Journal 2004-2005

December 2 Journal of Assembly 1 JOURNALS

of the LEGISLATIVE ASSEMBLY

of the PROVINCE OF NEW BRUNSWICK

SECOND SESSION OF THE FIFTY-FIFTH LEGISLATIVE ASSEMBLY, 2004-2005

THE HONOURABLE HERMÉNÉGILDE CHIASSON LIEUTENANT-GOVERNOR

Fredericton, N.B. Thursday, December 2, 2004.

PROCLAMATION WHEREAS I have proclaimed that the first session of the fifty- fifth Legislative Assembly of this Province be prorogued on the second day of December, 2004, in the forenoon; AND WHEREAS I have thought fit to call the second 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 second day of December, 2004, at 3:00 o’clock in the afternoon.

Given under my hand and the Great Seal of the Province at Fredericton on this 19 day of November, 2004, in the fifty-third year of Her Majesty’s Reign.

BY COMMAND OF THE LIEUTENANT-GOVERNOR Bradley Green, Q.C. Herménégilde Chiasson. Attorney General Lieutenant-Governor. 2 53-54 Elizabeth II, 2004-2005 December 2

This being the day appointed for the opening of the Second 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 Members being present: His Honour, the Lieutenant-Governor was announced and having been bidden to enter, took his seat in the chair upon the Throne and was pleased to open the session with the following speech from the Throne: Mr. Speaker, Honourable Members of the Legislative Assembly, invited guests and all residents of New Brunswick. Welcome to the opening of the Second Session of the 55th Legislative Assembly of the Province of New Brunswick. The cover of this year’s Speech from the Throne features the many faces of New Brunswick. We are a province of increasing diversity, a province in which people of many cultures, aboriginal, French, English and New Canadians, live side by side with each other in harmony. We are united by common values and a desire to build a stronger New Brunswick for all. Recognizing New Brunswickers This Throne Speech begins by recognizing the extraordinary accomplishments of individual New Brunswickers. Since the last Speech from the Throne, we have inducted 17 more New Brunswickers into the Order of New Brunswick. One of my first official acts as lieutenant-governor was the investiture of Corinne Pichette, Claude Gauvin, Ludmila Knezkova- Hussey, Clifton Furrow, Mathieu Duguay, Wallace McCain, and the late K.C. Irving into the Order in October 2003. This past September, I had the privilege of joining with Premier Lord in investing Linna O’Hara, Paul Boucher, Roland Maurice, the Hon. Brenda Robertson, Frederick Moar, Matilda Murdoch, the Hon. Frank McKenna, P.C., Gérard Saint-Cyr and the late Fred Cogswell into the Order. Four New Brunswickers received appointments to the Order of Canada in 2004: Leonard H. Lockhart, Officer; Eldon Hay, Fred Ross and Carolyn McNulty, Members. Congratulations are also extended those New Brunswickers who were members of Canada’s Olympic and Paralympic teams in Athens. We especially salute paralympian David Durepos of New Maryland, who was once again a gold medalist in Wheelchair Basketball, and Jason Dickson of Miramichi, who pitched for the fourth-place Canadian baseball team. December 2 Journal of Assembly 3

We acknowledge the achievement of Rebecca Nicholson of Lower Cape, who was named 2004 Special Olympics Canada Female Athlete of the Year, and the 2004 National Junior Curling Champions from Quispamsis, consisting of team members Ryan Sherrard, Darren Roach, Jared Bezanson, Jason Roach and coach Bob Sherrard. Since the Legislative Assembly last met, a number of notable New Brunswickers have passed away. We have lost former members of this Chamber Rodman Logan of Grand Bay-Westfield and Gerald Merrithew of Saint John. We have also lost Extra-Mural Hospital pioneer Gordon Ferguson of Fredericton. During this year which marks the 400th anniversary of the first French settlement in North America, we have lost three beloved Acadian cultural figures: folklorist Père Anselme Chiasson of Moncton, educator and community leader Adelard Savoie of Moncton and broadcaster, author and teacher Léone Boudreau- Nelson of Riverview. As well, we honour the sacrifice of two brave New Brunswickers, Lt. Chris Saunders of Quispamsis and Sgt. Robert Short of New Maryland, who died tragically in the service of our country since the last Throne Speech. In honour of our fighting men and women, it is fitting that 2005 will be known as “The Year of the Veteran.” Throughout the year, ceremonies and events will commemorate the achievements and sacrifices of veterans and recognize the 60th anniversary of the end of the Second World War. A Stronger New Brunswick for All Your government is dedicated to building a stronger and more prosperous province, to improving the quality of life of all New Brunswickers. Since taking office, your government’s priorities have remained clear: better health and senior care; quality education; job creation; helping those who need help the most; strong, vibrant communities; a cleaner environment; lower taxes; and balanced budgets. This session marks the continuation of the implementation of your government’s platform entitled New Brunswick: Reaching Higher. Going Further, designed to bring greater prosperity to all New Brunswickers. Your government has been working diligently since 1999 to establish fiscal stability and live within its means in order to get the funda- mentals right for socio-economic development and growth. Your government has been pursuing a vision of greater economic success combined with greater social progress for all New Brunswickers. 4 53-54 Elizabeth II, 2004-2005 December 2

Significant results have been achieved on a number of fronts. New Brunswick is leading the country in job growth this year. Our labour force is also growing faster than the national average, while average wage rates are growing at nearly twice the national average. The growth of our labour force also means there are far fewer New Brunswickers needing Employment Insurance and over 15,000 fewer on social assistance since your government took office. New Brunswick has the best small business and third best general corporate income tax rate in the country, while personal income taxes have also been cut by 11 per cent and there are more than 40,000 additional New Brunswickers who do not have to pay provincial income tax. As a result of your government’s efforts to manage smarter, our provincial credit rating has been upgraded and our net debt has been reduced. As well, we are enjoying record investments in health care and education with more doctors and more nurses working throughout New Brunswick and more teachers per student in the classroom. We’ve made real progress. In its desire to maintain a balanced approach, your government is putting forth this Speech from the Throne to achieve greater prosperity for all, from children to seniors, from working families to entrepreneurs, from community volunteers to those in need. While significant progress has been made, your government and the people of New Brunswick want and can do more. The initiatives set out in this Throne Speech will build a stronger New Brunswick for all. A Stronger Economy for Workers and Entrepreneurs Your government will continue to aggressively pursue New Brunswick’s prosperity plan, Greater Opportunity. This plan is helping our province achieve lasting prosperity and greater opportunity for all New Brunswickers in all regions of New Brunswick. Your government’s objective is to make New Brunswick an investment magnet for Canada and a gateway for trade in North America. While all New Brunswickers are affected by global economic forces and industry transitions, some recent events here in New Brunswick remind us of our need to continuously adapt to global change. Over the last year, the Select Committee on Wood Supply conducted hearings which gave New Brunswickers a chance to express their December 2 Journal of Assembly 5 opinions about the management of our Crown forests. As recommended by the Select Committee, your government will establish quantifiable wood supply objectives. Ensuring the forest sector continues to grow and diversify is a key component of your government’s Total Development strategy. Your government will put forward a solid plan for the future of wood supply in New Brunswick and provide sustainable silviculture funding to meet five-year forest management plan objectives and take other measures necessary for the long-term sustainability of our forests. As part of your government’s overall Total Development strategy, the following initiatives will be introduced to promote innovation, resource management and development across a number of sectors: • Amendments to the Fish Processing Act will be brought forward to help processors compete. • Your government will continue to pursue the development of a National Aquatic Animal Health Program to address the rapid expansion of aquaculture in Canada. • Your government will introduce measures to follow up on the recommendations of the New Brunswick Potato Cluster Study. • A Life Science and Bioeconomy strategy will also be released aimed at expanding New Brunswick’s presence in these emerging areas. Your government will increase its support for innovation and research and development in New Brunswick. Your government will continue its unprecedented support for small business with further reductions to small business income taxes. Building strategic infrastructure is one of the four building blocks of the prosperity plan. Your government will announce new investments for infrastructure throughout the province. Specifically, a new initiative for rebuilding rural roads will be launched, with new resources allocated to strengthen these vital ties to rural New Brunswick. As well, your government will continue its support for tourism with new investments in infrastructure and marketing. Reducing red tape is a cornerstone of your government’s prosperity plan. In response to recommendations from the Red Tape Reduction Committee, an enhanced webbased Directory of Services will be launched to provide uniform information and access to government programs, regulations, fees and services. 6 53-54 Elizabeth II, 2004-2005 December 2

Your government will pursue the objective of eliminating the wage gap by adopting an action plan in response to the Wage Gap Roundtable. Your government believes New Brunswick workers should enjoy a safe and healthy working environment. Amendments to the Occupational Health and Safety Act will be made to improve the functioning of Joint Health and Safety Committees and new first aid regulations will be introduced to enhance first aid services in the workplace. A Stronger Education System for Children and Youth A quality education is essential for future growth and prosperity. Your government has a vision of an education and training system that promotes a culture of excellence and high achievement exemplified by innovation and lifelong learning. Your government put forward a 10-year Quality Learning Agenda for Kindergarten to Grade 12 in the spring of 2003 to help realize this goal and vision. Your government will release the final three stepping stones of the Quality Learning Agenda, including early childhood development, post-secondary education and training, and adult and lifelong learning. As the basic foundation for learning, your government will continue to focus on early and adult literacy. Significant steps have been taken to improve academic performance in these areas and progress is being made. To complement this emphasis on literacy, significant action will also be taken to focus on math and science, including new professional development strategies and working with parents by sharing expected outcomes. As your government committed to in Reaching Higher. Going Further, service to postsecondary students will be improved by integrating the provincial student financial assistance program with the federal program. This will mean that, by May 2005, most students will only have to manage one loan instead of two. As well, your government will further enhance support for students through new financial aid initiatives to maintain affordability and access to post-secondary education and will continue to support our universities with increased funding for operations and infrastructure. Your government will restructure New Brunswick’s Community Colleges to better serve students and employers. For example, program delivery will be redesigned from the traditional “school- type” format to one that is “course-based” to ensure it meets the changing needs of students, life-long learners and employers. December 2 Journal of Assembly 7

Your government will also work with post-secondary institutions and municipalities to create a welcoming environment for international students and new immigrants with a view to building awareness of different cultures and diversifying our communities. Stronger Health Care for Seniors and Families Your government’s vision is of a single, integrated, sustainable provincial health care system that is patient-focused and community-based. Its goal is to provide the right health care services in the right way at the right time by the right provider at a cost taxpayers can afford. Earlier this year, your government put in place Healthy Futures, a four-year provincial health plan to secure New Brunswick’s health care system and make it sustainable well into the future. This plan provides for meaningful, enduring change to our health care system that will sustain and improve it not just for today, but for tomorrow as well. High-quality ambulance service is crucial to health care delivery in our province. Your government has taken significant steps to modernize ambulance services and will introduce further measures to enhance these services to maintain a high level of patient care. Other health plan initiatives include: • expanding immunization for children to protect against meningitis, chickenpox, whooping cough and pneumonia, with influenza vaccine for children up to age six provided beginning this year; • establishing methadone clinics in Moncton, Saint John, Fredericton and Miramichi; • expanding dialysis services and the establishment of four new satellite dialysis units to serve rural communities; • creating the New Brunswick Cancer Network to provide co- ordinated, effective services for cancer patients; and • improving cardiac care by strengthening the New Brunswick Heart Centre. The health care system needs to focus not just on taking care of us when we are sick, but also on encouraging us to live healthy lives in the first place. The promotion of wellness is central to the provincial health plan. The investments we make in promoting wellness are an investment in the health and quality of life for all New Brunswickers. As a result, your government will take the next steps in its Wellness Strategy through new investments in prevention and the promotion 8 53-54 Elizabeth II, 2004-2005 December 2 of healthy living. One initiative to improve the wellness of children will be the implementation of a province-wide nutrition policy in New Brunswick’s public schools. Stronger Communities and Services for People Communities are the heart of our province and the heart of our democratic society. Government provides many important services that residents want and need. These range from the day-to-day services used by New Brunswickers to services which help those who need it the most. Your government will adopt a number of measures this session to build stronger communities in New Brunswick and improve services for all New Brunswickers. Your government has made significant investments to improve the quality and affordability of child care in New Brunswick. Through the Quality Improvement Funding Support Program, child care workers are receiving significant increases in wage and bonuses since 2001 and a joint training initiative is increasing the number of trained child care workers in the province. The family income threshold as well as the subsidy rate is also being raised under the Day Care Assistance Program. In this session, your government will announce new investments to build upon these measures and to enhance the wages and benefits of child care workers in New Brunswick. Amendments will be introduced to the Child and Youth Advocate Act which was passed in this House last session. These amendments will clarify the role of the Child and Youth Advocate to ensure that it best meets the needs of New Brunswick children and youth. An Office of the Public Trustee will be established to safeguard those New Brunswickers who have become unable to make important decisions concerning their own health and finances. Your government is committed to improving services to persons with disabilities so they are better able to participate fully in all aspects of life in their communities. Acting on a recommendation of the Disability Framework Working Group, two pilot projects will be undertaken in Fredericton and Edmundston to test new approaches for support delivery to persons with disabilities. Your government believes that social programs should ensure dignified and meaningful lives for those who need assistance, but also to provide the support and resources necessary to enable these individuals to be self-reliant and take responsibility for their own lives. December 2 Journal of Assembly 9

In this session, your government is committed to increasing social assistance rates and enhancing other social assistance benefits, including the fuel supplement benefit, to help those New Brunswickers who need help the most. As part of its ongoing efforts to eliminate barriers to work and to help social assistance recipients to become self-reliant, your government will extend health card benefits for up to a year for those who make the transition from social assistance to work; offer a one-time benefit to assist with specific costs in making the transition to work; give recipients access to a range of training and employment supports and provide postemployment counselling to help those making the transition to stay in the workforce. Building on the success of the Kids Can’t Wait to Have a Family adoption program, which has successfully placed 363 children with new families to date, your government will bring forward amendments to the Family Services and Intercountry Adoption Acts which will modernize the process for international, private and ministerial adoptions. Your government is pleased with the success of the A Better World for Women action plan and will be examining further ways to improve the lives of women and children who have been victims of violence. Following up on the Woman Abuse Protocols which were introduced earlier this year, Child Abuse and Adult Victim of Abuse Protocols will also be launched. Amendments will also be introduced to the Victims Services Act to further improve quality of life and safety for victims of crime. The 911 system is part of your government’s plan to build a safer New Brunswick. It is important for New Brunswickers to have quick access to emergency services, such as fire, police and ambulance services. Enhancements will be made to the operation and the infrastructure of the provincial 911 system. Volunteers make an enormous contribution to improving the quality of life of New Brunswickers. In fact, volunteers make up nearly 90 per cent of our provincial fire service. Skills training is an important cornerstone of your government’s prosperity plan. Your government is committed to continuing to work with volunteer firefighters and the fire service to address issues related to recruitment, training and liability protection. Municipal and regional police forces are a key partner in your government’s efforts to build a safe and secure province. During this legislative session, amendments will be made to the Police Act to 10 53-54 Elizabeth II, 2004-2005 December 2 address concerns these forces have had for many years relating to the current complaints and discipline process. In order to promote more efficient law enforcement, your government will introduce amendments to the Provincial Offences Procedures Act which will allow enforcement officers to issue tickets for minor offences in order to better protect our fish, wildlife and forest resources. New Brunswick has become a true leader in providing services online. This is a key component of the eNB.ca strategy as part of your government’s plan for Embracing Innovation. Your government will put in place an e-justice pilot initiative which will enable certain court proceedings to be conducted via the Internet and an e-laws initiative to develop a fully automated publication system for New Brunswick Statutes. The land registry system will be modernized through the electronic submission of documents, using technology to make it easier to conduct business with government. The success of Family Support Order Services will be built upon through the introduction of new legislation and technology to make this important service more efficient and effective. As part of the government’s commitment to lower auto insurance rates and to make insurance more fair and accessible for New Brunswick motorists, the No Frills policy and the First Chance Driver Discount will be available Jan. 1. New Brunswick’s first-ever Consumer Advocate for Insurance will be appointed and the Graduated Drivers Licence program will be strengthened to assist new drivers in their efforts to be safe drivers for life. Your government believes that economic growth and resource development take place in an environmentally sustainable manner and that decisions taken reflect the shared role of government, business, and individuals as stewards of the environment for the current and future generations. Therefore, your government will move forward with a co-ordinated Greening of Government initiative to ensure the efficient use of energy, the reduction of greenhouse gas emissions and the introduction of environmentally responsible purchasing and operations for provincial departments and agencies. A multi-material stewardship program will also be developed which will require various industries to take responsibility for the life-cycle of their products. Such an approach will place waste management December 2 Journal of Assembly 11 responsibility with those who generate the products, reducing the volume of waste going to landfills and providing further incentives to recycle. Your government will develop an initiative to encourage the clean up of a number of former industrial properties and other contaminated sites, commonly known as “brown fields,” as a means of offering revitalized and environmentally managed properties for future development. This initiative will encourage the purchase and redevelopment of existing properties while minimizing expansion into undeveloped land. As part of its Energy Policy, your government has committed to improving our environment by building opportunities for renewable energy and energy efficiency. Regulations are being developed to require a certain percentage of our electricity supply to come from renewable energy sources and an energy efficiency program is being created to help homeowners, businesses and institutions reduce energy use. These measures will reduce greenhouse gas emissions, encourage the construction of renewable energy facilities and the development of energy efficient products and services. Your government recognizes that municipalities are important partners in the delivery of services to people. Consequently, more funding and a new municipal unconditional grant mechanism will be brought forward as proposed amendments to the Municipal Assistance Act. All municipalities will have predictable and stable funding for planning purposes. In order to help many existing unincorporated communities achieve greater control over their local affairs, and as a first step of implementing the government response to the final report of the Select Committee on Local Governance and Regional Collaboration, your government will pursue a series of legislative and regulatory amendments to make possible the establishment and empowerment of rural communities as a means of local governance. Your government will fulfill another commitment to bring forward amendments to the Assessment Act in order to implement a provincial property tax relief initiative for the non-profit housing sector on qualifying low-income rental housing property. Your government will be introducing a property tax incentive program for approved restorations to designated heritage properties. This will help encourage investment in the rehabilitation and preservation of heritage properties in New Brunswick. 12 53-54 Elizabeth II, 2004-2005 December 2

Your government will table legislation to create a Provincial Capital Commission in order to showcase the historical and cultural richness of our province. As well, government will undertake work on toponomy to deal with the naming of places and geographic features. In this session, your government and all members will consider the report of the Commission on Legislative Democracy. In response to recommendations of the Human Rights Commission, your government will be proposing changes to the Human Rights Act. Stronger Value for Taxpayers Your government will continue its record of strong, prudent financial management and fiscal discipline. Your government is committed to fiscal responsibility and to living within its means. By managing the public purse responsibly, your government can focus government resources on the priorities that matter the most to people while providing stronger value for taxpayers. With that objective in mind, your government will continue to pursue the elimination of waste and duplication and the streamlining of government services and programs to make them more effective and efficient and to ensure they meet the ongoing needs of New Brunswickers. As part of its commitment to fiscal responsibility, your government has met the provisions of the Balanced Budget Act over the 2000-2001 to 2003-2004 period. Your government has turned its attention to meeting its objectives over the current four-year budget cycle. In addition, your government is committed to going beyond existing Balanced Budget Legislation in order to achieve balanced results. During this session, your government will introduce a Fiscal Responsibility Act with more robust and comprehensive fiscal performance measurement tools. Your government will also ensure New Brunswickers continue to enjoy the lowest personal income taxes in Eastern Canada and will provide further personal income tax relief to individuals and working families. During this session, Members of the Legislative Assembly will also be asked to review and approve another balanced budget presented by the Minister of Finance, a Statement of Estimated Revenues and Expenses, and Capital Account appropriations for 2005-2006. December 2 Journal of Assembly 13

Conclusion We are a province of many people and many cultures. We are a province of two official languages that speak in harmony. We all want to pass on to our children and grandchildren a New Brunswick that is more prosperous, healthier, better educated and more compassionate. This year’s Speech from the Throne sets out a focused agenda to make New Brunswick stronger for all. As the legislative session progresses, ministers will provide more details on the initiatives contained in the Speech from the Throne. Additional legislation will also be introduced on other matters. 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.

His Honour then retired from the Chamber. Mr. Speaker resumed the Chair.

Ordered that Hon. Mr. Lord, Premier, have leave to introduce a Bill entitled “An Act to Perpetuate a Certain Ancient Right.” (Bill 1) He accordingly presented the said Bill to the House and the same was received and read a first time.

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

Unanimous consent was granted for Mr. C. LeBlanc, the Member for Dieppe-Memramcook, to address the Assembly from a seat other than his own. On motion of Mr. C. LeBlanc, seconded by Mr. Malley, RESOLVED, that the speech of His Honour the Lieutenant-Governor be forthwith taken into consideration.

Mr. C. LeBlanc, a Member for the electoral district of Dieppe- Memramcook, proposed an Address to His Honour the Lieutenant- Governor in answer to the speech, which he read in his place, and being seconded by Mr. Malley, a Member for the electoral district of Miramichi—Bay-du-Vin, it was handed to the Chair where it was again read and is as follows: 14 53-54 Elizabeth II, 2004-2005 December 2

Fredericton, N.B. December 2, 2004. To His Honour, The Honourable Herménégilde Chiasson, 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. S. Graham, the Leader of the Opposition and the Member for the electoral district of Kent, adjourned over.

And then, 4.30 o’clock p.m., the House adjourned. December 3 Journal of Assembly 15

Friday, December 3, 2004. 10 o’clock a.m. Prayers. Mr. Speaker paid tribute to a former provincial and federal Cabinet Minister, the late Gerald Merrithew, PC MLA for Saint John East (1972- 1974), East Saint John (1974-1984) and PC MP for Saint John (1984-1993).

Mr. S. Graham paid tribute to a former provincial Cabinet Minister and judge, the late Rodman Logan, PC MLA for Saint John (1963- 1967), and Saint John West (1967-1982). Mr. Sherwood joined with the Leader of the Opposition in this regard.

Mr. S. Graham paid tribute to the late Adelard Savoie, a Liberal MLA for Northumberland (1948-1952), and Adjutor Ferguson, Liberal MLA for Gloucester (1967-1974) and Tracadie (1974-1978).

Mr. Speaker introduced the Pages for the session. Returning from last session: Kelly Farish, Kingston, Ontario, Head Page; Sarah Murphy, Rothesay; Ann Lockhart, Bath; Cynthia Jenkins, New Maryland; Sarah Monnon, Smithers, British Columbia; Colin Carruthers, Moncton; Rebecca Clark, Harvey; Alexandra Pope, Douglas; Courtney Bavis, Fredericton; Jean-Paul Blanchard, St. Stephen; Krisjana Buck, Alma. The new Pages are: Daniel Murphy, Rexton; Joëlle Badman, Grand Falls; Julienne Vipond, Fredericton; Pamela Dela Torre, Fredericton; Nicole Badry, Heisler, Alberta.

During Congratulatory Messages, Mr. Speaker interrupted proceedings and reminded Members that this item of Routine Proceedings is not to be used to congratulate government on initiatives.

Mr. Armstrong, Member for Kings East, laid upon the table of the House a petition signed by residents of the province urging the government to cancel the implementation of the current NB Health Education Curriculum for Grades 6, 7, and 8, and to implement an abstinence-based program. (Petition 1)

Mr. Ouellette, Member for Grand Falls Region, laid upon the table of the House a petition signed by residents of Grand Falls requesting that the government maintain the number of beds and health care services at Grand Falls General Hospital. (Petition 2) 16 53-54 Elizabeth II, 2004-2005 December 3

Mr. A. LeBlanc, Member for Saint John Lancaster, laid upon the table of the House a petition signed by residents of the province urging the government to protect children from sexual exploitation by raising the age of sexual consent from 14 to 18. (Petition 3)

Hon. Ms. Blaney paid tribute to the memory of the young women who lost their lives in the Montreal Massacre at l’École polytechnique de Montreal on December 6, 1989.

Prior to Question Period, Mr. Speaker cautioned Members against the use of cell phones, and similar devices, in the Chamber.

It was agreed by unanimous consent to extend the time allotted for Oral Questions by 15 minutes.

The following Bills were introduced and read a first time: By Hon. Mr. Steeves, Bill 2, An Act to Amend the Motor Vehicle Act. By Hon. Mr. Ashfield, Bill 3, An Act to Amend the Crown Lands and Forests Act. Bill 4, An Act to Amend the Fish and Wildlife Act. By Hon. Mr. Green, Bill 5, Queen’s Printer Act. Bill 6, An Act to Amend the Judicature Act. Bill 7, An Act to Amend the Elections Act. By Hon. Ms. Fowlie, Bill 8, An Act to Amend the Assessment and Planning Appeal Board Act. By Mr. T.J. Burke, Bill 9, An Act to Amend the Family Services Act. By Mr. S.Graham, Bill 10, Public Trustee Act. It was agreed by unanimous consent that the second reading of Bills 2 through 10 be deferred until Wednesday, December 8, 2004.

Mr. S. Graham gave Notice of Motion 1 that on Thursday, December 9, 2004, he would move the following resolution, seconded by Mr. Doucet: WHEREAS the CEO of NB Power has indicated that rate hikes exceeding 3% are impending; and December 3 Journal of Assembly 17

WHEREAS NS Power has asked for 13% rate hikes; and WHEREAS the breakup of NB Power is costing rate payers of New Brunswick millions of dollars in extra administration cost; and WHEREAS the government’s mishandling of orimulsion negotiations is costing New Brunswick rate payers hundreds of millions of dollars; and WHEREAS the government has removed public policy goals from its new Electricity Act; BE IT THEREFORE RESOLVED that the Legislature condemn the government for not protecting the interests of the people of New Brunswick with regard to stability of price and continuity of supply of electrical energy.

Mr. S. Graham gave Notice of Motion 2 that on Thursday, December 9, 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, e-mails, correspondence, between the Department of Family and Community Services, the Department of Justice, the Department of Education, the Department of Public Safety and the Premier’s Office related to the establishment of the Office of the Child and Youth Advocate including but not limited to the scope, mandate, limitations, and exclusions from April 2004.

Mr. MacDonald gave Notice of Motion 3 that on Thursday, December 9, 2004, he would move the following resolution, seconded by Mr. Malley: WHEREAS the forest industry is a major contributor to the province’s economy; WHEREAS the industry is a major contributor to jobs and economic activity in many local communities; WHEREAS the Official Opposition has opposed measures to alleviate some of the burdens this important industry has faced; WHEREAS the government of New Brunswick is working diligently with industry stakeholders to sustain and to strengthen this sector of the economy; BE IT THEREFORE RESOLVED that the House support the government’s intention to establish quantifiable wood supply objectives as recommended by the Select Committee on Wood 18 53-54 Elizabeth II, 2004-2005 December 3

Supply and its intention to bring forward a solid wood supply plan and to provide sustainable silviculture funding to meet five-year management plan objectives.

Mr. Allaby gave Notice of Motion 4 that on Thursday, December 9, 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 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. Arseneault gave Notice of Motion 5 that on Thursday, December 9, 2004, he would move the following resolution, seconded by Mr. R. 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 e-mails, correspondence, minutes of meetings between the Department of Intergovernmental and International Relations, the Premier’s Office and/or any other government departments and the Government of Québec regarding the discussions, correspondence or negotiations between the governments of New Brunswick and Québec dealing with improving labour mobility between New Brunswick and Québec.

Mr. Arseneault gave Notice of Motion 6 that on Thursday, December 9, 2004, he would move the following resolution, seconded by Mr. R. 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 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 December 1, 2004.

Mr. Arseneault gave Notice of Motion 7 that on Thursday, December 9, 2004, he would move the following resolution, seconded by Mr. R. Boudreau: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the December 3 Journal of Assembly 19

House all names and remuneration received by any individual who has been employed on a full time, part time, or contract basis, or who has been appointed to a government board or commission, since June 10, 2003.

Mr. MacIntyre gave Notice of Motion 8 that on Thursday, December 9, 2004, he would move the following resolution, seconded by Mr. A. LeBlanc: 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, e-mails, correspondence, regarding any initiative by the Department of Family and Community Services to cover needles and test strips for diabetics who have a low income but not on social assistance and qualify for health care through the Department of Family and Community Services since June 1999.

Mr. Jamieson gave Notice of Motion 9 that on Thursday, December 9, 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 all documents, e-mails, correspondence, between the Department of Health and Wellness and the Department of Environment and Local Government regarding soil and sediment testing in the Belledune area, including but not limited to soil and sediment testing and results for lead, arsenic and cadmium since June 1999.

Before Orders of the Day, Mr. Foran rose pursuant to Standing Order 45(1), to propose that the House do now adjourn for the purpose of considering the following motion relating to matters of urgent public importance in the forestry industry: WHEREAS the forest industry in New Brunswick contributed $1.7 billion to the province’s economy in 2002; WHEREAS 28,000 New Brunswickers are employed in this industry either directly or indirectly; WHEREAS 14 New Brunswick communities depend entirely on forestry operations to survive; WHEREAS the proposed closure of the UPM Kynmeme Kraft Mill in Miramichi will cost 400 jobs in January; 20 53-54 Elizabeth II, 2004-2005 December 3

WHEREAS mill workers in Miramichi are bracing for a strike; WHEREAS the closure of the St.-Anne Nackawick pulp mill has cost 400 jobs; WHEREAS there is clearly a crisis in the cornerstone industry in this province; WHEREAS this government has failed to outline any significant plan or long-term strategy to deal with the challenges in the forest industry; WHEREAS this is the earliest opportunity to raise this important issue in the Legislative Assembly; BE IT THEREFORE RESOLVED that the House condemn the government’s inaction in forestry, and urge the government to cease its inattention to the forest industry; BE IT FURTHER RESOLVED that this Legislature direct the government to immediately restore the $2.9 million that was cut from the silviculture budget in the current fiscal year and to use this level as a base to create a dedicated 10-year silviculture fund for private woodlot owners in order to foster stability and long-term planning. At 12.43 o’clock p.m., Mr. Speaker stated he would take the matter under advisement, declared a recess, and advised that the House would resume at the ringing of the bells. 1.23 o’clock p.m. Mr. Speaker resumed the chair and was pleased to deliver the following ruling regarding Mr. Foran’s earlier request for an emergency debate: Honourable Members: The Member for Miramichi Centre has asked leave to introduce a motion asking for an emergency debate for the purpose of considering urgent and critical matters related to the forestry industry. In accordance with Standing Rule 45(2) which governs requests for emergency debates, I received notice from the Member in the required time frame prior to the opening of the House along with a written statement of the matter proposed to be discussed. I understand that the Leaders of the recognized parties have also received notice and the required documentation. I have had the opportunity to consider the matter proposed for debate. The forest industry in New Brunswick is, of course, of great importance to the economy of our province and to the well being of many New Brunswickers. December 3 Journal of Assembly 21

Further, the closure of the St.-Anne Nackawick pulp mill and the proposed closure of the UPM Kymmene Kraft Mill in Miramichi are of great concern, not only to the many employees that will be out of work, and their families, but also to many other New Brunswickers whose livelihood will be effected either directly or indirectly as a result of the closures. However, in considering whether to set aside the business of the House to consider the proposed motion, I must refer to Standing Rule 45(6), which states: 45(6) In determining whether a matter should have urgent consideration, the Speaker shall have regard to the extent to which it concerns the administrative responsibilities of the government or could come within the scope of ministerial action and also shall have regard to the probability of the matter being brought before the House within a reasonable time by other means. There is no doubt that the very important subject matter of the forest industry in New Brunswick falls under the administrative responsibilities of government. Indeed, it is my understanding that this matter has very much been under consideration by government for some time. However, pursuant to Standing Rule 45(6), I must also have regard to the probability of the matter being brought before the House within a reasonable time by other means. Although the matters raised this morning by the Member for Miramichi Centre are clearly of importance to New Brunswickers, in the opinion of the Chair, the matter proposed for discussion does not satisfy the requirements of Standing Rule 46, in particular, paragraph (a). The matter proposed for discussion does not, in my opinion, relate to a genuine emergency, calling for immediate and urgent consideration. Furthermore, I do not agree with the Opposition House Leader’s contention that the matter can not be raised within a reasonable time by any other means. In view of the fact that this is an important matter, Members should be aware that other avenues are available by which a substantive motion to this effect might be introduced and brought before the House within a reasonable time, such as by introducing a Private Member’s Motion with due notice. Although not directly related to the question of whether this matter qualified as an emergency debate, I must note that the motion proposed by the Member for Miramichi Centre this morning would 22 53-54 Elizabeth II, 2004-2005 December 3 have the effect of directing the government to restore certain funds that were purportedly cut from the silviculture budget. A motion which directs the government to do anything is always out of order whether introduced by means of a motion in an emergency debate or by means of a Private Member’s Motion. Similarly, a motion calling for an expenditure of public funds is always out of order pursuant to the provisions of Standing Rule 107 and sections 54 and 90 of the Constitution Act , 1867, if it has not been first recommended by Message of the Lieutenant-Governor. A Private Member’s Motion which urges or asks the government to consider the feasibility of restoring the funds would be acceptable.

The Member for Fredericton-Fort Nashwaak requested the unanimous consent for the House to now take up the motion proposed by Mr. Foran for an emergency debate and unanimous consent was denied.

And then, 1.28 o’clock p.m., the House adjourned. December 7 Journal of Assembly 23

Tuesday, December 7, 2004. 1 o’clock p.m. Prayers. The Order of the Day being read that the House proceed to take into further consideration the proposed Address in answer to His Honour’s speech at the opening of the session, The Assembly resumed the adjourned debate on the proposed motion of Mr. C. LeBlanc, seconded by Mr. Malley: THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. December 2, 2004. To His Honour, The Honourable Herménégilde Chiasson, 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 Mr. Holder, the further consideration thereof was adjourned over.

