on the absence of a Member, 176. By Mr. Lamrock that Hon. Mr. Fitch had used unparliamentary language; Hon. Mr. Fitch apologized to the House and withdrew the comment, 179. By Hon. Mr. Green that Mr. Jamieson had suggested that a Member had misled the House; Mr. Jamieson subsequently apologized to the House and withdrew the comment, 181. By Mr. Jamieson that the Minister of Finance was not speaking to the principle of the Bill under consideration; Mr. Speaker reminded all Members to limit debate to the principle of the Bill, 191. By Hon. Mr. Green that the Member for Fredericton-Fort Nashwaak had referred to the Premier by name in an unparliamentary manner; Mr. Speaker cautioned Members to refrain from referring to other Members in a negative or disrespectful manner and asked the Member for Fredericton-Fort Nashwaak to withdraw his comments; Member complied, 194. By several Members re mentioning the absence or presence of members in the House, 219. By Mr. Burke that the Minister of Public Safety withdraw an unparliamentary gesture; Mr. Speaker informed the House that he did not witness such a gesture, but cautioned all Members against the use of unparliamentary language, 222. By Ms. Weir concerning statements made by the Minister of Health and Wellness in relation to the CEO of Region 7 Health Authority and invited the Minister to correct the record re the CEO’s termination; the Minister maintained that the CEO had resigned; Ms. Weir claimed that the Minister lied to the House, 229. By Hon. E. Robichaud that the Member for Saint Harbour used inappropriate words; Mr. Speaker called the Member to order and requested that she withdraw the unparliamentary words; the Member refused; the Member refused two more opportunities to withdraw the remarks; Mr. Speaker ordered, pursuant to Standing Rule 20(1), that the Member withdraw immediately for the remainder of the sitting day; the Member complied, 230. By Hon. P. Robichaud that the Leader of the Opposition had used unparliamentary language; the remarks were withdrawn, 232. By Mr. Lamrock that an amendment proposed to Motion 8 was not in order; Mr. Speaker took the matter under advisement; Mr. Speaker ruled the amendment in order, 234. INDEX xxxiii

By Mr. Lamrock that the Member for Madawaska-la-Vallée had used unparliamentary language; Mr. Deputy Speaker cautioned all Members against the use of unparliamentary language, 234. By Hon. P. Robichaud that the Member for Moncton North had used unparliamentary language; Mr. Deputy Speaker ruled he had heard no such remark and would review Hansard and report to the House if necessary; and cautioned Members against the use of offensive language when referring to one another, 235. By Hon. P. Robichaud that the Member for Moncton North had used disrespectful language when referring to the Minister of Transportation and that the Member withdraw his comment; the Member complied, 236. By Mr. Lamrock requesting that the Minister of Energy table a document from which he had quoted, 240. By Hon. P. Robichaud that the Member for Caraquet had used the term “liar”; Mr. Deputy Speaker requested the Member withdraw the remark, which he did, 246. By Mr. Allaby that the amendment to Motion 9 was not in order; Mr. Deputy Speaker ruled the amendment in order, 250. By Ms. Weir questioning why a Member was permitted to wear a tee-shirt in the House; Mr. Speaker took the matter under advisement, 253. By Mr. Lamrock that Hon. Ms. Dubé had used unparliamentary language during the previous day’s question period by accusing the Member for Bathurst of spreading falsehoods; Mr. Speaker advised that he would review transcript and report to the House if necessary, 263; Speaker ruled that the word, “fausseté”, was not used against a Member but was used to generically describe statements made by the opposition, 266. By Hon. P. Robichaud requesting that the Member for Charlotte withdraw the term “crook”; Speaker takes matter under advisement, 264; Speaker ruled the phase “they sneak around like a bunch of crooks” to be unparliamentary, asked Member to withdraw comment, Member complied, 266. By Hon. Mr. Green that the motion moved by Mr. S. Graham in Committee of Supply for a substantive recommendation to the House was out of order, 273; Chairman ruled point of order well taken as substantive recommendations go beyond the scope of the order of reference of the Committee, which to agree to, reduce or negative the Estimates, 274; Mr. Lamrock appealed the Chairman’s ruling to the Speaker, 274; Speaker took Chair, Committee reported, Mr. Lamrock submitted arguments, 275; Speaker sustained decision of Chair, 275. By Mr. Allaby that the Minister of Education had delivered a Minister’s Statement during Congratulatory Messages; Speaker ruled the Minister’s comments