JOURNALS - New Brunswick Library Materials, ANSI Z39.48-1984. MEMBERS OF THE LEGISLATIVE ASSEMBLY First Session of the Fifty-Fifth Legislative Assembly Speaker: the Honourable Bev

1

JOURNALS

OF THE

LEGISLATIVE ASSEMBLY

OF THE

PROVINCE

OF

NEW BRUNSWICK

From the 29th day of July to the 8th day of August, 2003

From the 9th day of December to the 19th day of December, 2003

From the 30th day of March to the 30th day of June, 2004

December 2nd, 2004

First Session of the Fifty-Fifth Legislative Assembly

Fredericton, N.B.

2003-2004

The paper used in this publication meets the minimum requirements ofAmerican National Standard for Information Sciences — Permanence of Paper forPrinted Library Materials, ANSI Z39.48-1984.

MEMBERS OF THE LEGISLATIVE ASSEMBLYFirst Session of the Fifty-Fifth Legislative Assembly

Speaker: the Honourable Bev Harrison Constituency Member ResidenceAlbert Hon. Wayne Steeves Lower CoverdaleBathurst Brian Kenny BathurstCampbellton Roy Boudreau CampbelltonCaraquet Hédard Albert CaraquetCarleton Hon. Dale Graham CentrevilleCentre-Péninsule Denis Landry TrudelCharlotte Rick Doucet St. GeorgeDalhousie-Restigouche East Donald Arseneault Nash CreekDieppe-Memramcook Cy (Richard) Leblanc DieppeEdmundston Hon. Madeleine Dubé EdmundstonFredericton-Fort Nashwaak Kelly Lamrock FrederictonFredericton North Thomas J. Burke FrederictonFredericton South Hon. Brad Green, Q.C. FrederictonFundy Isles Eric Allaby Grand MananGrand Bay-Westfield Milton A. Sherwood WestfieldGrand Falls Region Ronald Ouellette Grand FallsGrand Lake Eugene McGinley, Q.C. ChipmanHampton-Belleisle Hon. Bev Harrison HamptonKennebecasis Hon. Brenda Fowlie QuispamsisKent Shawn Graham MundlevilleKent South Claude Williams Saint-AntoineKings East LeRoy Armstrong ApohaquiLamèque-Shippagan-Miscou Hon. Paul Robichaud Pointe BruléeMactaquac Kirk MacDonald StanleyMadawaska-les-Lacs Hon. Jeannot Volpé Saint-JacquesMadawaska-la-Vallée Hon. Percy Mockler St. LeonardMiramichi Bay Carmel Robichaud NéguacMiramichi-Bay du Vin Michael Malley MiramichiMiramichi Centre John Winston Foran MiramichiMoncton Crescent John Betts MonctonMoncton East Hon. Bernard Lord FrederictonMoncton North Michael Murphy MonctonMoncton South Hon. Joan MacAlpine MonctonNepisiguit Frank Branch Big RiverNew Maryland Hon. Keith Ashfield LincolnNigadoo-Chaleur Roland Haché Petit RocherOromocto-Gagetown Jody Carr BurtonPetitcodiac Wally Stiles PetitcodiacRestigouche West Burt Paulin Saint-Jean-BaptisteRiverview Hon. Bruce Fitch RiverviewRogersville-Kouchibouguac Hon. Rose-May Poirier St-Louis de KentSaint John Champlain Roly MacIntyre Saint JohnSaint John-Fundy Stuart Jamieson Gardner CreekSaint John Harbour Elizabeth Weir Saint JohnSaint John-Kings Hon. Margaret-Ann Blaney RothesaySaint John Lancaster Abel LeBlanc Saint JohnSaint John Portland Trevor Holder Saint JohnShediac–Cap-Pelé Victor Boudreau * ShediacSouthwest Miramichi Rick Brewer BoiestownTantramar Hon. Peter Mesheau SackvilleTracadie-Sheila Hon. Elvy Robichaud Rivière-à-la-truiteVictoria-Tobique Dr. Larry Kennedy Perth-AndoverWestern Charlotte Hon. Tony Huntjens St. StephenWoodstock Hon. David Alward RicevilleYork Scott Targett Yoho

OFFICERS OF THE ASSEMBLYLoredana Catalli Sonier, Clerk Donald Forestell, Clerk AssistantDaniel Bussières, Sergeant-at-Arms Shayne Davies, Clerk Assistant

*Elected October 4, 2004 vice Bernard Richard resigned November 25, 2003

JOURNALSof the

LEGISLATIVE ASSEMBLY

of the

PROVINCE OF NEW BRUNSWICK

FIRST SESSION OF THE FIFTY-FIFTH

LEGISLATIVE ASSEMBLY, 2003 - 2004

THE HONOURABLE MARILYN TRENHOLME COUNSELL

LIEUTENANT-GOVERNOR

PROCLAMATION

WHEREAS the fifth Session of the fifty-fourth LegislativeAssembly of this Province was dissolved on the tenth day of May2003;

AND WHEREAS I have thought fit to call the first session ofthe fifty-fifth Legislative Assembly of this Province into session, Ihereby issue a Proclamation that the same be called to meet on thetwenty-ninth day of July, 2003, at 3:00 o’clock in the afternoon.

Given under my hand and the Great Sealof the Province at Fredericton on this9th day of July, in the year of our LordTwo Thousand and Three and in the fifty-second year of Her Majesty’s Reign.

BY COMMAND OF THELIEUTENANT-GOVERNOR

Bradley Green, Q.C. Marilyn Trenholme Counsell.Attorney General Lieutenant-Governor.

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

2 July 2952 - 53 Elizabeth II, 2003 - 2004

This being the day appointed for the opening of the First Session ofthe Fifty-fifth Legislative Assembly of the Province of New Brunswickfor the dispatch of business pursuant to the proclamationhereinbefore annexed, and the oath having been alreadyadministered to the Members of the Legislative Assembly as named inthe roll, delivered to the Clerk of the House by the Chief ElectoralOfficer, the said Members took their seats in the House.

The Clerk of the Legislative Assembly then addressed herself to theHouse as follows:

Members of the Legislative Assembly:

I am commanded by Her Honour the Lieutenant-Governor toinform you that she doth not think fit to declare the causes forwhich she has summoned this Legislative Assembly until a Speakerthereof shall have been chosen.

It is therefore Her Honour’s will that you, the Members of theLegislative Assembly do proceed forthwith to choose a fit andproper person to be your Speaker, and that you present the personso chosen to Her Honour in this Assembly Chamber this afternoonfor Her Honour’s approbation.

The House then proceeded to the election of a Speaker pursuant tothe provisions of Standing Rule 11.

The Clerk then announced:

Members of the Legislative Assembly, it is my duty to inform youthat only one candidate stands for election to the office, pursuant toStanding Rule 11(8)(m). Therefore, it is my duty to announce thatBev Harrison, the honourable member for the electoral district ofHampton-Belleisle, is declared elected as Speaker.

The Premier, the Hon. Bernard. Lord, and the Leader of theOpposition, Mr. Shawn Graham, escorted Mr. Harrison to the daiswhere, standing on the upper step, he addressed the House asfollows:

Members of the Legislative Assembly, I will begin my remarks byrepeating the traditional words spoken by a Speaker followingelection to the office.

It is my pleasure today to express my grateful and humbleacknowledgment to the House for the great honour you have beenpleased to confer on me by choosing me as your Speaker.

July 29 3Journal of Assembly

Conscious as I am of my comparative inexperience in parliamentaryprocedure, I should have hesitated before accepting a positioninvolving so much responsibility, were it not for the fact that I shallbe able at all times to rely with confidence upon the courtesy,forbearance, and kindness of every Member of the Assembly.

Again, thanking you, I now submit myself to the House.

I will take some liberty with my acceptance speech, since it will beone of the few occasions upon which the Speaker actually gets tospeak. A little of my background as a history teacher will show asyou get your first lesson of the day, especially where there are somany new members.

The history of the Speakership goes back many centuries to 1376. Atone point, the Speaker was chosen by the King to report theproceedings of the House, which made the Speaker unpopular withthe House. Later, the Speaker was chosen by the Commons to takemessages or to speak to the King—thus the title “Speaker”. This putthe Speaker in a precarious or dangerous position. Sometimes thosemessages were not well received. Undoubtedly, the expression“Don’t shoot the messenger” stems from those days, for sometimes,the Speaker did not return.

Today the great test is not when the Speaker goes to see the King,but when the Speaker comes to see you. Thus, there is the draggingof the reluctant Speaker to the chair to accept his role, or maybe hisfate. I think dragging the Speaker to his chair could be moreappropriate today than at the beginning of any other Legislature inthe past, considering the unique position in which I find myself.

We have developed an adversarial form of government based onconcepts of parliamentary democracy. In the Chamber, theprecedents and practices of the past will often appear as we debatethe issues and make the decisions that will affect the province. TheHouse is a place where history is formulated every day.