And then, 2.07 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: Members’ Public Disclosure Statements filed pursuant to section 20(7) of the Members’ Conflict of Interest Act December 6, 2004 24 53-54 Elizabeth II, 2004-2005 December 8

Wednesday, December 8, 2004. 10 o’clock a.m. Prayers. Mr. Sherwood, Member for Grand Bay-Westfield, laid upon the table of the House a petition urging the government to reject Bill 55, Restricted Dogs Act, and actively pursue legislation that would render owners liable for the action of their pets, such as a good nonbreed- specific dangerous dog law. (Petition 4)

Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition signed by residents of Restigouche who urge the government to increase to 15 from 5, the number of trout that can be caught in New Brunswick watercourses. (Petition 5)

During Statements by Ministers, Mr. Malley stood on a point of order and submitted that Mr. S. Graham, the Leader of the Opposition, was entering into debate and, pursuant to Standing Rule 40(2), comments in reply to a Minister’s Statement, should be brief. Mr. Speaker ruled the point well taken and reminded Members that Ministers’ Statements and comments in reply should be brief.

Mr. Lamrock gave Notice of Motion 10 that on Thursday, December 16, 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 all requests for bridge financing, short-term loans, financial advances and permission to borrow funds made by a Regional Health Authority to the Department of Finance or the Department of Health and Wellness from March 31, 2004, onward.

Mr. Lamrock gave Notice of Motion 11 that on Thursday, December 16, 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 all financial updates and financial statements provided to the Department of Finance or the Department of Health and Wellness by any Regional Health Authority from March 31, 2004, onward. December 8 Journal of Assembly 25

Mr. Lamrock gave Notice of Motion 12 that on Thursday, December 16, 2004, he would move the following resolution, seconded by Mr. V. 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 invoices, contracts, letters of engagement, and payments pertaining to media training, public speaking training, or analoghous services provided by a private source to ministers, and ministers’ executive assistants, from March 31, 2004, onward.

Mr. Lamrock gave Notice of Motion 13 that on Thursday, December 16, 2004, he would move the following resolution, seconded by Mr. R. 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 lease agreements and all correspondence related to renovations and cost of all renovations done to the building where the Department of Family and Community Services is housed in their Campbellton office, 157 Water Street, 7th floor.

Mr. Murphy gave Notice of Motion 14 that on Thursday, December 16, 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 all documents, correspondence, e-mails, and reports pertaining to the economic unit policy in New Brunswick.

Mr. Targett gave Notice of Motion 15 that on Thursday, December 16, 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 documents, correspondence, e-mails and/or reports regarding the Ste. Anne Nackawic Pulp Company’s employee pension funds with any and all government departments including but not limited to the Department of Training and Employment Development, the Department of Natural Resources, Business New Brunswick, the Department of Finance, the Department of Justice and the Premier’s Office since June 1999. 26 53-54 Elizabeth II, 2004-2005 December 8

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

The Order being read for second reading of Bill 2, An Act to Amend the Motor Vehicle 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. And the debate being ended and the question being put that Bill 2 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 2, An Act to Amend the Motor Vehicle 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 3, An Act to Amend the Crown Lands and Forests Act, a debate arose thereon. And the debate being ended and the question being put that Bill 3 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 3, An Act to Amend the Crown Lands and Forests 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 4, 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 4 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 4, 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 5, Queen’s Printer Act, a debate arose thereon. And the debate being ended and the question being put that Bill 5 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 5, Queen’s Printer Act, was read a second time and ordered referred to the Committee of the Whole House. December 8 Journal of Assembly 27

The Order being read for second reading of Bill 6, An Act to Amend the Judicature Act, a debate arose thereon. And the debate being ended and the question being put that Bill 6 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 6, An Act to Amend the Judicature 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 7, An Act to Amend the Elections Act, a debate arose thereon. And the debate being ended and the question being put that Bill 7 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 7, An Act to Amend the 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 8, An Act to Amend the Assessment and Planning Appeal Board 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 Assessment and Planning Appeal Board 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 9, An Act to Amend the Family Services Act, a debate arose thereon. And then, 12.30 o’clock p.m., Mr. Speaker left the chair to resume at 2 o’clock p.m. 2 o’clock p.m. Mr. Speaker resumed the chair. Debate resumed on the motion that Bill 9 be now read a second time. And the debate being ended and the question being put, it was resolved in the affirmative. Accordingly, Bill 9, An Act to Amend the Family Services Act, was read a second time and ordered referred to the Committee of the Whole House. 28 53-54 Elizabeth II, 2004-2005 December 8

The Order being read for second reading of Bill 10, Public Trustee Act, 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, Public Trustee Act, was read a second time and ordered referred to the Committee of the Whole House.

The Assembly resumed the adjourned debate on the proposed motion of Mr. C. LeBlanc, seconded by Mr. Malley: THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. December 2, 2004. To His Honour, The Honourable Herménégilde Chiasson, 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. 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. P. Robichaud rose on a point of order and requested that the Member for Nigadoo-Chaleur withdraw the unparliamentary term “corrupt,” which he did. And the debate continuing, On motion of Hon. Ms. Dubé, the further consideration thereof was adjourned over.

And then, 6 o’clock p.m., the House adjourned. December 9 Journal of Assembly 29

Thursday, December 9, 2004. 1 o’clock p.m. Prayers. Hon. Mr. Lord, the Premier, introduced Daniel J. Jouanneau, the Ambassador of France in Canada and Mrs. Jouanneau, and Michel Freymuth, the Consul General of France for the Atlantic Provinces.

Mr. Betts, Member for Moncton Crescent, laid upon the table of the House a petition requesting the exclusion of certain stated breeds, section 6(1), and section 6(2), from the proposed Bill 55, Restricted Dogs Act. (Petition 6)

Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition signed by residents of Restigouche-Madawaska Counties praying that the government have a clear vision and policy to guarantee the future of the New Brunswick forest resource which is in a precarious position. (Petition 7)

Mr. Doucet, Member for Charlotte, laid upon the table of the House a petition signed by interested citizens urging the government to construct a Youth Recreation Facility in St. George, N.B. (Petition 8)

During Statements by Members, Mr. Speaker cautioned Members that statements are not to include direct attacks on any Member of the House.

The following Bills were introduced and read a first time: By Hon. Ms. Fowlie, Bill 11, An Act Respecting Rural Communities. By Hon. Ms. Blaney, Bill 12, An Act to Amend An Act to Amend the Human Rights Act. By Hon. Mr. Volpé, Bill 13, An Act to Amend the Municipal Assistance Act. Bill 14, An Act to Amend the Assessment Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. S. Graham gave Notice of Motion 16 that on Thursday, December 16, 2004, he would move the following resolution, seconded by Mr. Jamieson: 30 53-54 Elizabeth II, 2004-2005 December 9

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 full details of the Molson brewery deal including, but not limited to, the cost/benefit analysis, research on the possible impacts of the subsidy on local brewers, and the total amount of first receipt fees that NB Liquor will forgo under this deal.

Mr. S. Graham gave Notice of Motion 17 that on Thursday, December 16, 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 the aggregate amounts of the first receipt fees charges by NB Liquor on all Molson products by product line for the 2003-04 fiscal year.

Mr. S. Graham gave Notice of Motion 18 that on Thursday, December 16, 2004, he would move the following resolution, seconded by Mr. A. LeBlanc: 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 between the Executive Council of the Province of New Brunswick and the Executive Council of the Province of Quebec concerning the interprovincial trade of beer since January 1, 2004.

Mr. Williams gave Notice of Motion 19 that on Thursday, December 16, 2004, he would move the following resolution, seconded by Mr. C. LeBlanc: WHEREAS the Governor General of Canada issued a Royal Proclamation on December 10, 2003 designating July 28 as A Day of Commemoration of the Great Upheaval; WHEREAS, in 2004, Acadia is celebrating the 400th anniversary of its founding; WHEREAS Acadia will commemorate, in 2005, the 250th anniversary of the Great Upheaval; WHEREAS the Acadian people have been contributing for 400 years to the economic, cultural, and social vitality of New Brunswick and Canada; December 9 Journal of Assembly 31

WHEREAS it is in the interest of all New Brunswickers to become better acquainted with the rich historical and cultural heritage of the Acadians; WHEREAS the New Brunswick government supported efforts leading to the issuing of the Royal Proclamation; BE IT THEREFORE RESOLVED that the Legislative Assembly recognize the suffering and the hardships of the Acadians during the Great Upheaval as well as the importance of those events in the history of New Brunswick and of Canada as a whole; and that the Legislative Assembly also recognize the determination of Acadians to forge a better future for themselves.

Hon. Mr. Volpé gave Notice of Motion 20 that on Thursday, December 16, 2004, he would move the following resolution, seconded by Hon. Mr. Lord: THAT this House approves in general the capital budgetary policy of the government.

It was agreed by unanimous consent to dispense with the two hours allotted for Private Members’ Motions.

Hon. Mr. Green, the Government House Leader, announced that it was the intention of government that the House resume the debate on the motion for an Address in Reply to the Speech from the Throne.

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. 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. Betts took the chair as Acting Speaker. And after some time, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And the debate continuing, On motion of Mr. Carr, the further consideration thereof was 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 deemed laid upon the Table of the House, pursuant to Standing Rule 39: Annual Report 2003-2004, Tourism and Parks December 9, 2004 Documents requested in Notices of Motion 2, 5 December 9, 2004 December 10 Journal of Assembly 33

Friday, December 10, 2004. 10 o’clock a.m. Prayers. Mr. Williams, Member for Kent South, laid upon the table of the House a petition signed by members of the Common Front for Social Justice, urging the government to increase income assistance rates and the minimum wage. (Petition 9)

Ms. Robichaud, Member for Miramichi Bay, laid upon the table of the House a petition signed by members of the Common Front for Social Justice, urging the government to increase income assistance rates and the minimum wage. (Petition 10)

Ms. Weir, Member for Saint John Harbour, laid upon the table of the House a petition signed by members of the Common Front for Social Justice, urging the government to increase income assistance rates and the minimum wage. (Petition 11)

Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition signed by residents of the County of Restigouche urging the government to enact pay equity legislation without delay. (Petition 12)

Mr. Doucet gave Notice of Motion 21 that on Thursday, December 16, 2004, he would move the following resolution, seconded by Mr. Jamieson: 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 including but not limited to correspondence, memos, analysis and tenders pertaining to the precipitators and scrubbers at Coleson Cove.

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.

On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud: Resolved, that when the Assembly adjourns on Tuesday, December 14, 2004, it shall stand adjourned until Wednesday, December 15, 2004, at 1 o’clock p.m. 34 53-54 Elizabeth II, 2004-2005 December 10

With leave of the House, Hon. Mr. Green moved, seconded by Mr. Lamrock: (Motion 22) THAT when the Assembly adjourns on Friday, December 17, 2004, it shall stand adjourned until Tuesday, January 4, 2005; THAT, unless otherwise provided by Standing Rule or Special Order of the House, the Legislative Assembly adopt the following 2005 sessional calendar upon resumption of the Second Session of the Fifty-fifth Legislature on January 4, 2005: Tuesday, January 4 to Friday, January 7, inclusive; Tuesday, January 18 to Friday, January 21, inclusive; Wednesday, March 30 to Friday, April 1, inclusive; Tuesday, April 5 to Friday, April 8, inclusive; Tuesday April 12 to Friday, April 15, inclusive; Tuesday, April 26 to Friday, April 29, inclusive; Tuesday, May 3 to Friday, May 6, inclusive; Tuesday, May 10 to Friday, May 13, inclusive; Tuesday, May 24 to Friday, May 27, inclusive; Tuesday, May 31 to Friday, June 3, inclusive; Tuesday, June 7 to Friday, June 10, inclusive; THAT when the Assembly adjourns on Friday, June 10, 2005, it shall stand adjourned until Tuesday, December 6, 2005; 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 any period of 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 the question being put, a debate ensued. And the debate being ended, and the question being put, Motion 22 was carried.

The Order being read for second reading of Bill 11, An Act Respecting Rural Communities, 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 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. Debate resumed on the motion for second reading of Bill 11. 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 Respecting Rural Communities, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 12, An Act to Amend An Act to Amend the Human Rights Act, a debate arose thereon. And the debate being ended and the question being put that Bill 12 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 12, An Act to Amend An Act to Amend the Human Rights 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 13, An Act to Amend the Municipal Assistance Act, a debate arose thereon. 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. Accordingly, Bill 13, An Act to Amend the Municipal Assistance 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 14, An Act to Amend the Assessment Act, a debate arose thereon. And the debate being ended and the question being put that Bill 14 be now read a second time, it was resolved in the affirmative. 36 53-54 Elizabeth II, 2004-2005 December 10

Accordingly, Bill 14, An Act to Amend the Assessment Act, was read a second time and ordered referred to the Committee of the Whole House.

The Assembly resumed the adjourned debate on the proposed motion of Mr. C. LeBlanc, seconded by Mr. Malley: THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. December 2, 2004. To His Honour, The Honourable Herménégilde Chiasson, 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 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. Holder, the Deputy Speaker, resumed the chair. And the debate continuing, On motion of Mr. McGinley, the further consideration thereof was adjourned over.

Hon. Mr. Green expressed the condolences of all Members of the House to Hon. Mr. Mesheau on the sudden death of his mother, Mrs. Edith Cavell Mesheau.

And then, 4.30 o’clock p.m., the House adjourned. December 14 Journal of Assembly 37

Tuesday, December 14, 2004. 1 o’clock p.m. Prayers. The following Bills were introduced and read a first time: By Hon. Ms. Blaney, Bill 15, An Act to Amend the Pension Benefits Act. By Mr. S. Graham, Bill 16, Pensions Benefits Guarantee Fund Act. Ordered that the said Bills be read a second time at the next sitting.

It was agreed by unanimous consent that the second reading of Bills 15 and 16 be deferred until Thursday, December 16, 2004.

With leave of the House to dispense with Notice, Hon. Mr. Green moved the following resolution, seconded by Hon. Mr. Lord: (Motion 23) WHEREAS subsection 2(2) of the Consumer Advocate for Insurance Act provides that a Consumer Advocate shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly; and WHEREAS Mr. Ronald Godin possesses the proper qualifications and experience to successfully discharge the duties of the Consumer Advocate for Insurance; BE IT THEREFORE RESOLVED that the Legislative Assembly recommend to the Lieutenant-Governor in Council that Ronald Godin be appointed the Consumer Advocate for Insurance for a term of ten years. And the question being put, it was resolved in the affirmative.

It was agreed by unanimous consent to dispense with the two hours allotted for Private Members’ Motions.

Hon. Mr. Green, the Government House Leader, announced that it was the intention of government that the House resume the debate on the motion for an Address in Reply to the Speech from the Throne. 38 53-54 Elizabeth II, 2004-2005 December 14

The Assembly resumed the adjourned debate on the proposed motion of Mr. C. LeBlanc, seconded by Mr. Malley: THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. December 2, 2004. To His Honour, The Honourable Herménégilde Chiasson, 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 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 continuing, On motion of Hon. Mr. Green, on behalf of the Honourable the Premier, the debate was adjourned over.

And then, 6 o’clock p.m., the House adjourned. December 15 Journal of Assembly 39

Wednesday, December 15, 2004. 1 o’clock p.m. Prayers. The Assembly resumed the adjourned debate on the proposed motion of Mr. C. LeBlanc, seconded by Mr. Malley: THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. December 2, 2004. To His Honour, The Honourable Herménégilde Chiasson, 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 His Honour by a Committee of the House. Ordered that Hon. Mr. Lord, Mr. C. LeBlanc and Mr. Malley be the Committee to wait upon His Honour with the Address and present the same.

And then, 2.04 o’clock p.m., the House adjourned. 40 53-54 Elizabeth II, 2004-2005 December 16

Thursday, December 16, 2004. 1 o’clock p.m. Prayers. During Introduction of Guests, Mr. Speaker reminded Members to remain strictly on this item of business and to reserve congratulatory statements to the appropriate item of routine business.

Mr. Carr from the Standing Committee on Law Amendments presented the First Report of the Committee, which was read and is as follows: December 16, 2004. To The Honourable The Legislative Assembly of The Province of New Brunswick. Mr. Speaker: I have the pleasure to present herewith the First Report of the Standing Committee on Law Amendments for the Session. The Report is the result of your Committee’s deliberations on Bill 55, Restricted Dogs Act, which was introduced in the Legislative Assembly during the previous session of the Legislature and referred to your Committee for its consideration. The Report outlines your Committee’s recommendations with respect to the issue of legislating certain restrictions on the owners of specific breeds of dogs in the Province of New Brunswick. On behalf of the Committee, I wish to thank the many presenters who appeared at the public hearing and those individuals and groups who submitted written briefs. In addition, I would like to express my sincere appreciation to the members of the Committee for their contribution in carrying out our mandate. And your Committee begs leave to make a further report. Respectfully submitted, Jody Carr, M.L.A. Chairman. Ordered that the report be received. The full report of the Committee as presented is as follows: December 16 Journal of Assembly 41

December 16, 2004. To The Honourable The Legislative Assembly of The Province of New Brunswick. Mr. Speaker: Your Standing Committee on Law Amendments begs leave to submit this their First Report of the Session. The Committee met in an organizational session on August 6, 2003. On motion of Mr. C. LeBlanc, Mr. Carr was elected Chairman. On motion of Mr. C. LeBlanc, Mr. Betts was elected Vice-Chairman. On May 28, 2004, during the First Session of the Fifty-fifth Legislature, Bill 55, Restricted Dogs Act, was introduced in the Legislative Assembly by Mr. Lamrock, Member for Fredericton - Fort Nashwaak. The proposed legislation would make several changes to the law regarding certain breeds of dogs, namely, Staffordshire Bull Terriers, American Staffordshire Terriers, Rottweilers, and Akitas. The Bill requires owners to have a licence for these dogs, and to carry liability insurance to cover damages caused by them. As well, the Bill holds owners strictly responsible for any injuries caused by these dogs, and requires owners to maintain control of them both on and off their property. Finally, the Bill allows for the seizure of these dogs in specific circumstances. On June 8, 2004, by Resolution of the House, consideration of Bill 55 was referred to the Standing Committee on Law Amendments. This resolution is the order of reference and forms the basis of the Standing Committee on Law Amendments’ First Report to the Second Session of the Fifty-fifth Legislature. On September 17, 2004, your Committee met and determined that members of the public should be invited to provide input and advice to the Committee with respect to issues raised by Bill 55. Public hearings were held on November 16 and 17, 2004 in the Legislative Assembly Chamber. A total of 203 written submissions were received by your Committee, representing kennel clubs, societies for the prevention of cruelty to animals, breed specific clubs and associations, dog breeders, veterinary medical associations, obedience clubs, animal shelters, dog owners, and other concerned individuals and organizations. Your Committee wishes to note that Bill 55 has since died on the Order and Notice Paper as the First Session of the Fifty-fifth Legislature came to an end when the Legislative Assembly was 42 53-54 Elizabeth II, 2004-2005 December 16 prorogued on December 2, 2004. Nonetheless, the mandate of your Committee to review the subject matter of the Bill with respect to the issue of legislating certain restrictions on the owners of specific breeds of dogs remains in effect. Your Committee is pleased to offer its recommendations. Your Committee expresses appreciation to the presenters who appeared at the public hearing and to those individuals and organizations who submitted written briefs. EXECUTIVE SUMMARY Based on the input and advice received during the public consultation process, your Committee believes that responsible dog ownership should be the main purpose of any dangerous dog legislation. While Bill 55 does contain certain provisions that encourage responsible dog ownership, your Committee does not recommend the enactment of Bill 55, as it would place certain restrictions only on specific breeds of dogs. Your Committee believes the focus of any proposed legislation should be on the promotion and education of responsible dog ownership, with a strong commitment to enforcement, and not on the restriction of specific breeds of dogs. Therefore, your Committee recommends that breed specific legislation such as Bill 55, Restricted Dogs Act, not be proceeded with. In the alternative, your Committee recommends that the Legislative Assembly urge the government to consider the advisability of developing province-wide dangerous dog legislation that does not focus on specific breeds of dogs, but rather focuses on education, prevention, responsible dog ownership and commitment to enforcement. SUMMARY OF FINDINGS Your Committee has reviewed the provisions of the Restricted Dogs Act and considered the written submissions received and the presentations made at the public hearings. As a result of its review, your Committee has determined that the following issues should be addressed: Definition of Restricted Dog; Licencing of Restricted Dog Breeds; Liability Insurance; Strict Liability; Care and Control of Restricted Dogs; Seizure of Restricted Dogs; and Public Involvement. Definition of Restricted Dog Your Committee received a number of submissions with respect to the definition of “restricted dog” as contained in Bill 55. The Bill defines a “restricted dog” as “any dog that is certified by, or would be certified upon request of, a veterinarian licensed to practice December 16 Journal of Assembly 43 veterinary medicine in New Brunswick to be primarily of the breed Staffordshire Bull Terrier, American Staffordshire Terrier, Rottweiler, or Akita.” Respondents noted the difficulty in reliably identifying the correct breed of a dog and submitted that there is no reliable method to determine the exact percentage mix of a breed, which may pose a problem when trying to determine if a dog is “primarily” of a breed restricted by Bill 55. In addition, Respondents submitted that restricting dogs solely on the basis of breed fails to recognize that many factors contribute to the aggressive behaviour in dogs, such as inadequate socialization, inadequate training, poor health or injury, abuse or mistreatment, failure to spay or neuter, and inadequate supervision or control. Respondents submitted that by focusing on breed alone in an attempt to reduce aggressive behaviours in dogs, Bill 55 fails to take into consideration the range of factors that can produce aggressive behaviour, or, in the worst cases, unprovoked attacks. Respondents noted that the stereotyping of certain breeds of dogs is unfair and under inclusive as it ignores the existence of other dogs with dangerous tendencies and it ignores the conduct of irresponsible dog owners. In addition, the stereotyping of certain breeds of dogs assumes these breeds are all inherently dangerous, which many Respondents submitted was not accurate. Respondents were of the opinion that any legislation enacted to regulate dangerous dogs or to promote responsible dog ownership should not be breed specific. A dangerous dog should be identified by its own actions or the actions of its owner. Licencing of Restricted Dog Breeds Bill 55 requires all owners of a restricted dog to obtain a licence. Respondents submitted that the licensing of all dog breeds is a necessity and the existing laws with respect to licencing should be better enforced. Respondents noted that municipalities are responsible for the licensing of dogs which often provides for inconsistent enforcement. Respondents suggested a centralized administration of dog licensing with built-in incentives for responsible dog ownership such as a descending fee scale for proof of such factors as purchase from certified breeders, vaccinations, spay or neutering, and obedience training, and, in addition, heavy fines for non-compliance. Respondents also suggested improved licensing and regulation of dog breeders. Liability Insurance Bill 55 requires that owners of restricted dogs carry liability insurance of at least one million dollars for personal injuries caused 44 53-54 Elizabeth II, 2004-2005 December 16 by the restricted dog. Respondents submitted that the focus of any dangerous dog legislation should be on education, prevention and responsible dog ownership, rather than insurance, but did appreciate the necessity of insurance to cover potential damages caused by a dog. However, Respondents submitted that the existing insurance regime with respect to pets may be sufficient, as many Respondents expressed concern over insurance companies taking advantage of dog owners through increased rates. Strict Liability Bill 55 requires that owners of restricted dogs be strictly liable for any personal injury caused by the dog. In addition, the Bill eliminates the defence to a claim for personal injury that the restricted dog had not previously bitten or attacked any person. Respondents were in agreement that the responsibility begins with the owner. Owners who are irresponsible or negligent should not benefit from the excuse that their dog had not exhibited dangerous tendencies in the past. In addition, Respondents were of the opinion that all dog owners should be held accountable for irresponsible ownership and negligence with substantial fines and penalties. Respondents also submitted that the establishment of a central database to record information on dog populations and bite incidents may aid in designating a particular owner’s dog “dangerous” before further harm may occur. As well, the development and delivery of a province wide dog bite prevention program was suggested as a means to reduce the number of bite incidents. Care and Control of Restricted Dogs Bill 55 requires owners of restricted dogs to maintain care and control of the dog both on and off the property. While on the property owners may either keep the dog indoors, outdoors in a fully enclosed pen, or outdoors, muzzled and secured by a chain fixed to the property. While off the property the owner is required to keep the dog under control, muzzled and on a leash. Respondents agreed that dog owners should maintain care and control of their dogs at all times. This can be facilitated through education, the promotion of responsible dog ownership, and the dedicated enforcement of existing laws. However, several Respondents submitted that the requirement of a muzzle unfairly punishes a dog who has not exhibited dangerous tendencies. Respondents were of the opinion that responsible owners should be able to maintain control of their dog without the use of a muzzle. December 16 Journal of Assembly 45

Seizure of Restricted Dogs Bill 55 allows for the seizure of a restricted dog in specific circumstances. Respondents submitted that the proper authorities should be allowed to seize a dog in certain situations, which may already be addressed in existing municipal bylaws. However, Respondents submitted that the current laws were not being consistently enforced and suggested a province-wide approach may lead to better enforcement. Respondents agreed that a dog belonging to irresponsible owners should be subject to the possibility of seizure in abusive or negligent circumstances. Respondents also felt that education and the promotion of responsible dog ownership would lead to reducing the necessity of seizure. Public Involvement As demonstrated by the 203 written submissions received by the Committee, there was an overwhelming interest in this particular subject matter by New Brunswickers. Bill 55 was successful in initiating the debate on how best to prevent serious and fatal dog attacks. While many Respondents strongly believed that any dangerous dog legislation should not be breed specific, they supported the intent of the legislation and looked forward to the opportunity to work with government to best determine the appropriate measures to deal with dangerous dogs and irresponsible dog owners through a provincial dog policy that focuses on education, prevention, responsible dog ownership and commitment to enforcement. RECOMMENDATIONS Your Committee therefore recommends that breed specific legislation such as Bill 55, Restricted Dogs Act, not be proceeded with. Your Committee further recommends that the Legislative Assembly urge the government to consider the advisability of developing province-wide dangerous dog legislation that does not focus on specific breeds of dogs, but rather focuses on education, prevention, responsible dog ownership and commitment to enforcement. CONCLUSION Your Committee gave serious consideration to the advice and input received through the public consultation process. Your Committee believes that any legislation developed to protect the public from dangerous and aggressive dogs must promote the education of dog owners in order to facilitate responsibility and such legislation should encompass a prevention based strategy backed up by consequences. In addition, your Committee believes that such 46 53-54 Elizabeth II, 2004-2005 December 16 legislation needs to be comprehensive, addressing the wide range of factors that contribute to this type of behaviour in both dogs and their owners. As several Respondents stated, an appropriate legislative framework must “consider both ends of the leash”.

Hon. Mr. Volpé, Minister of Finance, laid upon the table of the House the Capital Estimates 2005-2006 and a copy of his speech to be delivered in the House.

Mr. S. Graham gave Notice of Motion 24 that on Thursday, December 23, 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 documents, correspondence, e-mails, and reports pertaining to private pensions in the province of New Brunswick since June 2003.

Mr. Albert gave Notice of Motion 25 that on Thursday, December 23, 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 documents, e-mails, and correspondence between the Minister of Training and Employment Development and the government of Canada concerning seafood processing plant workers, from January 2002 to the present.

Mr. Albert gave Notice of Motion 26 that on Thursday, December 23, 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 documents, e-mails, and correspondence between the province of New Brunswick and the government of Canada concerning the employment insurance program, from June 1999 to the present.

Mr. Doucet gave Notice of Motion 27 that on Thursday, December 23, 2004, he would move the following resolution, seconded by Mr. Lamrock: December 16 Journal of Assembly 47

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, invoices, e-mails, faxes, etc., for out-of- province medical expenses for NB Power employees and executives since September 1, 2002, to present.

Mr. Lamrock gave Notice of Motion 28 that on Thursday, December 23, 2004, he would move the following resolution, seconded by Mr. Allaby: BE IT RESOLVED that this Legislature affirm that a deficit occurs when expenditures in a fiscal year are greater than its revenue.

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, 2004. The Lieutenant-Governor transmits the Capital Estimates for the year ending March 31, 2006, required for the services of the province, not otherwise provided for, for the year ending March 31, 2006, and in accordance with the provisions of the Constitution Act, 1867, recommends these estimates to the House. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

Mr. Speaker advised that the earlier tabling of the Capital Estimates 2005-2006 had not been effected properly.

Hon. Mr. Green, Government House Leader, advised that it was the intention of the government that following second reading, the House would proceed to Private Members’ Motions.

The Order being read for second reading of Bill 15, An Act to Amend the Pension Benefits 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. 48 53-54 Elizabeth II, 2004-2005 December 16

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 the Pension Benefits 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, Pension Benefits Guarantee Fund Act, a debate arose thereon. And after some 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 deemed laid upon the Table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 13 December 14, 2004 Report of the Auditor General of New Brunswick - Volume 2 - 2004 December 14, 2004 Report of the Auditor General of New Brunswick - Highlights - Volume 2 - 2004 December 14, 2004 Annual Report 2003-2004, Regional Health Authority Four December 15, 2004 Annual Report 2003-2004 River Valley Health December 15, 2004 December 17 Journal of Assembly 49

Friday, December 17, 2004. 10 o’clock a.m. Prayers. Mr. Allaby welcomed to the House Mr. Fred Harvey, a former Liberal Member of the Legislature for Carleton (1987-1993).

Hon. Ms. Blaney introduced former Head Page Nick Ouellette who was recently awarded the UNB Alumni Award for Leadership.

Mr. Targett, Member for York, laid upon the table of the House a petition urging the Department of Natural Resources and Energy allow the live trapping of rabbits (varying hare) to continue in the province. (Petition 13)

During Routine Proceedings, Mr. Speaker reminded Members to refer to Members by constituency and to Ministers by portfolio.

The following Bill was introduced and read a first time: By Mr. Doucet, Bill 17, An Act to Amend the Electricity Act. Ordered that the said Bill be read a second time at the next sitting.

It was agreed by unanimous consent that debate on Motion 19 be the first item of business under Orders of the Day.

Hon. Mr. Green, Government House Leader, advised that it was the intention of the government that the House resume the adjourned debate on the motion for second reading of Bill 15, following which, the House would resolve itself into a Committee of the Whole to consider legislation; namely, Bills 8, 13 and 14.

Pursuant to Notice of Motion 19, Mr. Williams, seconded by Mr. C. LeBlanc, moved the following resolution: WHEREAS the Governor General of Canada issued a Royal Proclamation on December 10, 2003 designating July 28 as A Day of Commemoration of the Great Upheaval; WHEREAS, in 2004, Acadia is celebrating the 400th anniversary of its founding; 50 53-54 Elizabeth II, 2004-2005 December 17

WHEREAS Acadia will commemorate, in 2005, the 250th anniversary of the Great Upheaval; WHEREAS the Acadian people have been contributing for 400 years to the economic, cultural, and social vitality of New Brunswick and Canada; WHEREAS it is in the interest of all New Brunswickers to become better acquainted with the rich historical and cultural heritage of the Acadians; WHEREAS the New Brunswick government supported efforts leading to the issuing of the Royal Proclamation; BE IT THEREFORE RESOLVED that the Legislative Assembly recognize the suffering and the hardships of the Acadians during the Great Upheaval as well as the importance of those events in the history of New Brunswick and of Canada as a whole; and that the Legislative Assembly also recognize the determination of Acadians to forge a better future for themselves. Due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And the question being put, a debate ensued. And after some time, Mr. Speaker resumed the chair. It was agreed by unanimous consent to continue sitting past the noon recess in order to conclude debate on Motion 19. And the debate being ended, and the question being put, Motion 19 was carried unanimously.

At 12.45 o’clock p.m., Mr. Speaker left the chair to resume again at 1.20 o’clock p.m. 1.20 o’clock p.m. Mr. Speaker resumed the chair.

Debate was resumed on the motion for second reading of Bill 16, Pension Benefits Guarantee Fund Act. And after some time, Hon. Mrs. Blaney, 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 16, Pension Benefits Guarantee Fund Act, be not now read a second time but that the order for second reading be discharged and the December 17 Journal of Assembly 51 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.

Hon. Mr. Green advised that it was the intention of government to consider Bill 15 in Committee of the Whole, followed by Bills 8, 13 and 14.

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 agreed to as amended: Bill 15, An Act to Amend the Pension Benefits 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.

Hon. Mr. Green advised that, with leave, the House would revert to the Order of Introduction of Bills. Accordingly, the following Bill was introduced and read a first time: By Hon. Ms. Blaney, Bill 18, An Act to Amend An Act to Amend the Human Rights Act. It was agreed by unanimous consent that Bill 18 be read a second time forthwith.

The Order being read for second reading of Bill 18, An Act to Amend An Act to Amend the Human Rights Act, a debate arose thereon. And the debate being ended and the question being put that Bill 18 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 18, An Act to Amend An Act to Amend the Human Rights Act, was read a second time and ordered referred to the Committee of the Whole House. 52 53-54 Elizabeth II, 2004-2005 December 17

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 8, An Act to Amend the Assessment and Planning Appeal Board Act. Bill 13, An Act to Amend the Municipal Assistance Act. Bill 14, An Act to Amend the Assessment Act. Bill 18, An Act to Amend An Act to Amend the Human Rights 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.

It was agreed by unanimous consent that Bills 8, 13, 14, 15 and 18 be read a third time forthwith.

The following Bills were read a third time: Bill 8, An Act to Amend the Assessment and Planning Appeal Board Act. Bill 13, An Act to Amend the Municipal Assistance Act. Bill 14, An Act to Amend the Assessment Act. Bill 15, An Act to Amend the Pension Benefits Act. Bill 18, An Act to Amend An Act to Amend the Human Rights Act. Ordered that the said Bills do pass.

At 3.45 o’clock p.m., Mr. Speaker left the chair. 4 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 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. December 17 Journal of Assembly 53

The Clerk Assistant then read the titles of the Bills as follows: Bill 8, An Act to Amend the Assessment and Planning Appeal Board Act. Bill 13, An Act to Amend the Municipal Assistance Act. Bill 14, An Act to Amend the Assessment Act. Bill 15, An Act to Amend the Pension Benefits Act. Bill 18, An Act to Amend An Act to Amend the Human Rights 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.