were congratulatory, 288; that the Minister of Environment and Local Government table a document to which she referred during her response to a question; Hon. Mr. Green spoke to point; Speaker ruled that unless documentation is quoted directly, it is not necessary that it be tabled, 288. By. Mr. Landry that documents tabled by the Minister of Justice were provided in English only and that the documents should have also been in French; Mr. Speaker ruled that it is in order to table documents that are received by government in one official language and noted that the translated version of the documents would be provided to Members shortly, 314. P Pages, Introduced for current session, 19, 48, 59, 120, 218, 224. xxxiv INDEX

Petitions, No. 1 by Mr. S. Graham urging the government to address the threat of high insurance rates by reducing rates so that car insurance is “fair,” “affordable,” and “accessible” for all citizens, 19. No. 2 by Mr. Allaby urging the Minister of Tourism and Parks to remove the gate that blocks the road in the Marsh Provincial Park on Grand Manan Island, and to work to plan and carry out appropriate measures for the long term benefit of the marsh, the people, and the natural life, 19. No. 3 by Mr. Doucet on behalf of residents of the St. George area protesting the opening of New Brunswick Liquor Stores on Sunday, 19. No. 4 by Mr. Murphy urging the government to remove Waleed Arif from Centracare, 19. No. 5 by Mr. S. Graham urging the government to reopen the Point Road crossroad from Route 505 to Bedec Road, 35. No. 6 by Mr. Branch urging the government to repair the dangerously unsafe road “chemin des Chalets,” in the Maisonette area, 39. No. 7 by Mr. Branch urging the government to repair Blue Jay Lane in the Middle River area so that it remains passable year round, 39. No. 8 by Mr. Branch urging the government to consider Roland Chiasson’s project, cutting wood with horses, while respecting the fauna and the environment, 39. No. 9 by Mr. Jamieson a petition that concludes that the environmental impact of the Gulf-Operator Ltd., Black River Aggregate Processing plant is unacceptable and recommends that the approval to operate the facility be cancelled, 48. No. 10 by Ms. Weir opposing granting a permit to Bennett Environmental New Brunswick Inc. for an incinerator to burn toxic material and urging the Minister to order an independent environmental assessment and public consultation with the residents of the Chaleur Bay region, 82. No. 11 by Ms. Weir urging the Premier to turn down the Bennett application for a proposed toxic waste incinerator and urging the government to establish legislation to provide communities full environmental assessments and public hearings, 82. No. 12 by Mr. Boudreau a petition signed by citizens of the Tracadie-Sheila area who say no to the installation of an incinerator to burn toxic material and to importing toxic waste from the United States; yes to protecting our health and that of our children; yes to a healthy northern New Brunswick; yes to an independent environmental impact assessment, and who urge the government to take action, 82. No. 13 by Mr. Albert a petition signed by citizens of the Beresford, Petit-Rocher and Point-Vert area who say no to the installation of an incinerator to burn toxic material and to importing toxic waste from the United States; yes to protecting our health and that of our children; yes to a healthy northern New Brunswick; yes to an independent environmental impact assessment, and who urge the government to take action. 82. No. 14 by Mr. Burke a petition signed by concerned citizens who agree that Ritalin is overprescribed in this province, 85. No. 15 by Mr. Boudreau requesting that permanent premises be provided to ensure a healthy learning environment or that students be reintegrated into the Campbellton NBCC campus, for a variety of listed reasons, 93. INDEX xxxv

No. 16 by Mr. Boudreau stating that literacy be the responsibility of a single department; that Literacy New Brunswick Inc. be eliminated; and requesting new facilities for the Community Academic Services Program and a variety of other improvements, 93. No. 17 by Mr. Arseneault requesting financial assistance to repair damage caused to property by the storms of October 15 and November 12, 2003 in the Charlo area, 104. No. 18 by Mr. Burke requesting construction of the Westmorland Street Bridge north side off ramp as a number one government priority, 104. No. 19 by Mr. S. Graham requesting that all assets not be included as part of the Family and Community Services financial assessment to determine a subsidy for the cost of nursing home care for a loved one, 108. No. 20 by Mr. Allaby urging the Minister of Family and Community Services to convert some apartment units in