The late Tommy Douglas once said that politics is the noblest ofprofessions but the vilest of trades. People fight hard to earn a seatin this Chamber, yet they arrive with definite opinions and deepconvictions regarding the issues facing our province.

As the Speaker, it is my goal to work with all members to ensure thedignity and traditions of this institution that we all respect. It mustbe able to function, no matter how sincere differences may be andno matter how passionately views are expressed. We need to


cooperate and, yes, even compromise if we are to effectively fulfillthe expectations of the people of New Brunswick. The fact is, weneed to work together in a way that Parliament was originallyintended to work. Overt partisanship needs to be softened.

Although the Speaker is above all the servant of the House, theSpeaker is invested by all of you here today with considerableauthority. At times, I may even have to use it. The Speakershipthroughout the Commonwealth is molded in the Westminstertraditions. The Speaker’s responsibilities are to the House and to itsmembers. In addition, there are constituency and publicresponsibilities. The Speaker needs to have the ability to changehats, so to speak—neither pun intended—with dignity andcommon sense.

Do not scoff at tradition. It was the poet and dramatist T.S. Eliotwho argued very strongly: It is our present view of reality thatconstantly reforms and reorganizes our thinking about the past,and every forward step allows us a wider perspective andappreciation of our past tradition. In fact, it is the present thatshapes and determines our tradition.

One bit of history has set up the tradition of the modern Speaker. Itis appropriate that we be reminded of the words of SpeakerLenthall when, in 1642, King Charles I entered the House ofCommons of Westminster with an armed force and demanded thatthe Speaker reveal the whereabouts of some members. The Speakersaid, “May it please Your Majesty, I have neither eyes to see, nortongue to speak in this place, but as the House is pleased to directme, whose servant I am here.”

I will quote the words of Edward Blake, who said in 1873, “Theprivileges of Parliament”, i.e. the Legislature, “are the privileges ofthe people. The rights of Parliament are the rights of the people.”Those words are still true. We should always remember them.

Thereupon Mr. Harrison took the chair, and the mace was placedupon the Clerk’s Table.

Her Honour the Lieutenant-Governor then entered the House andtook her seat in the chair upon the Throne.The Speaker then addressed Her Honour to the following effect:

May it Please Your Honour:Your Honour having communicated your pleasure to the House,they proceeded to choose a Speaker. They have elected me to that


important and honourable position, and I am now presented forYour Honour’s approval.

The Clerk of the House then said:

Mr. Harrison, I am commanded by Her Honour the Lieutenant-Governor to declare to you that she is fully sensible of your zeal forthe public service and of your sufficiency to execute the duties ofthe office to which you have been elected by the LegislativeAssembly, and she doth readily approve of their choice, and allowand confirm you to be their Speaker.

Mr. Speaker then addressed Her Honour in the following words:

May It Please Your Honour:

Your Honour having been pleased to approve the choice of theAssembly in electing me to be their Speaker, it now becomes myduty in the name and on behalf of the Assembly, to claim anddemand that they have all their ancient and accustomed rights andprivileges, especially freedom from arrest, freedom of speech indebate, access to Your Honour when they think the public servicerequires it, and that the most favourable construction be put on alltheir proceedings and on my own behalf I have to request that anyerror of mine may not be imputed to the Assembly.

To which the Clerk of the House replied:

Mr. Speaker, Her Honour hath the utmost confidence in the loyaltyand attachment of this Assembly of Her Majesty’s person andgovernment and in the wisdom, temper and prudence which willaccompany all their proceedings, and she doth most readily andwillingly grant and allow them all their privileges in as full andample a manner as they have at any time heretofore been grantedand allowed.

With respect to yourself, Mr. Speaker, though Her Honour issensible that you do not stand in need of such assurance, HerHonour will ever put the most favourable construction on yourwords and actions.

Her Honour the Lieutenant-Governor then delivered the followingspeech:

Mr. Speaker, and Honourable Members of the Legislative Assembly:


It is my honour and privilege to welcome you to the First Session ofthe 55th Legislative Assembly of the Province of New Brunswick.

On behalf of this Assembly, I welcome the Honourable BernardLord as Premier of New Brunswick. I also welcome the Leader ofthe Official Opposition, the leader of the New Democratic Party, ournew Speaker, and recently elected Members of the LegislativeAssembly.

On June 9, the people of New Brunswick chose which party theywanted to form their government. Your government accepts themandate they have been given and the responsibility with whichthey have been entrusted.

At the same time, your government recognizes and respects thedecision of the people of New Brunswick in this regard to elect amore balanced legislature, and seeks the collaboration of allMembers of this Legislative Assembly in the conduct of the people’sbusiness. Your government pledges to work in a spirit ofcooperation to make the Legislature work for New Brunswickersand asks all members of this House to do the same.

In the election, your government sought and received a secondmandate for its policies and platform entitled New Brunswick:Reaching Higher. Going Further. This platform focuses on prosperity:Building Prosperity, Sharing Prosperity and Supporting Prosperity.

This session marks the beginning of implementation of yourgovernment’s platform aimed at bringing greater prosperity to NewBrunswickers through a range of legislative, policy and financialinitiatives and actions.

Accordingly, this First Session of the 55th Legislative Assembly hasbeen called at this time for two immediate purposes: to considerlegislation that would lower automobile insurance rates for NewBrunswick drivers retroactive to July 1st and to establish variouslegislative committees.

Building on initiatives already undertaken and in place to ensuremore affordable, fair, and accessible automobile insurance for NewBrunswickers, a new Bill to amend the Insurance Act will beintroduced.

The proposed Bill will require all insurance companies doingbusiness in New Brunswick to file new automobile insurance ratesby August 15, 2003 and to justify these rates before the PublicUtilities Board. Those companies which do not file new rates bythis date will be deemed to have filed rates that are 20 per cent lessthan the rates they charged prior to July 1, 2003.


The proposed Bill will also require all insurance companies torefund excess premiums paid to eligible consumers, based on thenew lower rates, within 45 days of their new rate being approvedby the Public Utilities Board.

To ensure that consumers benefit quickly from these rate changes,companies will be entitled to charge the new proposed lower ratespending the hearing of their application by the Public UtilitiesBoard. Provisions will also be included to reinforce the need fortimely decision-making by the Public Utilities Board to approvenew lower rates for consumers.

The Bill will freeze these new lower rates for a period of one yearfrom July 1, 2003 to ensure consumers benefit from greater ratestability.

The Bill will set additional rules requiring insurance companies tolive up to their obligations to consumers with appropriate penaltiesand fines should they fail to do so.

Given the importance of this legislation to New Brunswickers, thisHouse will be asked to facilitate a speedy consideration of thismatter in order to ensure New Brunswickers can receive thebenefits of lower automobile insurance rates quickly and efficientlyas set out in the Bill. Your government has already offered to workcooperatively with the Opposition members of the Legislature toensure this may be accomplished on behalf of New Brunswickers.

Strengthening the role of Legislative Committees is a keycommitment of the government’s platform.

A Special Committee of the Legislative Assembly on Wood Supplywill be struck to examine opportunities and strategies arising fromthe Jaakko Pöyry Report to increase the available wood supply inNew Brunswick, as well as to address other related issues facing theforestry industry.

This committee will seek out opinions and knowledge concerningthe forestry industry and will advise the Minister of NaturalResources and this Assembly as to the options for the maintenance,sustainability and development of this most important industry forthe people of New Brunswick.

To reflect the importance your government attaches to providingquality health care and quality education to New Brunswickers,approval will be sought from the Legislative Assembly to designatethe current Select Committees on Health Care and Education fullstanding committees with comprehensive mandates.


Your government will also provide details on additional policy andprogram matters of importance to the people of New Brunswick.

May divine providence guide you in your deliberations. Thank you.

Her Honour the Lieutenant-Governor then retired.

Mr. Speaker resumed the Chair.

The Speaker, pursuant to the provisions of the Elections Act, laid uponthe table of the House the returns of votes polled in the severalelectoral districts of the province in the general election held June 9,2003.

On motion of Hon. Mr. Lord, seconded by Hon. Mr. Green:

RESOLVED, that the returns be entered in the Journals of the House.