And then, 4.20 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 Notices of Motion 6, 12, 15, 16, and 18 December 16, 2004 Capital Estimates 2005-2006 (Transmitted by Message of His Honour) December 16, 2004 Capital Budget 2005-2006 Speech December 16, 2004 Annual Report Restigouche Health Authority December 16, 2004 54 53-54 Elizabeth II, 2004-2005 January 4

Tuesday, January 4, 2005. 1 o’clock p.m. Prayers. The Honourable the Premier offered condolences to the victims of the Asian tsunami disaster noting that although these events are happening on the other side of the world, New Brunswickers are joined in this tragedy by their common spirit of humanity. Mr. S. Graham joined with the Premier in this regard.

Ms. Weir extended congratulations to former Chief Justice, the Hon. Stuart Stratton, on the occasion of his pending retirement as New Brunswick’s first Conflict of Interest Commissioner.

Mr. Foran, Member for Miramichi Centre, laid upon the table of the House a petition urging the government to stop the implementation of the new health education curriculum to be taught to Grades 6, 7, and 8. (Petition 14)

Mr. A. LeBlanc, Member for Saint John Lancaster, laid upon the table of the House a petition urging the government to stop the implementation of the new health education curriculum to be taught to Grades 6, 7, and 8. (Petition 15)

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. January 4, 2005. The Lieutenant-Governor transmits the Supplementary Estimates 2003-2004 Volume II and Supplementary Estimates 2004-2005 Volume 1, and in accordance with the provisions of the Constitution Act, 1867, recommends these estimates to the House. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

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 Auditor General of the Province of New Brunswick for the fiscal year ended 31 March 2004. January 4 Journal of Assembly 55

Mr. MacIntyre gave Notice of Motion 29 that on Tuesday, January 11, 2005, 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 statistical data generated from and regarding the Provincial Ambulance Payment Centre in Dalhousie including but not restricted to the number of invoices sent each year, the number of payments received, the number of incidences involving ambulance service classified as urgent or nonurgent, and the number of facility transfers, etc.

Mr. Arseneault gave Notice of Motion 30 that on Tuesday, January 11, 2005, 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 the government of New Brunswick’s Workforce Profile in each category as of June 30, 2004, as well as December 31, 2004.

Mr. Arseneault gave Notice of Motion 31 that on Tuesday, January 11, 2005, 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 the number of civil servants who qualified and received the Workforce Adjustment Program, as of December 31, 2004, within each category: Category 1 (early retirement), Category 2 (bridge to 55), and Category 3 (redeployment or severance), as well as the total cost of the Workforce Adjustment Program per category.

Mr. Jamieson gave Notice of Motion 32 that on Tuesday, January 11, 2005, 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 all documents, e-mails and correspondence from the Department of Environment in regards to environmental infractions committed from June 2003 to present. These documents, e-mails, and correspondence to include the companies involved, the nature of the infraction and the total fine payable. 56 53-54 Elizabeth II, 2004-2005 January 4

Mr. Paulin gave Notice of Motion 33 that on Tuesday, January 11, 2005, 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 documents, e-mails and correspondence between the Department of Natural Resources and Mactaquac Provincial Park for the 2004 calendar year.

Mr. Paulin gave Notice of Motion 34 that on Tuesday, January 11, 2005, 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 documents, e-mails and correspondence between the Department of Natural Resources and Grand Lake Provincial Park for the 2004 calendar year.

Mr. Paulin gave Notice of Motion 35 that on Tuesday, January 11, 2005, 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 documents, e-mails and correspondence between the Department of Tourism and Parks and Sugarloaf Park related to operations.

Mr. Paulin gave Notice of Motion 36 that on Tuesday, January 11, 2005, 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 documents, e-mails, and correspondence exchanged between the Department of Natural Resources and Mount Carleton Provincial Park for the 2004 calendar year.

Mr. Paulin gave Notice of Motion 37 that on Tuesday, January 11, 2005, he would move the following resolution, seconded by Mr. Landry: January 4 Journal of Assembly 57

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, e-mails, and correspondence between the Department of Tourism and Parks and Larry’s Gulch for the 2004 calendar year including the guest list.

Hon. Mr. Green, Government House Leader, advised that it was the intention of the government that following second reading and 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 3 and 4.

The Order being read for second reading of Bill 17, An Act to Amend the Electricity 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 17 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 17, An Act to Amend the Electricity Act, was read a second time and ordered referred to the Committee of the Whole House.

Pursuant to Notice of Motion 1, Mr. S. Graham, seconded by Mr. Doucet, moved the following resolution: WHEREAS the CEO of NB Power has indicated that rate hikes exceeding 3% are impending; and WHEREAS NS Power has asked for 13% rate hikes; and WHEREAS the breakup of NB Power is costing rate payers of New Brunswick millions of dollars in extra administration cost; and WHEREAS the government’s mishandling of orimulsion negotiations is costing New Brunswick rate payers hundreds of millions of dollars; and WHEREAS the government has removed public policy goals from its new Electricity Act; BE IT THEREFORE RESOLVED that the Legislature condemn the government for not protecting the interests of the people of New Brunswick with regard to stability of price and continuity of supply 58 53-54 Elizabeth II, 2004-2005 January 4 of electrical energy. 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. Mr. C. LeBlanc, the Deputy Speaker, interrupted proceedings on several occasions and cautioned Members to refrain from engaging in private conversations and creating other disturbances. And after some time, Mr. Speaker resumed the chair. And the debate being ended and the question being put, Motion 1 was negatived.

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 3, An Act to Amend the Crown Lands and Forests Act. Bill 4, An Act to Amend the Fish and Wildlife 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, 5.45 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 8 December 22, 2004 Documents requested in Notice of Motion 17 December 20, 2004 Documents requested in Notices of Motion 24, 25 and 26 December 23, 2004 2003-2004 Annual Report, Atlantic Health Sciences Corporation December 20, 2004 2003-2004 Annual Report, January 4 Journal of Assembly 59

Acadie-Bathurst Health Authority December 20, 2004 2003-2004 Annual Report, Beauséjour Regional Health Authority December 20, 2004 2003-2004 Annual Report, Chief Coroner December 20, 2004 2003-2004 Annual Report, Regional Development Corporation December 20, 2004 2003-2004 Annual Report, New Brunswick Police Commission December 21, 2004 2003-2004 Annual Report, Legal Aid New Brunswick December 21, 2004 60 53-54 Elizabeth II, 2004-2005 January 5

Wednesday, January 5, 2005. 10 o’clock a.m. Prayers. Mr. Arseneault gave Notice of Motion 38 that on Thursday, January 13, 2005, 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 a breakdown of all expenditures incurred under the following line items: 4202.001 and 4202.002 (DIIR-special initiatives - administrative expenses) which is identified in the 2003-2004 Regional Development Corporation’s Annual Report, including but not limited to invoices and travel claims, etc. for those items.

Hon. Mr. Green, Government House Leader, announced that following third reading, it was the intention of government that the House debate Motion 20, following which, the House would resolve itself into a Committee of Supply to consider the Supplementary Estimates 2003-2004 Volume II, Supplementary Estimates 2004-2005 Volume I, and the Capital Estimates 2005-2006 for the Department of Education.

The following Bills were read a third time: Bill 3, An Act to Amend the Crown Lands and Forests Act. Bill 4, An Act to Amend the Fish and Wildlife Act. Ordered that the said Bills do pass.

Pursuant to Notice of Motion 20, 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 20 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 January 5 Journal of Assembly 61

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. 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.

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. 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. Betts took the chair as Acting Chairman. And after some further time, Mr. Holder resumed the chair. And after some further time spent in Committee of Supply, Mr. Speaker resumed the chair and Mr. Holder, the Chairman, after 62 53-54 Elizabeth II, 2004-2005 January 5 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 II ORDINARY ACCOUNT Voted DEPARTMENT OF BUSINESS NEW BRUNSWICK Resolved, That there be granted to Her Majesty a sum not exceeding $5,410,363.68 to defray the expenses of the following program: Strategic Assistance ...... 5,410,363.68 DEPARTMENT OF EDUCATION Resolved, That there be granted to Her Majesty a sum not exceeding $2,203,342.47 to defray the expenses of the following program: Student Financial Assistance ...... 2,203,342.47 GENERAL GOVERNMENT Resolved, That there be granted to Her Majesty a sum not exceeding $28,965,358.40 to defray the expenses of the following program: Provision for Losses...... 28,965,358.40 LEGISLATIVE ASSEMBLY Resolved, That there be granted to Her Majesty a sum not exceeding $225,376.02 to defray the expenses of the following program: Office of the Chief Electoral Officer ...... 225,376.02 DEPARTMENT OF SUPPLY AND SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $2,289,650.83 to defray the expenses of the following program: Buildings Group ...... 2,289,650.83 DEPARTMENT OF TRANSPORTATION Resolved, That there be granted to Her Majesty a sum not exceeding $2,100,364.05 to defray the expenses of the following programs: Winter Maintenance...... 2,100,364.05 CAPITAL ACCOUNT DEPARTMENT OF TRANSPORTATION Resolved, That there be granted to Her Majesty a sum not exceeding $6,613,149.92 to defray the expenses of the following program: Canada-New Brunswick Highway Improvement Program ...... 6,613,149.92 January 5 Journal of Assembly 63

LOANS AND ADVANCES DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $843,722.59 to defray the expenses of the following program: Construction-Renovation of Veteran Affairs facilities by Regional Health Authorities...... 843,722.59 SUPPLEMENTARY ESTIMATES, 2004-2005 VOLUME I ORDINARY ACCOUNT Voted DEPARTMENT OF BUSINESS NEW BRUNSWICK Resolved, That there be granted to Her Majesty a sum not exceeding $10,000,000 to defray the expenses of the following program: Strategic Assistance ...... 10,000,000 DEPARTMENT OF FAMILY AND COMMUNITY SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $5,000,000 to defray the expenses of the following programs: Family and Community Social Services ...... 4,800,000 Income Security ...... 200,000 DEPARTMENT OF FINANCE Resolved, That there be granted to Her Majesty a sum not exceeding $620,000 to defray the expenses of the following program: Municipal Finances ...... 620,000 GENERAL GOVERNMENT Resolved, That there be granted to Her Majesty a sum not exceeding $22,000,000 to defray the expenses of the following program: Supplementary Funding Provision ...... 22,000,000 DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $39,800,000 to defray the expenses of the following programs: Administrative Services ...... 400,000 Public Health and Medical Services ...... 13,000,000 Institutional Services ...... 25,700,000 Mental Health Services...... 700,000 DEPARTMENT OF LEGISLATIVE ASSEMBLY Resolved, That there be granted to Her Majesty a sum not exceeding $500,000 to defray the expenses of the following program: Members’ Allowances and Committees...... 500,000 DEPARTMENT OF PUBLIC SAFETY Resolved, That there be granted to Her Majesty a sum not exceeding $2,147,000 to defray the expenses of the following program: Safety Services ...... 2,147,000 64 53-54 Elizabeth II, 2004-2005 January 5

DEPARTMENT OF SUPPLY AND SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $1,500,000 to defray the expenses of the following program: Buildings Group ...... 1,500,000 CAPITAL ACCOUNT DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $3,800,000 to defray the expenses of the following program: Health Care Renewal ...... 3,800,000 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: 2003-2004 Annual Report, New Brunswick Board of Commissioners of Public Utilities December 28, 2004 Supplementary Estimates Volume II 2003-2004 January 4, 2005 Supplementary Estimates Volume I 2004-2005 January 4, 2005 January 6 Journal of Assembly 65

Thursday, January 6, 2005. 1.15 o’clock p.m. Prayers. The Honourable the Premier informed the Assembly of the passing of Hon. Louis J. Robichaud, former Premier of New Brunswick. Hon. Mr. Lord recognized the contribution to the province of the late Mr. Robichaud (1925-2005), a Liberal Member of the Legislative Assembly of New Brunswick (Kent 1952-1971), Leader of the Liberal Party (1958-1971), Premier (1960-1970), and Senator (1973-2000). The Premier noted that as the first Acadian elected Premier, the late Mr. Robichaud implemented the Equal Opportunity Program which modernized the public service and the structure of provincial and local government; he oversaw the unanimous adoption of the first Official Languages Act, and he reorganized post-secondary education by establishing the Université de Moncton and presiding over the expansion of the University of New Brunswick and the relocation of St. Thomas University to Fredericton. On behalf of all Members, the Premier extended condolences to the family, friends, and former colleagues of the late Premier. The House observed a minute of silence in memory of the former Premier. Mr. S. Graham, Leader of the Opposition, and Ms. Weir, New Democratic Party Member, joined with the Premier in offering condolences and acknowledging the former Premier’s contribution to the province.

With leave of the House, Hon. Mr. Green moved, seconded by the Honourable the Premier: THAT when the House adjourns at the end of this sitting day, it stand adjourned until Tuesday, January 18, 2005.

And then, 1.32 o’clock p.m., the House adjourned. 66 53-54 Elizabeth II, 2004-2005 January 18

Tuesday, January 18, 2005. 1 o’clock p.m. Prayers. Hon. Mr. Green recognized the following individuals whose efforts have been instrumental in raising funds to aid victims of the southeast Asian tsunami disaster: Martin Aitken from Aitkens Pewter; Zach Booker, who was a paper carrier; Pat Burgess from the Canadian Red Cross; Ashraf Ghanem from the New Brunswick Multicultural Council; Guna Kulasegaram from the Indo Canadian Association of Fredericton; Kathy Russell from the Fredericton YMCA; Barb Winsor of the New Brunswick Liquor Corporation; and Tim Yerxa of The Playhouse in Fredericton.

Hon. Mr. Mockler introduced Gilles Duceppe, Member of the House of Commons for Laurier—Sainte-Marie and Leader of the Bloc Québécois Caucus, as well as Stéphane Bergeron, Bloc Québécois Member of the House of Commons for Verchères—Les Patriotes.

Mr. Holder, the Member for Saint John Portland, laid upon the table of the House a petition urging the government to stop the implementation of the new health education curriculum to be taught to Grades 6, 7, and 8. (Petition 16)

The following Bills were introduced and read a first time: By Hon. Mr. Volpé, Bill 19, Supplementary Appropriations Act 2003-2004 (2). Bill 20, Supplementary Appropriations Act 2004-2005 (1). By Hon. Mr. Huntjens, Bill 21, An Act to Amend the Child and Youth Advocate Act. By Hon. Mr. Green, Bill 22, An Act to Amend the Legal Aid Act. By Mr. Lamrock, Bill 23, An Act to Amend the Youth Assistance Act. Bill 24, An Act to Amend the Youth Assistance Act. January 18 Journal of Assembly 67

By Mr. S. Graham, Bill 25, An Act to Amend the Auditor General Act. Ordered that the said Bills be read a second time at the next sitting.

Hon. Mr. Volpé gave Notice of Motion 39 that on Wednesday, March 30, 2005, he would move the following resolution, seconded by the Honourable the Premier: THAT this House approves in general the budgetary policy of the government.

Mr. Paulin gave Notice of Motion 40 that on Tuesday, January 25, 2005, 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 documents, e-mails and correspondence between the Department of Tourism and Parks and Mactaquac Provincial Park for the 2004 calendar year.

Mr. Foran welcomed to the House former Speaker (1997-1999) and Member of the Legislative Assembly John McKay (Liberal, 1974-1982; 1987-1999).

It was agreed by unanimous consent to dispense with the two hours allotted for Private Members’ Motions.

With leave of the House, Hon. Mr. Green moved the following resolution, seconded by Mr. Lamrock: (Motion 41) THAT, notwithstanding Standing Rule 29(1), the time for the daily meeting and sitting of the Assembly for the week of January 18 to 21, 2005, inclusive, shall be as follows: Tuesday, January 18: 1.00 p.m. to 6.00 p.m. 7.00 p.m. to 10.00 p.m. Wednesday, January 19: 10.00 a.m. to 12.30 p.m. 2.00 p.m. to 6.00 p.m. 7.00 p.m. to 10.00 p.m. Thursday, January 20: 10.00 a.m. to 12.00 p.m. 1.00 p.m. to 6.00 p.m. 68 53-54 Elizabeth II, 2004-2005 January 18

Friday, January 21: 10.00 a.m. to 12.30 p.m. 2.00 p.m. to 6.00 p.m. And the question being put, it was resolved in the affirmative.

Hon. Mr. Green, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of Supply to consider the Capital Estimates 2005-2006 for the Department of Health and Wellness and to resume consideration of the capital 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, Mr. Betts 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. At 5.55 o’clock p.m., the Chairman left the Chair to resume again at 7 o’clock p.m. 7 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. 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 2005-2006 Voted DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $37,145,000 to defray the expenses of the following programs: Public Hospitals - Capital Equipment...... 10,700,000 Health Care Renewal ...... 26,445,000 January 18 Journal of Assembly 69

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: Public Schools - Capital Equipment ...... 1,000,000 The said items were concurred in by the House.

And then, 9.25 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 Notices of Motion 30 and 31 January 10, 2005 Documents requested in Notice of Motion 33 January 11, 2005 Documents requested in Notice of Motion 27 January 14, 2005 2003-2004 Annual Report, Agriculture, Fisheries and Aquaculture January 10, 2005 2003-2004 Annual Report, Provincial Holdings Ltd. January 14, 2005 Report of the Chief Electoral Officer- By-Election - Shediac—Cap-Pelé January 13, 2005 70 53-54 Elizabeth II, 2004-2005 January 19

Wednesday, January 19, 2005. 10 o’clock a.m. Prayers. Hon. Mr. Alward, the Member for Woodstock, laid upon the table of the House a petition signed by “Citizens for Wholesome Education” requesting that the government cancel the current health curriculum being taught to students in Grades 6, 7 and 8, and replace it with an abstinence based curriculum. (Petition 18)

Mr. Malley, the Member for Miramichi—Bay-du-Vin, laid upon the table of the House a petition urging the government to stop the implementation of the new health education curriculum to be taught to Grades 6, 7, and 8. (Petition 19)

The Honourable the Premier laid upon the table of the House the Final Report and Recommendations, Commission on Legislative Democracy.

Hon. Mr. Lord welcomed to the House former Cabinet Minister and Progressive Conservative Member of the Legislature for Saint John Lancaster (1999-2003), Norman McFarlane, now Mayor of the city of Saint John.

Unanimous consent was granted to Mr. Landry, the Member for Centre-Péninsule, to address the Assembly from a seat other than his own. Mr. Speaker reminded Members not to request that the House revert to Introduction of Guests during Members’ Statements as this item of business carries with it a time limit of 10 minutes.

The following Bills were introduced and read a first time: By Hon. Mr. Mockler, Bill 26, An Act to Amend the Beaverbrook Art Gallery Act. By Mr. S. Graham, Bill 27, An Act to Amend the Public Utilities Act. By Mr. Doucet, Bill 28, An Act to Amend the Electricity Act. By Mr. Lamrock, Bill 29, Fairness in Fees Act. Bill 30, Fiscal Transparency Act. January 19 Journal of Assembly 71

Ordered that the said Bills be read a second time at the next sitting.

Mr. Ouellette gave Notice of Motion 42 that on Tuesday, January 25, 2005, 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 all documents, reports, e-mails, correspondence, relating to the hospital bed cuts at the Grand Falls Regional Hospital, with any and all government departments including but not limited to the Department of Health and Wellness, from January 1, 2004.

Mr. Ouellette gave Notice of Motion 43 that on Tuesday, January 25, 2005, he would move the following resolution, seconded by Mr. R. 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 costs associated with the transfer of the offices of School District 3 from Grand Falls to Edmundston, upon completion of the transfer.

Mr. V. Boudreau gave Notice of Motion 44 that on Tuesday, January 25, 2005, 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. V. Boudreau gave Notice of Motion 45 that on Tuesday, January 25, 2005, 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 72 53-54 Elizabeth II, 2004-2005 January 19

Department of Natural Resources and Energy, and the Culture and Sport Secretariat, from March 1, 1999, to present for the Villa Sur Plage Project.

Mr. Lamrock gave Notice of Motion 46 that on Tuesday, January 25, 2005, 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 list of all grants, loans, loan guarantees, and other assistance given by the New Brunswick Investment Fund since January 1, 2004.

Mr. Lamrock gave Notice of Motion 47 that on Tuesday, January 25, 2005, 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 all correspondence, including but not limited to memorandums, letters, e-mails, etc., regarding costs of implementing the model for Legal Aid as outlined in Bill 22.

Mr. Haché gave Notice of Motion 48 that on Tuesday, January 25, 2005, 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 and any documentation related to the grants made by the Regional Development Corporation for the 2003-2004 fiscal year, including: a) documents relating to the basic procedure, templates and forms used for evaluating RDC grants; b) the business plans for each proponent related to the funding request; c) the number of jobs that would be created or maintained promised by each applicant; d) the actual number of jobs created and maintained by each successful applicant; and e) a comparison on the number of promised jobs created or maintained with the actual number of jobs created and maintained for each RDC region. January 19 Journal of Assembly 73

The Order being read for second reading of Bill 19, Supplementary Appropriations Act 2003-2004 (2), a debate arose thereon. And the debate being ended and the question being put that Bill 19 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 19, Supplementary Appropriations Act 2003-2004 (2), was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 20, Supplementary Appropriations Act 2004-2005 (1), a debate arose thereon. And the debate being ended and the question being put that Bill 20 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 20, Supplementary Appropriations Act 2004-2005 (1), was read a second time and ordered referred to the Committee of the Whole House.

At 12.30 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 21, An Act to Amend the Child and Youth Advocate 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 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 22, An Act to Amend the Legal Aid 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. 74 53-54 Elizabeth II, 2004-2005 January 19

Accordingly, Bill 22, An Act to Amend the Legal Aid 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 23, An Act to Amend the Youth Assistance Act, 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 23 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 23, An Act to Amend the Youth Assistance 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 24, An Act to Amend the Youth Assistance Act, a debate arose thereon. 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 Youth Assistance 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 25, An Act to Amend the Auditor General Act, a debate arose thereon. And the debate being ended and the question being put that Bill 25 be now read a second time, the motion was negatived. At 6 o’clock p.m., Mr. Speaker left the chair to resume again at 7 o’clock p.m. 7 o’clock p.m. Mr. Speaker resumed the chair.

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. Speaker resumed the chair and Mr. Holder, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee January 19 Journal of Assembly 75 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, 10 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 38 January 17, 2005 2003-2004 Annual Report, Office of the Ombudsman January 17, 2005 2003-2004 Annual Report, Business New Brunswick January 18, 2005 76 53-54 Elizabeth II, 2004-2005 January 20

Thursday, January 20, 2005. 10 o’clock a.m. Prayers. Hon. Mr. Mockler welcomed to the Assembly His Excellency Gudmundur Eiriksson, Ambassador of Iceland to Canada; Gordon Reykdal, President and CEO, The Cash Store and President, Icelandic-Canada Chamber of Commerce; Iris Birgisdottir, Honourary Consul in Saint John; and Petur Oskarsson, Commercial Representative of Iceland to the Americas.

The Honourable the Premier welcomed to the House his two children, Sébastien and Jasmine Lord.

Hon. Mr. Mesheau laid upon the table of the House a document entitled eNB.ca Action Plan #1 Report Card.

Hon. Mr. Huntjens laid upon the table of the House a document entitled Greater Opportunities for New Brunswick Children: An Early Childhood Development Agenda, Investments and Outcomes (2002-03).

The following Bill was introduced and read a first time: By Mr. Burke, Bill 31, Civil Service Accountability Act. Ordered that the said Bill be read a second time at the next sitting.

Mr. V. Boudreau gave Notice of Motion 49 that on Thursday, January 27, 2005, 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, reports, e-mails, and correspondence since April 1, 1996, between the Department of Tourism and Parks, the former Department of Economic Development and Tourism, and the following companies and individuals: Roland Cormier, Archil Robichaud, 506289 N.B. Ltd., Jean-Pierre Lacroix, Castle on the Sand, and Gilligan’s Bar & Grill. January 20 Journal of Assembly 77

Mr. Arseneault gave Notice of Motion 50 that on Thursday, January 27, 2005, 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 a breakdown of all expenditures incurred as reported by the Department of Intergovernmental and International Relations under Payment to Vendors in the Public Accounts 2002-2003 Report, Volume 2, page 193, pertaining to the vendor Smith and Harroff Inc. including but not limited to invoices and travel claims etc. related to that line item.

Mr. Paulin gave Notice of Motion 51 that on Thursday, January 27, 2005, 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 the names of the companies and/or individuals who made arrangements to rent and subsequently paid for the use of Larry’s Gulch on each of the following dates in 2004: June 21, 22, 23; June 23, 24, 25; June 26, 27, 28; June 30, July 1, 2; July 3, 4, 5; July 10, 11, 12; July 24, 25, 26; August 7, 8, 9; August 21, 22, 23, 24, 25; August 25, 26, 27.

It was agreed by unanimous consent to dispense with the two hours allotted for Private Members’ Motions.

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 continue consideration of the Capital Estimates 2005-2006 for the Department of Transportation, and to commence consideration of those of the Departments of Supply and Services; Regional Development Corporation; Agriculture, Fisheries and Aquaculture; Environment and Local Government; Natural Resources, and Tourism and Parks; following which the House would resolve itself into a Committee of the Whole to consider legislation; namely, Bills 12 and 21.

The Order being read for second reading of Bill 26, An Act to Amend the Beaverbrook Art Gallery Act, a debate arose thereon. 78 53-54 Elizabeth II, 2004-2005 January 20

And the debate being ended and the question being put that Bill 26 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 26, An Act to Amend the Beaverbrook Art Gallery 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 27, An Act to Amend the Public Utilities Act, a debate arose thereon. At 12 o’clock Mr. Speaker left the chair to resume again at 1 o’clock p.m. 1.10 o’clock p.m. Mr. Speaker resumed the chair. Debate resumed on the motion for second reading of Bill 27. And the debate being ended and the question being put that Bill 27 be now read a second time, the motion was negatived on the following recorded division: YEAS - 26 Mr. McGinley Mr. Albert Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Kennedy Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Haché Mr. Burke Mr. R. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. V. Boudreau Mr. Branch Mr. Arseneault NAYS - 27 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. 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 28, An Act to Amend the Electricity Act, a debate arose thereon. January 20 Journal of Assembly 79

And the debate being ended and the question being put, the House divided as follows: YEAS - 27 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Albert Mr. Foran Mr. MacIntyre Mr. Ouellette Mr. Kennedy 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. R. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch Mr. Kenny Mr. V. Boudreau 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 There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative. Accordingly, the motion that Bill 28 be now read a second time was negatived on the casting vote of the Speaker.

The Order being read for second reading of Bill 29, Fairness in Fees Act, a debate arose thereon. Mr. Allaby rose on a Point of Order and requested that the Speaker give reasons for casting his vote in the negative, given the guidelines in place with respect to the casting of votes by Speakers. Several members spoke on the Point of Order. Mr. Speaker advised that he is not required to give reasons for his vote; while there are guidelines in place with respect to the casting of votes by a Speaker, these are merely guidelines which are not binding on the Speaker. 80 53-54 Elizabeth II, 2004-2005 January 20

Debate resumed on the motion for second reading of Bill 29, Fairness in Fees Act. And the debate being ended and the question being put that Bill 29 be now read a second time, the House divided as follows: YEAS - 27 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Albert Mr. Foran Mr. MacIntyre Mr. Ouellette Mr. Kennedy 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. R. Boudreau Mr. Landry Mr. Murphy Mr. Brewer Mr. Branch Mr. Kenny Mr. V. Boudreau 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 There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative. Accordingly, the motion that Bill 29 be now read a second time was negatived on the casting vote of the Speaker.

Mr. Lamrock rose on a Point of Order and claimed that the Premier had used unparliamentary language during an exchange with the member for Fredericton North which was caught on tape. Several Members spoke on the Point of Order. The Honourable the Premier advised the House that he had not intended his remarks to be interpreted as Mr. Lamrock claimed and then withdrew the remarks. As several Members attempted to speak further on the point of order, the Speaker advised that the Premier had withdrawn the January 20 Journal of Assembly 81 remarks as the opposition had requested and this concluded the matter.

The Order being read for second reading of Bill 30, Fiscal Transparency Act, a debate arose thereon. And the debate being ended and the question being put that Bill 30 be now read a second time, the motion was negatived.

The House, according to Order, resolved itself into a Committee of Supply 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, 6 o’clock p.m., the House adjourned. 82 53-54 Elizabeth II, 2004-2005 January 21

Friday, January 21, 2005. 10 o’clock a.m. Prayers. Mr. Williams welcomed to the House a former New Brunswick Senator, Hon. Joe Landry (Liberal, 1996-1997).

Following Oral Questions, Hon. P. Robichaud rose on a Point of Order and claimed that the Member for Caraquet had used unparliamentary language. Mr. Albert agreed to withdraw the remark.

The following Bills were introduced and read a first time: By Mr. Lamrock, Bill 32, Right to Read Act. By Ms. Robichaud, Bill 33, Healthy Students Act. By Mr. Haché, Bill 34, Franchises Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. Foran gave Notice of Motion 52 that on Thursday, January 27, 2005, 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 the number of infractions, segmented by private and commercial vehicles, to the Motor Vehicle Act and the total amount of the fines related to those infractions for the period 6 months prior to August 1, 2004, and for the period 6 months after August 1, 2004, from the Department of Public Safety.

Mr. Allaby gave Notice of Motion 53 that on Thursday, January 27, 2005, 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 an estimate of commercial truck traffic movement on arterial and collector highways by month for the calendar year 2004, from the Department of Transportation. January 21 Journal of Assembly 83

Hon. Mr. Green, Government House Leader, announced that it was the intention of government following second reading, that the House resolve itself into a Committee of the Whole to consider Bills 12, 19, 20 and 26, following which, with leave of the House, the said Bills would be considered for third reading; the House would then resolve itself into a Committee of Supply to consider the Capital Estimates 2005-2006 for the Departments of Supply and Services; Transportation; Regional Development Corporation; Agriculture, Fisheries and Aquaculture; Environment and Local Government; Natural Resources; and Tourism and Parks; following which, the House would proceed to the Royal Assent ceremony.

The Order being read for second reading of Bill 31, Civil Service Accountability Act, a debate arose thereon. At 12.30 o’clock Mr. Speaker left the chair to resume again at 1 o’clock p.m. 1 o’clock p.m. Mr. Speaker resumed the chair. 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, Civil Service Accountability 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. 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 19, Supplementary Appropriations Act 2003-2004 (2). Bill 20, Supplementary Appropriations Act 2004-2005 (1). Bill 26, An Act to Amend the Beaverbrook Art Gallery Act. And that the Committee had directed him to report the following Bill agreed to as amended: Bill 12, An Act to Amend An Act to Amend the Human Rights Act. And the Committee asked leave to make a further report. 84 53-54 Elizabeth II, 2004-2005 January 21

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.

It was agreed by unanimous consent that Bills 12, 19, 20, and 26 be read a third time forthwith.

The following Bills were read a third time: Bill 12, An Act to Amend An Act to Amend the Human Rights Act. Bill 19, Supplementary Appropriations Act 2003-2004 (2). Bill 20, Supplementary Appropriations Act 2004-2005 (1). Bill 26, An Act to Amend the Beaverbrook Art Gallery Act. Ordered that the said Bills do pass.

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. 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 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: CAPITAL ESTIMATES 2005-2006 Voted DEPARTMENT OF SUPPLY AND SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $127,419,000 to defray the expenses of the following program: Design and Construction of Provincial Buildings ...... 127,419,000 DEPARTMENT OF TRANSPORTATION Resolved, That there be granted to Her Majesty a sum not exceeding $242,080,000 to defray the expenses of the following programs: Permanent Bridges ...... 32,025,000 Permanent Highways ...... 52,600,000 Rural Road Initiative ...... 41,000,000 January 21 Journal of Assembly 85

Canada-New Brunswick Strategic Highway Infrastructure Program ...... 7,110,000 Canada-New Brunswick Strategic Infrastructure Program...... 58,065,000 Canada-New Brunswick Border Infrastructure Program ...... 10,950,000 Routes 11 and 17 ...... 21,250,000 Urban Bypasses ...... 12,080,000 Vehicle Management Agency ...... 7,000,000 The said items were concurred in by the House.

Due to the unavoidable absence of Mr. Speaker, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. His Honour, the Administrator, was announced, and having been bidden to enter, took his seat in the chair upon the Throne. Mr. Deputy 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 3, An Act to Amend the Crown Lands and Forests Act. Bill 4, An Act to Amend the Fish and Wildlife Act. Bill 12, An Act to Amend An Act to Amend the Human Rights Act. Bill 19, Supplementary Appropriations Act 2003-2004 (2). Bill 20, Supplementary Appropriations Act 2004-2005 (1). Bill 26, An Act to Amend the Beaverbrook Art Gallery 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 Administrator assents to these Bills, enacting the same and ordering them to be enrolled. His Honour then retired.

Mr. Holder, the Deputy Speaker resumed the chair. 86 53-54 Elizabeth II, 2004-2005 January 21

With leave, the House reverted to Government Motions for the Ordering of the Business of the House and Hon. Mr. Green announced that it was the intention of government that the House resolve itself into a Committee of Supply to take under consideration the remaining Capital Estimates 2005-2006.

The House, according to Order, resolved itself into a Committee of Supply 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 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: CAPITAL ESTIMATES 2005-2006 Voted DEPARTMENT OF TOURISM AND PARKS Resolved, That there be granted to Her Majesty a sum not exceeding $1,100,000 to defray the expenses of the following program: Parks - Capital Improvements...... 1,100,000 DEPARTMENT OF NATURAL RESOURCES Resolved, That there be granted to Her Majesty a sum not exceeding $1,871,000 to defray the expenses of the following program: Musquash Watershed Infrastructure - Capital Improvements ...... 1,871,000 DEPARTMENT OF ENVIRONMENT AND LOCAL GOVERNMENT Resolved, That there be granted to Her Majesty a sum not exceeding $1,756,000 to defray the expenses of the following programs: Clean Water Control Grants ...... 500,000 Local Service Districts ...... 656,000 Provincial Wastewater Treatment Facilities ...... 600,000 DEPARTMENT OF AGRICULTURE, FISHERIES AND AQUACULTURE Resolved, That there be granted to Her Majesty a sum not exceeding $400,000 to defray the expenses of the following program: Capital Improvements ...... 400,000 January 21 Journal of Assembly 87

REGIONAL DEVELOPMENT CORPORATION Resolved, That there be granted to Her Majesty a sum not exceeding $11,056,000 to defray the expenses of the following programs: Canada-New Brunswick Infrastructure Program ...... 8,056,000 Canada-New Brunswick Municipal Rural Infrastructure Fund ...... 3,000,000 The said items were concurred in by the House.