the Deer Island Seniors Complex into assisted living facilities, 108. No. 21 by Mr. Allaby urging the Minister of Tourism and Parks to complete the remaining nine holes of the Herring Cove Golf Course to create an attraction and make Campobello an anchor of growth in the tourism sector, 108. No. 22 by Mr. Foran expressing concern that the Miramichi Youth House may close because of a lack of funding and urging the government to do all in its power to keep funds coming for this purpose, 120. No. 23 by Mr. Stiles signed by citizens of Indian Mountain urging the government to consider the potential risks to the environment of the Northrup Group proposal of the construction and demolition debris disposal site on Route 126, 124. No. 24 by Mr. Stiles urging the government to resolve the existing traffic problems around the TransCanada Highway and Route 112 interchange, 124. No. 25 by Hon. E. Robichaud requesting that the government support the introduction of a public nonprofit automobile insurance system which would be nondiscriminatory, affordable, and reliable for everyone without exception, 124. No. 26 by Mr. Paulin requesting that the government introduce a public insurance system in New Brunswick, 125. No. 27 by Mr. S. Graham requesting that the government make the necessary repairs to roads in the northern and southern parts of the parish, 164. No. 28 by Mr. Brewer promoting the use of old rail beds between Miramichi and Fredericton by all-terrain vehicles, 170. No. 29 by Mr. S. Graham requesting that the government make major repairs to a 5 km section of the Richibucto-Village Road, 191. No. 30 by Ms. Robichaud opposing the policy issued by the members of the advisory committee on the eastern New Brunswick commercial clam fishery regarding clam fishing permits, 194. No. 31 by Mr. Betts urging the government to establish a Cath Lab at the Moncton Hospital, 200. No. 32 by Mr. Kenny opposing the new policy established last year of putting male and female patients in the same hospital room, 200. No. 33 by Mr. Paulin urging the government to rebuild Highway 257 in their community, 200. No. 34 by Hon. Ms. Dubé opposing the proposal by Bennett Environmental to incinerate at Belledune contaminated soil from as far away as Texas and xxxvi INDEX

their opposition to the transportation of such contaminated materials across the province, 210. No. 35 by Mr. Haché urging the government to keep the Jacquet River Maintenance Depot garage open to serve the surrounding area, 224. No. 36 by Mr. Malley urging the government not to close any beds, downgrade any services, jobs or departments in Region 7 Hospital Authority and to maintain the status quo, 228. No. 37 by Mr. Foran urging the government not to close any beds, downgrade any services, jobs or departments in Region 7 Hospital Authority and to maintain the status quo, 228. No. 38 by Ms. Robichaud urging the government not to close any beds, downgrade any services, jobs or departments in Region 7 Hospital Authority and to maintain the status quo, 228. No. 39 by Mr. Brewer urging the government not to close any beds, downgrade any services, jobs or departments in Region 7 Hospital Authority and to maintain the status quo, 228. No. 40 by Mr. Jamieson urging the government to keep the St. Joseph’s Hospital emergency room open, 249. No. 41 by Mr. MacIntyre opposing any closing or downgrading of surgical services at the Charlotte County Hospital, 262. No. 42 by Mr. Foran urging Mr. Malley to vote against any plan to reduce beds and or service at the regional hospital in the Miramichi, 264. No. 43 by Mr. S. Graham urging the government to upgrade and repair the Stothard Road, 271. No. 44 by Hon. Ms. Poirier for the protection of the forests of New Brunswick and expressing opposition to clear cutting and support for select cutting, 301. No. 45 by Ms. Poirier urging that Crown lands be managed via proper forestry practices in order to benefit the people of N.B., 301. No. 46 by Mr. Arseneault opposing the new health plan and the elimination of St. Joseph Hospital, 301. No. 47 by Mr. McGinley expressing strong disapproval of the proposed Industrial Waste Landfill which Irving Pulp and Paper are planning for the Coal Creek Area, 306. No. 48 by Ms. Weir supporting the proposed amendment to the New Brunswick Human Rights Act to include “social condition” as prohibited grounds of discrimination, 314. Privilege, Point or Question of, By Mr. Burke, pursuant to Standing Rule 10, that the comments attributed to him by The Daily Gleaner were untrue, offering an apology to the House if his remarks were offensive, 52. Mr. Malley, the Member for Miramichi Bay-du Vin, rose on a point of privilege and requested an apology from Mr. Burke for remarks allegedly made in Committee of the Whole during the previous day’s sitting. He further requested that the matter be referred to the Standing Committee on Privileges, 52; Mr. Speaker ruled that an item that took place in Committee of the Whole should have been dealt with in Committee; that the member for Fredericton North had apologized; and that this would not be considered a matter of privilege, because it was not impugned to a Member of the House. It would be a matter of order and on a point of order, it could be dealt with. Privilege has to involve something impugned directly to a Member of the House and the apology had been accepted by the Chamber, and the matter dealt with, 52. INDEX xxxvii