And they are as followRETURNS OF THE GENERAL ELECTION

FOR MEMBERS OF THE LEGISLATIVE ASSEMBLYHELD ON THE 9th DAY OF JUNE 2003

RESTIGOUCHE WEST # 1Benoît (Ben) Cyr PC 2523Burt Walter Paulin L 4008Antoine Duguay NDP / NPD 257

Judith FortinReturning Officer

CAMPBELLTON # 2Jean Dubé PC 2771Roy Boudreau L 3979Murray Mason NDP / NPD 293

Gladys SwanReturning Officer

DALHOUSIE-RESTIGOUCHE EAST # 3Paul Emile McIntyre PC 3088Donald Arseneault L 3445Joel W Hickey NDP / NPD 645

Linda FlynnReturning Officer

NIGADOO-CHALEUR # 4Hermel Vienneau PC 3529Roland Haché L 3887Kate Hayward NDP / NPD 380

Solange Basque-RhéaumeReturning Officer


BATHURST # 5Nancy McKay PC 3252Brian A. Kenny L 3348Mark Robar NDP / NPD 304

Gilles PrattReturning Officer

NEPISIGUIT # 6Joel E Bernard PC 2200Frank Branch L 3498Normand Savoie NDP / NPD 894

Roger GionetReturning Officer

CARAQUET # 7Gaston Moore PC 3550Hédard Albert L 3649Gérard Béland NDP / NPD 457

Aurélien A. LanteigneReturning Officer

LAMÈQUE-SHIPPAGAN-MISCOU # 8Paul Robichaud PC 4788Denis Roussel L 2846Jean-Baptiste Bezeau NDP / NPD 335

Isaïe A. PlantinReturning Officer

CENTRE-PÉNINSULE # 9Louis-Philippe McGraw PC 3045Denis Landry L 3097Rose Duguay NDP / NPD 396

Sylvie RobichaudReturning Officer

TRACADIE-SHEILA # 10Elvy Robichaud PC 4583Weldon McLaughlin L 2894Stéphane Richardson NDP / NPD 661

Yves RenauldReturning Officer

MIRAMICHI BAY # 11Réjean Savoie PC 3050Carmel Robichaud L 3267Hilaire Rousselle NDP / NPD 729

Nancy MénardReturning Officer


MIRAMICHI-BAY DU VIN # 12Michael J. (Tanker) Malley PC 3917Frank B. Trevors L 3464Dwayne Hancock NDP / NPD 490

Thomas G. WillistonReturning Officer

MIRAMICHI CENTRE # 13Kim Jardine PC 3149John Winston Foran L 3736Lance Lyons NDP / NPD 663

Sylvia L. SmithReturning Officer

SOUTHWEST MIRAMICHI # 14Norman Betts PC 2823Rick Brewer L 3395Chris Ashford NDP / NPD 332

Leslie GreeneReturning Officer

ROGERSVILLE-KOUCHIBOUGUAC # 15Rose-May Poirier PC 3289Maurice Richard L 2968Oscar Doucet NDP / NPD 407

Jean-Louis GigouReturning Officer

KENT # 16Valmond Joseph Daigle PC 1905Shawn Michael Graham L 3615Jerry Cook NDP / NPD 958

Giselle SavoieReturning Officer

KENT SOUTH # 17Claude Williams PC 4933Stephen Doucet L 4065Neil Gardner NDP / NPD 671

Paul BourgeoisReturning Officer

SHEDIAC-CAP-PELÉ # 18Odette Babineau PC 3055Bernard Richard L 6391Claudette Beland NDP / NPD 309

Carole DoironReturning Officer


TANTRAMAR # 19Peter Mesheau PC 2922Susan Purdy L 1569Geoff Martin NDP / NPD 522

Denise MartinReturning Officer

DIEPPE-MEMRAMCOOK # 20Cy (Richard) LeBlanc PC 5541Elie J. Richard L 5451Hélène Lapointe NDP / NPD 786

Roméo J. LeBlancReturning Officer

MONCTON EAST # 21Bernard Lord PC 4177Chris Collins L 3113Jean-Marie Nadeau NDP / NPD 724

Paul E. LegerReturning Officer

MONCTON SOUTH # 22Joan MacAlpine PC 3143Norman R Branch L 2710Stéphane Drysdale NDP / NPD 437John Gallant TGP 72Jean-Marc (Diggit) Dugas IND 226

Harris C. TaitReturning Officer

MONCTON NORTH # 23René (Pepsi) Landry PC 3054Mike Murphy L 3555Nancy MacBain NDP / NPD 543

Bernard RichardReturning Officer

MONCTON CRESCENT # 24John Betts PC 4230Ray Goudreau L 3376Richard Golding NDP / NPD 628

Kelly PowerReturning Officer

PETITCODIAC # 25Wally Stiles PC 3481Bethany Dykstra L 1849Tracy Trott NDP / NPD 298Dan Leaman TGP 120

Rose E. HorsmanReturning Officer


RIVERVIEW # 26R. Bruce Fitch PC 3794Ward White L 3287John Robert Falconer NDP / NPD 391

Harry LordReturning Officer

ALBERT # 27Wayne Steeves PC 3198Clark Butland L 2311Pat Pearson NDP / NPD 457

Lois C. ButlandReturning Officer

KINGS EAST # 28Doug Cosman PC 2713LeRoy Armstrong L 3169George G. Horton NDP / NPD 996

Robert BlizzardReturning Officer / Directeur du scrutin

HAMPTON-BELLEISLE # 29Bev Harrison PC 3392Robert (Bob) Bates L 2736Pat Hanratty NDP / NPD 1336John Hughes TGP 208

Richard G. ThorneReturning Officer / Directeur du scrutin

KENNEBECASIS # 30Brenda Fowlie PC 3265Murray Driscoll L 3247Kenneth W. Wilcox NDP / NPD 970

Joanne Marie NiceReturning Officer

SAINT JOHN-FUNDY # 31Rodney Weston PC 2271Stuart Jamieson L 2698Liam Freill NDP / NPD 517Marjorie MacMurray TGP 172

Susan EwingReturning Officer

SAINT JOHN-KINGS # 32Margaret-Ann Blaney PC 3135Tom Young L 2456Jeff Joseph Thibodeau NDP / NPD 791Mark LeBlanc TGP 145

Lorne McGuiganReturning Officer


SAINT JOHN CHAMPLAIN # 33Mel Vincent Jr. PC 1501Roly MacIntyre L 2160Ralph Thomas NDP / NPD 1507Bill Richard Reid TGP 223

Dan DoucetteReturning Officer

SAINT JOHN HARBOUR # 34Dennis Boyle PC 1291Anne-Marie Mullin L 1236Elizabeth Jane Weir NDP / NPD 1930

Harold FanjoyReturning Officer

SAINT JOHN PORTLAND # 35Trevor Arthur Holder PC 2476Colleen Knudson L 2307Mary Arseneau NDP / NPD 1191

Jane BeyeaReturning Officer

SAINT JOHN LANCASTER # 36Norm MacFarlane PC 2633Abel LeBlanc L 2942Walter Lee NDP / NPD 1365Jim Webb TGP 170

David LakeReturning Officer

GRAND BAY-WESTFIELD # 37Milt Sherwood PC 2209Kevin Quinn L 1991Percy Ward NDP / NPD 556Ben Perry TGP 191Colby Fraser IND 191

Margaret LawsonReturning Officer

CHARLOTTE # 38Sharon E. Tucker PC 1573Rick Doucet L 2777Patty Hooper NDP / NPD 1149Harold T. (Smitty) Smith TGP 118

Jeanette MitchellReturning Officer


FUNDY ISLES # 39Burton (Sonny) Flynn PC 1104Eric Allaby L 1379Dick Grant NDP / NPD 94

Shirley CookReturning Officer

WESTERN CHARLOTTE # 40Tony Huntjens PC 2854Madeleine Drummie L 2662Andrew Graham NDP / NPD 554

James McKimReturning Officer

OROMOCTO-GAGETOWN # 41Jody Carr PC 4314Maurice Harquail L 2140Terry Hovey NDP / NPD 392James A. Lee TGP 129

Marie J. SmithReturning Officer

GRAND LAKE # 42David Jordan PC 2058Eugene McGinley L 4376David Babineau NDP / NPD 614

Cheryl EgertonReturning Officer

FREDERICTON NORTH # 43Peter Forbes PC 3211Thomas J. Burke L 4163Dennis Atchison NDP / NPD 1418

Fred TritesReturning Officer

FREDERICTON-FORT NASHWAAK # 44Eric D. MacKenzie PC 2364Kelly Lamrock L 2925Penny Ericson NDP / NPD 1530

Susan LeitchReturning Officer

FREDERICTON SOUTH # 45Brad Green PC 3309Misty Dawn McLaughlin L 2797Nan Luke NDP / NPD 1832

William AyerReturning Officer


NEW MARYLAND # 46Keith Ashfield PC 3719Joan Kingston L 3502Kay Nandlall NDP / NPD 913

Connie LaddsReturning Officer

YORK # 47R. Donald (Don) Kinney PC 3278Scott Targett L 3783Gary Hughes NDP / NPD 618

John A. DeweyertReturning Officer

MACTAQUAC # 48Kirk MacDonald PC 3337Ray Dillon L 3236Phillip Morgan NDP / NPD 817

Robert JacksonReturning Officer

WOODSTOCK # 49David Alward PC 4605Lorne Drake L 2400Nancy Reid NDP / NPD 286

Heather A. CraigReturning Officer

CARLETON # 50Dale Graham PC 4190Grant Robinson L 2287Betty Brown NDP / NPD 442

Lori Ann TweedieReturning Officer

VICTORIA-TOBIQUE # 51Dennis Campbell PC 2001Dr. Larry Kennedy L 3386Dr. Harvey Bass NDP / NPD 502

Marietta InmanReturning Officer

GRAND FALLS REGION # 52Jean-Guy Laforest PC 2536Ronald Ouellette L 4385Pierre Cyr NDP / NPD 192

Rachel ThériaultReturning Officer


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

Jean-Claude BoutotReturning Officer

EDMUNDSTON # 54Madeleine (Mado) Dubé PC 3917Margot Albert L 1841Blair McInnis NDP / NPD 110

Gérard Y. VerretReturning Officer

MADAWASKA-LES-LACS # 55Jeannot Volpé PC 3965Louis LaBrie L 2391Jason Carney NDP / NPD 187

Gérard DubéReturning Officer

The following Bill was introduced and read a first time:

By Hon. Mr. Green,Bill 1, An Act to Amend the Insurance Act.