With leave, the House reverted to the Order of Introduction of Bills and the following Bill was introduced and read a first time: By Hon. Mr. Volpé, Bill 35, Capital Appropriations Act 2005-2006. Ordered that the said Bill be read a second time at the next sitting.

It was agreed by unanimous consent that all Bills ordered for second reading be stood over until Thursday, March 31, 2005.

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 2 o’clock p.m., on Wednesday, March 30, 2005.

And then, 4.45 o’clock p.m., the House adjourned. 88 53-54 Elizabeth II, 2004-2005 March 30

Wednesday, March 30, 2005. 2 o’clock p.m. Prayers. 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, 2005. His Honour the Lieutenant-Governor transmits the Main Estimates for the fiscal year ending March 31, 2006, which include the estimates of the sums required for the services of the Province, not otherwise provided for, for the year ending March 31, 2006, and in accordance with the provisions of the Constitution Act, 1867, recommends these Estimates to the House. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

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 39, 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. On motion of Mr. Murphy, 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 Friday next and then added to the Orders of the Day until such time as it is dispatched. March 30 Journal of Assembly 89

And then, 3.36 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 30: Annual Report 2003-2004 Office of the Comptroller January 27, 2005 Annual Report 2003 Department of Justice, Credit Unions February 3, 2005 Annual Report 2003-2004 Department of Education February 3, 2005 Annual Report 2003-2004 Public Safety Inspection Services February 7, 2005 Annual Report 2003-2004 Department of Health and Wellness February 7, 2005 Public Accounts for the fiscal year ended 31 March 2004 - Volume 3 - Financial Statements of Crown Corporations, Boards, Commissions February 7, 2005 Annual Report 2003-2004 Department of Justice and Office of the Attorney General February 8, 2005 Annual Report 2003-2004 New Brunswick Advisory Council on the Status of Women February 10, 2005 Annual Report 2003-2004 Department of Environment and Local Government February 10, 2005 Documents relating to the Trans-Canada Highway Project: a) Trans-Canada Highway Agreement; b) Direct Agreement; c) Design-Build Agreement; d) Operation, Maintenance and Rehabilitation Agreement; e) Section - Maintenance Agreement February 10, 2005 Annual Report 2003-2004 Department of Justice - Insurance February 14, 2005 Annual Report 2003-2004 Department of Energy February 14, 2005 A Report on Air Quality Monitoring Results in New Brunswick for the year 2003 February 18, 2005 Reporting to New Brunswickers - the New Brunswick Health Care Report Card 2004 February 23, 2005 Main Estimates 2005-2006 March 30, 2005 Budget 2005-2006 March 30, 2005 Highlights Budget 2005-2006 March 30, 2005 The New Brunswick Economy 2005 March 30, 2005 Government of New Brunswick Workforce Profile March 30, 2005 90 53-54 Elizabeth II, 2004-2005 March 31

Thursday, March 31, 2005. 1 o’clock p.m. Prayers. Mr. S. Graham paid tribute to the memory of the late Kenneth Johnson, Liberal Member for Rogersville-Kouchibouguac (1995-1999); and Harold Culbert, Liberal MP for Carleton-Charlotte (1993-1997).

The Leader of the Official Opposition also paid tribute to the memory of the late Albert (Ab) Rector, Confederation of Regions Member for Oromocto (1991-1995) and Interim CoR Leader. Mr. Carr joined with Mr. S. Graham in this regard.

Mr. Foran paid tribute to the memory of Const. Anthony Fitzgerald Orion Gordon; Const. Lionide Nicholas Johnston; Const. Brock Warren Myrol; and Const. Peter Christopher Schiemann, the four Royal Canadian Mounted Police officers who lost their lives under tragic circumstances in Mayerthorpe, Alberta, on March 3, 2005.

During Congratulatory Messages, Mr. Speaker reminded Members to keep their remarks brief to remain within the time limits imposed by the Standing Rules which limit this item of routine business to 10 minutes.

Mr. MacDonald welcomed to the House Jean-Guy Laforest, Progressive Conservative Member for Grand Falls Region (1999-2003).

Mr. S. Graham, Member for Kent, laid upon the table of the House a petition signed by residents of the Acadian Peninsula requesting that the government suspend the rural New Brunswick health plan until a unifying health care project is defined. (Petition 20)

Ms. Weir, Member for Saint John Harbour, laid upon the table of the House a petition of the New Brunswick Young New Democrats urging the government to freeze tuition and develop a model for equitable funding of postsecondary education in the province. (Petition 21)

Mr. Kenny, Member for Bathurst, laid upon the table of the House a petition signed by residents of the Belledune area requesting that the March 31 Journal of Assembly 91 government address the announcement of the plant closure in relation to the union and that CGC process material locally. (Petition 22)

Mr. Albert, Member for Caraquet, laid upon the table of the House a petition signed by residents of the Acadian Peninsula who oppose the closure of the Caraquet hospital and request that the government suspend the rural New Brunswick health plan in the Acadian Peninsula. (Petition 23)

Mr. Landry, Member for Centre-Péninsule, laid upon the table of the House a petition signed by residents of the Acadian Peninsula who oppose the closure of the Caraquet hospital and request that the Charter of Rights and Freedoms be respected and that health care be increased. (Petition 24)

At the request of the Honourable the Premier, it was agreed by unanimous consent to extend the time allotted for Oral Questions by one-half hour.

The following Bills were introduced and read a first time: By Hon. Mr. Steeves, Bill 36, An Act to Amend the Liquor Control Act. By Hon. Mr. Ashfield, Bill 37, An Act to Amend the Crown Lands and Forests Act. Ordered that the said Bills be read a second time at the next sitting.

With leave of the House to dispense with Notice, Hon. Mr. Green moved the following resolution, seconded by Hon. P. Robichaud: (Motion 54) That the membership of the Legislative Administration Committee be amended by substituting the name of Mr. Lamrock for Mr. McGinley; That the membership of the Standing Committee on Crown Corporations be amended by substituting the name of Mr. V. Boudreau for Mr. Kenny; That the membership of the Select Committee on Health Care be amended by substituting the name of Mr. R. Boudreau for Mr. MacIntyre and the name of Mr. V. Boudreau for Mr. Lamrock; 92 53-54 Elizabeth II, 2004-2005 March 31

That the membership of the Select Committee on Education be amended by substituting the name of Mr. Foran for Mr. Lamrock. And the question being put, it was resolved in the affirmative.

Mr. Arseneault gave Notice of Motion 55 that on Thursday, April 7, 2005, 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 documents, correspondence, e-mails, invoices, reports pertaining to the Department of Tourism and Parks for a trip to London that was scheduled for the month of March 2005, including any invitations extended to potential participants by the province of New Brunswick.

Mr. Albert gave Notice of Motion 56 that on Thursday, April 7, 2005, 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 information and details regarding publicity carried out by Health Authority 6 from March 31, 2004, to March 31, 2005, including media announcements (written, oral, and visual), publicity for the health plan, the logo, Synopse magazine, and advertising posters.

Mr. V. Boudreau gave Notice of Motion 57 that on Thursday, April 7, 2005, 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 the definitions used by Ambulance Services for the types of patients transported as generated in statistical reports by the Provincial Ambulance Centre and/or the Department of Health and Wellness regarding the payment centre. The definitions requested include: 1. Emergent 2. Urgent 3. Non-urgent 4. Invalid Transfer.

Mr. V. Boudreau gave Notice of Motion 58 that on Thursday, April 7, 2005, 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 March 31 Journal of Assembly 93

House the number of nurses in each of the categories: full-time, part- time and casual for each of the Regional Health Authorities as of December 31, 2003, to December 31, 2004.

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 1.30 o’clock p.m. on Friday, April 1, 2005.

It was agreed by unanimous consent that second reading of Bills (36 and 37) introduced earlier in the sitting be deferred until Tuesday, April 4, 2005.

The Order being read for second reading of Bill 32, Right to Read Act, 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 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, Right to Read 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, Healthy Students 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, Healthy Students 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, Franchises 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. Mr. Speaker resumed the chair. Accordingly, Bill 34, Franchises Act, was read a second time and ordered referred to the Committee of the Whole House. 94 53-54 Elizabeth II, 2004-2005 March 31

The following Bill was read a second time and ordered referred to the Committee of the Whole House: Bill 35, Capital Appropriations Act 2005-2006.

Motions 2, 5, 6, 8, 10, 12, 13, 15, 16, 17, 18, 24, 25, 26, 27, 30, 31, 33, 34, 35, 36, 37, 38, 40, 42, 43, 45, 46, 49, 50, 51 and 52 were, by leave of the House, withdrawn.

Pursuant to Notice of Motion 28, Mr. Lamrock, seconded by Mr. Allaby, moved the following resolution: BE IT RESOLVED that this Legislature affirm that a deficit occurs when expenditures in a fiscal year are greater than its revenues. 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, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Mr. Holder resumed the chair. The debate continued. And after some time, it was agreed by unanimous consent to dispense with the remaining time allocated for debate on Motion 28. And the debate being ended and the question being put, Motion 28 was carried.

And then, 6 o’clock p.m., the House adjourned. April 1 Journal of Assembly 95

Friday, April 1, 2005. 1.30 o’clock p.m. Prayers. It was agreed by unanimous consent that the Honourable the Premier be permitted to make a Ministerial Statement followed by a reply by Mr. S. Graham, Leader of the Official Opposition, on the subject of the framework agreement signed by the province of New Brunswick and a joint venture led by Tembec and the Birla Group.

And then, 2.38 o’clock p.m., the House adjourned. 96 53-54 Elizabeth II, 2004-2005 April 5

Tuesday, April 5, 2005. 1 o’clock p.m. Prayers. The Honourable the Premier and the Leader of the Official Opposition paid tribute to the memory of His Holiness Pope John Paul II, now deceased. The House observed a moment of silence to commemorate the life of His Holiness.

Mr. S. Graham paid tribute to the memory of the late Lazare Gionet (1896-2005), the last New Brunswick veteran to serve in World War I, who died on April 1 at Caraquet.

Mr. Foran paid tribute to the memory of the late Paul Dawson, Progressive Conservative Member for Miramichi-Newcastle (1982- 1987); who served as Minister of Commerce and Development (1982- 1985) and Minister of Income Assistance (1985-1987).

Mr. S. Graham gave Notice of Motion 59 that on Tuesday, April 12, 2005, 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 all documents, correspondence, e-mails, reports related to the comparative analysis of the cost of electricity production through Point Lepreau vs. a new coal generating facility since January 1, 2005, to present.

Hon. Mr. Green, Government House Leader, announced that the government would forgo the two hours reserved for Private Members’ Motions and would withdraw Motion 3 in order to facilitate the debate on the budget (Motion 39). It was agreed by unanimous consent that Motion 3 be withdrawn. Hon. Mr. Green announced that following second reading, the House would resume the adjourned debate on the motion that this House approves in general the budgetary policy of the government.

The Order being read for second reading of Bill 36, An Act to Amend the Liquor Control Act, a debate arose thereon. April 5 Journal of Assembly 97

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 Amend the Liquor Control 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 37, An Act to Amend the Crown Lands and Forests 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, An Act to Amend the Crown Lands and Forests Act, 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 39), 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. The debate continued. And after some time, 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, 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: Annual Report 2003 Vital Statistics - Health and Wellness April 1, 2005 Annual Report 2003 New Brunswick Co-operative Associations April 4, 2005 98 53-54 Elizabeth II, 2004-2005 April 5

Documents requested in Notices of Motion 10, 34, 35, 36, 37 January 25, 2005 Documents requested in Notice of Motion 50 January 27, 31, 2005 Documents requested in Notice of Motion 43 January 31, 2005 Documents requested in Notices of Motion 11, 40 February 1, 2005 Documents requested in Notice of Motion 51 February 8, 2005 Documents requested in Notice of motion 52 February 11, 2005 Documents requested in Notice of Motion 45 February 18, 2005 Documents requested in Notice of Motion 49 February 21, 2005 Documents requested in Notices of Motion 21, 29 February 28, 2005 Documents requested in Notice of Motion 9 March 21, 2005 Documents requested in Notice of Motion 42 March 24, 2005 April 6 Journal of Assembly 99

Wednesday, April 6, 2005. 10 o’clock a.m. Prayers. Mr. Doucet, Member for Charlotte, laid upon the table of the House a petition signed by residents of Charlotte County who oppose the reduction of 19 beds at the Charlotte County Hospital and the resulting job losses. (Petition 25)

Hon. E. Robichaud laid upon the table of the House a document entitled 2003 Vital Statistics Annual Report.

Mr. V. Boudreau gave Notice of Motion 60 that on Tuesday, April 12, 2005, 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 letters, e-mails, documents and/or reports sent or received by the Department of Health and Wellness regarding the request for the establishment of a satellite cardiac cath lab in Moncton.

Hon. Mr. Green, Government House Leader, announced that it was the intention of government that the House resume the adjourned debate on the budget.

The Order of the Day for resuming the adjourned debate on the motion (Motion 39), 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. The debate continued. At 12.30 o’clock p.m., the Acting Speaker left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. And after some time, Mr. C. LeBlanc, the Deputy Speaker, resumed the chair as Acting Speaker. 100 53-54 Elizabeth II, 2004-2005 April 6

And after some further time, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some further time, Mr. C. LeBlanc resumed the chair. And after some time, the debate was, on motion of Mr. Kennedy, 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 53 February 10, 2005 April 7 Journal of Assembly 101

Thursday, April 7, 2005. 1 o’clock p.m. Prayers. Mr. S. Graham recognized the service of Cheryl Fulton Wade of the Hansard Office for her 25 years of service to the Legislative Assembly.

The Hon. the Premier congratulated his mother, Mrs. Marie-Émilie Lord, on the occasion of her 75th birthday.

Mr. Targett, Member for York, laid upon the table of the House a petition signed by taxpayers/residents of the Village of McAdam and surrounding area who record their displeasure and concern regarding the unsafe/hazardous condition of certain sections of Highway 4 and Highway 630 and request immediate attention and appropriate action to certain stated situations. (Petition 26)

Mr. V. Boudreau gave Notice of Motion 61 that on Thursday, April 14, 2005, 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 information and details regarding publicity carried out by each health authority, the Department of Health and Wellness, and Communications New Brunswick, on behalf of the Department of Health and Wellness, from March 31, 2004, to March 31, 2005, including media announcements (written, oral, and visual), publicity for the health plan, the logo, and advertising posters.

Hon. Mr. Green, Government House Leader, announced that it was the intention of government that with agreement of the opposition, the House would dispense with Private Members’ Motions, to resume the adjourned debate on the budget.

The Order of the Day for resuming the adjourned debate on the motion (Motion 39), THAT this House approves in general the budgetary policy of the government, having been read, 102 53-54 Elizabeth II, 2004-2005 April 7

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. And after some further time, Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker. And after some time, Mr. S. Graham, seconded by Mr. Haché, moved in amendment: AMENDMENT THAT Motion 39 be amended by deleting all the words after “That” and that these words be replaced by the following: “this House no longer has confidence in the Government.” And the question being put, a debate ensued, And after some time, pursuant to Standing Rule 69, Mr. Allaby moved the following motion: Be it resolved that the question on the Amendment to Motion 39 be now put: At 3.54 Mr. Holder, the Deputy Speaker advised that he would review the motion to determine if it was acceptable. Mr. Deputy Speaker declared a recess and left the chair. 4.56 o’clock p.m. Mr. Holder, the Deputy Speaker, resumed the chair and delivered the following ruling: STATEMENT BY DEPUTY SPEAKER The member for Fundy Isles has moved that the question on the amendment to Motion 39 now be put. Standing Rule 69 governs the use of the previous question. Standing Rule 69 reads as follows: The previous question, which may be moved without notice or seconder, until it is decided shall preclude all amendment of the main question, and shall be in the following words:—”That this question be now put”. Unless it appears to the Chair that such a motion is an abuse of the Standing Rules of the House or an infringement of the rights of the minority, the question shall be put forthwith and decided without amendment or debate. If the previous question is resolved in the affirmative, the original question shall be put forthwith and decided without amendment or debate. I want to reemphasize the wording of Standing Rule 69. When such a motion is put, it precludes all amendments to the main motion. If the previous question is carried, the original motion must then be April 7 Journal of Assembly 103 put forthwith and decided without debate or amendment. It is clear from the language of the standing rule that the references are to the moving of the previous question on the original motion, not on an amendment. I refer members to Paragraph 527 of the sixth edition of Beauchesne’s Parliamentary Rules & Forms, where it is stated: The previous question has been moved upon the various stages of a bill, but it cannot be moved upon an amendment; however, after the amendment has been adopted, the previous question can be put to the main question as amended. Sir Erskine May, Treatise on the Law, Privileges, Proceedings and Usage of Parliament (20th ed., 1983), p. 379. This is confirmed in Marleau and Montpetit’s House of Commons Procedure and Practice, on page 456, which reads as follows: It [the previous question] cannot be proposed while an amendment to the main question is being considered, but once the amendment is disposed of by the House and the debate resumes on the main motion itself, amended or not, the previous question can then be moved. It is clear from the parliamentary authorities that the previous question can only be moved on the original motion and not on the amendment; therefore, the previous question cannot be moved on the amendment that is currently before the House. Accordingly, the motion as moved by the member for Fundy Isles is out of order. Debate was resumed on the amendment to Motion 39 (nonconfidence motion). And after some time, Mr. Speaker resumed the chair. And after some further 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. 104 53-54 Elizabeth II, 2004-2005 April 8

Friday, April 8, 2005. 10 o’clock a.m. Prayers. Following Oral Questions, Mr. Speaker reminded Members that the 60-second time limit applies to a Minister’s reply to a question taken as notice and answered on a subsequent day, as well as a Member’s supplementary question.

Mr. R. Boudreau gave Notice of Motion 62 that on Thursday, April 14, 2005, 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 all documents, reports, e-mails, correspondence, relating to foster family care, to and by the Department of Family and Community Services, including but not limited to the Minister of Family and Community Services from January 1, 2005, to present.

Mr. Lamrock gave Notice of Motion 63 that on Thursday, April 14, 2005, 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 between the Department of Justice and any other province of Canada on any lawsuit against tobacco companies since June 9, 2003.

Mr. Lamrock gave Notice of Motion 64 that on Thursday, April 14, 2005, 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 between the Department of Education and the Government of Canada regarding the elimination of parental deduction from student loans since June 9, 2003.

It was agreed by unanimous consent to vary the hours of sitting, to recess from 12.30 to 1 o’clock p.m., and to sit no later than 4.30 o’clock pm. April 8 Journal of Assembly 105

Hon. Mr. Green, Government House Leader, announced that it was the intention of government to resume the adjourned debate on the budget.

The Order of the Day for resuming the adjourned debate on the amendment to the motion (Motion 39), THAT this House approves in general the budgetary policy of the government, having been read, The debate was resumed. And after some time, Hon. Ms. Fowlie rose on a point of order and claimed that Mr. Branch, the Member for Nepisiguit, had used unparliamentary language that should be withdrawn. Hon. Mr. Lord and Mr. Lamrock spoke on the point of order. Mr. Speaker advised the House that he would review the Hansard and report back to the House if necessary. The debate continued and after some time, Mr. C. LeBlanc rose on a point of order and claimed that Mr. Foran, the Member for Miramichi Centre, had used unparliamentary language. The Member apologized for his remarks. At 12.30 o’clock p.m., Mr. Speaker left the chair to resume again at 1 o’clock p.m. 1 o’clock p.m. Mr. Speaker resumed the chair. 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 delivered the following ruling with respect to the point of order raised by Hon. Ms. Fowlie earlier in the sitting: STATEMENT BY SPEAKER Honourable members, I will address an earlier point of order that was raised by the Minister of the Environment and Local Government with respect to remarks made by the member for Nepisiguit. The term “neofascist” was used in the context of referring to a form of government that resembled the regime of a former Quebec Premier. It is not entirely clear from my reading of the transcript whether there was a direct reference to any member of this Legislature. However, the tone of speeches over the past few days has not been conducive to good debate or acceptable parliamentary behaviour. 106 53-54 Elizabeth II, 2004-2005 April 8

Both sides have taken liberty with the language in debate. This style of speaking in the House is unacceptable, and references to members’ personal lives and the use of members’ names must stop. The people of the province have a right to expect you to speak on the issues at hand. I am going to rise when I feel that the language or the references are unacceptable in future, and I am going to do it on your speaking time. I am not adding minutes. If the lesson is not learned quickly, there will be consequences. That is my message for today.

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, 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 Table of the House, pursuant to Standing Rule 39: Annual Report 2004-2005 Conflict of Interest Commissioner April 7, 2005 Annual Report 2004 Workplace Health, Safety and Compensation Commission April 7, 2005 April 12 Journal of Assembly 107

Tuesday, April 12, 2005. 1 o’clock p.m. Prayers. Following Oral Questions, Hon. P. Robichaud rose on a point of order and submitted that the Member for Caraquet had used unparliamentary language and requested that the Member withdraw the remark. Mr. Speaker advised the House that he would review the Hansard and report back to the House if necessary.

Mr. Arseneault gave Notice of Motion 65 that on Tuesday, April 19, 2005, 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 all payments made by the Department of Tourism and Parks to individuals, media outlets, including but not limited to, the names and amounts paid to TV, radio and print outlets to printing companies and advertising since June 1999.

With leave of the House to dispense with Notice, Hon. Mr. Lord moved the following resolution, seconded by Mr. S. Graham: (Motion 66) WHEREAS the Legislative Assembly of New Brunswick enacted the Members’ Conflict of Interest Act to maintain acceptable standards of conduct for elected officials in order to ensure that their private interests do not come into conflict with the performance of their public duties; WHEREAS subsection 22(1) of that Act provides that a Conflict of Interest Commissioner be appointed by the Lieutenant-Governor in Council on recommendation of the Assembly; WHEREAS the term of office of Hon. Stuart G. Stratton, Q.C., has expired; WHEREAS the Honourable Mr. Justice Patrick A.A. Ryan has had a distinguished career as a Judge of the Court of Queen’s Bench and as a Justice of the Court of Appeal of New Brunswick and has carried out his duties with a very high degree of integrity and competence; BE IT THEREFORE RESOLVED that the Legislative Assembly recommend to the Lieutenant-Governor in Council that the 108 53-54 Elizabeth II, 2004-2005 April 12

Honourable Mr. Justice Patrick A.A. Ryan be appointed Conflict of Interest Commissioner for a term of five years; BE IT FURTHER RESOLVED that this House express its appreciation and gratitude to Hon. Stuart G. Stratton, Q.C. for his professional and dedicated service to the Legislature and the people of New Brunswick as the first Conflict of Interest Commissioner. And the question being put, it was resolved in the affirmative.

Hon. Mr. Green, Government House Leader, announced that as there were no debatable Private Members’ Motions on the Order and Notice Paper, it was the intention of the government that the House resolve itself into a Committee of the Whole to take under consideration Bills 36 and 11. Unanimous consent was denied to dispense with the two hours allotted for consideration of Private Members’ Motions.

Motions 4, 7, 9, 11, 14, 21, 29, 32, 44, 47, 53 and 59 were, by leave of the House, withdrawn.

Pursuant to Notice of Motion 48, Mr. Haché moved, 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 and any documentation related to the grants made by the Regional Development Corporation for the 2003-2004 fiscal year, including: a) documents relating to the basic procedure, templates and forms used for evaluating RDC grants; b) the business plans for each proponent related to the funding request; c) the number of jobs that would be created or maintained promised by each applicant; d) the actual number of jobs created and maintained by each successful applicant; and e) a comparison on the number of promised jobs created or maintained with the actual number of jobs created and maintained for each RDC region. 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. April 12 Journal of Assembly 109

The debate continued. And after some time, Mr. MacIntyre, seconded by Mr. A. LeBlanc, moved in amendment: AMENDMENT That Motion 48 be amended by: Adding the following: f) all documents including but not limited to memos, correspondence, policies, notices of meetings and minutes of meetings regarding taxation concessions by municipality for the purposes of economic and regional development under the Regional Development Corporation or any other government department or agency between June 9, 2003, and April 12, 2005. Hon. Mr. Green rose on a point or order, namely, that the amendment prepared by the Member for Saint John Champlain was out of order. Mr. Lamrock spoke on the point of order. At 3.05 o’clock p.m., Mr. Deputy Speaker stated he would take the matter under advisement and declared a recess and left the chair. 3.45 o’clock p.m. Mr. C. LeBlanc, the Deputy Speaker, resumed the chair and delivered the following ruling: STATEMENT BY DEPUTY SPEAKER When an amendment is moved, the Chair must determine among other things, whether the amendment is relevant and within the scope of the main motion. An amendment may add additional elements for the House to consider but the Chair must ascertain that the elements so added, remain consistent with the main motion. The original motion (Motion 48) asks for documents related to grants and loans made by the Regional Development Corporation. Paragraphs a) to e) of the original motion clearly flow from the original request for documents. However, the proposed amendment attempts to add a request for documents related to taxation concessions by municipality for purposes of economic and regional development under the Regional Development Corporation or under any other government department or agency. This amendment is inconsistent and outside the scope of the main motion which specifically refers and relates to grants and loans by the Regional Development Corporation. I therefore rule the amendment out of order. 110 53-54 Elizabeth II, 2004-2005 April 12

I want to add that this decision is not inconsistent with previous decisions of this House, including the decision of May 20, 2004 referred to by the Member for Fredericton-Fort Nashwaak.

Debate continued on Motion 48. And after some further time, Hon. Ms. Fowlie rose on a point of order and submitted that the Member for Saint John Fundy had used unparliamentary language. At the request of Mr. Deputy Speaker, the Member apologized for the remarks. And the debate continuing, and the debate being ended, and the question being put, Motion 48 was negatived.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. And after some time, Mr. Speaker took 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 36, An Act to Amend the Liquor Control 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.

Wednesday, April 13, 2005. 10 o’clock a.m. Prayers. Mr. Foran gave Notice of Motion 67 that on Tuesday, April 19, 2005, he would move the following resolution, seconded by Mr. Murphy: 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. Jamieson gave Notice of Motion 68 that on Tuesday, April 19, 2005, he would move the following resolution, seconded by Mr. MacIntyre: WHEREAS environmental health, particularly for children, has been an international priority for the G8 countries since 1997; AND WHEREAS there is now sufficient scientific evidence that prenatal or childhood exposures to chemicals result in neuro- developmental conditions such as cognitive deficits, motor deficits, visual or hearing deficits, and cerebral palsy, as well as anaemia, attention deficit hyperactivity disorder and renal dysfunction abnormalities; AND WHEREAS citizens of New Brunswick in many areas of the province have expressed concerns regarding environmental impacts on their health and the health of their children as they relate to the air they breathe, the water they drink and the rivers, lakes, ocean habitat and soil which they depend on for their food production; BE IT THEREFORE RESOLVED that the Legislative Assembly direct the Select Committee on Health Care to hold public hearings throughout the province to ascertain the extent and sources of negative environmental impacts on the health of New Brunswickers.

Hon. Mr. Green, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of the Whole to take under consideration Bills 36 and 11.

The House resolved itself into Committee of the Whole with Mr. C. LeBlanc in the chair. 112 53-54 Elizabeth II, 2004-2005 April 13

And after some time Mr. Holder took the chair. And after some further time, Mr. C. LeBlanc resumed 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. Holder in the chair. At 4.14 o’clock p.m., the Chairman declared a recess and left the chair. 4.25 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. Holder resumed the chair. And after some time, Mr. LeBlanc resumed 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 directed him to report the following Bill as amended: Bill 36, An Act to Amend the Liquor Control Act. And that the Committee had directed him to report progress on the following Bill: Bill 11, An Act Respecting Rural Communities. 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 14 Journal of Assembly 113

Thursday, April 14, 2005. 1 o’clock p.m. Prayers. Hon. Mr. Huntjens, Member for Western Charlotte, laid upon the table of the House a petition in support of an effort to persuade negotiations regarding New Brunswick teachers and government to come to a conclusion before the 2004-2005 school year is severely affected. (Petition 27)

Mr. Albert gave Notice of Motion 69 that on Thursday, April 21, 2005, 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 all information concerning the tax on beer exports and imports between New Brunswick and Quebec, including all correspondence, faxes, e-mails, and/or reports on meetings from December 1, 2004, to April 14, 2005.

Hon. Mr. Green, Government House Leader, announced that with the unanimous consent of the House to dispense with Private Members’ Motions, it was the intention of government that following third reading, the House would resolve itself into a Committee of the Whole to consider Bills 11 and 22. It was agreed by unanimous consent to dispense with the time allotted for Private Members’ Motions.

The following Bill was read a third time: Bill 36, An Act to Amend the Liquor Control Act. Ordered that the said Bill does pass.

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. At 3.55 o’clock p.m., the Chairman declared a recess and left the chair. 4 o’clock p.m. The Committee resumed with Mr. Holder in the chair. 114 53-54 Elizabeth II, 2004-2005 April 14

At 5 o’clock p.m., the Chairman declared a recess and left the chair. 5.26 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 the Committee had directed that he report the following Bill as agreed to: Bill 11, An Act Respecting Rural Communities. That the Committee had directed him to report the following Bill agreed to as amended: Bill 22, 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 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 11 and 22 be read a third time forthwith.

The following Bills were read a third time: Bill 11, An Act Respecting Rural Communities. Bill 22, An Act to Amend the Legal Aid Act. Ordered that the said Bills do pass.

Her Honour, the Administrator, 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 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 and Committee Clerk then read the titles of the Bills as follows: Bill 11, An Act Respecting Rural Communities. April 14 Journal of Assembly 115

Bill 22, An Act to Amend the Legal Aid Act. Bill 36, An Act to Amend the Liquor Control Act. Her Honour signified Her Assent as follows: It is the Queen’s wish. La reine le veut. To these Bills, Her Honour’s assent was announced by the Clerk Assistant and Clerk of Committees of the Legislative Assembly in the following words: In Her Majesty’s name, Her Honour the Administrator assents to these Bills, enacting the same and ordering them to be enrolled. Her Honour then retired and Mr. Speaker resumed the chair.

And then, 5.45 o’clock p.m., the House adjourned. 116 53-54 Elizabeth II, 2004-2005 April 15

Friday, April 15, 2005. 10 o’clock a.m. Prayers. The Order of the Day for resuming the adjourned debate on the amendment to the motion (Motion 39), THAT this House approves in general the budgetary policy of the government, having been read, The debate was resumed, and, after some time, the proposed amendment was negatived. And the question being put on the main motion, it was resolved in the affirmative.

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.

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.

Hon. Mr. Green requested that Mr. Speaker revert to Government Motions for the Ordering of the Business of the House. April 15 Journal of Assembly 117

On motion of Hon. Mr. Green, seconded by Hon. Mr. Lord, RESOLVED, that consideration of Estimates 2005-2006 in Committee of Supply be added to the Orders of the Day until such time as they are dispatched.

And then, 11.33 o’clock a.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 64 April 14, 2005 118 53-54 Elizabeth II, 2004-2005 April 26

Tuesday, April 26, 2005. 1 o’clock p.m. Prayers. Mr. Speaker drew the attention of Members to the return of the magnificent chandeliers after a two-year restoration project: STATEMENT BY SPEAKER Honourable Members, As Members of the Legislative Assembly, we are privileged to work in one of the oldest and most beautiful Legislative Buildings in Canada. Built in the 1880s, this building continues today as a functioning working historic site that we, as elected representatives, hold in trust for the people of New Brunswick. Restoration of the building has been ongoing during the past 25 years. Today, I am delighted to draw your attention to the return of our magnificent chandeliers after a two-year restoration project. These wonderful old converted gas fixtures are original to the building and have been providing illumination to the proceedings in this Chamber for over 125 years. Manufactured by Mitchell & Vance Company of New York, they are made of red brass and adorned with lead crystal prisms and shades. Both fixtures have been structurally improved, repaired, restored and cleaned. Much effort has gone into rehabilitation of the brass framework and decorative metals and replacement of a number of crystal prisms of the South Chandelier which was extensively damaged in 2002. Every effort was made by the restoration contractor to preserve existing elements of the fixtures. The only primary elements that have been replaced are the main structural stems which support all components of the fixtures and the main lighting hubs which are more in keeping with the original character of the original gas lighting rings. The raising and lowering equipment now includes two main support cables, one of which extends to the bottom of the fixtures and is fully enclosed within the structural support stem. Each chandelier is supported by three independent structural systems, greatly increasing the level of safety. An added feature will allow staff to dim the chandelier lighting when the Legislature is not in session to recreate the lighting levels and ambiance that existed when these fixtures were illuminated by gas. April 26 Journal of Assembly 119

The chandelier restoration project which was overseen by a team of dedicated professionals has ensured that these rare treasures are protected and safe for generations to come. Later this summer, the remainder of the crystal prisms will be added to complete the work on both fixtures.

The Honourable the Premier recognized Cardinal Joseph Ratzinger of Germany, now Pope Benedict XVI, who was recently elected the new pope.