By Mr. Branch pursuant to Standing Rule 49 c) that the Member for Kent South had implied that he was part of a protest in Saint-Sauveur in 1997, 86. Mr. Williams maintained that he did not imply that the Member was part of the government during the period the protest took place. Mr. Speaker briefly addressed the House and advised he would deliver a more detailed ruling on Tuesday next, 87. Mr. Speaker informed the House that, in accordance with Standing Rule 9, he had received notice of a question of privilege from the Member for Fundy Isles regarding comments made by the Minister of Finance during the previous day’s question period and of his intention to move the following motion seconded by Mr. Lamrock: THAT the charge against the Minister of Finance of making misleading statements in the House be referred to the Standing Committee on Privilege. Mr. Speaker advised the House that he would deal with the matter in two hours’ time, in accordance with the rules of the House, 108. Mr. Speaker ruled that he had reviewed the transcript of yesterday’s question period, listened to the explanations from both the Member and the Minister opposite, and that the matter involved a disagreement between two members as to facts; notwithstanding the ruling of Speaker Milliken, decisions of previous Speakers, in this House and in other jurisdictions, are consistent if there is a debate over a question of whether something is a fact, it cannot be ascertained by the Speaker, and does not constitute a question of privilege. Mr. Speaker ruled that the member for Fundy Isles had not established a prima facie case of privilege, 112. Mr. Speaker informed the House that, in accordance with Standing Rule 9, he had received notice of Mr. Lamrock’s intention to move: THAT the charge against the Minister of Finance, for anticipating a decision of the House and therefore being in contempt, be referred to the Standing Committee on Privileges, 124; Mr. Speaker took the matter under advisement, 161. Ms. Weir gave notice of her intention to move the following motion: THAT the matter of the leaking of the draft report of the Select Committee on Public Automobile Insurance be referred to the Standing Committee on Privileges. Mr. Speaker advised the House that he would deal with the matter in two hours time, in accordance with the rules of the House, 124; Mr. Speaker ruled that there was a prima facie case that a breach of privilege was committed, and invited Ms. Weir to proceed with her motion, motion carried, 161. Mr. Speaker ruled on the question of privilege raised by the Member for Fredericton- Fort Nashwaak on the previous Friday that a prima facie case of a breach of privilege had not been committed, since the situation described by the Member was not one that obstructed or impeded the House in performing its functions, the government was not anticipating a decision of the House in acting to reduce positions in the civil service, the budget is a general statement outlining the government’s fiscal, social, and economic policies, and the House’s ongoing consideration of the budget in no way precludes the government from continuing to administer the day-to-day affairs of the province, 168. Mr. Lamrock gave notice of his intention to move: THAT the member for Hampton- Belleisle, the Speaker, be suspended until such time as the Standing Committee on Privileges has investigated the allegations that the Speaker has, by acting in a manner inconsistent with the neutrality of his office, breached the privileges of the House; Mr. Deputy Speaker informed the House that the matter would be dealt with two hours hence, 207; Mr. Deputy Speaker ruled that parliamentary authorities are clear—that the actions of the Speaker are not to be criticized in debate, or by and other means, except by way of substantive motion, and that raising questions concerning the Speaker by means of a question of privilege is not in order, 208. xxxviii INDEX