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

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

On motion of Mr. Carr, seconded by Mr. Williams,

RESOLVED, that the speech of Her Honour the Lieutenant-Governorbe forthwith taken into consideration.

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


Fredericton, N.B.July 29, 2003.

To Her Honour,

The Honourable Marilyn Trenholme Counsell,

Lieutenant-Governor of the Province of New Brunswick.


We, Her Majesty’s most dutiful and loyal subjects of the LegislativeAssembly of the Province of New Brunswick, now in session, begleave to extend our humble thanks to Your Honour for the graciousspeech which Your Honour has addressed to us, and we assure YourHonour that all matters which may be submitted to us during thesession will receive our most careful attention and consideration.

And a debate arising, after some time, it was on motion ofMr. Shawn Graham, the Leader of the Opposition and the Memberfor the electoral district of Kent, adjourned over.

On motion of Hon. Mr. Lord, seconded by Hon. Mr. Green,

RESOLVED THAT Cy (Richard) LeBlanc, Member for the electoraldistrict of Dieppe-Memramcook and Trevor Holder, Member for theelectoral district of Saint John Portland, be appointed DeputySpeakers.

And then, 4.07 o’clock p.m., the House adjourned.


REPORTS/DOCUMENTSFILED IN CLERK’S OFFICE

Standing Rule 39 provides that any return, report or other paperrequired to be laid before the House in accordance with any Act or inpursuance of any resolution or Standing Rule may be deposited withthe Clerk of the House and shall be deemed for all purposes to havebeen presented to, or laid before the House. The following reportsfiled in the Clerk’s Office since the last sitting of the House on April11, 2003 are deemed to have been tabled:

Annual Report, Department of Justice (Credit Unions) 2001 May 9, 2003

Annual Report, Department of Justice(Co-operatives) 2001 May 9, 2003

Annual Report, Legal Aid New Brunswick 2001-2002 May 9, 2003Annual Report, Conflict of Interest

Commissioner 2002-2003 May 23, 2003Annual Report, Department of Justice

(Insurance) 2001-2002 May 30, 2003Annual Report, Human Rights Commission

2001-2002 June 26, 2003Annual Report, NB Power 2002-2003 July 22, 2003

OTHERSMaritime Provinces Higher Education Commission May 15, 2003

(Survey of 1999 Maritime University Graduates in 2001)Report to the Speaker of the Legislative Assembly of New Brunswick

of the Investigation by the Hon. Stuart G. Stratton, Q.C., Conflict ofInterest Commissioner, into allegations by Mr. Bernard Richard, theMLA for Shediac-Cap Pelé and then Leader of the OfficialOpposition, of a possible violation of the Members’ Conflict ofInterest Act by Mr. Michael (Tanker) Malley, the MLA for Miramichi-Bay du Vin June 12, 2003

Annual Report, Beauséjour RegionalHealth Authority 2002-2003 July 2, 2003

Annual Report, River Valley Health(Regional Health Authority 3) 2002-2003 July 22, 2003


Wednesday, July 30, 2003.

10 o’clock a.m.

Prayers.

Mr. Kenny, Member for Bathurst, welcomed to the HouseMrs. Marcelle Mersereau, Liberal Member for Bathurst (1991-2003);Minister of Municipalities, Culture and Housing (1991-1993); andMinister of the Environment, Deputy Premier, and MinisterResponsible for the Status of Women (1994-1995).

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

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

Mr. Allaby, the Member for Fundy Isles, laid upon the table of theHouse a petition on behalf of residents of Grand Manan urging theMinister of Tourism and Parks to remove the gate that blocks the roadin the Marsh Provincial Park on Grand Manan Island, and to workwith a committee of concerned residents to plan and carry outappropriate measures for the long term benefit of the Marsh, GrandManan people, and Grand Manan natural life. (Petition 2)

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

Mr. Murphy, the Member for Moncton North, laid upon the table ofthe House a petition on behalf of residents of New Brunswick urgingthe government to remove Waleed Arif from Centracare. (Petition 4)


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

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

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

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

Following Oral Questions, Mr. Speaker requested the co-operationfrom all Members to abide by the Standing Rules pertaining to thisitem of Routine Proceedings.


By Mr. S. Graham:Bill 2, Volunteer Protection Act.


Mr. S. Graham gave Notice of Motion 1 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMr. Richard:

WHEREAS the 2003-2004 provincial budget called for a small surplusof $7 million;

WHEREAS the provincial Minister of Finance has asked thatdepartments cut $49 million out of their budgets;

WHEREAS the provincial government has already depleted theFiscal Stabilization Fund;

AND WHEREAS the Premier made numerous significant financialcommitments in recent months;

BE IT THEREFORE RESOLVED that the Legislative Assembly urgethe Minister of Finance to bring forward a revised economic outlookfor New Brunswick and an updated budget forecast within twoweeks for the 2003-2004 fiscal year.


Mr. S. Graham gave Notice of Motion 2 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMr. Burke:

WHEREAS sky-rocketing insurance rates are a serious concern formany New Brunswickers;

WHEREAS achieving long-term rate relief may entail fundamentalchanges to the insurance system in New Brunswick;

WHEREAS concerns regarding insurance rates have now gonebeyond automobile insurance and into the areas of property andpublic liability insurance;

BE IT THEREFORE RESOLVED that this Legislature urge thegovernment to immediately establish a Commission on Insurance tostudy the automobile insurance system in New Brunswick, includingthe feasibility of a public insurance system that would report to theLegislative Assembly within 60 days;

BE IT FURTHER RESOLVED that this Commission on Insurance bemandated to review other options to improve the protection of NewBrunswick consumers in the area of vehicle, property and publicliability insurance.

Mr. S. Graham gave Notice of Motion 3 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMr. MacIntyre:

WHEREAS the annual budget of the Department of Healthcompromises the largest percentage of the New Brunswickprovincial budget;

WHEREAS the report of the Health Services Review Committeehighlighted the need for greater accountability in the health caresystem;

WHEREAS the report of the Premier’s Health Quality Councilreinforced the need for greater accountability in the health caresystem;

AND WHEREAS the final report of the Romanow Commission onthe Future of Health Care in Canada recommends the establishmentof accountability as the sixth principle of the Canadian Health Act;

BE IT THEREFORE RESOLVED that the Legislative Assemblyendorse the addition of “Accountability” as the sixth principle of theCanada Health Act;


AND BE IT FURTHER RESOLVED that the Legislative Assemblyurge the government to encourage other governments to support theaddition of this sixth principle.

Mr. S. Graham gave Notice of Motion 4 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMr. Murphy:

WHEREAS under the current system of assessment for nursing homecare all that the family has earned and saved over the years will beassessed and used to keep the resident in the nursing home;

WHEREAS the remaining spouse will be left with nothing but thefamily house and a bare, poverty level pension;

WHEREAS this is a serious worry for many New Brunswickers;

BE IT THEREFORE RESOLVED that this legislature urge thegovernment to change the policy from an asset-based test to anincome-based test when determining support for nursing home care.

BE IT FURTHER RESOLVED that this legislature urge thegovernment to review the exemptions allowable to the home-basedspouse so as not to force liquidation of assets.

Mr. S. Graham gave Notice of Motion 5 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMr. MacIntyre:

WHEREAS the ceiling levels for transfers for coverage of the cost ofprescription drugs from the provincial Prescription Drug Program forseniors to the Blue Cross plan for seniors were established in 1992 tobe $17 198 for a single senior and $26 955 for married seniors andhave remained at that level;

AND WHEREAS inflation over the years reduces the purchasingpower of seniors’ earnings;

AND WHEREAS the government has recognized this in its provincialincome tax legislation with a provision to prevent “bracket creep”;

BE IT THEREFORE RESOLVED that the Legislative Assembly ask thegovernment to examine the feasibility of making an adjustment tothis ceiling in the coming year to reflect the above index of inflationin the intervening years;


BE IT FURTHER RESOLVED that the Legislative Assembly ask thegovernment to consider adopting a policy that would automaticallyadjust the ceilings for the provincial Prescription Drug Programbased on an appropriate index of inflation to prevent bracket creepfrom imposing hardship on seniors.