Mr. Carr from the Standing Committee on Law Amendments presented the Second Report of the Committee, which was read and is as follows: April 26, 2005. To The Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: I have the pleasure to present herewith the Second Report of the Standing Committee on Law Amendments for the session. The Report is the result of your Committee’s deliberations on Bill 2, Volunteer Protection Act, and Bill 5, An Act to Amend the Workers’ Compensation Act, which were introduced in the Legislative Assembly during the previous session of the Legislature and referred to your Committee for its consideration. I would like to thank the members of the Committee for their contribution in carrying out our mandate. And your Committee begs leave to make a further report. Respectfully submitted, (Sgd.:) Jody Carr, M.L.A. Chairman Ordered that the report be received. The full report of the Committee as presented is as follows: April 26, 2005. To The Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: 120 53-54 Elizabeth II, 2004-2005 April 26

Your Standing Committee on Law Amendments begs leave to submit this their Second Report of the session. On July 30, 2003, during the First Session of the Fifty-fifth Legislature, Bill 2, Volunteer Protection Act, was introduced in the Legislative Assembly by Mr. S. Graham, Leader of the Opposition and Member for Kent. The proposed legislation is intended to encourage volunteerism by protecting volunteers from liability for damages caused when acting within the scope of their responsibilities. On August 1, 2003, by Resolution of the House, consideration of Bill 2 was referred to the Standing Committee on Law Amendments. On August 5, 2003, during the First Session of the Fifty-fifth Legislature, Bill 5, An Act to Amend the Workers’ Compensation Act, was introduced in the Legislative Assembly by Mr. S. Graham, Leader of the Opposition and Member for Kent. The proposed legislation attempts to accomplish two main objectives: firstly, to extend loss of earnings benefits to volunteer firefighters who are unemployed; secondly, to legislate the presumption that certain types of cancers are occupational diseases, the dominant cause of which is the employment as a firefighter. On August 7, 2003, by Resolution of the House, consideration of Bill 5 was referred to the Standing Committee on Law Amendments. On January 29, 2004, your Committee met with officials from the Department of Justice to discuss the merits of Bill 2 and officials from the Department of Training and Employment Development to discuss the merits of Bill 5. On September 17, 2004, your Committee held further deliberations on both Bills. On October 7 and November 30, 2004, your Committee held further deliberations on Bill 5, which included meeting with representatives from the Workplace Health, Safety, and Compensation Commission (WHSCC); the New Brunswick Association of Fire Chiefs; and the Atlantic Provinces Professional Fire Fighters Association. Your Committee wishes to note that both Bill 2 and Bill 5 have since died on the Order and Notice Paper as the First Session of the Fifty- fifth Legislature came to an end when the Legislative Assembly was prorogued on December 2, 2004. Nonetheless, the mandate of your Committee to review the subject matter of the Bills remains in effect. Your Committee is pleased to offer its recommendations. SUMMARY OF FINDINGS AND RECOMMENDATIONS Bill 2, Volunteer Protection Act The objective of Bill 2, Volunteer Protection Act, is to protect volunteers April 26 Journal of Assembly 121 from being personally liable for damages caused by them, if the damages were incurred while the volunteer was performing his or her duties, and the volunteer’s actions were not caused by such factors as criminal misconduct or gross negligence. Generally, the Bill attempts to provide legal protection to people who give their time and efforts, free of charge, to worthwhile causes and organizations. Your Committee is in agreement that the intent of the Bill is admirable and the contributions of volunteers should be applauded and protected. Your Committee supports initiatives designed to encourage volunteerism and agrees in principle that the Legislative Assembly should seek to remove obstacles that may discourage New Brunswickers from volunteering. However, your Committee does not recommend the enactment of Bill 2. Your Committee is in agreement that Bill 2, in its current form, does not adequately accomplish its objectives and requires revision. Your Committee therefore recommends that Bill 2, Volunteer Protection Act, not be proceeded with. Bill 5, An Act to Amend the Workers’ Compensation Act The first objective of Bill 5 is to create loss of earnings benefits for all volunteer firefighters, whether they are employed in another profes- sion or not. To accomplish this objective, the Province, who is deemed by the Bill to be the employer of all volunteer firefighters, shall select an amount to represent the average earnings of volunteer firefighters. Once the average earnings are determined, if a volunteer firefighter suffers an injury arising out of his or her employment as a firefighter, the volunteer is entitled to compensation based on the amount selected as the average earnings. Currently, if a volunteer firefighter is injured in the course of volunteering as a firefighter, the volunteer is entitled to compensation based on the amount he or she receives at their regular employment. If the volunteer is unemployed, the compensation would not include loss of earnings benefits, as the volunteer would generally only be entitled to medical and rehabilitation benefits. Therefore, if Bill 5 is enacted, all volunteers, whether employed or unemployed, would be entitled to loss of earnings benefits. However, volunteers who have a salary at their regular employment which is higher than the amount selected by the Province as the average earnings of volunteer firefighters, may, in certain circumstances, receive inadequate compensation. The second objective of Bill 5 is to create a presumptive provision stating that if full-time firefighters are diagnosed with certain types of cancers, it will be deemed to be an occupational disease, the domi- 122 53-54 Elizabeth II, 2004-2005 April 26 nant cause of which is the employment as a firefighter. The presumption only applies to a worker who has been a full-time firefighter for a minimum period of time prescribed by regulation and has been regu- larly exposed to the hazards of a fire scene. As for volunteer firefighters, the Bill requires the WHSCC to conduct research and prepare a report to determine if the cancers listed in the Bill can be characterized as occupational diseases for volunteer or part-time firefighters. Your Committee is in agreement that firefighters, whether they be full-time, part-time or volunteer, provide an invaluable service to the Province of New Brunswick. These individuals risk their lives in the face of danger to protect all New Brunswickers, and if an injury or illness arises in the course of their contribution, all the necessary steps should be taken to ensure that these individuals are adequately compensated for their efforts. As such, your Committee, given the evidence presented, supports in principle the presumptive provision related to certain types of cancers for full-time firefighters, and is also of the opinion that further research should be conducted with respect to its application to volunteer firefighters. However, your Committee does not recommend Bill 5, in its current form, as it does not adequately accomplish its objectives, particularly those related to the loss of earnings provisions, and requires revision. Your Committee therefore recommends that Bill 5, An Act to Amend the Workers’ Compensation Act, not be proceeded with. Ordered that the Report be received and leave be granted and the Committee continued.

The following Bill was introduced and read a first time: By Mr. MacIntyre, Bill 38, An Act Respecting the Regional Health Authorities Act. Ordered that the said Bill be read a second time at the next sitting.

Mr. Speaker cautioned Members to be careful in their choice of words and to avoid any use of words which might be deemed unparliamentary.

Mr. Albert gave Notice of Motion 70 that on Tuesday, May 3, 2005, 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 April 26 Journal of Assembly 123

House all information concerning the signing on January 24, 2001, of the three-year Agreement on Official Languages in Education and the amounts of investments by the government of Canada provided for in the agreement as well as the amounts promised by the government of New Brunswick, including all correspondence, memos, e-mails, faxes, agreements, contracts, and information about the amounts of money invested in order to support minority language education and second language education at the primary, high school, college, and university levels, and a breakdown of these amounts.

Mr. Albert gave Notice of Motion 71 that on Tuesday, May 3, 2005, 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 documents, correspondence, memos, e-mails, and faxes about labour mobility between the province of Quebec and New Brunswick, including the number of meetings held between May 1, 2003, and April 26, 2005.

Mr. Arseneault gave Notice of Motion 72 that on Tuesday, May 3, 2005, 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 statistical information gathered by the Department of Tourism and Parks from the NB Tourism and Parks Communications Centre (1-800-565-0123) as well as all statistical information gathered by the Department of Tourism and Parks on the NB Tourism Website (www.tourismnewbrunswick.ca and eauchaude.ca) on a monthly basis since January 2004.

Hon. Mr. Green, Government House Leader, announced that following the two hours reserved for Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Supply and Services.

Pursuant to Notice of Motion 67, Mr. Foran, seconded by Mr. Murphy, moved the following resolution: 124 53-54 Elizabeth II, 2004-2005 April 26

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. 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, Mr. C. LeBlanc took the chair. And after some time, Mr. Holder resumed the chair. And the debate being ended and the question being put, Motion 67 was carried 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 deemed laid upon the Table of the House, pursuant to Standing Rule 39: Public Accounts for the fiscal year ended 31 March 2004 - Volume 4 April 19, 2005 Documents requested in Notice of Motion 55 April 15, 2005 Documents requested in Notice of Motion 57 April 18, 2005 April 27 Journal of Assembly 125

Wednesday, April 27, 2005. 10 o’clock a.m. Prayers. Hon. Mr. Mockler welcomed to the House Mr. Nobutaka Shinomiya, Consul General of Japan in Montreal and Mr. Wahito Yamada, Vice- Consul. Mr. S. Graham joined with Mr. Mockler in this regard.

Mr. Speaker noted the presence in the Gallery of a number of exchange students from China.

Mr. Williams from the Select Committee on Health Care presented the First Report of the Committee, which was read and is as follows: April 27, 2005. To The Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: I have the pleasure to present herewith the First Report of the Select Committee on Health Care for the Session. The Report is the result of your Committee’s deliberations on Bill 60, Health Charter of Rights and Responsibilities Act, which was introduced in the Legislative Assembly during the Fifth Session of the Fifty- fourth Legislature and referred to your Committee for its consideration by the Minister of Health and Wellness during the current Fifty-fifth Legislature. The Report outlines your Committee’s recommendation on the issue of legislating certain rights and responsibilities for New Brunswickers with respect to the health care services offered in the province. On behalf of the Committee, I wish to thank the presenters who appeared at the public hearings and those individuals and groups who submitted written briefs. In addition, I would like to express my sincere appreciation to the members of the Committee for their contribution in carrying out our mandate. And your Committee begs leave to make a further report. Respectfully submitted, (Sgd.:) Claude Williams, M.L.A. Chairman 126 53-54 Elizabeth II, 2004-2005 April 27

Ordered that the report be received. The full report of the Committee as presented is as follows: April 27, 2005. To The Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: Your Select Committee on Health Care begs leave to submit this their First Report of the Session. On April 8, 2003, during the Fifth Session of the Fifty-fourth Legislature, Bill 60, Health Charter of Rights and Responsibilities Act, was introduced in the Legislative Assembly by the Honourable Elvy Robichaud, Minister of Health and Wellness. The proposed legislation attempts to balance the rights and responsibilities of New Brunswickers within the health care system. Among the rights accorded to New Brunswickers in the proposed Act are the right to timely access of health care services, the right to make informed decisions on health care, the right to receive relevant health care information and the right to the investigation of complaints. Some of the individual responsibilities are for New Brunswickers to participate in their own health care decisions, to use health care services in a reasonable manner and to engage in healthy lifestyle choices. To ensure the health charter is applied and respected, the proposed Act creates the office of the Health and Wellness Advocate. The advocate’s office is designed to enhance New Brunswickers’ access to and communication with the health care system. It will address questions, issues, concerns and complaints in all services under the scope and mandate of the Department of Health and Wellness and the regional health authorities, as well as issues with health professionals. On April 9, 2003, by Resolution of the House, consideration of Bill 60 was referred to the Select Committee on Health Care. On May 10, 2003, a proclamation dissolved the Fifty-fourth Legislature and ordered the issue of writs of election for June 9, 2003. Accordingly, Bill 60, and its referral to the Select Committee on Health Care, died on the Order and Notice Paper. Following the provincial election and the appointment of a new Select Committee on Health Care by the Legislative Assembly, the Committee met in an organizational session on August 5, 2003. On motion of Mr. Malley, Mr. Williams was elected Chairman, and Mr. Sherwood was elected Vice-Chairman. April 27 Journal of Assembly 127

By letter dated December 4, 2003, the subject matter of Bill 60 was again referred to the Select Committee on Health Care by the Honourable Elvy Robichaud, Minister of Health and Wellness. This referral forms the basis of your Select Committee on Health Care’s First Report to the Second Session of the Fifty-fifth Legislature. On February 19, 2004, your Committee was briefed on the subject matter of Bill 60 by representatives from the Department of Health and Wellness. Your Committee held further meetings on the Bill on November 12 and December 1, 2004, and February 17, 2005. Your Committee determined that members of the public should be invited to provide input and advice to the Committee with respect to the issues raised by Bill 60. Public hearings were held on February 22, March 1, 2, and 3, 2005, in the following locations: Miramichi, Dieppe, Saint John, and Fredericton. A total of 34 written submissions were received by your Committee. Your Committee expresses appreciation to the presenters who appeared at the public hearings and to those individuals and organizations who submitted written briefs. SUMMARY OF FINDINGS Your Committee has reviewed the provisions of the Health Charter of Rights and Responsibilities Act and considered the written submissions received and the presentations made at the public hearings. As a result of its review, your Committee has determined that the following issues should be addressed: Scope of the Act; Rights and Responsibilities; and Health and Wellness Advocate. Scope of the Act The rights and responsibilities accorded by Bill 60 apply to the New Brunswick health care system, which includes the health care services provided by the Department of Health and Wellness, the regional health authorities, and medical practitioners and other health care professionals who are paid for by the Department of Health and Wellness. However, the Bill also states that it does not limit the authority of the government to determine what health care services will form part of the New Brunswick health care system, nor does it limit the authority of the government to determine when, where or to what extent those services will be provided. Respondents expressed apprehension over the discretion provided to the government to determine what health care services will form part of the New Brunswick health care system, and when, where or to what extent those services will be provided. Respondents were of the opinion that this discretion is contrary to the Report from the 128 53-54 Elizabeth II, 2004-2005 April 27

Premier’s Health Quality Council, and appears to limit the rights contained in the Bill. Many respondents believed that the government should not have the discretion to modify or take away rights, which is how these respondents interpreted the discretionary provision. Respondents noted that the rights and responsibilities set out in the Bill are subject to the financial, human and material resources available. Respondents expressed concern that this would absolve a regional health authority from any responsibility if the rights of an individual were not reasonably adhered to. In addition, respondents submitted that nursing homes and long term care residents should specifically be included in the application of the Bill. Respondents also suggested that the government consider the inclusion of home and residential care in the Bill. Rights and Responsibilities Bill 60 provides the following rights to New Brunswickers: the right to timely access of health care services; the right to receive relevant health care information; the right to make informed decisions on health care; the right to safe, comfortable and considerate attention; and the right to the investigation of complaints. The Bill contains the following responsibilities for New Brunswickers: a responsibility to use health care services in a reasonable manner; to learn about and make healthy lifestyle choices; to share appropriate health information with health care providers; to inform health care providers of communication requirements; to participate actively in health care decisions and to communicate those decisions; to treat others with courtesy and consideration; and to use complaint mechanisms appropriately. Respondents were generally of the opinion that a charter of rights and responsibilities in the health care system is a positive step forward in ensuring that New Brunswickers receive the health care system they deserve, while acknowledging that everyone has a responsibility to use the system in a reasonable manner. However, respondents submitted that the Bill could go further in protecting the rights of New Brunswickers and could be less onerous when it comes to the responsibilities of New Brunswickers, particularly seniors, or those unable to adequately participate in their own health care decisions. A. Rights Respondents submitted that the Bill should include a right to receive health care services in an individual’s preferred official language. April 27 Journal of Assembly 129

While the Bill does make reference to the Official Languages Act in the preamble, respondents suggested that this important right warrants inclusion in the main body of the Bill. Respondents noted that the preamble of the Bill makes reference to the five principles outlined in the Canada Health Act, namely, public administration, comprehensiveness, universality, portability, and accessibility. Respondents suggested these principles should be incorporated into the main body of the Bill. In particular, respondents suggested that the Bill should ensure universal health care for all New Brunswickers and address the privatization of certain health care services. Some respondents who appeared before your Committee took this opportunity to express their concerns with respect to their perception of the current status of the health care system in New Brunswick. These respondents were generally of the opinion that the health charter may be beneficial if it improves the health care system for all New Brunswickers. However, some respondents questioned whether the right to timely access of health care services is being adhered to under the current health care system. These respondents were of the opinion that there is a shortage of physicians and nurses in the province, a shortage of beds and unreasonable waiting times in hospitals, and a lack of emergency and ambulance services in rural areas. These factors, it was submitted, conflicted with the right to timely access of health care services and should be addressed in the Bill. Respondents noted that the right to timely access to health care services includes the right to have primary health care services accessible at all times. Respondents suggested that a more detailed definition of “primary health care services” may be required to avoid any confusion or ambiguity. Respondents noted that the right to receive relevant health care information includes the right to receive copies of a patient record on payment of a reasonable fee. These respondents suggested this is contrary to the Report from the Premier’s Health Quality Council, which provides the right to access health records at no cost. In addition, respondents submitted that it is not clear who would be responsible for providing the relevant health care information. Respondents questioned whether the right to safe, comfortable and considerate attention is being adhered to under the current health care system. Respondents cited examples of male and female patients being required to cohabitate in the same hospital room, and other patients having to wait for rooms to become available. These 130 53-54 Elizabeth II, 2004-2005 April 27 respondents were of the belief that these circumstances conflicted with the right to safe and comfortable attention and should be addressed in the Bill. Respondents questioned whether the right to the investigation of complaints was being adhered to under the current health care system. These respondents were of the opinion that patients, particularly seniors, are often afraid to make complaints, or are discouraged by hospital staff from registering complaints. These respondents were of the belief that these circumstances conflicted with the right to the investigation of complaints and should be addressed in the Bill. In addition, respondents submitted that the Bill should require a uniform policy on how all regional health authorities respond to complaints across the province. Respondents expressed the belief that if the rights outlined in the Bill are recognized and enforced, then the Bill would have a beneficial effect on the quality of care provided by the health care system. Respondents agreed that all New Brunswickers deserve access to appropriate health care services, relevant health care information, and informed decision making. B. Responsibilities Respondents expressed concern over the responsibility to learn about and to make healthy lifestyle choices. Respondents felt this responsibility was vague and were wary of any possible repercussions for individuals who do not adhere to this responsibility. Similarly, respondents expressed concern over the provision in the Bill that allows for the failure of an individual to meet his or her responsibilities to be taken into consideration when deciding whether the individual’s rights have been properly recognized. Respondents expressed concern over the responsibilities to communicate and participate actively in health care decisions. Respondents were concerned that seniors with diminished mental capacity, and those individuals physically or mentally ill, mentally incapacitated, or with literacy or communication difficulties may not be able to meet these responsibilities. Respondents submitted that these issues should be clarified in the Bill. In addition, respondents specifically made reference to situations where the patient and attending physician do not speak the same official language and the resulting difficulty placed on the patient to communicate his or her health care decisions. Respondents noted that the responsibility to communicate health care decisions includes a responsibility to designate a substitute April 27 Journal of Assembly 131 decision-maker when appropriate. Respondents submitted that in order to avoid any ambiguities or legal difficulties the term “substitute decision-maker” should be clearly defined, particularly the inclusion of any age requirements. Respondents also questioned whether a power of attorney should be provided for in the Bill and suggested that the Bill should specify who may be allowed access to health care records on behalf of an individual. Health and Wellness Advocate Respondents viewed the appointment of a Health and Wellness Advocate as a positive initiative if it aids in the recognition and enforcement of the rights and responsibilities outlined in the Bill. Respondents were also in agreement that the independence of the advocate is preferable to the current situation where an advocate is employed by their respective regional health authority. In addition, all respondents agreed there is a need for a provincial advocate. However, some respondents suggested that there may also be a need for an advocate assigned to each regional health authority, while other respondents felt the provincial advocate would suffice. In addition, the Office of the Ombudsman appeared before the Committee and suggested that it could perform the duties of the advocate, which, it was submitted, may result in a more efficient use of expenditures. Respondents submitted that the advocate’s duties should not only include the promotion of measures to improve the health and wellness of New Brunswickers, but it should also include the promotion of preventative measures to limit the risk of unhealthy environments. In general, respondents were of the opinion that the advocate’s duties appear to be limited. Respondents noted that the advocate is required to submit an annual report to the Legislative Assembly and suggested it may be beneficial to require a government response to the advocate’s report. Respondents expressed concern over the advocate’s investigatory powers when attempting to resolve a complaint. In particular, respondents suggested that the advocate be provided with the ability to obtain information similar to that provided to the Auditor General in the Auditor General Act, which grants the authority to access all documents that the Auditor General considers necessary to conduct an investigation. In addition, respondents suggested that the advocate should not only have the authority to investigate individual complaints, but the advocate should also have the authority to investigate community or group complaints. 132 53-54 Elizabeth II, 2004-2005 April 27

Respondents questioned whether the advocate would have enough authority to adequately enforce the Bill once enacted. Respondents submitted that the Bill does not appear to contain any serious sanctions if the Department of Health and Wellness or a regional health authority refuses to follow the advocate’s recommendations, nor are there any remedies available to the complainant. Respondents noted that the complainant may apply to The Court of Queen’s Bench for a declaration, but submitted this is often an expensive process and suggested a more inexpensive alternative, similar to what is followed in the Right to Information Act. RECOMMENDATION Your Committee therefore recommends that the Legislative Assembly urge the government to consider the advisability of introducing a revised version of the Health Charter of Rights and Responsibilities Act taking into consideration the comments and submissions of New Brunswickers summarized in this Report. CONCLUSION Your Committee gave serious consideration to the advice and input received through the public consultation process. Your Committee believes that any legislation enacted to provide certain rights and responsibilities with respect to the health care services offered in the province must be clear and comprehensive, and fair for all New Brunswickers. Your Committee believes that the comments and submissions summarized in this report will assist in achieving that result. Ordered that the Report be received and leave be granted and the Committee continued.

Following Statements by Members, Mr. Speaker informed the House that it is permissible to refer to the government as the “Lord Government” despite the prohibition against the use of Members’ names.

Following Oral Questions, Mr. Speaker reminded Members that supplementary questions should be on the same subject matter as the original question.

Mr. V. Boudreau gave Notice of Motion 73 that on Tuesday, May 3, 2005, he would move the following resolution, seconded by Mr. MacIntyre: April 27 Journal of Assembly 133

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 number for each regional health authority of those waiting for surgery on the dates of December 31, 2003, and December 31, 2004, in each of the following surgical specialties: general surgery; eye surgery; ear, nose and throat; orthopedic; plastic surgery, neurosurgery; gynaecology; urology, and vascular surgery.

Mr. V. Boudreau gave Notice of Motion 74 that on Tuesday, May 3, 2005, 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 the number of nurses in each of the categories: full-time, part- time, and casual, for each of the regional health authorities as of each of the following dates: December 31, 2003, and December 31, 2004.

Mr. Paulin gave Notice of Motion 75 that on Tuesday, May 3, 2005, he would move the following resolution, seconded by Mr. Foran: WHEREAS the government has promised a reply to the Report of the Select Committee on Wood Supply; and WHEREAS eight months later, nothing has happened; BE IT RESOLVED THAT on Wednesday, May 11, 2005, the Legislative Assembly dedicate the full sitting day following Routine Business to a debate on the government’s response to the Report of the Select Committee on Wood Supply.

Mr. Lamrock gave Notice of Motion 76 that on Tuesday, May 3, 2005, he would move the following resolution, seconded by Mr. Allaby: WHEREAS the Premier has committed to involve the Legislative Assembly in consideration of the Final Report of the Commission on Legislative Democracy; and WHEREAS three months later, nothing has happened; BE IT RESOLVED that the Legislative Assembly direct the Standing Committee on Procedure to study Chapter 4 of the Final Report of the Commission on Legislative Democracy.

Hon. Mr. Green, the Government House Leader, announced that following second reading, it was the intention of the government 134 53-54 Elizabeth II, 2004-2005 April 27 that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Justice, followed by the estimates of the Aboriginal Affairs Secretariat.

The Order being read for second reading of Bill 38, 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. And after some further time, Mr. Speaker resumed the chair. And the debate being ended and the question being put, the House divided as follows: YEAS - 26 Mr. McGinley Mr. Albert Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Kennedy Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Haché Mr. Burke Mr. R. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. V. Boudreau Mr. Branch Mr. Arseneault NAYS - 26 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 Mr. Sherwood Hon. Mr. Huntjens There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative. Accordingly, the motion that Bill 38 be now read a second time was negatived on the casting vote of the Speaker. Mr. S. Graham requested that Mr. Speaker state any reasons for casting his vote as he did. April 27 Journal of Assembly 135

Mr. Speaker advised that when casting a deciding vote, the Speaker is not obliged to give reasons, but may give reasons if he feels it is essential or necessary.

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 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. At 4.38 o’clock p.m., the Chairman declared a recess and left the chair. 4.50 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: MAIN ESTIMATES, 2005-2006 ORDINARY ACCOUNT DEPARTMENT OF JUSTICE Resolved, That there be granted to Her Majesty a sum not exceeding $44,995,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Administration and Planning ...... 4,089,000 Attorney General ...... 13,048,000 Court Services ...... 19,900,000 Justice Services ...... 2,612,000 Legal Aid ...... 5,384,000 Less amounts authorized by law ...... 38,000 Voted ...... 44,995,000 136 53-54 Elizabeth II, 2004-2005 April 27

WORKING CAPITAL – MAXIMUM BALANCES VOTED WORKING CAPITAL ADVANCES Justice ...... 650,000 PETTY CASH ADVANCES Justice ...... 30,000 The said items were concurred in by the House.

And then, 6.06 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: Annual Report 2004 Aboriginal Affairs Secretariat April 26, 2005 Documents requested in Notice of Motion 58 April 22, 2005 Documents requested in Notice of Motion 69 April 26, 2005 April 28 Journal of Assembly 137

Thursday, April 28, 2005. 1 o’clock p.m. Prayers. Mr. V. Boudreau, Member for Shediac—Cap-Pelé, laid upon the table of the House a petition signed by citizens who are in favour of Gilligan’s B&G. (Petition 28)

Mr. Landry, Member for Centre-Péninsule, laid upon the table of the House a petition signed by residents of the Sainte-Rose area regarding the state of a stretch of Route 355 after heavy rainfall in the spring and fall and urging the government to improve and chipseal the highway. (Petition 29)

Hon. Mr. Mockler welcomed to the House Mr. Jean Dubé, Progressive Conservative Member of Parliament for Madawaska- Restigouche (1997-2000), and Member of the Legislative Assembly of New Brunswick for Campbellton (2001-2003).

The following Bills were introduced and read a first time: By Hon. Mr. Steeves, Bill 39, An Act to Amend the Emergency 911 Act. Bill 40, An Act to Amend the Victims Services Act. By Hon. Mr. Ashfield, Bill 41, An Act to Amend the Forest Products Act. By Hon. Mr. Green, Bill 42, An Act to Amend the Marital Property Act. Bill 43, An Act to Repeal the Marine Insurance Act. Bill 44, An Act to Amend the Assignments and Preferences Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. Jamieson gave Notice of Motion 77 that on Thursday, May 5, 2005, he would move the following resolution, seconded by Mr. V. 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 the Chaleur Area Health Study prepared for the Department of Health and Wellness during 2004. 138 53-54 Elizabeth II, 2004-2005 April 28

Pursuant to Notice of Motion 68, Mr. Jamieson, seconded by Mr. MacIntyre, moved the following resolution: WHEREAS environmental health, particularly for children, has been an international priority for the G8 countries since 1997; AND WHEREAS there is now sufficient scientific evidence that prenatal or childhood exposures to chemicals result in neuro- developmental conditions such as cognitive deficits, motor deficits, visual or hearing deficits, and cerebral palsy, as well as anaemia, attention deficit hyperactivity disorder and renal dysfunction abnormalities; AND WHEREAS citizens of New Brunswick in many areas of the province have expressed concerns regarding environmental impacts on their health and the health of their children as they relate to the air they breathe, the water they drink and the rivers, lakes, ocean habitat and soil which they depend on for their food production; BE IT THEREFORE RESOLVED that the Legislative Assembly direct the Select Committee on Health Care to hold public hearings throughout the province to ascertain the extent and sources of negative environmental impacts on the health of New Brunswickers. 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. Holder took the chair. And the debate being ended and the question being put, Motion 68 was negatived.

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. 140 53-54 Elizabeth II, 2004-2005 April 29

Friday, April 29, 2005. 10 o’clock a.m. Prayers. Hon. Mr. Green, the Government House Leader, announced that following second reading of Bills, it was the intention of the government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Office of the Premier, Executive Council, Regional Development Corporation, New Brunswick Advisory Council on Youth, Premier’s Council on the Status of Disabled Persons, and Communications New Brunswick.

It was agreed by unanimous consent to vary the hours of sitting, to recess from 12.30 to 1 o’clock p.m., and to sit no later than 4.30 o’clock pm.

The Order being read for second reading of Bill 39, An Act to Amend the Emergency 911 Act, a debate arose thereon. And after some time, it was agreed by unanimous consent that the House revert to Statements by Ministers and Hon. Ms. Poirier, Minister of Human Resources, delivered a statement regarding negotiations with the province’s teachers. Debate resumed on the motion that Bill 39 be now read a second time. And the debate being ended and the question being put, it was resolved in the affirmative. Accordingly, Bill 39, An Act to Amend the Emergency 911 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 40, An Act to Amend the Victims Services Act, a debate arose thereon. And the debate being ended and the question being put that Bill 40 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 40, An Act to Amend the Victims Services 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 41, An Act to Amend the Forest Products Act, a debate arose thereon. April 29 Journal of Assembly 141

And the debate being ended and the question being put that Bill 41 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 41, An Act to Amend the Forest Products 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 42, An Act to Amend the Marital Property Act, a debate arose thereon. And the debate being ended and the question being put that Bill 42 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 42, An Act to Amend the Marital Property 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 43, An Act to Repeal the Marine Insurance 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 Repeal the Marine Insurance 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, An Act to Amend the Assignments and Preferences 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, An Act to Amend the Assignments and Preferences 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, the Chairman declared it to be 12.30 o’clock p.m. and 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. C. LeBlanc resumed the chair. 142 53-54 Elizabeth II, 2004-2005 April 29

And after some further 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 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, 2005 - 2006 ORDINARY ACCOUNT OFFICE OF THE PREMIER Resolved, That there be granted to Her Majesty a sum not exceeding $1,065,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Administration ...... 1,122,000 Less amounts authorized by law ...... 57,000 Voted ...... 1,065,000 EXECUTIVE COUNCIL OFFICE Resolved, That there be granted to Her Majesty a sum not exceeding $3,254,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Executive Council Secretariat ...... 1,862,000 Office of the Lieutenant-Governor ...... 311,000 Women’s Issues Branch ...... 1,081,000 Less amounts authorized by law ...... 0 Voted ...... 3,254,000 REGIONAL DEVELOPMENT CORPORATION Resolved, That there be granted to Her Majesty a sum not exceeding $39,956,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Development Projects and Operations ...... 39,956,000 Less amounts authorized by law ...... 0 Voted ...... 39,956,000 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 ...... 258,000 New Brunswick Advisory Council on Youth ...... 149,000 Communications New Brunswick ...... 1,673,000 April 29 Journal of Assembly 143

The said items were concurred in by the House.

And then, 4.08 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: Annual Report 2004 New Brunswick Tire Stewardship Board April 28, 2005 144 53-54 Elizabeth II, 2004-2005 May 3

Tuesday, May 3, 2005. 1 o’clock p.m. Prayers. Mr. Jamieson, Member for Saint John-Fundy, laid upon the table of the House a petition signed by students of Simonds High School urging the government to return to the negotiating table to mediate a contract with the Teachers’ Union of New Brunswick. (Petition 30)

Hon. E. Robichaud laid upon the table of the House a document entitled Research Project on Deaths by Suicide in New Brunswick between April 2002 and May 2003, Douglas Hospital Research Centre, April 2005.

Mr. Speaker extended his appreciation to those Members and staff of the Legislative Assembly who participated in the 16th Annual Student Legislative Seminar held during the past weekend.

Hon. Mr. Green, the Government House Leader, announced that following the two hours reserved for Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Business New Brunswick.

Pursuant to Notice of Motion 75, Mr. Paulin, seconded by Mr. Foran, moved the following resolution: WHEREAS the government has promised a reply to the Report of the Select Committee on Wood Supply; and WHEREAS eight months later, nothing has happened; BE IT RESOLVED THAT on Wednesday, May 11, 2005, the Legislative Assembly dedicate the full sitting day following Routine Business to a debate on the government’s response to the Report of the Select Committee on Wood Supply. 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 after some time, the debate being ended and the question being put, Motion 75 was negatived. May 3 Journal of Assembly 145

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

Wednesday, May 4, 2005. 10 o’clock a.m. Prayers. Following Congratulatory Messages, Mr. Speaker reminded Members that this item of business is not to be used to criticize government actions.

Mr. Allaby gave Notice of Motion 78 that on Tuesday, May 10, 2005, she would move the following resolution, seconded by Mr. Lamrock: BE IT RESOLVED that this Legislature urge the government to table with the House, within 30 days of receiving them, the final reports and all supporting methodological documents for any poll, focus groups, or public opinion research, for which funds have been paid by the government of New Brunswick or any New Brunswick Crown Corporation.

Hon. Mr. Green, the Government House Leader, announced that following the two hours reserved for Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to begin consideration the estimates of the Department of Training and Employment Development.

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. 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 3.22 o’clock p.m., the Chairman declared a recess and left the chair. 3.27 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. At 4.11 o’clock p.m., the Chairman declared a recess and left the chair. May 4 Journal of Assembly 147

4.16 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 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, 2005-2006 ORDINARY ACCOUNT DEPARTMENT OF TRAINING AND EMPLOYMENT DEVELOPMENT Resolved, That there be granted to Her Majesty a sum not exceeding $194,079,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Corporate Services ...... 68,771,000 Adult Learning and Skills ...... 7,712,000 Labour and Legislative Development ...... 3,283,000 Employment Development ...... 22,880,000 Labour Market Development ...... 91,471,000 Less amounts authorized by law ...... 38,000 Voted ...... 194,079,000 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, 2006: Labour and Employment Board ...... 594,000 WORKING CAPITAL – MAXIMUM BALANCES VOTED WORKING CAPITAL ADVANCES Workplace Health, Safety and Compensation Commission ...... 1,080,000 PETTY CASH ADVANCES Training and Employment Development ...... 20,000 INVENTORIES Training and Employment Development ...... 1,250,000 The said items were concurred in by the House. 148 53-54 Elizabeth II, 2004-2005 May 4

And then, 4.08 o’clock p.m., the House adjourned.

Thursday, May 5, 2005. 1 o’clock p.m. Prayers. Mr. MacIntyre, Member for Saint John Champlain, laid upon the table of the House a petition signed by residents of the Saint John area urging the government to debate in the Legislative Assembly the issue of whether the Saint John City Council has the authority to give approval for tax concessions in the LNG matter. (Petition 31)

Mr. Jamieson, Member for Saint John Fundy, laid upon the table of the House a petition signed by residents of the Saint John area urging the government to debate in the Legislative Assembly the issue of whether the Saint John City Council has the authority to give approval for tax concessions in the LNG matter. (Petition 32)

Mr. A. LeBlanc, Member for Saint John Lancaster, laid upon the table of the House a petition signed by residents of the Saint John area urging the government to debate in the Legislative Assembly the issue of whether the Saint John City Council has the authority to give approval for tax concessions in the LNG matter. (Petition 33)

Ms. Weir, Member for Saint John Harbour, laid upon the table of the House a petition signed by residents of the Saint John area urging the government to debate in the Legislative Assembly the issue of whether the Saint John City Council has the authority to give approval for tax concessions in the LNG matter. (Petition 34)

Mr. Stiles from the Standing Committee on Crown Corporations presented the first report of the Committee for the session, which was read and is as follows: May 5, 2005. To the Honourable The Legislative Assembly of The Province of New Brunswick. Mr. Speaker: I have the honour to present herewith the First Report of the Standing Committee on Crown Corporations. The report outlines the activities of the Committee during the First Session of the Fifty-fifth Legislative Assembly. 150 53-54 Elizabeth II, 2004-2005 May 5

Your Committee wishes to thank the officials of the various Crown corporations and agencies that appeared before it and to acknowledge their cooperation in providing requested information.