Proclamation, 1. Prorogation, 363. R Recorded Votes, Bills, Bill 3, Construction Labour Mobility Act, debate on motion for second reading adjourned on recorded division, 42. Bill 4, An Act to Amend the Electricity Act, on amendment to discharge order for second reading and refer subject matter to the Standing Committee on Law Amendments, 43; House divided equally, Speaker casts deciding vote in accordance with Standing Rule 14, 44; Speaker ruled that the general principle applied to amendments is that decisions should not be taken except by a majority and that where there is no majority, the main motion should be left in its existing form; on motion to adjourn debate on second reading, 44. Bill 7, An Act to Amend the Insurance Act, debate on motion for second reading adjourned on division, 49. Bill 9, An Act to Amend the Municipal Assistance Act, motion for second reading carried on division, 87; motion that Chairman report Bill as agreed to carried on division, 106; motion for third reading carried on division; 110. Bill 25, An Act to Amend the Legislative Assembly Act, motion to adjourn the debate on second reading carried on division, 100. Bill 26, An Act to Amend the Regional Health Authorities Act, motion to adjourn the debate on second reading carried on division, 101. Bill 39, Fiscal Transparency Act, motion for second reading negatived on division, 171. Bill 42, An Act to Amend the Auditor General Act, motion for second reading negatived on division, 192. Bill 51, Victims of Family Violence Act, motion to adjourn the debate on second reading carried on division, 241. Bill 52, An Act Respecting the Regional Health Authorities Act, motion on second reading negatived on division, 247. Bill 60, An Act to Amend the Youth Assistance Act, motion to adjourn debate on second reading carried on division, 277. Bill 61, An Act to Amend the Coroner’s Act, motion to adjourn debate on second reading carried on division, 281. Bill 63, An Act to Amend the Workers’ Compensation Act, motion to adjourn debate on second reading carried on division, 289. Bill 64, An Act to Amend the Workers’ Compensation Act, motion to adjourn debate on second reading carried on division, 290. Bill 78, An Act to Amend the Insurance Act, motion for third reading carried on division, 316. Bill 82, Appropriations Act 2004-2005, motion for second reading carried on division, 311. Committee of Supply Motions, Motion that there be granted to Her Majesty a sum not exceeding $1,609,634,000 to defray the expenses of the Ordinary Account program allocations, for the Department of Health and Wellness for the fiscal year ending the 31st of March, 2005 adopted on division, 309. INDEX xxxix

On the concurrence of the report of the Committee of Supply for the estimates of the Department of Health and Wellness carried on division, 310. Motions, On Motion 31, 50. On amendment to Motion 5, 152, 162. On Motion 65 [Budget], 177. On Motion 84, 181. On Motion 4, 201. On amendment to Motion 9, 250. Royal Assent, By Lieutenant-Governor, 57, 111, 174, 199, 254, 261. Rulings (Statements by Speaker or Deputy Speaker), Ruled Mr. Allaby’s point re Minister of Public Safety limiting comments to the principle of the Bill well taken, 33. Ruled Mr. Richard’s point re Minister of Business New Brunswick using props well taken, 38. Ruled Mr. Richard’s point of order that the Minister of Finance refer to the Leader of the Opposition by his correct title well taken, 46. Ruled Mr. MacIntyre’s point of order that the comments of the Minister of Intergovernmental and International Relations were not related to the motion under consideration well taken, 50. Ruled Mr. Allaby’s point of order that the Minister of Business New Brunswick refrain from noting the presence or absence of Members well taken, 57. Ruled that the issue of a woman chaining herself to the Legislature earlier during the day was not a point of order but a concern and informed House of Speaker’s responsibility for security within the precincts; Speaker to express his concerns and those of the Assembly regarding the appropriate course of action that should be taken to resolve the matter, re point of order of Ms. Weir; 80. Ruled that Hon. Mr. Green’s point of order that the Member for Saint John Champlain should direct his comments through the chair well taken, 80. Ruled that Hon. Mr. Steeves’ point of order that the Member for Saint John Lancaster was inappropriately referring to a Member by name and not by constituency well taken, 84. Ruled that Ministers are not obliged to answer questions; they may take questions under advisement or choose not to answer re Mr. Lamrock’s point of order that Ministers were responsible for their departments and that it was improper for a Minister to answer a question by stating that the Minister was relying on the advice of departmental staff, 86. Ruled Hon. Mr. Green’s point of order that it was improper for the Member for Nepisiguit to use props in the House