Mr. S. Graham gave Notice of Motion 6 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMr. Branch:

WHEREAS northeastern New Brunswick has an economicdevelopment deficit compared to the rest of the province;

WHEREAS the unemployment rate, especially the seasonalunemployment rate, is very high in the northeastern part of theprovince;

WHEREAS the northeastern part of the province is experiencing anexodus of young people from the area, who leave to attenduniversity or to pursue better job opportunities;

WHEREAS the region is plagued by the imminent closing of theNoranda mine;

WHEREAS improved road infrastructure is vital to the economy ofnortheastern New Brunswick;

WHEREAS the enhancement of the capability of the Port ofBelledune in its role as the cornerstone of northeastern economicdevelopment is widely acknowledged;

BE IT THEREFORE RESOLVED that the Legislature urge thegovernment to pursue the establishment of a northeastern NewBrunswick economic development strategy, in cooperation with theGovernment of Canada to develop the region’s economy.

Mr. S. Graham gave Notice of Motion 7 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMrs. Robichaud:

WHEREAS the testing of New Brunswick students in both thefrancophone and anglophone systems over many years hasconsistently shown evidence that there is room for improvement;

WHEREAS research demonstrates that improved student-teacherratios in the early years have a beneficial effect on academicperformance;


BE IT RESOLVED that the Legislative Assembly urge the Minister ofEducation to improve ratios in kindergarten to grade three byreducing average class size by one student per year over four years;

BE IT FURTHER RESOLVED that the Legislature urge the Minister ofEducation to improve the student/teacher ratio of resource teachersto students in each school district.

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

Mr. S. Graham gave Notice of Motion 9 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMrs. Robichaud:WHEREAS women’s average hourly wage is 79 % of men’s in NewBrunswick;WHEREAS the Advisory Council on the Status of Women states thatapproximately half the wage gap is “caused by the age-old traditionof paying ‘women’s’ jobs less than jobs usually held by men”;WHEREAS the New Brunswick government must show leadershipin the area of pay equity;WHEREAS there are still parts of the public service which are notcovered by the Pay Equity Act and which include New Brunswickgovernment employees;


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

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

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

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

Mr. Carr gave Notice of Motion 13 that on Tuesday, August 5, 2003, hewould move the following resolution, seconded by Mr. Sherwood:WHEREAS in its election platform entitled “Reaching Higher, GoingFurther,” the government committed that New Brunswick will haveeven more funding directed to health and senior care; andWHEREAS in “Reaching Higher, Going Further,” the governmentcommitted that New Brunswick will have more doctors and nursesthan every before; and


WHEREAS in “Reaching Higher, Going Further,” the governmentcommitted that New Brunswick will have shorter wait times for keyservices;

BE IT THEREFORE RESOLVED THAT the Legislative Assemblyencourage the government of New Brunswick to continue to deliverbetter health care to the people of New Brunswick.

Mr. Allaby gave Notice of Motion 14 that on Tuesday, August 5, 2003,he would move the following resolution, seconded by Mr. Doucet:

That an address be presented to Her Honour the Lieutenant-Governor, praying that she cause to be laid upon the table of theHouse the county project allocations to each Transportation Districtfor the current fiscal year.

Mr. Williams gave Notice of Motion 15 that on Tuesday, August 5,2003, he would move the following resolution, seconded by Mr. Betts:

WHEREAS Canadian Premiers and Territorial Leaders haveunanimously reiterated their call for the federal government toincrease its efforts to become a more meaningful partner in therenewal of health care in Canada;

WHEREAS recent polls indicate that Canadians are concerned aboutcurrent levels of federal health care funding and the effect of itsinadequacy on services now and in the future;

WHEREAS the funding arrangements announced by the PrimeMinister on February 5 did not adequately address Canadians’ needfor a sustainable health care funding partnership, as called for by thefederal Commission on the Future of Health Care in Canada; and

WHEREAS the federal government remains in a strong fiscal positionand clearly has the capacity to honour its pledge to Canadians now;

BE IT THEREFORE RESOLVED THAT the Legislative Assemblyshow its support for better health care in New Brunswick by askingthe federal government to increase funding by $2 billion in 2003-04,$3 billion in 2004-05, and by 1% per year after that, until the federalshare reaches 25% of provincial/territorial health and socialexpenditures.

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


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

Mr. Paulin gave Notice of Motion 17 that on Tuesday, August 5, 2003,he would move the following resolution, seconded by Mr. Boudreau:

That an address be presented to Her Honour the Lieutenant-Governor, praying that she cause to be laid upon the table of theHouse the operating plans and operating budgets of the parksadministered by the Department of Tourism and Parks and theDepartment of Natural Resources since June 21, 1999.

Mr. Stiles gave Notice of Motion 18 that on Tuesday, August 5, 2003,he would move the following resolution, seconded byMr. MacDonald:

WHEREAS in its election platform entitled “Reaching Higher, GoingFurther,” the government committed that New Brunswick will havethe lowest personal income taxes in eastern Canada, and

WHEREAS in “Reaching Higher, Going Further,” the governmentcommitted that New Brunswick will have the lowest small businesstaxes in all of Canada; and

WHEREAS in “Reaching Higher, Going Further,” the governmentcommitted that New Brunswick will have the highest tax freethreshold for low-income earners in all of Canada;

BE IT THEREFORE RESOLVED THAT the Legislative Assemblyencourage the government of New Brunswick to continue to deliverlower taxes in a prudent and reasonable manner for the people ofNew Brunswick.

Mr. Targett gave Notice of Motion 19 that on Tuesday, August 5, 2003,he would move the following resolution, seconded by Mr. Lamrock:

That an address be presented to Her Honour the Lieutenant-Governor, praying that she cause to be laid upon the table of the


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

Mr. Holder gave Notice of Motion 20 that on Tuesday, August 5, 2003,he would move the following resolution, seconded by Mr. LeBlanc:

WHEREAS in its election platform entitled “Reaching Higher, GoingFurther,” the government committed that New Brunswick will haveeven more funding directed to education, universities, and students;and

WHEREAS in “Reaching Higher, Going Further,” the governmentcommitted that New Brunswick children will all be able to read bythe end of Grade 2; and

WHEREAS in “Reaching Higher, Going Further,” the governmentcommitted that New Brunswick will have more teachers andresources in the classroom;

BE IT THEREFORE RESOLVED THAT the Legislative Assemblyencourage the government of New Brunswick to continue to deliverquality education to the people of New Brunswick.

Mr. Murphy gave Notice of Motion 21 that on Tuesday, August 5,2003, he would move the following resolution, seconded byMr. Richard:

WHEREAS in March 2002, Waleed Arif, a young autistic man, wasplaced in Centracare;

WHEREAS the decision to place Mr. Arif in Centracare went againstthe recommendations of his own doctor, psychologist andpsychiatrist;

WHEREAS staff at Centracare have questioned the appropriatenessof this placement;

WHEREAS Mr. Arif ’s condition has visibly deteriorated since hisplacement in Centracare;

BE IT THEREFORE RESOLVED that this Legislature urge thegovernment to remove Waleed Arif from Centracare and providetreatment that is appropriate for his condition.


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

With leave of the House, Hon. Mr. Green moved, seconded byHon. P. Robichaud: (Motion No. 22)

THAT pursuant to Standing Rule 89, the following StandingCommittees be appointed for the Fifty-Fifth Legislative Assemblyand that the membership on the said Committees be as follows:

The Legislative Administration Committee be composed ofHon. Mr. Harrison, Hon. Mr. Green, Hon. P. Robichaud, Mr. Holder,Mr. C. LeBlanc, Mr. Stiles, Mr. Williams, Mr. Richard, Mr. S. Graham,and Ms. Weir.

The Standing Committee on Law Amendments be composed ofMr. Carr, Hon. Mr. Green, Mr. C. LeBlanc, Mr. Betts, Mr. Stiles,Mr. Sherwood, Mr. MacDonald, Mr. Boudreau, Mr. McGinley,Mr. Murphy, Mr. Burke and Ms. Weir.

The Standing Committee on the Ombudsman be composed ofMr. Malley, Mr. Holder, Mr. Betts, Mr. MacDonald, Mr. Williams,Mr. A. LeBlanc, Mr. Brewer and Mr. Kenny.