And your Committee begs leave to make a further report. (Sgd.:) Wally Stiles, MLA. Chairman. Ordered that the report be received, that leave be granted, and the Committee continued.

The full report of the Committee as presented is as follows: May 5, 2005. To The Honourable The Legislative Assembly of The Province of New Brunswick. Mr. Speaker: Your Standing Committee on Crown Corporations begs leave to submit this, their First Report. Pursuant to Standing Rule 99, the Clerk convened a meeting of the Committee on Wednesday August 6, 2003, and presided over the election of a Chair and Vice Chair. On motion of Mr. Allaby, seconded by Mr. Doucet, Mr. Stiles was elected Chair of the Committee. On motion of Mr. Sherwood, seconded by Mr. Betts, Mr. Holder was elected Vice-Chair. On September 23, 2003, the Committee held an in camera working session with the Office of the Auditor General. The Auditor General, Daryl Wilson, and senior staff briefed Members on various topics of interest to the Committee, including accountability and the Office of the Auditor General, the government’s annual report policy, and how to effectively review and make use of annual reports. The Committee met in the Legislative Council Chamber on September 24, 25 and 26, 2003 to review the activities and financial statements of various Crown corporations and agencies for the year ending March 31, 2002. Officials of the following Crown corporations and agencies appeared before the Committee: Algonquin Properties Limited (year ending Dec. 31, 2002) Kings Landing Corporation New Brunswick Forest Products Commission May 5 Journal of Assembly 151

New Brunswick Liquor Corporation New Brunswick Municipal Finance Corporation Regional Development Corporation On September 30 and October 1, 2003, your Committee met in the Legislative Council Chamber to review the activities and expenditures of New Brunswick Power Corporation and NB Coal Limited, for the fiscal years ending March 31, 2002 and March 31, 2003. Senior management officials appeared before the Committee and answered questions for the years under review. The Committee met on October 2 and 3, 2003, to continue its review of Crown corporations and agencies for the year ending March 31, 2002. Officials of the following Crown corporations and agencies appeared before the Committee: Provincial Holdings Ltd. Service New Brunswick Workplace Health Safety and Compensation Commission of New Brunswick (Dec. 31, 2002) On December 9, 2003, the Committee met in a joint session with the Standing Committee on Public Accounts to receive and review the Report of the Auditor General of New Brunswick Volume I, 2003. The Auditor General briefed Committee members on the nature of the work undertaken during the year and on the contents and findings of the Report. Your Committee met in the Legislative Council Chamber on February 3, 4, 5, 10, 12 and March 16 and 17, 2004, to review the activities and financial statements of various Crown corporations and agencies for the year(s) ending March 31, 2003. Officials of the following Crown corporations and agencies appeared before the Committee: Acadia-Bathurst Health Authority Atlantic Health Sciences Corporation Beauséjour Regional Health Authority Miramichi Regional Health Authority Regional Health Authority 4 Restigouche Health Authority River Valley Health South-East Regional Health Authority Atlantic Lottery Corporation Lotteries Commission of New Brunswick New Brunswick Board of Commissioners of Public Utilities 152 53-54 Elizabeth II, 2004-2005 May 5

New Brunswick Investment Management Corporation In March, 2004, four days of hearings were held to review issues surrounding the agreement with Venezuela to secure a supply of Orimulsion at the Coleson Cove Generating Station in Saint John. The Committee met on Thursday, Friday and Saturday, March 25, 26 and 27, 2004 in the Legislative Assembly Chamber and on Monday, March 29, 2004 in the Legislative Council Chamber. The following individuals appeared before the Committee and answered questions: - David D. Hay, President and Chief Executive Officer, NB Power - Stewart MacPherson, Former President and Chief Executive Officer, NB Power - Leon Furlong, Chairman, NB Power - John Mallory, Deputy Minister, Department of Finance - Bill Marshall, Director of Strategic Planning, NB Power - Sharon MacFarlane, Vice President, Finance and Information Systems, NB Power - Jim Brogan, Vice President, Generation, NB Power - David Reid, Senior Advisor, Contract Development, NB Power - Ian Blue, Q.C., (Cassels Brock, Toronto), Solicitor for NB Power - Don Barnett, Former Assistant Deputy Minister, Department of Natural Resources and Energy - David Ferguson, Deputy Minister, Department of Natural Resources - David C. Nicholson, Chairman, NB Board of Commissioners of Public Utilities - William M. Thompson, Deputy Minister, Department of Energy The Committee met in camera on Tuesday, April 13, 2004, with respect to the recently completed hearings on Orimulsion. The Committee agreed to retain research staff to review the transcripts and prepare a summary of the proceedings. The Committee met in the Legislative Council Chamber on October 13, 22, 27, 28, November 2, 3, 4, and 5, 2004, to continue its review of the activities and financial statements of various Crown corporations and agencies. The following Crown corporations and agencies were reviewed to the end of the 2003 fiscal year. Algonquin Properties Limited (Dec. 31, 2003) Kings Landing Corporation New Brunswick Credit Union Deposit Corporation (Dec. 31, 2003) New Brunswick Crop Insurance Commission May 5 Journal of Assembly 153

New Brunswick Forest Products Commission New Brunswick Municipal Finance Corporation Provincial Holdings Ltd. Regional Development Corporation Workplace Health, Safety and Compensation Commission of New Brunswick (Dec. 31, 2003) The following Crown corporations and agencies were reviewed to the end of the 2004 fiscal year. Atlantic Lottery Corporation Forest Protection Limited New Brunswick Farm Products Commission New Brunswick Highway Corporation New Brunswick Liquor Corporation New Brunswick Museum New Brunswick Research and Productivity Council Staff of the Office of the Auditor General appeared on November 5, 2004, and provided a briefing on Chapter 6 of the Report of the Auditor General of New Brunswick, Volume 1, 2003, entitled Crown Agency Governance. The Committee met on November 10, 2004, to receive the Analyses of Orimulsion Hearing Transcripts, prepared by AJM Consulting Inc., a copy of which is attached hereto as Appendix “A”. On motion of Mr. Carr, seconded by Mr. Sherwood, the Committee accepted the summary prepared by AJM Consulting Inc. and received the Dissenting Report by the Opposition, a copy of which is attached hereto as Appendix “B”. On December 14, 2004, the Committee met in a joint session with the Standing Committee on Public Accounts to receive and review the Report of the Auditor General of New Brunswick Volume 2, 2004. The Auditor General, Daryl Wilson, and senior staff provided a briefing on the report and answered questions posed by Committee members. Your Committee wishes to thank the officials of the various Regional Health Authorities, Crown corporations and agencies that appeared before the Committee. Your Committee also wishes to thank the Auditor General and staff for the assistance provided. And your Committee begs leave to make a further report. (Sgd.:) Wally Stiles, MLA. Chairperson. 154 53-54 Elizabeth II, 2004-2005 May 5

Following Question Period, Hon. Mr. Green rose on a point of order and submitted that the Leader of the Opposition had used unparliamentary language by stating that the Premier had misled the House. Mr. S. Graham agreed to withdraw the remarks.

Mr. MacIntyre gave Notice of Motion 79 that on Thursday, May 12, 2005, he would move the following resolution, seconded by Mr. A. LeBlanc: WHEREAS the City of Saint John has requested that the province of New Brunswick enact enabling legislation which would allow the City of Saint John to alter the Municipal Real Property Tax otherwise payable; BE IT RESOLVED that any concession to facilitate the proposed liquified natural gas terminal take into consideration the provincial benefits, the tax burden and the future needs of the City of Saint John.

Mr. Albert gave Notice of Motion 80 that on Thursday, May 12, 2005, 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 information concerning unconditional grants to local service districts, including all memos, faxes, and correspondence, as well as a list of all amounts of money and the names of LSDs that received money for the 2004-05 fiscal year.

Hon. Mr. Green, the Government House Leader, announced that following Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Finance. It was agreed by unanimous consent that the debate on Motion 76 be limited to two speakers each from government and opposition.

Pursuant to Notice of Motion 76, Mr. Lamrock, seconded by Mr. Allaby, moved the following resolution: WHEREAS the Premier has committed to involve the Legislative Assembly in consideration of the Final Report of the Commission on Legislative Democracy; and May 5 Journal of Assembly 155

WHEREAS three months later, nothing has happened; BE IT RESOLVED that the Legislative Assembly direct the Standing Committee on Procedure to study Chapter 4 of the Final Report of the Commission on Legislative Democracy. And the question being put, a debate ensued. And after some time, Mr. Carr, seconded by Hon. Mr. Green, moved in amendment: AMENDMENT That Motion 76 be amended by deleting the second “WHEREAS” clause; and in the resolution clause, by deleting the words “the Standing Committee on Procedure” and replacing them with “one or more of its Committees”; and in the resolution clause, by adding the words “; said referral to occur no later than June 10, 2005” Mr. Speaker put the question on the amendment and a debate ensued. And the debate being ended and the question being put, the amendment was adopted. Mr. Speaker put the question on Motion 76 as amended as follows: WHEREAS the Premier has committed to involve the Legislative Assembly in consideration of the Final Report of the Commission on Legislative Democracy; and BE IT RESOLVED that the Legislative Assembly direct one or more of its Committees to study Chapter 4 of the Final Report of the Commission on Legislative Democracy; said referral to occur no later than June 10, 2005. And the question being put, Motion 76 as amended was adopted.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. At 3.15 o’clock p.m., the Chairman declared a recess and left the chair. 3.21 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. And after some time Mr. Speaker resumed the chair, and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker 156 53-54 Elizabeth II, 2004-2005 May 5 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, 2005-2006 ORDINARY ACCOUNT DEPARTMENT OF FINANCE Resolved, That there be granted to Her Majesty a sum not exceeding $77,507,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2006: Financial Resource Management...... 12,084,000 Municipal Finances...... 65,461,000 Less amounts authorized by law ...... 38,000 Voted ...... 77,507,000 OFFICE OF THE COMPTROLLER Resolved, That there be granted to Her Majesty a sum not exceeding $4,771,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2006: Office of the Comptroller ...... 4,771,000 Less amounts authorized by law ...... 0 Voted ...... 4,771,000 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, 2006: Municipal Assistance Act ...... 0 WORKING CAPITAL – MAXIMUM BALANCES VOTED PETTY CASH ADVANCES Finance ...... 1,000 Other (small departments) ...... 40,000 The said items were concurred in by the House.

And then 6 o’clock p.m., the House adjourned. May 6 Journal of Assembly 157

Friday, May 6, 2005. 10 o’clock a.m. Prayers. Hon. Mr. Mockler welcomed to the House His Excellency Otto Ditz, Ambassador of Austria to Canada, and Honorary Consul General Mr. Michael Novac.

Hon. E. Robichaud introduced Mr. Tony Clement, a former Progressive Conservative Member of the Provincial Parliament and former Minister of Health for the province of Ontario.

Mr. A. LeBlanc, Member for Saint John Lancaster, laid upon the table of the House a petition in support of teachers and their contribution to academic and extracurricular activities. (Petition 35)

Premier Lord noted the upcoming 60th anniversary of V-E Day on May 8, 1945, noting the sacrifices made by the men and women in the Canadian armed forces and thanking those Canadians who liberated the Netherlands from German occupation. The Leader of the Opposition joined with the Premier in this regard.

Hon. Ms. Blaney reminded all Members that today is Yom haShoah, the day of remembrance for Jewish victims of the Holocaust, as determined by the Jewish lunar calendar. The Opposition House Leader joined with the Minister in this regard.

Mr. Murphy gave Notice of Motion 81 that on Thursday, May 12, 2005, 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 the names and addresses of all individuals who applied for temporary zoning permits from all Municipal and Regional Planning Districts for the year 2004 and from January 1, 2005, to April 30, 2005.

It was agreed by unanimous consent to vary the hours of sitting, to recess from 12.30 to 1 o’clock p.m., and to sit no later than 4.30 o’clock p.m. 158 53-54 Elizabeth II, 2004-2005 May 6

Hon. Mr. Green, the Government House Leader, announced that it was the intention of the government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Public Safety and the Department of Supply and Services.

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 declared a recess and left the chair. 1 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. And after some time, Mr. MacDonald took the chair as Acting Chairman. And after some further time, Mr. Holder took the chair. At 2.55 o’clock p.m., the Chairman declared a recess and left the chair. 3 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 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, 2005-2006 ORDINARY ACCOUNT DEPARTMENT OF PUBLIC SAFETY Resolved, That there be granted to Her Majesty a sum not exceeding $91,486,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2006: Corporate Services and Planning ...... 4,814,000 Community and Correctional Services ...... 29,576,000 Safety Services ...... 57,134,000 Less amounts authorized by law ...... 38,000 Voted ...... 91,486,000 May 6 Journal of Assembly 159

DEPARTMENT OF SUPPLY AND SERVICES Resolved, That there be granted to Her Majesty a sum not exceeding $94,185,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Administration ...... 1,905,000 General Services...... 7,324,000 Buildings Group ...... 81,944,000 Corporate Information Management Services ...... 3,050,000 Less amounts authorized by law ...... 38,000 Voted ...... 94,185,000 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following programs: New Brunswick Police Commission ...... 162,000 Information Technology Investment Fund ...... 670,000 WORKING CAPITAL - MAXIMUM BALANCES 2005 - 2006 Voted WORKING CAPITAL ADVANCES Supply and Services - Algonquin Properties Limited ...... 1,250,000 PETTY CASH ADVANCES Public Safety ...... 25,000 INVENTORIES Supply and Services ...... 1,700,000 The said items were concurred in by the House.

And then, 4.30 o’clock p.m., the House adjourned. 160 53-54 Elizabeth II, 2004-2005 May 10

Tuesday, May 10, 2005. 1 o’clock p.m. Prayers. Hon. Mr. Lord 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. May 10, 2005. Mr. Speaker and Members of the Legislative Assembly, I thank you for your Address and beg to assure you that I entertain the fullest confidence that in all your deliberations you will be guided by a most earnest desire to promote the happiness and prosperity of the people of this province. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

Hon. Mr. Green congratulated Page Cynthia Jenkins who delivered the valedictory address at the St. Thomas University graduation.

Hon. Mr. Green extended congratulations to Hon. Bernard Lord, Diane Lord, Wayne Curtis, and Roméo A. Dallaire, recipients of honorary degrees from St. Thomas University.

Mr. Targett gave Notice of Motion 82 that on Tuesday, May 17, 2005, 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 documents, correspondence, e-mails and/or reports between the Government of New Brunswick and the Government of Canada concerning the Ste Anne Nackawic Pulp Mill since January 1, 2005.

Hon. Mr. Green, the Government House Leader, announced that following Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to continue consideration of the estimates of the Department of Tourism and Parks, followed by those of Business New Brunswick.

Pursuant to Notice of Motion 78, Mr. Allaby, seconded by Mr. Lamrock, moved the following resolution: May 10 Journal of Assembly 161

BE IT RESOLVED that this Legislature urge the government to table with the House, within 30 days of receiving them, the final reports and all supporting methodological documents for any poll, focus groups, or public opinion research, for which funds have been paid by the government of New Brunswick or any New Brunswick Crown Corporation. And the question being put, a debate ensued. And after some time, at the request of Hon. Mr. Volpé, it was agreed by unanimous consent that the House revert to the Order of Introduction of Bills.

The following Bill was introduced and read a first time: By Hon. Mr. Volpé, Bill 45, An Act Respecting a Fair Deal for Cities and Communities in New Brunswick. Ordered that the said Bill be read a second time at the next sitting.

Debate resumed on Motion 78. 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. Paulin rose on a point of order and submitted that the Hon. P. Robichaud had used unparliamentary language. The Minister agreed to withdraw the remark. And after some further time, Mr. Speaker resumed the chair. And the debate being ended and the question being put, Motion 78 was negatived.

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. 162 53-54 Elizabeth II, 2004-2005 May 11

Wednesday, May 11, 2005. 10 o’clock a.m. Prayers. Mr. V. Boudreau gave Notice of Motion 83 that on Tuesday, May 17, 2005, he would move the following resolution, seconded by Mr. Lamrock: BE IT RESOLVED that the Select Committee on Health Care be given the mandate to receive public input, including frontline health professionals, regarding the impacts of the Provincial Health Plan.

Mr. Allaby gave Notice of Motion 84 that on Tuesday, May 17, 2005, 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 all documents pertaining to any Department of Transportation projects on Route 102 since June 9, 2003; in particular, any documents pertaining to cost overruns on such projects.

Mr. Arseneault gave Notice of Motion 85 that on Tuesday, May 17, 2005, 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, list of participants and/or reports pertaining to the tourism focus groups held at Larry’s Gulch on Labour Day weekend of 2003 by the Department of Tourism and Parks and its Minister.

Ms. Robichaud gave Notice of Motion 86 that on Tuesday, May 17, 2005, she would move the following resolution, seconded by Mr. Lamrock: WHEREAS on March 31, 2005, the Legislative Assembly voted unanimously that Bill 32, Right to Read Act, and Bill 33, Healthy Students Act, receive second reading; BE IT RESOLVED that the Legislative Assembly refer Bill 32 and Bill 33 to the Standing Committee on Law Amendments; BE IT FURTHER RESOLVED that the Legislative Assembly instruct the Standing Committee on Law Amendments to schedule public hearings on Bill 32 and Bill 33. May 11 Journal of Assembly 163

Hon. Mr. Green, the Government House Leader, announced that following second reading, it was the intention of the government that the House resolve itself into a Committee of Supply to consider the estimates of the Department of Agriculture, Fisheries, and Aquaculture, followed by the Culture and Sport Secretariat; the Department of Intergovernmental and International Relations; and Service New Brunswick.

The Order being read for second reading of Bill 45, An Act Respecting a Fair Deal for Cities and Communities in New Brunswick, 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. At 12.30 o’clock p.m., the Acting Speaker left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. Mr. C. LeBlanc resumed the chair. Debate resumed on the motion. And after some, Mr. Speaker resumed the chair. And after some further time, Mr. Allaby, seconded by Mr. Lamrock, 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, An Act Respecting a Fair Deal for Cities and Communities in New Brunswick, 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, a debate ensued. And the debate being ended and the question being put, the amendment was negatived. Mr. Speaker put the question on the motion that Bill 45, An Act Respecting a Fair Deal for Cities and Communities in New Brunswick, be now read a second time, and it was resolved in the affirmative. Accordingly, Bill 45, An Act Respecting a Fair Deal for Cities and Communities in New Brunswick, was read a second time and ordered referred to the Committee of the Whole House. 164 53-54 Elizabeth II, 2004-2005 May 11

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. 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.

Thursday, May 12, 2005. 1 o’clock p.m. Prayers. Mr. S. Graham gave Notice of Motion 87 that on Thursday, May 19, 2005, 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 and correspondence pertaining to negotiations between the Province of New Brunswick and the Government of Canada on funding agreements for child care since June 9, 2003.

Mr. V. Boudreau gave Notice of Motion 88 that on Thursday, May 19, 2005, 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, e-mails, memos and correspondence between the Regional Health Authorities and the Department of Health and Wellness regarding ambulance trips accompanied by a nurse since June 2003.

Mr. V. Boudreau gave Notice of Motion 89 that on Thursday, May 19, 2005, 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 the numbers for each Regional Health Authority of ambulance trips accompanied by a nurse including the amount of overtime paid to nurses for ambulance trips, replacement costs and additional transportation costs incurred to return nurses to their regular place of employment since June 2003.

Hon. Mr. Green, the Government House Leader, announced that following the two hours reserved for Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to consider the estimates of the Department of Agriculture, Fisheries, and Aquaculture. 166 53-54 Elizabeth II, 2004-2005 May 12

Pursuant to Notice of Motion 79, Mr. MacIntyre, seconded by Mr. A. LeBlanc, moved the following resolution: WHEREAS the City of Saint John has requested that the Province of New Brunswick enact enabling legislation which would allow the City of Saint John to alter the Municipal Real Property Tax otherwise payable; BE IT RESOLVED that any concession to facilitate the proposed liquified natural gas terminal take into consideration the provincial benefits, the tax burden and the future needs of the City of Saint John. 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. Speaker resumed the chair. And the debate being ended and the question being put, Motion 79 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. 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, 2005-2006 ORDINARY ACCOUNT DEPARTMENT OF AGRICULTURE, FISHERIES AND AQUACULTURE Resolved, That there be granted to Her Majesty a sum not exceeding $35,013,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Management Services ...... 4,539,000 Agriculture and Bio-Economy ...... 25,713,000 May 12 Journal of Assembly 167

Marine Resources ...... 4,799,000 Less amounts authorized by law ...... 38,000 Voted ...... 35,013,000 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, 2006: New Brunswick Crop Insurance Commission ...... 1,600,000 WORKING CAPITAL – MAXIMUM BALANCES WORKING CAPITAL ADVANCES Agriculture, Fisheries and Aquaculture ...... 1,100,000 PETTY CASH ADVANCES Agriculture, Fisheries and Aquaculture ...... 25,000 INVENTORIES Agriculture, Fisheries and Aquaculture ...... 1,000,000 The said items were concurred in by the House.

And then, 6 o’clock p.m., the House adjourned. 168 53-54 Elizabeth II, 2004-2005 May 13

Friday, May 13, 2005. 10 o’clock a.m. Prayers. It was agreed by unanimous consent to extend the time allotted for Congratulatory Messages.

Mr. Targett, Member for York, laid upon the table of the House a petition signed by the residents of Howland Ridge urging the government to rebuild and chip seal the Howland Ridge road. (Petition 36) Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition signed by residents of the Kedgwick area who reject the request for the refurbishment of Point Lepreau; and who request a plan for the safe management of nuclear waste and a “green “ energy strategy. (Petition 37)

The following Private Bill was introduced and read a first time: By Mr. Stiles, Bill 46, An Act to Amend An Act Respecting The Certified General Accountants’ Association of New Brunswick. Ordered referred to the Standing Committee on Private Bills.

With leave of the House, Hon. Mr. Green moved, seconded by Hon. P. Robichaud: (Motion 90) THAT pursuant to Standing Rule 89, the Standing Committee on Estimates be appointed and be composed of Mr. MacDonald, Mr. Williams, Hon. P. Robichaud, Hon. D. Graham, Hon. Mrs. MacAlpine, Hon. Mr. Steeves, Mr. Stiles, Mr. Allaby, Mr. V. Boudreau, Mr. Lamrock, Mr. Ouellette and Ms. Weir. And the question being put, Motion 90 was carried.

Ms. Weir gave Notice of Motion 91 that on Thursday, May 26, 2005, she would move the following resolution, seconded by Hon. E. Robichaud: WHEREAS cancer is the leading cause of premature death in Canada; WHEREAS cancer rates are soaring largely due to our aging population and growing population; May 13 Journal of Assembly 169

WHEREAS the number of cancer cases will increase by over 60% over the next decade if nothing is done; WHEREAS cancer cost Canadians over 14 billion dollars in 1998 alone and these costs are expected to increase; WHEREAS the Canadian Strategy for Cancer Control was developed by more than 700 cancer care experts and cancer survivors to ensure that Canada’s health system is prepared to meet this growing demand; WHEREAS Canada will not be prepared to meet the cancer challenge unless action is taken immediately; BE IT THEREFORE RESOLVED that the Legislative Assembly call upon the federal government to implement and fund a national strategy on cancer control in collaboration with the provinces and all stakeholders.

It was agreed by unanimous consent to vary the hours of sitting, to recess from 12.30 to 1 o’clock p.m., and to sit no later than 4.30 o’clock p.m.

Hon. Mr. Green, the Government House Leader, announced that it was the intention of the government that the House resolve itself into a Committee of Supply to consider the estimates for the Service of the Public Debt and those related to the Department of Finance under General Government; followed by those of the Department of Tourism and Parks, and Business New Brunswick.

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 declared a recess and 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. 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. 170 53-54 Elizabeth II, 2004-2005 May 13

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, 2005-2006 ORDINARY ACCOUNT SERVICE OF THE PUBLIC DEBT Resolved, That there be granted to Her Majesty a sum not exceeding $3,574,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2006: Service of the Public Debt ...... 601,000,000 Less amounts authorized by law ...... 597,426,000 Voted ...... 3,574,000 DEPARTMENT OF TOURISM AND PARKS Resolved, That there be granted to Her Majesty a sum not exceeding $24,326,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Administration ...... 638,000 Business and Tourism Infrastructure ...... 23,726,000 Less amounts authorized by law ...... 38,000 Voted ...... 24,326,000 DEPARTMENT OF BUSINESS NEW BRUNSWICK Resolved, That there be granted to Her Majesty a sum not exceeding $34,343,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Administration ...... 2,801,000 Business and Industry Development ...... 22,980,000 Strategic Assistance ...... 8,600,000 Less amounts authorized by law ...... 38,000 Voted ...... 34,343,000 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following programs: Provision for Losses...... 32,300,000 Supplementary Funding Provision ...... 113,612,000 Legislated Pension Plans and Benefit Accruals and Subsidies ...... 104,953,000 Consolidated Entities ...... 0 May 13 Journal of Assembly 171

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, 2006: Economic Development Act, Agricultural Development Board, and Fisheries Development Act ...... 50,000,000

WORKING CAPITAL – MAXIMUM BALANCES 2005-2006 WORKING CAPITAL ADVANCES Tourism and Parks ...... 500,000 PETTY CASH ADVANCES Tourism and Parks ...... 25,000 Business New Brunswick ...... 1,000 INVENTORIES Tourism and Parks ...... 150,000 Business New Brunswick ...... 5,000,000

The said items were concurred in by the House.

And then 4.15 o’clock p.m. the House adjourned. 172 53-54 Elizabeth II, 2004-2005 May 24

Tuesday, May 24, 2005. 1 o’clock p.m. Prayers. Mr. Haché, Member for Nigadoo-Chaleur, laid upon the table of the House a petition signed by the residents of Miramichi urging the government to demand that CGC process synthetic gypsum locally and if it fails to comply, that the contract be tendered to a company that will create jobs in the Belledune area. (Petition 38)

Mr. Kenny, Member for Bathurst, laid upon the table of the House a petition signed by residents of the Minto area urging that the government transfer home support services from the Department of Family and Community Services to the Department of Health and Wellness; increase funding for home support services; and increase wages and benefits for home support workers. (Petition 39)

Mr. V. Boudreau, Member for Shediac—Cap-Pelé, laid upon the table of the House a petition signed by residents of the Acadian Peninsula area urging that the government transfer home support services from the Department of Family and Community Services to the Department of Health and Wellness; increase funding for home support services; and increase wages and benefits for home support workers. (Petition 40)

Mr. A. LeBlanc, Member for Saint John Lancaster, laid upon the table of the House a petition signed by residents of the Saint John area urging that the government transfer home support services from the Department of Family and Community Services to the Department of Health and Wellness; increase funding for home support services; and increase wages and benefits for home support workers. (Petition 41)

Mr. Ouellette, Member for Grand Falls Region, laid upon the table of the House a petition signed by residents of the Grand Falls area urging that the government transfer home support services from the Department of Family and Community Services to the Department of Health and Wellness; increase funding for home support services; and increase wages and benefits for home support workers. (Petition 42) May 24 Journal of Assembly 173

Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition signed by residents of the Bathurst area urging that the government transfer home support services from the Department of Family and Community Services to the Department of Health and Wellness; increase funding for home support services; and increase wages and benefits for home support workers. (Petition 43)

Mr. R. Boudreau, Member for Campbellton, laid upon the table of the House a petition signed by residents of the Campbellton area urging that the government transfer home support services from the Department of Family and Community Services to the Department of Health and Wellness; increase funding for home support services; and increase wages and benefits for home support workers. (Petition 44)

Mr. Sherwood from the Standing Committee on Private Bills presented the first report of the Committee for the session, which was read and is as follows: May 24, 2005. 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 Committee met on May 24, 2005, in the Legislative Assembly Chamber and had under consideration: Bill 46, An Act to Amend An Act Respecting The Certified General Accountants’ Association of New Brunswick 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. MacDonald, that the report be concurred in by the House. (Sgd.:) Mr. Milton Sherwood, M.L.A. Chairman. Mr. Speaker put the question on the motion of concurrence in the report of the Committee and it was resolved in the affirmative. 174 53-54 Elizabeth II, 2004-2005 May 24

Hon. E. Robichaud laid upon the table of the House a document entitled Belledune Area Health Study Summary Report February 2005.

Mr. Albert gave Notice of Motion 92 that on Tuesday, May 31, 2005, 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 the breakdown of costs paid or payable by the Acadie-Bathurst Authority and the province of New Brunswick as a result of the lawsuit by the town of Caraquet, the Amis de l’Hôpital, and Fernand Rioux concerning the Hôpital de l’Enfant-Jésus in Caraquet, including the costs (salaries and expenses) of the Crown prosecutors, lawyer or lawyers, administration, employees, and civil servants involved.

Mr. Jamieson gave Notice of Motion 93 that on Tuesday, May 31, 2005, 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, e-mails, reports, studies and any other documents related to handling fees for refundable containers internal to the Department of the Environment and Local Government as well as with the Executive Council Office, other government departments, and stakeholders.

Hon. Mr. Green, the Government House Leader, announced that following the two hours reserved for Private Members’ Motions, it was the intention of the government that the House resolve itself into a Committee of Supply to begin consideration of the estimates for the Maritime Provinces Higher Education Commission and those related to the Department of Education.

Pursuant to Notice of Motion 83, Mr. V. Boudreau moved, seconded by Mr. Lamrock: BE IT RESOLVED that the Select Committee on Health Care be given the mandate to receive public input, including frontline health professionals, regarding the impacts of the Provincial Health Plan. And the question being put, a debate ensued. And the debate being ended and the question being put, Motion 83 was negatived on the following recorded division: May 24 Journal of Assembly 175

YEAS - 23 Mr. McGinley Mr. Branch Mr. Foran Mr. Jamieson Mr. Albert Mr. Kennedy Mr. MacIntyre Mr. Ouellette Mr. A. LeBlanc Mr. Allaby Ms. Robichaud Mr. Paulin Mr. S. Graham Mr. Lamrock Mr. R. Boudreau Mr. Haché Mr. Murphy Mr. Brewer Mr. Armstrong Mr. Kenny Mr. V. Boudreau Mr. Landry Mr. Arseneault NAYS - 26 Hon. Ms. Blaney Mr. Sherwood Hon. Mr. Huntjens 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. P. Robichaud Mr. C. LeBlanc Hon. Ms. MacAlpine Hon. Mr. Alward

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 before the Table of the House, pursuant to Standing Rule 39: Documents requested in Notice of Motion 61 May 20, 2005 Documents requested in Notices of Motions 74, 82 May 18, 2005 Documents requested in Notice of Motion 87 May 13, 2005 176 53-54 Elizabeth II, 2004-2005 May 25

Wednesday, May 25, 2005. 10 o’clock a.m. Prayers. Mr. Malley, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition signed by residents of the Miramichi area who oppose Bill 37, An Act to Amend the Crown Lands and Forests Act. (Petition 45)

Mr. Speaker interrupted proceedings and advised that visitors in the galleries were not allowed to participate in the proceedings and that if the interruptions continued, he would be required to clear the galleries.

The following Bills were introduced and read a first time. By Hon. Mr. Steeves, Bill 47, An Act to Amend the Assessment Act. By Hon. Mr. Green, Bill 48, Support Enforcement Act. Bill 49, An Act to Amend the Provincial Offences Procedure Act. By Hon. Mr. Steeves, Bill 50, An Act to Amend the Police Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. Albert gave Notice of Motion 94 that on Tuesday, May 31, 2005, he would move the following resolution, seconded by Mr. Doucet: WHEREAS ongoing challenges exist in the snow crab fisheries; WHEREAS disputes over the lobster fisheries have led to conflicts and concerns; WHEREAS the fisheries throughout this province face challenges regarding boundaries and fishing rights; WHEREAS year after year the fish processing plant workers experience great difficulty; BE IT RESOLVED that this Legislature urge the Minister of Agriculture, Fisheries and Aquaculture to establish a working group to address fisheries issues including representatives from Aboriginal Affairs, Public Safety and the associations representing fishermen and fisheries workers; May 25 Journal of Assembly 177

BE IT FURTHER RESOLVED that this Legislature urge the Minister to present a framework for the working group to the Legislative Assembly during the current session of the Legislature.

Hon. Mr. Green, the Government House Leader, announced that it was the intention that Private Bill 46 be read a second time today following which, the House would resolve itself into a Committee of Supply to take into consideration the estimates for the Department of Health and Wellness.

The following Private Bill was read a second time: Bill 46, An Act to Amend An Act Respecting The Certified General Accountants’ Association of New Brunswick. Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 46 for third reading forthwith.

The following Private Bill was read a third time: Bill 46, An Act to Amend An Act Respecting The Certified General Accountants’ Association of New Brunswick. Ordered that the said Bill does pass.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. At 11.40 o’clock a.m., the Chairman declared a recess and left the chair. 11.45 o’clock a.m. The Committee resumed with Mr. Holder 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, the Chairman interrupted proceedings and advised that visitors in the galleries were not to take part in debate and to refrain from doing so. And after some further time, Hon. P. Robichaud stood on a point of order and submitted that Mr. Albert had made certain remarks which would be considered unparliamentary. 178 53-54 Elizabeth II, 2004-2005 May 25

The Chairman, Mr. C. LeBlanc, advised that he would review the transcript and report back to the Committee if necessary. At 3.30 o’clock p.m., the Chairman declared a recess due to disorder in the galleries. 3.40 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, 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. May 26 Journal of Assembly 179

Thursday, May 26, 2005. 1 o’clock p.m. Prayers. Hon. Mr. Huntjens, Member for Western Charlotte, laid upon the table of the House a petition signed by residents of St. Andrews and the neighbouring communities expressing concern regarding the availability and use of illegal drugs in the community. (Petition 46)

Hon. Ms. Dubé laid upon the table of the House a document entitled Believing in Achieving 2005 and “Highlights.”