well taken, 88. Ruled that Mr. Stiles’ point of order that the Member for Nepisiguit was imputing false or unavowed motives to the Minister of Transportation involved a dispute over facts and the role of the Speaker is not to resolve disputes of fact, 88. Ruled re point of order raised by the Member for Fredericton-Fort Nashwaak that the Standing Rules provide little, if any, guidance for making Members’ Statements and that the guidelines had been established by practices and precedents of the House; he referred Members to a relevant ruling made by Speaker Branch on April 18, 1989, and quoted from pages 833-834 of the Journal of Debates (Hansard). He added that Members’ Statements allow members to put on the public record issues of concern to them or their constituencies and are not to be used for making personal attacks against other members, 91. xl INDEX

Ruled that no member had been specifically referred to re Mr. MacIntyre’s point of order that the Minister of Justice refrain from referring to him personally during debate, 100. Ruled re question of privilege raised by the Member for Fundy Isles that after reviewing the transcript, that the matter involved a disagreement between two Members as to the facts. Similar questions of privilege relating to allegedly inaccurate and misleading responses in question period had been raised many times in the Assembly. Notwithstanding the ruling of Speaker Milliken, decisions of previous Speakers, in this House and in other jurisdictions, are consistent and are similar to one rendered a year or two ago. In short, a debate in the Assembly over a question of whether something is a fact cannot be ascertained by the Speaker, and does not constitute a question of privilege. Mr. Speaker found the Member for Fundy Isles had not established a prima facie case of privilege, 112. Ruled that Mr. Steeves’ point of order that Mr. Jamieson was referring to the Premier by name well taken, 167. Ruled re question of privilege raised by the Member for Fredericton-Fort Nashwaak on the previous Friday that a prima facie case of a breach of privilege had not been committed, since the situation described by the Member was not one that obstructed or impeded the House in performing its functions, the government was not anticipating a decision of the House in acting to reduce positions in the civil service, the budget is a general statement outlining the government’s fiscal, social, and economic policies, and the House’s ongoing consideration of the budget in no way precludes the government from continuing to administer the day-to-day affairs of the province, 168. Ruled that Mr. Burke’s point order that the Member of Dieppe-Memramcook was referring to people outside the House well taken, 176. Ruled that Hon. Mr. Green’s point of order that the Member for Fredericton-Fort Nashwaak had referred to the Premier by name in an unparliamentary manner well taken; Member withdrew remarks, 194. Ruled re question of privilege raised by Mr. Lamrock that parliamentary authorities are clear—that the actions of the Speaker are not to be criticized in debate, or by and other means, except by way of substantive motion, and that raising questions concerning the Speaker by means of a question of privilege is not in order, 208. Ruled re Mr. Burke’s point of order the Minister of Public Safety withdraw an unparliamentary gesture that he had not witnessed such a gesture, but cautioned all Members against the use of unparliamentary language, 222. Ruled that the Member for Saint John Harbour withdraw from the House for the remainder of the sitting re Hon. E. Robichaud’s point of order and following three opportunities afforded to the Member to withdraw her unparliamentary remarks, 230. Ruled that an amendment to Motion 8 was in order re Mr. Lamrock’s point of order, 234. Ruled re Hon. P. Robichaud’s point of order raised the previous day that the Member for Moncton North had used disrespectful language when referring to the Minister of Transportation and that the Member withdraw his comment; the Member complied, 236. Ruled Hon. P. Robichaud’s point or order that the Member for Caraquet had used the term “liar” well taken and requested the Member withdraw the comment, 246. Ruled Mr. Allaby’s point of order that the amendment to Motion 9 was not in order not well taken, 250. Ruled re Mr. Lamrock’s point of order raised regarding Hon. Ms. Dubé’s use of the word “fausseté” was not used against a Member but was used to generically describe statements made by the opposition, 266. INDEX xli