The Standing Committee on Private Bills be composed ofMr. Sherwood, Mr. Betts, Mr. MacDonald, Mr. Holder, Mr. Stiles,Mr. Williams, Mr. Malley, Mr. Landry, Mr. Armstrong, Mr. Kennedy,Mr. McGinley and Mr. Burke.

The Standing Committee on Privileges be composed ofHon. Mr. Green, Hon. P. Robichaud, Mr. Betts, Mr. Carr, Mr.Williams, Mr. Doucet, Mr. Haché and Ms. Weir.

The Standing Committee on Public Accounts be composed ofMr. Branch, Mr. Sherwood, Mr. Williams, Mr. C. LeBlanc, Mr. Malley,Mr. Betts, Mr. Carr, Mr. MacDonald, Mr. Haché, Mr. Jamieson,Mr. Richard and Ms. Weir.

The Standing Committee on Procedure be composed ofHon. Mr. Green, Hon. P. Robichaud, Hon. Mr. Harrison, Mr. Holder,Mr. C. LeBlanc, Mr. MacDonald, Mr. Richard, Mr. Allaby andMs. Weir.

The Standing Committee on Crown Corporations be composed ofMr. Stiles, Mr. Sherwood, Mr. Betts, Mr. Holder, Mr. Carr, Mr. Malley,Mr. MacDonald, Mr. Kenny, Mr. Allaby, Mr. Doucet, Mr. Arseneaultand Ms. Weir.

And the question being put, the motion was carried.



WHEREAS the government is committed to providing open andresponsive decision-making to the people of New Brunswick; and

WHEREAS the government is committed to strengthening the role ofMLAs to examine major public policy issues, such as education; and

WHEREAS the government is committed to creating a StandingCommittee on Education;

BE IT THEREFORE RESOLVED THAT this House appoint a SelectCommittee on Education, which will be charged with examining,inquiring into, and reporting to the House with respect to thedelivery of education in New Brunswick and, in particular, withoutlimiting the generality of the foregoing to consider such matters andmaterials to be referred by the Minister of Education to the SelectCommittee on Education.

The Select Committee on Education will also be responsible forhearing from the members of the general public, interest groups, andothers, any such information which they may so wish to present. TheCommittee may set appropriate rules for the receiving of saidsubmissions.

In addition to the powers traditionally conferred upon the saidCommittee by the Standing Rules, the Committee shall have thefollowing additional powers:

• to sit during sittings of the House and during the recess afterprorogation until the next following Session;

• to adjourn from place to place as may be convenient;• to retain such personnel as required to assist the Committee;

BE IT FURTHER RESOLVED that during a period when theLegislative Assembly is adjourned or prorogued, the Committee mayrelease a report by depositing a copy with the Clerk of the LegislativeAssembly, and upon the resumption of the sittings of the House, theChairperson shall present the report to the Legislative Assembly;

BE IT FURTHER RESOLVED THAT the said Committee be composedof Mr. Betts, Mr. Carr, Mr. Malley, Mr. C. LeBlanc, Mr. Holder,Mr. Sherwood, Mr. Stiles, Mrs. Robichaud, Mr. Lamrock,Mr. Ouellette, Mr. Brewer and Ms. Weir;

BE IT FURTHER RESOLVED THAT the question of creating aStanding Committee on Education be referred to the StandingCommittee on Procedure for its consideration.




WHEREAS the government is committed to providing open andresponsive decision-making to the people of New Brunswick; and

WHEREAS the government is committed to strengthening the role ofMLAs to examine major public policy issues, such as heath care; and

WHEREAS the government is committed to creating a StandingCommittee on Health Care;

BE IT THEREFORE RESOLVED THAT this House appoint a SelectCommittee on Health Care, which will be charged with examining,inquiring into, and reporting to the House with respect to thedelivery of health care in New Brunswick and, in particular, withoutlimiting the generality of the foregoing to consider other suchmatters and materials to be referred by the Minister of Health andWellness to the Select Committee on Health Care.

The Select Committee on Health Care will also be responsible forhearing from members of the general public, interest groups, andothers, any such information which they may wish to present. TheCommittee may set appropriate rules for the receiving of saidsubmissions.




BE IT FURTHER RESOLVED that during a period when theLegislative Assembly is adjourned or prorogued, the Committee mayrelease a report by depositing a copy with the Clerk of the Assembly,and upon the resumption of the sittings of the House, theChairperson of the Committee shall present the report to theLegislative Assembly;

BE IT FURTHER RESOLVED that the said Committee be composedof: Mr. Williams, Mr. Stiles, Mr. C. LeBlanc, Mr. Holder,Mr. Sherwood, Mr. Carr, Mr. Malley, Mr. Albert, Mr. MacIntyre,Mr. Kennedy, Mr. Lamrock and Ms. Weir;


BE IT FURTHER RESOLVED that the question of creating a StandingCommittee on Health Care be referred to the Standing Committee onProcedure for its consideration.



WHEREAS forestry is one of New Brunswick’s most importanteconomic sectors;

AND WHEREAS wood supply is critical for our province’s forestryindustry to help provide jobs and prosperity for people andcommunities in rural New Brunswick;

AND WHEREAS the Government of New Brunswick has beenproactive in examining best practices in other jurisdictions andcommissioning research into wood supply enhancement;

BE IT RESOLVED that this House appoint a Select Committee onWood Supply. This Select Committee will be charged with theresponsibility of inquiring into and reporting on the status ofsustainable wood supply from Crown lands in New Brunswick andto make recommendations regarding what legislative, regulatory orpolicy changes may be considered by government to improve uponthe current wood supply and the management thereof, and tospecifically address the following matters, among others:

• opportunities and strategies arising from the Jaakko Pöyry Reportto increase the available wood supply from Crown lands in NewBrunswick;

• opportunities and strategies for the future direction of CrownLand forest management;



• to adjourn from place to place as may be convenient;

• to retain such personnel as required to assist the Committee;

BE IT FURTHER RESOLVED that during a period when theLegislative Assembly is adjourned or prorogued, the Committee mayrelease a report by depositing a copy with the Clerk of the Legislative


Assembly, and upon the resumption of the sittings of the House, theChairperson shall present the report to the Legislative Assembly;

BE IT FURTHER RESOLVED that the Select Committee be comprisedof the following Members: Mr. MacDonald, Mr. Stiles, Mr. Malley,Mr. C. LeBlanc, Mr. Carr, Mr. Sherwood, Mr. Williams, Mr. Foran,Mr. Targett, Mr. Landry, Mr. Paulin and Ms. Weir.


Hon. Mr. Green announced that it was the intention of governmentto commence second reading of Bill 1, An Act to Amend the InsuranceAct.

At 12.45 o’clock p.m., Mr. Speaker left the chair to resume again at2 o’clock p.m.

2 o’clock p.m.

Mr. Speaker resumed the chair.

The Order being read for second reading of Bill 1, An Act to Amend theInsurance Act, a debate arose thereon.

And after some time, due to the unavoidable absence of Mr. Speaker,Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker.

Mr. Allaby rose on a point of order and submitted thatHon. Mr. Steeves, the Minister of Public Safety, should limit hiscomments to the principle of the Bill under consideration.Mr. Deputy Speaker ruled the point well taken.

And after some further time, Mr. Speaker resumed the chair.

Mr. Allaby rose on a point of order and submitted thatHon. Ms. Dubé, the Minister of Education, should limit hercomments to the principle of the Bill under consideration.Mr. Speaker ruled the point well taken.

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

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


Thursday, July 31, 2003.

1 o’clock p.m.

Prayers.

Mr. Speaker drew the attention of the House to an error on the Orderand Notice Paper, noting that Bill 2, Volunteer Protection Act, had beeninadvertently omitted from the Order and Notice Paper.

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

The Order of the Day being read that the House proceed to take intofurther consideration the proposed Address in answer to HerHonour’s speech at the opening of the session,

The Assembly resumed the adjourned debate on the proposedmotion of Mr. Carr, seconded by Mr. Williams:

THAT the following Address be presented to Her Honour theLieutenant-Governor to offer the humble thanks of this House to HerHonour for the gracious speech which she has been pleased to maketo the Legislative Assembly, namely:


To Her Honour,The Honourable Marilyn Trenholme Counsell,Lieutenant-Governor of the Province of New Brunswick.



And the debate continuing,

On motion of Hon. Mr. Fitch, the further consideration thereof wasadjourned over.


August 1 35Journal of Assembly

Friday, August 1, 2003.

10 o’clock a.m.

Prayers.

Mr. Speaker advised Members to keep congratulatory messages briefand to the point, and to avoid using this item of business to makeMembers’ Statements.

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

The following Bills were introduced and read a first time:

By Mr. S. Graham:Bill 3, Construction Labour Mobility Act.Bill 4, An Act to Amend the Electricity Act.