Hon. Mr. Mockler welcomed to the Chamber the Ambassador of Burkina Faso to Canada, Her Excellency Juliette Bonkoungou.

Following Oral Questions, Hon. Mr. Green stood on a point of order and submitted that the Standing Rules do not permit a member to stand at the conclusion of Question Period to request an answer to a question previously taken as notice. Mr. Speaker ruled the point of order well taken.

Mr. Albert gave Notice of Motion 95 that on Thursday, June 2, 2005, 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, e-mails, correspondence and/or reports, between the Department of Health and Wellness, the Department of Fisheries and Oceans, and the Canadian Food Inspection Agency, since January 1, 2004.

Hon. Mr. Green, the Government House Leader, announced that following second reading and the two hours reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Natural Resources.

The Order being read for second reading of Bill 47, An Act to Amend the Assessment Act, a debate arose thereon. 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. 180 53-54 Elizabeth II, 2004-2005 May 26

Accordingly, Bill 47, An Act to Amend the Assessment 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 Orders of the Day and proceed to the second reading of Bill 50, An Act to Amend the Police Act.

The Order being read for second reading of Bill 50, An Act to Amend the Police Act, a debate arose thereon. 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, An Act to Amend the Police 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 48, Support Enforcement Act, a debate arose thereon. And the debate being ended and the question being put that Bill 48 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 48, Support Enforcement 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 49, An Act to Amend the Provincial Offences Procedure Act, a debate arose thereon. And the debate being ended and the question being put that Bill 49 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 49, An Act to Amend the Provincial Offences Procedure Act, was read a second time and ordered referred to the Committee of the Whole House.

At 3.13 o’clock p.m., Mr. Speaker declared a recess and left the chair. 3.22 o’clock p.m. Mr. Speaker resumed the chair.

Pursuant to Notice of Motion 86, Ms. Robichaud moved, seconded by Mr. Lamrock: May 26 Journal of Assembly 181

WHEREAS on March 31, 2005, the Legislative Assembly voted unanimously that Bill 32, Right to Read Act, and Bill 33, Healthy Students Act, receive second reading; BE IT RESOLVED that the Legislative Assembly refer Bill 32 and Bill 33 to the Standing Committee on Law Amendments; BE IT FURTHER RESOLVED that the Legislative Assembly instruct the Standing Committee on Law Amendments to schedule public hearings on Bill 32 and Bill 33. 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 being ended and the question being put, Motion 86 was negatived.

At the request of Mr. Lamrock, Opposition House Leader, Motions 55, 56, 57, 58, 60, 61, 63, 64, 65, 69, 70, 71, 72, 74, 80, 82, and 87 were, by leave of the House, withdrawn.

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.

Friday, May 27, 2005. 10 o’clock a.m. Prayers. The Honourable the Premier recognized Hon. Margaret-Ann Blaney, Minister responsible for the Status of Women, who was awarded the Muriel McQueen Fergusson Foundation Award for her work on behalf of victims of family violence and the government’s Action Plan on Violence against Women.

The following Private Bills were introduced and read a first time: By Mr. Carr, Bill 51, Registered Professional Planners Act. By Mr. Holder, Bill 52, An Act to Amend An Act Respecting Podiatry. Ordered referred to the Standing Committee on Private Bills.

Mr. Murphy gave Notice of Motion 96 that on Thursday, June 2, 2005, 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 pertaining to the production and delivery of the Post-Budget Report to New Brunswickers including all costs related to this publication.

Hon. P. Robichaud, the Deputy Government House Leader, 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 Natural Resources, following which, the House would resolve itself into a Committee of the Whole to take under consideration Bills 47, 5, 7, 6, 44, 42, and 49.

It was agreed by unanimous consent to vary the hours of sitting, to recess from 12.30 to 1 o’clock p.m., and to adjourn at 4 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. 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.

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 the Committee had directed that he report the following Bills as agreed to: Bill 5, Queen’s Printer Act. Bill 6, An Act to Amend the Judicature Act. Bill 7, An Act to Amend the Elections Act. Bill 42, An Act to Amend the Marital Property Act. Bill 44, An Act to Amend the Assignments and Preferences Act. Bill 47, An Act to Amend the Assessment Act. Bill 49, An Act To Amend the Provincial Offences Procedure 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.

It was agreed by unanimous consent that Bills 5, 6, 7, 42, 44, 47, and 49 be read a third time forthwith.

Accordingly, the following Bills were read a third time: Bill 5, Queen’s Printer Act. Bill 6, An Act to Amend the Judicature Act. Bill 7, An Act to Amend the Elections Act. 184 53-54 Elizabeth II, 2004-2005 May 27

Bill 42, An Act to Amend the Marital Property Act. Bill 44, An Act to Amend the Assignments and Preferences Act. Bill 47, An Act to Amend the Assessment Act. Bill 49, An Act To Amend the Provincial Offences Procedure 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. 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, 4 o’clock p.m., the House adjourned. May 31 Journal of Assembly 185

Tuesday, May 31, 2005. 1 o’clock p.m. Prayers. Hon. Mr. Mockler welcomed to the Chamber Dr. Garret FitzGerald, the former Prime Minister of Ireland.

Hon. Mrs. Blaney laid upon the table of the House a document entitled A Better World for Women: Moving Forward 2005-2010.

The following Bills were introduced and read a first time: By Mr. Foran, Bill 53, An Act to Amend the Coroners Act. By Mr. Arseneault, Bill 54, Construction Labour Mobility Act. Ordered that the said Bills be read a second time at the next sitting.

Hon. Mr. Green, the Government House Leader, announced that following Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take under consideration the estimates of the Office of Human Resources.

It was agreed by unanimous consent to limit the debate on Motion 91 and to end the time reserved for Private Members’ Motions upon the conclusion of the said debate.

Pursuant to Notice of Motion 91, Ms. Weir, seconded by Hon. E. Robichaud, moved: WHEREAS cancer is the leading cause of premature death in Canada; WHEREAS cancer rates are soaring largely due to our aging population and growing population; WHEREAS the number of cancer cases will increase by over 60% over the next decade if nothing is done; WHEREAS cancer cost Canadians over 14 billion dollars in 1998 alone and these costs are expected to increase; WHEREAS the Canadian Strategy for Cancer Control was developed by more than 700 cancer care experts and cancer survivors to ensure 186 53-54 Elizabeth II, 2004-2005 May 31 that Canada’s health system is prepared to meet this growing demand; WHEREAS Canada will not be prepared to meet the cancer challenge unless action is taken immediately; BE IT THEREFORE RESOLVED that the Legislative Assembly call upon the federal government to implement and fund a national strategy on cancer control in collaboration with the provinces and all stakeholders. And the question being put, a debate ensued. And the debate being ended and the question being put, Motion 91 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. And after some further 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, 2005-2006 ORDINARY ACCOUNT OFFICE OF HUMAN RESOURCES Resolved, That there be granted to Her Majesty a sum not exceeding $5,389,000 to defray the expenses of the program allocations for the fiscal year ending the 31st of March, 2006: Human Resource Management ...... 5,427,000 Less amounts authorized by law ...... 38,000 Voted ...... 5,389,000 GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following programs: May 31 Journal of Assembly 187

Employee Benefit Plans ...... 35,803,000 Equal Employment Opportunity Program...... 483,000 New Brunswick Public Service Internship and Rejuvenation Program...... 1,426,000

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 73 May 27, 2005 Documents requested in Notice of Motion 77 May 30, 2005 188 53-54 Elizabeth II, 2004-2005 June 1

Wednesday, June 1, 2005. 10 o’clock a.m. Prayers. Hon. Mr. Ashfield welcomed to the Chamber two former Members of the Legislative Assembly: Yvon Poitras, Progressive Conservative MLA for Restigouche West (1982-1987) and Max White, Confederation of Regions MLA for Sunbury (1991-1995).

Following Congratulatory Messages, Mr. Speaker cautioned Members to avoid making lengthy congratulatory statements and to limit themselves to one congratulatory message.

Hon. Mr. Ashfield laid upon the table of the House a document entitled “Government’s Response to the Select Committee on Wood Supply.”

Hon. Mr. Green moved that the following Bill be read a first time. Bill 55, Public Trustee Act. Mr. Speaker put the question and Mr. S. Graham rose on a point of order and noted that since Bill 10, Public Trustee Act, a private member’s public Bill, introduced by a member of the official opposition, had received second reading, was currently referred to the Committee of the Whole House, and dealt with the same subject matter, it would be necessary to withdraw it in order to allow the new Bill introduced by the government to proceed. He indicated his consent to have the order of referral to the Committee of the Whole House discharged and Bill 55 introduced. It was agreed by unanimous consent that the order referring Bill 10, Public Trustee Act, to the Committee of the Whole House be discharged and the Bill withdrawn. Bill 55, Public Trustee Act, was then read a first time and ordered to be read a second time at the next sitting.

Mr. S. Graham gave Notice of Motion 97 that on Tuesday, June 7, 2005, 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 correspondence, e-mails, reports, studies and any other June 1 Journal of Assembly 189 documents between the Office of the Executive Council, the Office of the Premier and the Office of the Auditor General between the dates March 21, 2005, and June 1, 2005.

Mr. V. Boudreau gave Notice of Motion 98 that on Tuesday, June 7, 2005, he would move the following resolution, seconded by Mr. MacIntyre: WHEREAS cancer is the leading cause of death in New Brunswick; WHEREAS cancer rates are soaring due to our aging population; WHEREAS 3 580 new cases of cancer are diagnosed each year; WHEREAS New Brunswick has the second-highest cancer incidence rate in Canada; WHEREAS the Cancer Control Accountability Framework for New Brunswick was developed by more than 170 cancer care experts and cancer survivors to ensure that the New Brunswick health system is prepared to meet this growing demand; WHEREAS New Brunswick will not be prepared to meet the cancer challenge unless swift action is taken; BE IT THEREFORE RESOLVED that the Legislative Assembly call upon the provincial government to implement a provincial cancer control strategy in collaboration with all stakeholders by March 2006.

Hon. Mr. Green, the Government House Leader, announced that following second reading of Bills, it was the intention of government that the House resolve itself into a Committee of Supply to take under consideration the estimates of the New Brunswick Advisory Council on Seniors and the Department of Family and Community Services.

The Order being read for second reading of Bill 53, An Act to Amend the Coroners Act, a debate arose thereon. And after some time, on motion of Hon. Mr. Steeves, 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 190 53-54 Elizabeth II, 2004-2005 June 1

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 Mr. Albert Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Kennedy Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Haché Mr. Murphy Mr. Boudreau Mr. Armstrong Mr. Kenny Mr. Brewer Mr. Landry Mr. Arseneault Mr. V. Boudreau Mr. Branch

The Order being read for second reading of Bill 54, 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, the division bells, by leave, being limited to five minutes: 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 - 15 Mr. McGinley Mr. Albert Mr. Arseneault Mr. Allaby Mr. Ouellette Mr. A. LeBlanc Mr. Haché Ms. Robichaud Mr. Paulin Mr. Armstrong Mr. Lamrock Mr. Doucet Mr. Landry Mr. Kenny Mr. V. Boudreau

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair. June 1 Journal of Assembly 191

At 12.30 o’clock p.m., the Chairman declared a recess and left the chair to return 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. Malley took the chair as Acting Chairman And after some further time, Mr. C. LeBlanc resumed the chair. At 4.40 o’clock p.m. the Chairman declared a five-minute recess and left the chair. 4.50 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 one item, 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 is the item reported: MAIN ESTIMATES, 2005-2006 ORDINARY ACCOUNT GENERAL GOVERNMENT Voted, Supply in the following amounts to defray the expenses of the following program: New Brunswick Advisory Council on Seniors ...... 207,000 The said item was concurred in by the House.

And then, 6 o’clock p.m. the House adjourned. 192 53-54 Elizabeth II, 2004-2005 June 2

Thursday, June 2, 2005. 1 o’clock a.m. Prayers. 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. June 2, 2005. Hi Honour the Lieutenant-Governor transmits the Supplementary Estimates 2004-2005 Volume II 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, 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. June 2, 2005. His Honour the Lieutenant-Governor transmits a Bill entitled “Special Appropriation Act 2005” and having been informed of the subject matter of the Bill, recommends the same to the House. (Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

Hon. Ms. Blaney laid upon the table of the House a document entitled Facing the Economic Imperative — New Brunswick’s Five Year Wage Gap Action Plan 2005-2010.

Hon. Ms. MacAlpine laid upon the table of the House a document entitled Upper Saint John River Valley Tourism Development Initiative — A Product and Market Development Strategy.

The following Bills were introduced and read a first time: June 2 Journal of Assembly 193

By Hon. Mr. Volpé, Bill 56, Special Appropriation Act 2005. Bill 57, An Act to Amend the New Brunswick Income Tax Act. Bill 58, Tuition Tax Cash Back Credit Act. By Hon. Mr. Alward, Bill 59, An Act to Amend the Aquaculture Act. By Hon. Ms. Fowlie, Bill 60, An Act to Amend the Assessment and Planning Appeal Board Act. By Hon. Ms. Blaney, Bill 61, An Act to Amend the Occupational Health and Safety Act. Bill 62, An Act to Amend the Human Rights Act. By Hon. Mr. Steeves, Bill 63, An Act to Amend the Liquor Control Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. Lamrock gave Notice of Motion 99 that on Thursday, June 9, 2005, 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 correspondence between the Department of Trans- portation and the federal government, or other Canadian provincial governments, regarding the adoption of “open skies” reforms to federal regulation of the airline industry since June 9, 2003.

Mr. Armstrong gave Notice of Motion 100 that on Thursday, June 9, 2005, he would move the following resolution, seconded by Mr. Lamrock: WHEREAS this spring’s flood waters have caused much damage to homes and businesses; WHEREAS the Minister of Public Safety has proposed deductibles of $5,000 for home owners and $10,000 for businesses; WHEREAS many home owners and businesses cannot afford the deductibles described above; BE IT THEREFORE RESOLVED that the Legislative Assembly call upon the government to declare that this spring’s flood waters be declared a disaster and that deductibles for flood compensation for home owners and businesses be $1,000. 194 53-54 Elizabeth II, 2004-2005 June 2

Hon. Mr. Green, the Government House Leader, announced that following second reading of Bills and the two hours reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take under consideration the estimates of the Women’s Issues Branch, the Advisory Council on the Status of Women, and the Aboriginal Affairs Secretariat.

The Order being read for second reading of Bill 55, Public Trustee Act, a debate arose thereon. And the debate being ended and the question being put that Bill 55 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 55, Public Trustees Act, was read a second time and ordered referred to the Committee of the Whole House.

Pursuant to Notice of Motion 94, Mr. Albert moved, seconded by Mr. Doucet: WHEREAS ongoing challenges exist in the snow crab fisheries; WHEREAS disputes over the lobster fisheries have led to conflicts and concerns; WHEREAS the fisheries throughout this province face challenges regarding boundaries and fishing rights; WHEREAS year after year the fish processing plant workers experience great difficulty; BE IT RESOLVED that this Legislature urge the Minister of Agriculture, Fisheries and Aquaculture to establish a working group to address fisheries issues including representatives from Aboriginal Affairs, Public Safety and the associations representing fishermen and fisheries workers; BE IT FURTHER RESOLVED that this Legislature urge the Minister to present a framework for the working group to the Legislative Assembly during the current session of the Legislature. 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 being ended and the question being put, Motion 94 was defeated on the following recorded division: June 2 Journal of Assembly 195

YEAS - 22 Mr. McGinley Mr. Ouellette Mr. Foran Mr. Jamieson Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mrs. Lamrock Mr. Paulin Mr. Haché Mr. Burke Mr. Doucet Mr. Armstrong Mr. Murphy Mr. R. Boudreau Mr. Landry Mr. Kenny Mr. Brewer Mr. Branch Mr. Arseneault Mr. V. Boudreau Mr. Albert 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, according to Order, resolved itself into a Committee of Supply with Mr. Holder in the chair. 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 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.

And then, 6 o’clock p.m. the House adjourned. 196 53-54 Elizabeth II, 2004-2005 June 3

Friday, June 3, 2005. 10 o’clock a.m. Prayers. The following Bills were introduced and read a first time: By Hon. Mr. Volpé, Bill 64, Loan Act 2005. By Ms. Robichaud, Bill 65, An Act to Amend the Education Act. By Mr. Allaby, Bill 66, An Act to Amend the Film and Video Act. By Mr. Jamieson, Bill 67, An Act to Amend the Legislative Assembly Act. Ordered that the said Bills be read a second time at the next sitting.

It was agreed by unanimous consent to vary the hours of sitting, to recess from 12.45 to 1.45 o’clock p.m., and to adjourn at 4 o’clock p.m.

Hon. Mr. Green, Government House Leader, announced that it was the intention of government that following the Royal Assent Ceremony, the House would proceed to the second reading of Bills, following which the House would resolve itself into a Committee of Supply to continue consideration of the estimates of the Department of Natural Resources and the Department of the Environment and Local Government.

It was agreed by unanimous consent that Bill 64, Loan Act 2005, be given second reading, Committee of the Whole consideration, and third reading forthwith.

The Order being read for second reading of Bill 64, Loan Act 2005, a debate arose thereon. And the debate being ended and the question being put that Bill 64 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 64, Loan Act 2005, 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. June 3 Journal of Assembly 197

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 64, Loan Act 2005. 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 following Bill was read a third time: Bill 64, Loan Act 2005. Ordered that the said Bill does 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 5, Queen’s Printer Act. Bill 6, An Act to Amend the Judicature Act. Bill 7, An Act to Amend the Elections Act. Bill 42, An Act to Amend the Marital Property Act. Bill 44, An Act to Amend the Assignments and Preferences Act. Bill 46, An Act to Amend An Act Respecting The Certified General Accountants’ Association of New Brunswick. Bill 47, An Act to Amend the Assessment Act. Bill 49, An Act to Amend the Provincial Offences Procedure Act. Bill 64, Loan Act 2005. 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: 198 53-54 Elizabeth II, 2004-2005 June 3

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.

Mr. Speaker resumed the chair. The Order being read for second reading of Bill 56, Special Appropriation Act 2005, 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, Special Appropriation Act 2005, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 57, 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 57 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 57, An Act to Amend the New Brunswick Income Tax 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 58, Tuition Tax Cash Back Credit 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, Tuition Tax Cash Back Credit Act, was read a second time and ordered referred to the Committee of the Whole House.

At 12.45 o’clock p.m., Mr. Speaker left the chair to resume again at 1.45 o’clock p.m. 1.45 o’clock p.m. Mr. Speaker resumed the chair. The Order being read for second reading of Bill 59, An Act to Amend the Aquaculture Act, a debate arose thereon. And after some time, on motion of Hon. Mr. Alward, the debate was adjourned over. June 3 Journal of Assembly 199

The Order being read for second reading of Bill 60, An Act to Amend the Assessment and Planning Appeal Board Act, a debate arose thereon. And the debate being ended and the question being put that Bill 60 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 60, An Act to Amend the Assessment and Planning Appeal Board 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 61, 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 61 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 61, 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 62, An Act to Amend the Human Rights Act, a debate arose thereon. And the debate being ended and the question being put that Bill 62 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 62, An Act to Amend the Human Rights 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 63, An Act to Amend the Liquor Control Act, a debate arose thereon. And the debate being ended and the question being put that Bill 63 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 63, An Act to Amend the Liquor Control Act, was read a second time and ordered referred to the Committee of the Whole House.

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, 2005-2006 ORDINARY ACCOUNT DEPARTMENT OF NATURAL RESOURCES Resolved, That there be granted to Her Majesty a sum not exceeding $91,663,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Forest Management...... 51,361,000 Fish and Wildlife Management ...... 11,076,000 Minerals Management ...... 6,490,000 Corporate Services ...... 8,029,000 Land Management and Natural Areas...... 4,799,000 Regional Management ...... 9,103,000 First Nations Wood Harvest ...... 843,000 Less amounts authorized by law ...... 38,000 Voted ...... 91,663,000 WORKING CAPITAL – MAXIMUM BALANCES PETTY CASH ADVANCES Natural Resources ...... 30,000 INVENTORIES Natural Resources ...... 510,000 The said items were concurred in by the House.

And then, 3.22 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 96 June 2, 2005 June 7 Journal of Assembly 201

Tuesday, June 7, 2005. 1 o’clock p.m. Prayers. The following Bills were introduced and read a first time: By Mr. Foran, Bill 68, An Act to Amend the Custody and Detention of Young Persons Act. By Mr. Lamrock, Bill 69, An Act to Amend the Human Rights Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. Targett gave Notice of Motion 101 that on Tuesday, June 14, 2005, 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 correspondence, e-mails, reports, studies and any other documents related to the highway construction and repair priorities in the Department of Transportation District 5, Electoral District 47 of the current fiscal year.

Mr. Targett gave Notice of Motion 102 that on Tuesday, June 14, 2005, 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, e-mails, reports, studies and any other documents related to the Hanwell Road ramp construction committee to being completed in the fall of 2006.

Mr. Murphy gave Notice of Motion 103 that on Tuesday, June 14, 2005, 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 the total number of operational video lottery terminals in New Brunswick for the fiscal years 1998-1999 and 2004-2005.

Hon. Mr. Green, the Government House Leader, announced that following second reading and the two hours reserved for Private 202 53-54 Elizabeth II, 2004-2005 June 7

Members’ Motions, 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 and the Maritime Provinces Higher Education Commission.

The Order being read for second reading of Bill 65, An Act to Amend the Education 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 65 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 65, An Act to Amend the Education 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 66, An Act to Amend the Film and Video Act, 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, An Act to Amend the Film and Video 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 67, An Act to Amend the Legislative Assembly 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 Legislative Assembly Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent to limit the debate on Motion 98 to two government speakers and two opposition speakers and to conclude consideration of Private Members’ Motions at the end of said debate.

Pursuant to Notice of Motion 98, Mr. V. Boudreau, seconded by Mr. MacIntyre, moved: June 7 Journal of Assembly 203

WHEREAS cancer is the leading cause of death in New Brunswick; WHEREAS cancer rates are soaring due to our aging population; WHEREAS 3,580 new cases of cancer are diagnosed each year; WHEREAS New Brunswick has the second-highest cancer incidence rate in Canada; WHEREAS the Cancer Control Accountability Framework for New Brunswick was developed by more than 170 cancer care experts and cancer survivors to ensure that the New Brunswick health system is prepared to meet this growing demand; WHEREAS New Brunswick will not be prepared to meet the cancer challenge unless swift action is taken; BE IT THEREFORE RESOLVED that the Legislative Assembly call upon the provincial government to implement a provincial cancer control strategy in collaboration with all stakeholders by March 2006. And the question being put, a debate ensued. And the debate being ended and the question being put, Motion 98 was carried.

And then, 6 o’clock p.m., the House adjourned. 204 53-54 Elizabeth II, 2004-2005 June 8

Wednesday, June 8, 2005. 10 o’clock a.m. Prayers. Mr. Haché, Member for Nigadoo-Chaleur, laid upon the table of the House a petition signed by concerned residents of the village of Belledune who urge the government to pave the road from the smelter to Pointe-Verte. (Petition 47)

The following Bills were introduced and read a first time: By Hon. Ms. Fowlie, Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal. By Mr. Allaby, Bill 71, An Act to Amend the Prescription Drug Payment Act. Ordered that the said Bills be read a second time at the next sitting.

Mr. S. Graham gave Notice of Motion 104 that on Tuesday, June 14, 2005, he would move the following resolution, seconded by Mr. MacIntyre: WHEREAS the extension of the current Auditor General’s mandate will allow the public to learn what happened during the orimulsion fiasco; BE IT RESOLVED that the Legislative Assembly urge the Lieutenant- Governor in Council to, upon the expiry of the appointment of the current Auditor General, appoint Daryl Wilson to perform the duties of the Auditor General for a period not to exceed one hundred and twenty days.

Mr. Paulin gave Notice of Motion 105 that on Tuesday, June 14, 2005, 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 moneys, correspondence, e-mails and commitments from the Department of Natural Resources, specifically in regard to the silviculture program on Crown lands and private woodlots to the seven (7) marketing boards from 1999 to date.

Mr. Lamrock gave Notice of Motion 106 that on Tuesday, June 14, 2005, he would move the following resolution, seconded by Mr. Murphy: June 8 Journal of Assembly 205

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 letters, background documents, contracts and e-mails related to the agreement with the federal government for the harmonization of the federal and provincial student loan programs and the subsequent elimination of New Brunswick’s six-month interest-free period on student loans since June 9, 2003.

Mr. Lamrock gave Notice of Motion 107 that on Tuesday, June 14, 2005, he would move the following resolution, seconded by Mr. V. 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 letters, background documents, contracts and e-mails related to the improvement of standards and protocols relating to patient safety in New Brunswick hospitals since June 9, 2003.

Mr. V. Boudreau gave Notice of Motion 108 that on Tuesday, June 14, 2005, he would move the following resolution, seconded by Mr. R. 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 letters, background documents, contracts and e-mails related to the development of any new protocol for the transfer of trauma and/or critical care patients in the province of New Brunswick since June 9, 2003.

Hon. Mr. Green, the Government House Leader, announced that following second reading of Bills, 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 Health and Wellness.

The Order being read for second reading of Bill 68, An Act to Amend the Custody and Detention of Young Persons Act, a debate arose thereon. And after some time, on motion of Hon. Mr. Steeves, the debate was adjourned over on the following recorded division: 206 53-54 Elizabeth II, 2004-2005 June 8

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 - 24 Mr. McGinley Mr. Albert Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Kennedy Mr. MacIntyre Ms. Robichaud Mr. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Burke Mr. Doucet Mr. Armstrong Mr. Murphy Mr. R. Boudreau Mr. Landry Mr. Kenny Mr. Brewer Mr. Branch Mr. Arseneault Mr. V. Boudreau

The Order being read for second reading of Bill 69, An Act to Amend the Human Rights Act, a debate arose thereon. And the debate being ended and the question being put that Bill 69 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 69, An Act to Amend the Human Rights 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. At 12.15 o’clock p.m., the Chairman declared a recess and, as agreed to, left the chair to resume again at 1.45 o’clock p.m. 1.45 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. 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 June 8 Journal of Assembly 207

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.

Thursday, June 9, 2005. 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: June 9, 2005. 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 June 7, 2005, in the Legislative Assembly Chamber and had under consideration: Bill 51, Registered Professional Planners Act which it recommends to the favourable consideration of the House. Your Committee also had under consideration: Bill 52, An Act to Amend An Act Respecting Podiatry and reports that they have made certain progress therein. And your Committee begs leave to make a further report. I move, seconded by the Member for Moncton Crescent, that the report be concurred in by the House. (Sgd.:) Mr. Milton Sherwood, M.L.A. Chairman. Mr. Speaker put the question on the motion of concurrence in the report of the Committee and it was resolved in the affirmative.

The following Bills were introduced and read a first time: By Hon. Mr. Lord, Bill 72, Electoral Boundaries and Representation Act. By Hon. Mr. Ashfield, Bill 73, An Act to Amend the Crown Lands and Forests Act. Ordered that the said Bills be read a second time at the next sitting. June 9 Journal of Assembly 209

Hon. Mr. Green, the Government House Leader, announced that it was the intention of government that the House proceed with second reading, followed by the two hours reserved for Private Members’ Motions.

The Order being read for second reading of Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal, 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 and announced that due to the expiration of time, debate on the motion would be adjourned.

And then, 6 o’clock p.m., the House adjourned. 210 53-54 Elizabeth II, 2004-2005 June 10

Friday, June 10, 2005. 10 o’clock a.m. Prayers. Following Oral Questions, Mr. Speaker stated that Members directing questions to one Minister shall not at the same time make remarks directed at another.

Hon. Mr. Green, Government House Leader, announced that it was the intention of government that Private Bill 51 be read a second time today. Hon. Mr. Green proposed that the House resume debate on second reading of Bill 70 and proceed to second reading of Bills 71, 72, 73; following which, 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 Orders of the day as proposed by the Government House Leader and to vary the hours of sitting, to recess from 12.30 to 1 o’clock p.m., and to adjourn at 4.30 o’clock p.m.

The following Private Bill was read a second time: Bill 51, Registered Professional Planners Act. Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 51 for third reading forthwith.

The following Private Bill was read a third time: Bill 51, Registered Professional Planners Act. Ordered that the said Bill does pass.

Debate resumed on the adjourned debate on the motion for second reading of Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal. 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 70 be now read a second time, it was resolved in the affirmative on the following recorded division: June 10 Journal of Assembly 211

YEAS - 27 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. 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. Albert Mr. Foran Mr. MacIntyre Mr. Ouellette Mr. A. LeBlanc Mr. Allaby Ms. Robichaud Mr. Paulin Mr. S. Graham Mr. Lamrock Mr. Doucet Mr. Haché Mr. Targett Mr. R. Boudreau Mr. Armstrong Mr. Burke Mr. Brewer Mr. Landry Mr. Murphy Mr. V. Boudreau Mr. Branch Mr. Kenny Accordingly, Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal, was read a second time and ordered referred to the Committee of the Whole House.

At 12.30 o’clock p.m., Mr. Speaker left the chair to resume again at 1 o’clock p.m. 1.08 o’clock p.m. Mr. Speaker resumed the chair. The Order being read for second reading of Bill 71, An Act to Amend the Prescription Drug Payment Act, a debate arose thereon. And the debate being ended and the question being put that Bill 71 be now read a second time, it was resolved in the negative.

The Order being read for second reading of Bill 72, Electoral Boundaries and Representation 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, Electoral Boundaries and Representation Act, was read a second time and ordered referred to the Committee of the Whole House. 212 53-54 Elizabeth II, 2004-2005 June 10

The Order being read for second reading of Bill 73, An Act to Amend the Crown Lands and Forests Act, a debate arose thereon. And the debate being ended and the question being put that Bill 73 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 73, An Act to Amend the Crown Lands and Forests 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. 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, 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, 2005-2006 ORDINARY ACCOUNT DEPARTMENT OF HEALTH AND WELLNESS Resolved, That there be granted to Her Majesty a sum not exceeding $1,774,201,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Administrative Services ...... 17,464,000 Public Health and Medical Services ...... 636,938,000 Institutional Services ...... 1,058,145,000 Mental Health Services ...... 61,692,000 Less amounts authorized by law ...... 38,000 Voted ...... 1,774,201,000 WORKING CAPITAL – MAXIMUM BALANCES WORKING CAPITAL ADVANCES Health and Wellness ...... 3,202,000 PETTY CASH ADVANCES Health and Wellness ...... 30,000 June 10 Journal of Assembly 213

The said items were concurred in by the House.

With leave of the House, Hon. Mr. Green moved, seconded by Mr. Lamrock: THAT, notwithstanding the Special Order of the House adopted December 10, 2004, when the Assembly adjourns at the end of this sitting day, it shall stand adjourned until Tuesday, June 21, 2005, at 10 o’clock a.m., at which time it shall continue to meet to transact its business. (Motion 109) And the question being put, it was resolved in the affirmative.

With leave of the House, Hon. Mr. Green moved, seconded by Mr. Lamrock: THAT, pursuant to Standing Rule 109, all estimates not yet adopted by the Committee of Supply be referred to the Standing Committee on Estimates which shall report its progress to the House on June 21, 2005. (Motion 110) And the question being put, it was resolved in the affirmative.

And then, 3.41 o’clock p.m. the House adjourned. 214 53-54 Elizabeth II, 2004-2005 June 21

Tuesday, June 21, 2005. 10 o’clock a.m. Prayers. Mr. Speaker informed the House of the decision of the National Council of the Canadian Cancer Society to recognize the Legislative Assembly of New Brunswick’s significant contribution to cancer control by awarding the Special Recognition Award, in appreciation for enacting the Smoke-Free Places Act.