Ruled Hon. P. Robichaud’s point of order regarding use of word “crook” by Member for Charlotte well taken, asked Member to withdraw comment, Member complies, 266. Ruled Mr. Allaby’s point of order that a document referred to by the Minister of Environment and Local Government should be tabled not well taken, since no direct quotation was made, 288. Ruled re Mr. Landry’s point of order that the documents tabled by the Minister of Justice were in English only and should also have been in French, that it is in order to table documents that are received by government in one language only; notes that the translated version of the documents would be provided to Members shortly, 314. S Speaker or Deputy Speaker, Elected, 2. Informs House that he has obtained a copy of the Speech from the Throne, 16. Deputy Speakers appointed, 17. Introduced Pages, 19, 48, 59, 120, 218, 224. Reminded Members of time limits re Members’ Statements, 20. Requested that of all Members abide by the Standing Rules pertaining to Oral Questions, 20. Ruled Mr. Allaby’s point re Minister of Public Safety limiting comments to the principle of the Bill under consideration well taken, 33. Cautioned that debate at second reading be confined to the principle of the Bill re Hon. P. Robichaud’s point of order, 37, 38. Advised that points of order not be used as an opportunity to interrupt debate, 38. Announced that the ordinary time of daily adjournment had arrived, 33, 46, 81, 84, 167. Advised Members to keep congratulatory messages brief, 35. Informed House that Shayne Davies had been made Clerk Assistant and Committee Clerk, 52. Tabled Auditor’s Report on the Accounts of the Auditor General of the Province of New Brunswick for the fiscal year ended 31 March 2003, 67. Cautioned all Members to limit comments to relevant motion re point of order of Hon. Mr. Steeves that comments of the Member for Fredericton-Fort Nashwaak were not related to the motion under consideration, 50. Advised he would review transcript re Mr. Carr’s point of order that the Member for Fredericton North had made unparliamentary remarks, 51. Asked Member for Moncton North to keep remarks relevant re Hon. Mr. Green’s point of order, 73. Ruled re Ms. Weir’s point of order that the woman who chained herself to the Legislature had been charged and submitted that this matter did not warrant charges, given the tradition of peaceful protesting in New Brunswick; Mr. Deputy Speaker ruled that the issue was not a point of order but a concern and informed the House that the Office of the Speaker had responsibility for security within the precincts and the appropriate authorities had been called to handle the matter and the Speaker would express his concerns and those of the Assembly regarding the appropriate course of action that should be taken to resolve the matter, 80. Cautioned against Members making personal attacks re Ms. Fowlie’s point of order that the Member for Moncton North was referring to a Minister in an unparliamentary manner, 80. xlii INDEX

Advised visitors in Gallery they were not permitted to take part in debate, 83. Reminded Members that debate should be directed to the principle of Bill 9, re Mr. Paulin’s point of order that the Member for Oromocto-Gagetown was not speaking to the principle of the Bill, 84. Took under advisement the matter raised by Mr. Lamrock seeking clarification on guidelines for Members’ Statements, 85. Stated that he had not reverted to the Order of Congratulatory Message re Mr. S. Graham’s point of order that the Premier had used Congratulatory Messages to criticize, 86. Called Member for Grand Lake to order for referring to presence or absence of a Member, 86, 219. Addressed Mr. Branch’s point of order pursuant to Standing Rule 49 c) that the Member for Kent South had implied that the Member for Nepisiguit was part of a protest in Saint-Sauveur in 1997, 86; Mr. Williams addresses point; Mr. Speaker advised he will deliver a more detailed ruling, 87. Took under advisement Mr. Lamrock’s exception to allegations made by the Member for Oromocto-Gagetown against the Member for York, 87. Took under advisement Ms. Weir’s point of order inquiring whether any of the protesters outside of the Legislature had been unfairly denied access to the gallery, 93. Reminded Members that wide latitude is granted to all Members posing questions in Committee of Supply, re Hon. E. Robichaud’s point of order that questions by the Leader of the Opposition were not related to the estimates under consideration, 97. Ruled that no member had been specifically referred to during debate re Mr. MacIntyre’s point of order that the Minister of Justice refrain from referring to him personally during debate, 100. Informed House of notice of question of privilege, 108. Briefed Members on recent changes to Standing Rules affecting condolences and messages of sympathy, introduction of guests, congratulatory messages and question period, 120. Cautioned Members regarding personal attacks on Members, 120. Cautioned Mr. MacDonald