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

Mr. Boudreau gave Notice of Motion 26 that on Thursday, August 7,2003, he would move the following resolution, seconded byMrs. Robichaud:

WHEREAS students are bullied in their schools;

WHEREAS this bullying exists at all academic levels in schools in theprovince of New Brunswick;

WHEREAS being bullied greatly affects one’s self-esteem;

WHEREAS students need to learn how to cope with this problem;

BE IT THEREFORE RESOLVED that the Legislative Assemblystrongly urge the government to direct the Department of Educationto hold seminars on how to deal with bullies in every school in theprovince every school year.

Mr. Targett gave Notice of Motion 27 that on Thursday, August 7,2003, he would move the following resolution, seconded byMr. Foran:

WHEREAS the government outlined a number of commitments toNew Brunswickers in the last election campaign;

36 August 152 - 53 Elizabeth II, 2003 - 2004

WHEREAS cuts are now pending to government departments;

WHEREAS the people of New Brunswick have charged thegovernment with the responsibility of carrying out theircommitments;

BE IT THEREFORE RESOLVED that this Legislature urge thegovernment to present to this House a comprehensive plan andtimeline for the implementation of these commitments.

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

The Order being read for second reading of Bill 2, Voluntary ProtectionAct, a debate arose thereon.

And after some time, Hon. Mr. Steeves, seconded by Hon. Mr. Green,moved in amendment:

AMENDMENT

That the motion for second reading be amended by deleting all thewords after the word “that” and substituting the following:

Bill 2, Volunteer Protection Act, be not now read a second time but thatthe order for second reading be discharged and the subject matter ofthe Bill referred to the Standing Committee on Law Amendments.

Mr. Speaker put the question on the amendment to the motion, andthe amendment was carried.

The Order of the Day being read that the House proceed to take intofurther consideration the proposed Address in answer to HerHonour’s speech at the opening of the session,









After some time, due to the unavoidable absence of Mr. Speaker,Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker.

And after some further time, it was agreed by unanimous consent tocontinue sitting through the noon recess.

And after some time, Mr. Speaker resumed the chair.

And the debate continuing, after some time it was, on motion ofHon. Ms. Dubé, adjourned over.

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

The House resumed the adjourned debate on the motion that Bill 1,An Act to Amend the Insurance Act, be now read a second time.


After some further time, due to the unavoidable absence ofMr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair asActing Speaker.

After some time, due to the unavoidable absence of Mr. Speaker,Mr. Holder, the Deputy Speaker, resumed the chair as ActingSpeaker.

Hon. P. Robichaud rose on a point of order regarding the relevance ofcertain comments.

Mr. Holder, the Deputy Speaker, cautioned Members in this regard,remarking that debate at second reading should be confined to theprinciples of the Bill.


Hon. Mr. Steeves rose on a point of order regarding the relevance ofcertain comments.

Mr. Holder, the Deputy Speaker cautioned Members in this regard.

Mr. Richard rose on a point of order regarding the use of props bythe Minister of Business New Brunswick. Mr. Holder, the DeputySpeaker, ruled the point of order well taken.

After some time, due to the unavoidable absence of Mr. Speaker,Mr. C. LeBlanc, the Deputy Speaker, resumed the chair as ActingSpeaker.

After some further time, Mr. Speaker, resumed the chair.

Mr. Richard rose on a point of order and requested thatHon. P. Robichaud table a copy of comments attributed to him.

Mr. Speaker advised that points of order should not be used as anopportunity to interrupt debate, cautioning Members againstabusing the privilege of standing on a point order in an attempt tocorrect information Members may not agree with.

And the debate being ended, and the question being put that Bill 1,An Act to Amend the Insurance Act, be now read a second time, themotion was carried.

Accordingly, Bill 1, An Act to Amend the Insurance Act, was read asecond time and referred to the Committee of the Whole House.



Tuesday, August 5, 2003.1 o’clock p.m.

Prayers.

Mr. Branch, the Member for Nepisiguit, laid upon the table of theHouse a petition signed by residents of Maisonnette urging thegovernment to repair the dangerously unsafe road “chemin desChalets.” (Petition 6)

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

Mr. Branch, the Member for Nepisiguit, laid upon the table of theHouse a petition signed by residents of New Brunswick urging thegovernment to take into consideration the project of Mr. RolandChiasson, which concerns the cutting of wood with horses, whilerespecting the fauna and the environment. (Petition 8)


By Mr. S. Graham:Bill 5, An Act to Amend the Workers’ Compensation Act.Bill 6, An Act to Amend the Public Utilities Act.Bill 7, An Act to Amend the Insurance Act.


Mr. Doucet gave Notice of Motion 28 that on Tuesday, August 12,2003, he would move the following resolution, seconded byMr. S. Graham:

That an address be presented to her Honour the Lieutenant-Governor, praying that she cause to be laid upon the table of theHouse all correspondence, memos, e-mails and/or reports regardinga proposed project for power generation in the area of Belledune.

Mr. Branch gave Notice of Motion 29 that on Tuesday, August 12,2003, he would move the following resolution, seconded byMr. S. Graham:

WHEREAS our people of rural New Brunswick voiced rejection ofthe government’s plan for another level of government with a


hidden agenda of an extra tax burden which our people of rural NewBrunswick cannot afford;

WHEREAS this government has clearly stated its intention to havethe provincially provided services of transportation and policingpaid for in unincorporated New Brunswick entirely out of ruralproperty taxes; and

WHEREAS the tax base of unincorporated New Brunswick cannotcover these costs without a major property tax rate increase; and

WHEREAS the people of rural New Brunswick already pay towardtransportation costs through gasoline tax which this government hasstated is directed entirely into the budget of the Department ofTransportation;

BE IT THEREFORE RESOLVED that this Legislature urge thegovernment to abandon its plan to increase the base rate for ruralproperty taxes to cover the entire cost of transportation and policingin unincorporated New Brunswick and abandon its plan to createrural municipal government with another layer of property tax.

With leave of the House, the Honourable the Premier moved,seconded by Mr. S. Graham: (Motion No. 30)

WHEREAS fair, affordable and accessible automobile insurance is aconcern for all New Brunswickers; and

WHEREAS the government of New Brunswick has been pro-activeand is committed to bringing about relief for New Brunswick driversfaced with increasing automobile insurance premiums; and

WHEREAS public automobile insurance has been suggested as amodel that could bring relief for New Brunswick drivers; and

WHEREAS there are many models of public insurance that containnumerous options and in the interest of informed public debatethese models and options should be explored in the New Brunswickcontext; and

WHEREAS there is already an Atlantic Canada Task Force conductinga comprehensive study of the full cost-benefit, legal and tradeimplications of establishing an Atlantic Canada public automobileinsurance system;

BE IT RESOLVED THAT this House appoint a Select Committee onPublic Automobile Insurance to examine into and inquire on themost suitable form of public insurance system for New Brunswickshould the province conclude that a public system is required.


Without limiting the scope of the study, this Select Committee will becharged with the responsibility of inquiring into and identifying:

1) the most suitable model of public automobile insurance toensure fair, affordable and accessible public automobileinsurance for all New Brunswickers, including:

a) the type of public automobile, insurance system to berecommended (i.e. tort, full no-fault, partial no-fault, choiceor hybrid systems, etc.);

b) the types of coverage and benefits to be offered;c) a proper risk rating system for establishing individual

premiums;d) the method of distribution (i.e. through brokers, public

means, or both)e) the types of insurers (i.e. participation of private sector and

government within the public model)

2) the start-up costs for establishing the proposed model,including infrastructure, office equipment, payroll, initialprovision for losses, etc.;

3) the fixed and recurring costs of operating the proposed model;4) the legal and trade implications involved in setting up the

proposed model;5) the downstream impact of the proposed model on the legal

community, the physiotherapists and other therapists, as well ason the brokers, independent adjusters, automotive repair shopsand other trades or professions;

6) the impact on provincial finances with respect to the healthservices levy, premium tax; cost recovery of the PUB and theSuperintendent, and the impact on medicare;

7) the benefits of common interprovincial and regionalapproaches; and

8) the creation of a basic automobile insurance policy within apublic system,

and, also consider such other matters or materials to be referred bythe Minister of Justice, including a discussion paper on publicinsurance options.

BE IT FURTHER RESOLVED THAT the Select Committee on PublicAutomobile Insurance will also be responsible for hearing frommembers of the general public, interest groups, and others, any suchinformation which they may so wish to present. The Committee mayset appropriate rules for the receiving of said submissions.





BE IT FURTHER RESOLVED THAT during a period when theLegislative Assembly is adjourned or prorogued, the Committee mayrelease a report by depositing a copy with the Clerk of the LegislativeAssembly, and upon the resumption of the sittings of the House, theChairperson shall present the report to the Legislative Assembly;

BE IT FURTHER RESOLVED THAT the said Committee be composedof Ms. Weir, Mr. Stiles, Mr. C. LeBlanc, Mr. Sherwood,Mr. MacDonald, Mr. Williams, Mr. Betts, Mr. Malley, Mr. Burke,Mr. Haché, Mr. Doucet, Mr. Richard.