Mr. Paulin, Member for Restigouche West, laid upon the table of the House, a petition signed by residents of his constituency urging the government to sign the bilateral agreement on day care services with the federal government prior to a federal election. (Petition 48)

Mr. MacDonald from the Standing Committee on Estimates presented the First Report of the Committee, which was read and is as follows: June 21, 2005. To The Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: Your Committee on Estimates begs leave to submit this their first report. Your Committee met in the Legislative Assembly Chamber on June 9, 2005 for the purposes of electing a Chair and Vice Chair. On motion of Hon. P. Robichaud, seconded by Mr. Stiles, Mr. MacDonald was elected Chairman. On motion of Hon. Mrs. MacAlpine, seconded by Hon. D. Graham, Mr. Williams was elected Vice Chair. Your Committee met in the Legislative Assembly Chamber on June 14, 15, 16, 17 and 20, 2005, to consider the estimates referred by resolution of the House adopted June 10, 2005 (Motion 110). Your Committee wishes to report that all of the items referred to it were passed, with the exception of the estimates related to Department of Transportation and Service New Brunswick, which estimates have yet to be considered. Your Committee recommends that the estimates adopted by the Committee and outlined in the attached report be concurred in by the House. June 21 Journal of Assembly 215

And your Committee begs leave to make a further report. (Sgd.:) Kirk MacDonald, MLA. Chairman. 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 full Report of the Committee as presented is as follows: June 21, 2005. To The Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: Your Committee on Estimates begs leave to submit this their first report. Your Committee met in the Legislative Assembly Chamber on June 9, 2005 for the purposes of electing a Chair and Vice Chair. On motion of Hon. P. Robichaud, seconded by Mr. Stiles, Mr. MacDonald was elected Chairman. On motion of Hon. Mrs. MacAlpine, seconded by Hon. D. Graham, Mr. Williams was elected Vice Chair. Your Committee met in the Legislative Assembly Chamber on June 14, 15, 16, 17 and 20, 2005, to consider the estimates referred by resolution of the House adopted June 10, 2005 (Motion 110). Your Committee wishes to report that all of the items referred to it were passed, with the exception of the estimates related to Department of Transportation and Service New Brunswick, which estimates have yet to be considered. The following are the items that were passed by the Committee: MAIN ESTIMATES, 2005-2006 ORDINARY ACCOUNT Aboriginal Affairs Secretariat ...... 757,000 Advisory Council on the Status of Women ...... 418,000 Council of Atlantic Premiers ...... 772,000 Culture and Sport Secretariat ...... 11,948,000 Department of Education ...... 802,572,000 Department of Energy ...... 1,874,000 Department of the Environment and Local Government ...... 55,434,000 Department of Family and Community Services ...... 735,710,000 Department of Intergovernmental and International Relations ...... 3,131,000 Intergovernmental Conferences ...... 25,000 216 53-54 Elizabeth II, 2004-2005 June 21

Legislative Assembly – Leaders of Registered Political Parties ...... 1,617,000 Legislative Assembly – Members Allowances and Committees ...... 2,619,000 Legislative Assembly – Office of the Auditor General ...... 1,711,000 Legislative Assembly – Office of the Chief Electoral Officer ...... 961,000 Legislative Assembly – Office of the Child and Youth Advocate...... 435,000 Legislative Assembly – Office of the Commissioner of Official Languages ...... 483,000 Legislative Assembly – Office of the Consumer Advocate for Insurance ...... 435,000 Legislative Assembly – Office of the Legislative Assembly...... 2,827,000 Legislative Assembly – Office of the Ombudsman...... 704,000 Legislative Assembly – Office of the Supervisor of Political Financing ...... 132,000 Maritime Provinces Higher Education Commission ...... 197,666,000 LOANS AND ADVANCES Department of Education – Student Loan Advances ...... 273,702,000 Department of Family and Community Services – Housing...... 5,905,000 WORKING CAPITAL – MAXIMUM BALANCES WORKING CAPITAL ADVANCES Department of Education – Atlantic Provinces Special Education Authority ...... 350,000 Department of the Environment and Local Government ...... 20,000 Department of Family and Community Services ...... 1,900,000 PETTY CASH ADVANCES Department of Education ...... 120,000 Department of the Environment and Local Government ...... 20,000 Department of Family and Community Services ...... 24,000 INVENTORIES Department of Education ...... 350,000 Department of Family and Community Services ...... 100,000 SUPPLEMENTARY ESTIMATES 2004-2005 VOLUME II ORDINARY ACCOUNT Department of Agriculture, Fisheries and Aquaculture ...... 7,750,000 Department of Family and Community Services ...... 4,000,000 Supplementary Funding Provision ...... 10,000,000 Department of Supply and Services ...... 4,400,000 CAPITAL ACCOUNT Department of Transportation ...... 5,025,000 And your Committee asks leave to make a further report. (Sgd.:) Kirk MacDonald, MLA. Chairman. June 21 Journal of Assembly 217

Mr. Foran gave Notice of Motion 111 that on Tuesday, June 28, 2005, 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, including e-mails, faxes, letters, memoranda and briefing notes relating to all discussions that occurred between the Department of Public Safety and the Royal Canadian Mounted Police J-Division between January 1st 2004 until June 21, 2005.

Mr. Arseneault gave Notice of Motion 112 that on Tuesday, June 28, 2005, he would move the following resolution, seconded by Mr. Jamieson: 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 number of applicants to the Environmental Trust Fund Program, by provincial riding, for the current fiscal year.

It was agreed by unanimous consent to vary the hours of sitting, to recess at 12.30 o’clock p.m., to resume at 2 o’clock p.m., to recess at 6 o’clock p.m., to resume at 7 o’clock p.m., and to sit no later than 10 o’clock p.m.

On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud, RESOLVED, that the estimates of the Department of Transportation and Service New Brunswick be referred back to the Committee of Supply.

Hon. Mr. Green, the Government House Leader, announced that following Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Transportation and Service New Brunswick.

Pursuant to Notice of Motion 100, Mr. Armstrong, seconded by Mr. Lamrock, moved: WHEREAS this spring’s flood waters have caused much damage to homes and businesses; 218 53-54 Elizabeth II, 2004-2005 June 21

WHEREAS the Minister of Public Safety has proposed deductibles of $5,000 for home owners and $10,000 for businesses; WHEREAS many home owners and businesses cannot afford the deductibles described above; BE IT THEREFORE RESOLVED that the Legislative Assembly call upon the government to declare that this spring’s flood waters be declared a disaster and that deductibles for flood compensation for home owners and businesses be $1,000. And the question being put, a debate ensued. During the debate, it was agreed by unanimous consent to conclude the time reserved for Private Members’ Motions upon the conclusion of the debate on Motion 100. And the debate being ended and the question being put, Motion 100 was negatived on the following recorded division: YEAS - 23 Mr. McGinley Mr. Ouellette Mr. Kennedy Mr. Jamieson Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Haché Mr. Burke Mr. R. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Arseneault Mr. V. Boudreau Mr. Branch Mr. Foran NAYS - 25 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. MacDonald Hon. D. Graham Hon. P. Robichaud Mr. Stiles Hon. Ms. MacAlpine Hon. Mr. Alward Mr. Holder Mr. Sherwood Hon. Mr. Huntjens Mr. C. LeBlanc Hon. Mr. Steeves

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. June 21 Journal of Assembly 219

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. And after some time, Mr. Holder resumed the chair. At 6 o’clock p.m., the Chairman left the chair to resume again at 7 o’clock p.m. 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 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 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. The following are the items reported: MAIN ESTIMATES, 2005-2006 ORDINARY ACCOUNT 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, 2006: Service New Brunswick – Government Service Delivery ...... 19,525,000 Service New Brunswick – Property Tax Assessment Provision ...... 5,885,000 DEPARTMENT OF TRANSPORTATION Resolved, That there be granted to Her Majesty a sum not exceeding $143,404,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2006: Administration ...... 20,909,000 Policy, Development and Intergovernmental Relations ...... 3,069,000 Maintenance ...... 54,358,000 Winter Maintenance...... 50,840,000 Bridge and Highway Construction ...... 4,655,000 New Brunswick Highway Corporation ...... 19,769,000 Less amounts authorized by law ...... 10,196,000 Voted ...... 143,404,000 220 53-54 Elizabeth II, 2004-2005 June 21

WORKING CAPITAL - MAXIMUM BALANCES 2005 - 2006 Voted PETTY CASH ADVANCES Transportation ...... 50,000 INVENTORIES Transportation ...... 19,000,000 The said items were concurred in by the House.

And then, 10.02 o’clock p.m., the House adjourned. June 22 Journal of Assembly 221

Wednesday, June 22, 2005. 10 o’clock a.m. Prayers. Mr. Doucet, Member for Charlotte, laid upon the table of the House a petition signed by residents of Pennfield and surrounding areas who do not want a licensed establishment in their area. (Petition 49)

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 22, 2005. 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 21, 2005, in the Legislative Assembly and had under consideration: Bill 52, An Act to Amend An Act Respecting Podiatry which it recommends to the favourable consideration of the House with certain amendments. And your Committee begs leave to make a further report. I move, seconded by the Member for Moncton Crescent, that the report be concurred in by the House. Mr. Milton Sherwood, M.L.A. Chairman. Mr. Speaker put the question on the motion of concurrence in the report of the Committee and it was resolved in the affirmative.

The following Bills were introduced and read a first time: By Hon. E. Robichaud, Bill 74, An Act to Amend the Medical Services Payment Act. By Mr. Lamrock, Bill 75, An Act Respecting Access to Community College. Ordered that the said Bills be read a second time at the next sitting. 222 53-54 Elizabeth II, 2004-2005 June 22

Mr. MacIntyre gave Notice of Motion 113 that on Thursday, June 30, 2005, he would move the following resolution, seconded by Mr. Jamieson: 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, handwritten notes, reports, analysis and research relating to the determination of the projected tax assessment for the proposed LNG facility.

Mr. Armstrong gave Notice of Motion 114 that on Thursday, June 30, 2005, 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 a) all documents including but not limited to letters, e-mails, reports relating to the formula developed; and b) the formula; establishing the fuel surcharge fee which road builder and related contractors may charge the province of New Brunswick.

Mr. Albert gave Notice of Motion 115 that on Thursday, June 30, 2005, 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 a breakdown of expenses relating to the supplier Smith & Harroff, Inc., including all correspondence, faxes, e-mails, contracts, invoices, and any other documentation, for the 2003-04 and 2004-05 fiscal years.

Mr. S. Graham gave Notice of Motion 116 that on Thursday, June 30, 2005, 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 proposals received for tender #1805003 from the Department of Supply and Services.

Mr. S. Graham gave Notice of Motion 117 that on Thursday, June 30, 2005, he would move the following resolution, seconded by Mr. Brewer: June 22 Journal of Assembly 223

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, documents and analysis regarding the evaluation template used to evaluate the proposals received for tender #1805003 from the Department of Supply and Services as well as: 1) the names of the firms invited to bid 2) the names of firms that submitted bids 3) the overall scores received by the firms 4) the breakout of points assigned to each criteria in the evaluation process, and 5) how price is assigned a score within this process.

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 1 o’clock p.m. on Tuesday, June 28, 2005.

Hon. Mr. Green, Government House Leader, announced that it was the intention of government that the House resume the adjourned debate on the motion for second reading of Bill 59, following which the House would resolve itself into a Committee of the Whole to consider Bills 39, 40, 63, 43, 73, 60 and 70.

The Order of the Day for resuming the adjourned debate on the motion, That Bill 59, An Act to Amend the Aquaculture Act, be now read a second time, having been read, The debate was resumed. And the debate being ended, and the question being put, it was resolved in the affirmative. Accordingly, Bill 59, An Act to Amend the Aquaculture Act, was read a second time and ordered referred to the Committee of the Whole House.

The House resolved itself into a Committee of the Whole with Mr. C. LeBlanc in the chair. At 12.30 o’clock p.m., the Chairman declared a recess and left the chair to resume again at 2 o’clock p.m. 224 53-54 Elizabeth II, 2004-2005 June 22

2 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. At 3.33 o’clock p.m., the Acting Chairman declared a recess and left the chair. 4.05 o’clock p.m. The Committee resumed with Mr. C. LeBlanc in the chair. At 4.24 o’clock p.m. the Chairman declared a recess and left the chair. 5.12 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 directed that he report the following Bills as agreed to: Bill 39, An Act to Amend the Emergency 911 Act. Bill 40, An Act to Amend the Victims Services Act. Bill 43, An Act to Repeal the Marine Insurance Act. Bill 60, An Act to Amend the Assessment and Planning Appeal Board Act. Bill 63, An Act to Amend the Liquor Control Act. Bill 73, An Act to Amend the Crown Lands and Forests Act. And that the Committee had directed him to report progress on the following Bill: Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal. 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.

Tuesday, June 28, 2005. 1 o’clock p.m. Prayers. The Honourable the Premier extended the condolences of the House to the family of Hon. Percy Mockler, Minister of Intergovernmental and International Affairs, on the death of his father-in-law, Mr. Roméo Soucy.

Mr. MacIntyre, Member for Saint John Champlain, laid upon the table of the House a petition signed by residents of the Saint John area urging the government to debate in the Legislative Assembly the issue of whether the Saint John City Council has the authority to give approval for tax concessions in the LNG matter. (Petition 50)

During Statements by Ministers, Hon. Mr. Green rose on a point of order and submitted that Mr. Arseneault was in breach of Standing Rule 40(2) in that his response to the Minister of Tourism and Park’s statement was not brief. Mr. Lamrock also spoke on the point of order. Mr. Speaker ruled the point well taken and stated that all statements and comments in reply should be brief.

The following Bills were introduced and read a first time: By Hon. Mr. Green, Bill 76, An Act to Amend the Marriage Act. By Hon. Mr. Volpé, Bill 77, Appropriations Act 2005-2006. Bill 78, Supplementary Appropriations Act 2004-2005 (2). 226 53-54 Elizabeth II, 2004-2005 June 28

By Mr. Lamrock, Bill 79, Tuition Break for Students in New Brunswick Act. By Mr. Allaby, Bill 80, An Act Respecting Fair Residential Property Tax Assessment.

With leave of the House, the order for referral of Bill 34, Franchise Act, to the Committee of the Whole House was discharged and the Bill was withdrawn.

The following Bill was introduced and read a first time: By Mr. Haché, Bill 81, Franchises Act. Ordered that the said Bill be read a second time at the next sitting.

Hon. Mr. Green, the Government House Leader, announced that following third and second reading of Bills, and the time reserved for Private Member’s Motions, it was the intention of government that the House resolve itself into a Committee of the Whole to consider Bills 48, 55, 59, 50 and 72; and that Private Bill 52 be ordered for second reading.

The following Bills were read a third time: Bill 39, An Act to Amend the Emergency 911 Act. Bill 40, An Act to Amend the Victims Services Act. Bill 43, An Act to Repeal the Marine Insurance Act. Bill 60, An Act to Amend the Assessment and Planning Appeal Board Act. Bill 63, An Act to Amend the Liquor Control Act. Bill 73, An Act to Amend the Crown Lands and Forests Act. Ordered that the said Bills do pass.

The following Private Bill was read a second time: Bill 52, An Act to Amend An Act Respecting Podiatry. Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 52 for third reading forthwith.

The following Private Bill was read a third time: Bill 52, An Act to Amend An Act Respecting Podiatry. Ordered that the said Bill does pass. June 28 Journal of Assembly 227

The Order being read for second reading of Bill 74, 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 74 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 74, 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 Order being read for second reading of Bill 75, An Act Respecting Access to Community College, a debate arose thereon. 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, An Act Respecting Access to Community College, was read a second time and ordered referred to the Committee of the Whole House.

Pursuant to Notice of Motion 104, Mr. S. Graham, seconded by Mr. MacIntyre, moved: WHEREAS the extension of the current Auditor General’s mandate will allow the public to learn what happened during the orimulsion fiasco; BE IT RESOLVED that the Legislative Assembly urge the Lieutenant- Governor in Council to, upon the expiry of the appointment of the current Auditor General, appoint Daryl Wilson to perform the duties of the Auditor General for a period not to exceed one hundred and twenty days. 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, Mr. Betts took the chair as Acting Speaker. And after some further time, Mr. Holder resumed the chair. During the debate, Mr. Holder, the Deputy Speaker interrupted proceedings to remind Members that the word “corrupt” when used in reference to the Government or other Members may be deemed unparliamentary. And after some time, Mr. Speaker resumed the chair. And the debate being ended and the question being put, the House divided as follows: 228 53-54 Elizabeth II, 2004-2005 June 28

YEAS - 26 Mr. McGinley Mr. Albert Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Kennedy Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Haché Mr. Burke Mr. R. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. V. Boudreau Mr. Branch Mr. Arseneault NAYS - 26 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 Mr. Sherwood Hon. Mr. Huntjens There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative. Accordingly, Motion 104 was negatived.

At 4.59 o’clock p.m., Mr. Speaker declared a 10-minute recess and left the chair. 5.22 o’clock p.m. Mr. Speaker resumed the chair.

The House resolved itself into a Committee of the Whole 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 directed that he report the following Bills agreed to as amended: Bill 48, Support Enforcement Act. Bill 55, Public Trustee Act. June 28 Journal of Assembly 229

Bill 59, An Act to Amend the Aquaculture 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.

It was agreed by unanimous consent that Bills 77 and 78 be read a second time forthwith. Accordingly, the following Bills were read a second time and ordered referred to the Committee of the Whole House. Bill 77, Appropriations Act 2005-2006. Bill 78, Supplementary Appropriations Act 2004-2005 (2).

It was agreed by unanimous consent that the Order referring Bills 77, 78, 35, 56 and 57 to the Committee of the Whole House be discharged and that the Standing Rules of the House be suspended to dispense with Committee of the Whole House consideration of Bills 77, 78, 35, 56 and 57 and that the said Bills be read a third time forthwith.

The Order being read for third reading of Bill 77, Appropriations Act 2005-2006, a debate arose thereon. And the debate being ended, and the question being put that Bill 77 be now read a third time, the House divided as follows: YEAS - 26 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 Mr. Sherwood Hon. Mr. Huntjens NAYS - 26 Mr. McGinley Mr. Albert Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Kennedy Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin 230 53-54 Elizabeth II, 2004-2005 June 28

Mr. S. Graham Mr. Targett Mr. Doucet Mr. Haché Mr. Burke Mr. R. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. V. Boudreau Mr. Branch Mr. Arseneault There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the affirmative. Accordingly, Bill 77, Appropriations Act 2005-2006, was read a third time and passed. Mr. Allaby rose on a point of order to request that the Speaker state his reasons for casting his vote in the affirmative. Mr. Speaker stated that although he had not stated reasons or given a rationale for previous casting votes, on a motion of confidence in the government it was not up to the Speaker to go against the will of the people of the province and therefore the Speaker ought to vote in the affirmative.

The Order being read for third reading of Bill 78, Supplementary Appropriations Act 2004-2005 (2), a debate arose thereon. And the debate being ended, and the question being put that Bill 78 be now read a third time, the House divided as follows: YEAS - 26 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 Mr. Sherwood Hon. Mr. Huntjens NAYS - 26 Mr. McGinley Mr. Albert Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Kennedy Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Haché Mr. Burke Mr. R. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. V. Boudreau Mr. Branch Mr. Arseneault June 28 Journal of Assembly 231

There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the affirmative. Accordingly, Bill 78, Supplementary Appropriations Act 2004-2005 (2), was read a third time and passed.

The following Bill was read a third time and passed: Bill 35, Capital Appropriations Act 2005-2006.

The Order being read for third reading of Bill 56, Special Appropriation Act 2005, a debate arose thereon. And the debate being ended, and the question being put that Bill 56 be now read a third time, the House divided as follows: YEAS - 26 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 Mr. Sherwood Hon. Mr. Huntjens NAYS - 26 Mr. McGinley Mr. Albert Mr. Foran Mr. Jamieson Mr. Ouellette Mr. Kennedy Mr. MacIntyre Ms. Robichaud Mr. A. LeBlanc Mr. Allaby Mr. Lamrock Mr. Paulin Mr. S. Graham Mr. Targett Mr. Doucet Mr. Haché Mr. Burke Mr. R. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. V. Boudreau Mr. Branch Mr. Arseneault There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the affirmative. Accordingly, Bill 56, Special Appropriation Act 2005, was read a third time and passed. 232 53-54 Elizabeth II, 2004-2005 June 28

The following Bill was read a third time and passed: Bill 57, An Act to Amend the New Brunswick Income Tax Act.

And then, 6.50 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 103 June 16, 2005 Documents requested in Notices of Motions 88, 89, 112 June 27, 2005 Annual Report 2004-2005, Atlantic Health Sciences Corporation June 27, 2005 June 29 Journal of Assembly 233

Wednesday, June 29, 2005. 10 o’clock a.m. Prayers. Hon. Ms. Dubé welcomed to the House His Excellency M. Mamadou Traoré, the Minister of Education for the State of Mali.

Mr. Speaker recognized Mr. Todd Larsen of Charlotte County and accepted on behalf of the Members of the Assembly a painting of the New Brunswick Legislature painted by Mr. Larsen.

Mr. Branch from the Standing Committee on Public Accounts presented the First Report of the Committee, which was read and is as follows: June 29, 2005. To the Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: I have the honour to present herewith the First Report of the Standing Committee on Public Accounts. The report outlines the activities of the Committee during the First Session of the Fifty-fifth Legislative Assembly. Your Committee wishes to thank the many government officials who appeared during the public sessions and wishes to acknowledge their cooperation in providing follow-up information. And your Committee begs leave to make a further report. (Sgd.:) Frank Branch, MLA. Chairman. Ordered that the report be received and the Committee continued. The full report of the Committee as presented is as follows: June 29, 2005. To The Honourable The Legislative Assembly of The Province of New Brunswick Mr. Speaker: Your Standing Committee on Public Accounts begs leave to submit this, their First Report. 234 53-54 Elizabeth II, 2004-2005 June 29

The report outlines the activities of the Committee during the First Session of the Fifty-fifth Legislative Assembly. Pursuant to Standing Rule 99, the clerk convened a meeting of the Committee on Wednesday August 6, 2003, and presided over the election of a Chair and Vice Chair. On motion of Mr. Allaby, seconded by Mr. Haché, Mr. Branch was elected Chair of the Committee. On motion of Mr. Carr, seconded by Mr. MacDonald, Mr. Sherwood was elected Vice-Chair. The Committee held an organizational meeting on September 30, 2003, to set dates for future meetings and discuss an agenda. On October 9, 2003, the Office of the Auditor General held an orientation session for members of the Committee. Topics included: Comments on Accountability; the Role of the Office of the Auditor General; the Government’s Annual Report Policy; and Making Use of Annual Reports. The Committee met in the Legislative Council Chamber on October 9, 10 and November 14, 2003, to review the activities and financial statements of various government departments for the year ending March 31, 2002. Officials of the following departments and offices of government appeared before the Committee: Department of Intergovernmental Affairs Department of Supply and Services Department of Transportation Office of the Auditor General Office of the Comptroller On December 9, 2003, the Committee met in a joint session with the Standing Committee on Crown Corporations to receive and review the Report of the Auditor General of New Brunswick Volume I, 2003. The Auditor General briefed Members on the nature of the work undertaken during the year and on the contents and findings of the Report. The Committee met on January 6 and 7, 2004, to continue its consideration of departmental reports for the year ending March 31, 2002. Officials of the following departments and offices of government appeared before the Committee: Department of Business New Brunswick Department of Justice Department of Tourism and Parks Office of Human Resources. June 29 Journal of Assembly 235

The Committee met in the Legislative Council Chamber on January 13, 14, 20, 21, 27 and 28, 2004, to consider departmental reports and to review the Public Accounts of the Province of New Brunswick for the year ending March 31, 2003 (including the year ending March 31, 2002, where necessary). Officials of the following departments and offices of government appeared before the Committee: Department of Education Department of Family and Community Services Department of Finance (including Service of the Public Debt) Department of Health and Wellness Department of Natural Resources Department of Public Safety Department of Supply and Services Department of Training and Employment Development Office of the Auditor General Office of the Comptroller Office of Human Resources The following motion, moved by Mr. Betts on January 21, 2004, was adopted by the Committee and is recommended to the House: Whereas it is the responsibility of the Government of New Brunswick to provide all citizens who need it with access to nursing homes; Whereas it is also the responsibility of the Government of New Brunswick to ensure that all services to its citizens are fiscally managed in an appropriate manner; And whereas it was noted in this government’s platform entitled “Reaching Higher, Going Further” that the government “will reduce the burden on seniors requiring nursing home care and their families by allowing seniors to keep more of their savings for themselves, their spouses, and their children by raising the cash exemptions”. Be it therefore resolved that this committee recommend to the Legislative Assembly that it continue to provide support to the government and the Minister of Family and Community Services to bring about a balanced plan that will meet the fiscal needs of the Province of New Brunswick while addressing the financial needs of seniors. The Committee met in the Legislative Council Chamber on February 17, 2004, with respect to the release of the Report of the Auditor General of New Brunswick Volume 2, 2003. The Auditor General, Daryl Wilson, outlined the contents of the Report and answered questions with respect to same. 236 53-54 Elizabeth II, 2004-2005 June 29

The Committee met in the Legislative Council Chamber on March 23 and 24, 2004. Officials of the following government departments appeared before the Committee and answered questions with respect to the fiscal year ending March 31, 2003: Department of Business New Brunswick Department of Intergovernmental and International Relations Department of Tourism and Parks Department of Transportation The Committee met on September 15, 2004. The following motion, moved by Mr. Allaby and seconded by Mr. Betts, was adopted by the Committee: That the Chairman express to the Clerk and staff of the Legislative Assembly the sincere appreciation of the Public Accounts Committee for the excellent work done in hosting the Canadian Conference of Public Accounts Committees here in Fredericton, August 29 to 31, 2004. The Committee met in the Legislative Council Chamber on September 28, 29, 30, October 8, 26, and November 9, 2004, to continue its review of the activities and financial statements of government for the year ending March 31, 2003 (including the year ending March 31, 2002, where necessary). Officials of the following departments and offices appeared before the Committee: Aboriginal Affairs Secretariat Advisory Council on the Status of Woman Culture and Sport Secretariat Department of Agriculture, Fisheries and Aquaculture Department of Environment and Local Government Department of Justice Executive Council Office Labour and Employment Board Legislative Assembly Maritime Provinces Higher Education Commission New Brunswick Police Commission Office of the Premier Premier’s Council on the Status of Disabled Persons Youth Council of New Brunswick Officials of the Office of the Auditor General appeared on October 26, 2004, with respect to the Report of the Auditor General of New Brunswick Volume 1, 2004 “New Brunswick Salmon Aquaculture”. On December 14, 2004, the Committee met in a joint session with the Standing Committee on Crown Corporations to receive and review the Report of the Auditor General of New Brunswick Volume 2, 2004. The June 29 Journal of Assembly 237

Auditor General briefed Members on the nature of the work undertaken during the year and on the contents and findings of the Report. Your Committee wishes to thank the many government officials who appeared during the public sessions and wishes to acknowledge their cooperation in providing follow-up information. And your Committee begs leave to make a further report. (Sgd.:) Frank Branch, MLA. Chairman.

Hon. Mr. Green, the Government House Leader, announced that following third and second reading of Bills, it was the intention of government that the House resolve itself into a Committee of the Whole to take into further consideration Bill 70.

The following Bills were read a third time: Bill 48, Support Enforcement Act. Bill 55, Public Trustee Act. Bill 59, An Act to Amend the Aquaculture Act. Ordered that the said Bills do pass.

The Order being read for second reading of Bill 76, An Act to Amend the Marriage Act, a debate arose thereon. And the debate being ended and the question being put that Bill 76 be now read a second time, it was resolved in the affirmative. Accordingly, Bill 76, An Act to Amend the Marriage 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 79, Tuition Break for Students in New Brunswick 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, Tuition Break for Students in New Brunswick Act, was read a second time and ordered referred to the Committee of the Whole House. 238 53-54 Elizabeth II, 2004-2005 June 29

The Order being read for second reading of Bill 80, An Act Respecting Fair Residential Property Tax Assessment, 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 Respecting Fair Residential Property Tax Assessment, was read a second time and ordered referred to the Committee of the Whole House.

At 12.30 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. 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 10 o’clock a.m., on Thursday, June 30, 2005.

The Order being read for second reading of Bill 81, An Act Respecting Fair Residential Property Tax Assessment, 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 Respecting Fair Residential Property Tax Assessment, was read a second time and ordered referred to the Committee of the Whole House.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. And after some time, Mr. C. LeBlanc took the chair. At 4 o’clock p.m., the Chairman declared a recess and left the chair. 4.14 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 directed him to report progress on the following Bill: June 29 Journal of Assembly 239

Bill 70, An Act To Comply with the Request of The City of Saint John on Taxation of the LNG Terminal. 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. 240 53-54 Elizabeth II, 2004-2005 June 30

Thursday, June 30, 2005. 10 o’clock a.m. Prayers. Mr. Ouellette gave Notice of Motion 118 that on Thursday, July 7, 2005, 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, including e-mails, faxes, letters, memoranda, documents and briefing notes relating to: 1) the fees charged by the Royal District Planning Commission between June 1, 2003, and June 1, 2005, and from where the authority came to charge said fees; 2) details related to the recording of these fees, including the annual report; 3) the collection of any inappropriate fees and if inappropriate monies will be reimbursed; 4) the list of official invitees to the RDPC Annual Meetings in 2003, 2004, and 2005; 5) the process used for variance applications and appeals and if it has been consistently applied; 6) all minutes of RDPC meetings from June 1, 2003 to June 1, 2005, and RDPC Annual Meetings from 2003 to 2005; and 7) transcripts of RDPC Annual Meetings between 2003 and 2005.

It was agreed by unanimous consent to dispense with the two hours reserved for Private Member’s Motions, to vary the hours of sitting, to recess at 12.30 and to resume sitting at 1.30 o’clock p.m.

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, December 6, 2005, 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 June 30 Journal of Assembly 241

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.

Hon. Mr. Green, the Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of the Whole to take into consideration Bills 74, 50, 70 and 72.

The House resolved itself into a Committee of the Whole with Mr. Holder in the chair. At 11.45 o’clock p.m., the Chairman declared a recess and left the chair. 11.47 o’clock p.m. The Committee resumed with Mr. Holder in the chair. And after some time, the Chairman declared it to be 12.30 and left the chair to resume at 1.30 o’clock p.m. 1.30 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 directed him to report the following Bills as agreed to: Bill 50, An Act to Amend the Police Act. Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal. Bill 74, An Act to Amend the Medical Services Payment Act. That the Committee had directed him to report the following Bill as amended: Bill 72, Electoral Boundaries and Representation 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. 242 53-54 Elizabeth II, 2004-2005 June 30

It was agreed by unanimous consent that Bills 50, 70, 72 and 74 be read a third time forthwith.

The following Bill was read a third time and passed: Bill 50, An Act to Amend the Police Act.

And the Order being read for third reading of Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal, and a recorded vote having been requested on the motion for third reading, 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. 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 - 24 Mr. McGinley Ms. Weir Mr. Arseneault Mr. Jamieson Mr. Albert Mr. Foran Mr. MacIntyre Mr. Ouellette Mr. A. Leblanc Mr. Allaby Ms. Robichaud Mr. Paulin Mr. S. Graham Mr. Lamrock Mr. Doucet Mr. Haché Mr. Burke Mr. R. Boudreau Mr. Armstrong Mr. Murphy Mr. Brewer Mr. Landry Mr. Kenny Mr. V. Boudreau Accordingly, Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal, was read a third time and passed.

The following Bills were read a third time: Bill 72, Electoral Boundaries and Representation Act. Bill 74, An Act to Amend the Medical Services Payment Act. Ordered that the said Bills do pass. June 30 Journal of Assembly 243

At 3.55 o’clock p.m., Mr. Speaker declared a recess and left the chair. 4.23 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 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 35, Capital Appropriations Act 2005-2006. Bill 39, An Act to Amend the Emergency 911 Act. Bill 40, An Act to Amend the Victims Services Act. Bill 43, An Act to Repeal the Marine Insurance Act. Bill 48, Support Enforcement Act. Bill 50, An Act to Amend the Police Act. Bill 51, Registered Professional Planners Act. Bill 52, An Act to Amend An Act Respecting Podiatry. Bill 55, Public Trustee Act. Bill 56, Special Appropriation Act 2005. Bill 57, An Act to Amend the New Brunswick Income Tax Act. Bill 59, An Act to Amend the Aquaculture Act. Bill 60, An Act to Amend the Assessment and Planning Appeal Board Act. Bill 63, An Act to Amend the Liquor Control Act. Bill 70, An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal. Bill 72, Electoral Boundaries and Representation Act. Bill 73, An Act to Amend the Crown Lands and Forests Act. Bill 74, An Act to Amend the Medical Services Payment Act. Bill 78, Supplementary Appropriations Act 2004-2005 (2). 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. 244 53-54 Elizabeth II, 2004-2005 June 30

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 the speech you were 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 2005-2006. (Bill 77) 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 was pleased to deliver the following message: Congratulations. I think it was a very long and sometimes painful session, as I am well informed, but that is the price we pay for democracy. As we know, tomorrow is going to be Canada’s birthday. I think this is one of the greatest democracies in the world, and even if we have very strong arguments, I think it is very important to consider that we live in one of the best countries in the world. So, I would like to wish you a wonderful holiday, and, as you know, tomorrow is the birthday of our country, which is one of the most extraordinary democracies in the world, and I think this is worth celebrating. Thank you for the work you have done. It is really appreciated, and I think the people of our province are extremely appreciative of your work. Thank you very much. Have a great vacation.

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

And then, 4.35 o’clock p.m., the House adjourned. December 6 Journal of Assembly 245

Tuesday, December 6, 2005. 11 o’clock a.m. Prayers. Pursuant to the provisions of the Elections Act, Mr. Speaker laid upon the table of the House the return of votes polled in the electoral district of Saint John Harbour in the by-election held November 14, 2005.

On motion of Hon. Mr. Lord, seconded by Hon. Mr. Green, RESOLVED, that the return be entered in the Journals of the House. And it is as follows: RETURN OF THE BY-ELECTION FOR A MEMBER OF THE LEGISLATIVE ASSEMBLY HELD ON THE 14th DAY OF NOVEMBER 2005 SAINT JOHN HARBOUR # 34 Michelle Hooton PC 1,136 Dr. Ed Doherty L 2,367 Dan Robichaud NDP 734 Glen A. Jardine IND 47 Paddy Addison Returning Officer

Hon. Ms. Blaney paid tribute to the memory of the fourteen young women who lost their lives December 6, 1989, at École polytechnique in Montreal. Ms. Robichaud joined with the Minister in this regard.

Edward Joseph Doherty, member-elect for the electoral district of Saint John Harbour, having previously taken the oath and signed the Roll, was introduced by Mr. S. Graham and took his seat in the House.

It was agreed that the proceedings of the Standing Committee on Estimates held in the Legislative Assembly Chamber on June 14, 15, 16, 17 and 20, 2005, to consider the estimates referred by resolution of the House adopted June 10, 2005, be included in the Journal of Debates (Hansard) for the Second Session of the Fifty-fifth Legislature of the Province of New Brunswick. 246 53-54 Elizabeth II, 2004-2005 December 6

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: I want to thank everybody for the work that you did. I know that it has been a tough period, and I know that it is not easy to govern. You are people who are performing at the top level, because, as you know, there is no crash course for doing what you do. Of course, some of you have a great deal of experience. Some have less experience, such as our new member who just came in. However, I know that you are doing a fantastic job, and you are role models. You are people who do an amazing job. I think this is very important. As you know, more and more people tend to doubt their leaders. Sometimes, people lose faith and develop a kind of cynicism that is extremely detrimental to the duties you carry out. As you know, this afternoon, we are going to open a new session, a new period. People are looking at you, too, as role models. I know that sometimes a discussion can get tense or sometimes get a bit disgraceful, so I would urge and plead to you to act as leaders, as the role models that you are. I think this is something very important in terms of what we were talking about earlier, this kind of cynicism. It is necessary to play a role and demonstrate a certain way of governing that will inspire people. I think you are leaders and models. The role of models and leaders is to inspire people. As leaders, you are a great inspiration to the people of this province. Again, I want to thank you. I want to congratulate you on the work that you did. I am very proud of the job you have done. I am sure that New Brunswickers are also grateful to you. We will meet again this afternoon. Thank you very much. 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 11.28 o’clock a.m. INDEX