to keep remarks relevant to the principle of the Bill, 170; interrupted Member citing Standing Rule 19, and recognized Hon. Mr. Volpé, 171. Reminded Members that cell phones, blackberries and other similar devices must be operated in silence in the Chamber, 173. Recognized the Canadian Law Association, New Brunswick Branch, in establishing provincial Law Day to commemorate the Charter of Rights and Freedoms, 179. Recognized 114th anniversary of Sir Pierre-Armand Landry’s becoming the first Acadian judge, 179. Reminded Members to limit debate to the principle of the Bill re Mr. Jamieson’s point of order that the Minister of Finance was not doing so, 181. Cautioned Members to refrain from referring to Members in disrespectful manner, 194. Informed House of successful Student Legislative Seminar, 200. Advised that Motions 89, 90 and 91 would be set over to accommodate Standing Rule requirements, 202. Reminded Members to address questions and answers through the chair, 204. Corrected statement reported in The Daily Gleaner on May 6, 2004, regarding the Leader of the Opposition not conveying personally the reason for his resigning from the committee, 206. Referred Members to Standing Rule 20(1) permitting the Speaker to order any Members whose conduct is grossly disorderly to withdraw immediately from the House during the remainder of the day’s sitting, 214. INDEX xliii

Cautioned Members re unparliamentary language, 222, 235. Advised that when the Speaker stands, Members should discontinue speaking, 236. Requested that Member for Caraquet withdraw remark, 246, 264. Speech from the Throne, At Opening, 2. At Prorogation, 362. Supply, Supplementary Estimates 2002-2003 Volume II, tabled, 94; considered in Committee of Supply, 113. Supplementary Estimates 2003-2004 Volume I, tabled, 94; considered in Committee of Supply, 102. Capital Estimates 2004-2005, tabled, 95; considered in Committee of Supply, 105. Committee of Supply, resolution that supply be granted, 96. Lieutenant-Governor’s message with Main Estimates for the fiscal year ending March 31, 2005, tabled, 117; deemed referred to the Committee of Supply, 117. Committee of Supply, resolution that supply be granted, 178. House resolved into a Committee of Supply to consider Main Estimates 2004-2005, 185, 190, 193, 196, 198, 204, 207, 209, 211, 215, 216, 222, 226, 229, 230, 235, 236, 247, 251, 255, 259, 263, 267, 270, 273, 276, 278, 282, 285, 290, 294, 298, 302, 309. T Tributes, 59, 73, 85, 98, 120, 168, 179, 213, 240, 253, 257, 288. U Unanimous consent (denied), To vary the Orders of the Day, 37, 45. To dispense with notice of Motion 92, 211. To continue sitting past the ordinary hour of adjournment, 217. Unanimous consent (granted), To extend the time allotted for oral questions, 20, 68, 83, 121. To move Motion 22, 29; Motion 23, 30; Motion 24, 31; Motion 25, 32; Motion 30, 40; Motion 31, 49; Motion 47, 72; Motion 48, 73; Motion 59, 86; Motion 72, 115; Motion 74, 122; Motion 84, 180; Motion 7, 225. To continue sitting past the ordinary hour of adjournment or to vary the hours of sitting, 29, 37, 57, 86, 112, 122, 161, 162, 184, 198, 211, 222, 236, 255, 269, 278, 282, 285, 289, 297, 298, 299, 302, 304, 307, 312, 315. To defer second reading of certain Bills, 34, 121. To vary the orders of the day, 34, 45, 48, 86, 95, 105, 112, 117, 166, 173, 175, 218, 226, 259, 265, 272, 281, 289, 296, 302, 309, 312. To stand consideration of Bill 21, 136. To recess the House, 117, 180, 269, 282, 285, 297, 298, 307, 312. To consider certain Bills which had received second reading, in Committee of the Whole during the current sitting, 160, 193, 304, 315. To withdraw certain motions, 173, 218, 249. To amend Motion 84 by deleting the word “direct” and substituting the word “urge”, 180. xliv INDEX

To vary the order of consideration of Private Members’ Motions, 180. To dispense with two hours reserved for Private Members’ Motions, 95, 105, 166, 173, 175, 259, 265, 272, 281, 289, 296, 309. For Hon. E. Robichaud to deliver a ministerial statement, 226. To deem a Minister’s opening statement read into the record, 278, 294, 298, 303. To introduce Bill 82, Appropriations Act 2004-2005, 311. To consider second reading of certain Bills having been introduced and read a first time during the current sitting, 311, 312. To consider certain Bills in Committee of the Whole during this sitting day, 315. To consider third reading of certain Bills having been agreed to in Committee of Whole during the current sitting, 316, 317. Unparliamentary language, 51, 57, 80, 84, 179, 194, 222, 230, 232, 234, 235, 236, 263, 265, 266. V Votes (Recorded or Division), See recorded votes. W Welcomes, 19, 48, 82, 85, 93, 101, 194, 199, 204, 213, 218, 224, 228, 242, 253, 257, 262, 267, 271, 288, 296, 298, 301, 321.