Hon. Mr. Green announced that following second reading, andPrivate Members’ Motions, it was the intention of the governmentthat the House resume the adjourned debate on the motion for anAddress in Reply to the Speech from the Throne.

On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud:

Resolved, that when the House adjourns at the end of this sittingday, it stand adjourned until tomorrow at 2 o’clock p.m.

The Order being read for second reading of Bill 3, Construction LabourMobility Act, a debate arose thereon.

And after some time, on motion of Hon. Mr. Mockler, the debate wasadjourned over on the following recorded division:

YEAS - 28Hon. Ms. Blaney Hon. Mr. Steeves Mr. BettsHon. E. Robichaud Hon. Ms. Dubé Mr. MalleyHon. Mr. Mesheau Hon. Ms. Poirier Mr. WilliamsHon. Mr. Volpé Hon. Mr. Ashfield Mr. CarrHon. Mr. Lord Hon. Mr. Fitch Mr. MacDonaldHon. Mr. Green Hon. Ms. Fowlie Mr. StilesHon. Mr. Graham Hon. P. Robichaud Mr. Holder


Hon. Mr. Mockler Hon. Mr. Alward Mr. C. LeBlancHon. Ms. MacAlpine Hon. Mr. Huntjens Ms. WeirMr. Sherwood

NAYS - 26Mr. McGinley Mr. Kennedy Mr. ForanMr. Jamieson Mr. Ouellette Mr. AlbertMr. Haché Mr. Lamrock Mr. A. LeBlancMr. MacIntyre Ms. Robichaud Mr. PaulinMr. S. Graham Mr. Targett Mr. DoucetMr. Richard Mr. Burke Mr. BoudreauMr. Allaby Mr. Murphy Mr. BrewerMr. Landry Mr. Kenny Mr. ArseneaultMr. Branch Mr. Armstrong

The Order being read for second reading of Bill 4, An Act to Amend theElectricity Act, a debate arose thereon.

And after some time, Mr. S. Graham, seconded by Mr. Richard,moved in amendment:

AMENDMENT


Bill 4, An Act to Amend the Electricity Act, be not now read a secondtime but that the order for second reading be discharged and thesubject matter of the Bill referred to the Standing Committee on LawAmendments.

And the question being put, the House divided as follows:YEAS - 27

Mr. McGinley Ms. Weir Mr. ArmstrongMr. Jamieson Mr. Kennedy Mr. ForanMr. Haché Mr. Ouellette Mr. AlbertMr. MacIntyre Mr. Lamrock Mr. A. LeBlancMr. S. Graham Ms. Robichaud Mr. PaulinMr. Richard Mr. Targett Mr. DoucetMr. Allaby Mr. Burke Mr. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. Arseneault

NAYS - 27Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley


Hon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

Mr. Speaker advised that when there is an equality of votes followinga division in the House, the Speaker is obligated to cast the decidingvote in accordance with Standing Rule 14.

With respect to the amendment moved by the Leader of theOpposition to the second reading motion (Bill4), the generalprinciple applied to amendments is that decisions should not betaken except by a majority and that where there is no majority, themain motion should be left in its existing form.

Accordingly, Mr. Speaker cast his vote in the negative and declaredthe amendment defeated.

Debate resumed on the motion that Bill 4, An Act to Amend theElectricity Act, be now read a second time.

And after some time, on motion of Hon. Mr. Fitch, the debate wasadjourned on the following recorded division:

YEAS - 27Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

NAYS - 26Mr. McGinley Mr. Kennedy Mr. ForanMr. Jamieson Mr. Ouellette Mr. AlbertMr. Haché Mr. Lamrock Mr. A. LeBlancMr. MacIntyre Ms. Robichaud Mr. PaulinMr. S. Graham Mr. Targett Mr. DoucetMr. Richard Mr. Burke Mr. BoudreauMr. Allaby Mr. Murphy Mr. BrewerMr. Landry Mr. Kenny Mr. ArseneaultMr. Branch Mr. Armstrong


It was agreed by unanimous consent that, prior to taking intoconsideration Private Members’ Motions, the House would resumethe adjourned debate on the motion for an Address in Reply to theSpeech from the Throne.

Accordingly, the Assembly resumed the adjourned debate on theproposed motion of Mr. Carr, seconded by Mr. Williams:







After some time, due to the unavoidable absence of Mr. Speaker,Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.

At 5 o’clock p.m., Mr. Speaker resumed the chair, declared a recess,and left the chair.

5.13 o’clock p.m.


And the debate continuing, after some time it was, on motion ofHon. Mr. Green, on behalf of Hon. Mr. Lord, adjourned over.

Pursuant to Notice of Motion 1, Mr. S. Graham, seconded byMr. Richard, moved:WHEREAS the 2003-2004 provincial budget called for a small surplusof $7 million;WHEREAS the provincial Minister of Finance has asked thatdepartments cut $49 million out of their budgets;


WHEREAS the provincial government has already depleted theFiscal Stabilization Fund;

AND WHEREAS the Premier made numerous significant financialcommitments in recent months;

BE IT THEREFORE RESOLVED that the Legislative Assembly urgethe Minister of Finance to bring forward a revised economic outlookfor New Brunswick and an updated budget forecast within twoweeks for the 2003-2004 fiscal year.

And the question being put, a debate ensued.


Mr. Richard rose on a point of order and requested that the Ministerof Finance refer to the Leader of the Opposition by his correct title.

Mr. Holder, the Deputy Speaker, ruled the point well taken.


And after some further time, Mr. Speaker interrupted proceedingsand advised that the ordinary time of daily adjournment hadarrived.



Wednesday, August 6, 2003.

2 o’clock p.m.

Prayers.







And the debate being ended and the question being put thereon, itwas 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 Thronebe engrossed, signed by Mr. Speaker, and presented to Her Honourby a Committee of the House.

Ordered that Hon. Mr. Lord, Mr. Carr and Mr. Williams be theCommittee to wait upon Her Honour with the Address and presentthe same.

On motion of Hon. Mr.Green, seconded by Hon. P. Robichaud:

RESOLVED that when the House adjourns at the end of this sitting day,it stand adjourned until Thursday, August 7, 2003, at 10 o’clock a.m.



Thursday, August 7, 2003.

10 o’clock a.m.

Prayers.

Mr. Jamieson, the Member for Saint John-Fundy, laid upon the tableof the House a petition signed by residents of the Black River areawho conclude that the environmental impact of the Gulf-OperatorLtd, Black River Aggregate Processing plant is unacceptable andrecommend to the Minister that the approval to operate the facilitybe cancelled. (Petition 9)

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

Hon. Mr. Green announced that following second reading, andPrivate Members’ Motions, it was the intention of the governmentthat the House resolve itself into a Committee of the Whole toconsider Bill 1, An Act to Amend the Insurance Act.

The Government House Leader noted that the government hadagreed to a request of the Official Opposition to set aside debate onMotion 1 and to debate a new motion to be introduced by theOpposition.

The Order being read for second reading of Bill 5, An Act to Amendthe Workers’ Compensation Act, a debate arose thereon.

And after some time, Hon. Mrs. Blaney moved in amendment:

AMENDMENT


Bill 5, An Act to Amend the Workers’ Compensation Act, be not now reada second time but that the order for second reading be dischargedand the subject matter of the Bill referred to the Standing Committeeon Law Amendments.

Mr. Speaker put the question on the amendment to the motion, andthe amendment was carried.

The Order being read for second reading of Bill 6, An Act to Amendthe Public Utilities Act, a debate arose thereon.


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

The Order being read for second reading of Bill 7, An Act to Amendthe Insurance Act, a debate arose thereon.After some time, due to the unavoidable absence of Mr. Speaker,Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Speaker resumed the chair.At 1.10 o’clock p.m., Mr. Speaker declared a recess and left the chair.

2.14 o’clock p.m.Mr. Speaker resumed the chair.And after some time, on motion of Hon. Mr. Green, the debate wasadjourned over on the following recorded division:


NAYS - 25Mr. Jamieson Mr. Ouellette Mr. ForanMr. Haché Mr. Lamrock Mr. AlbertMr. MacIntyre Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Targett Mr. PaulinMr. Richard Mr. Burke Mr. DoucetMr. Allaby Mr. Murphy Mr. BoudreauMr. Landry Mr. Kenny Mr. BrewerMr. Branch Mr. Armstrong Mr. ArseneaultMr. Kennedy

With leave of the House to dispense with Notice, Mr. S. Grahammoved, seconded by Mr. Richard: (Motion 31)

WHEREAS the people of New Brunswick have suffered excessivelythe effects of high automobile insurance rates; and


WHEREAS the Premier pledged to fix automobile insurance rates;and

WHEREAS the Bill before the House, “Bill 1, An Act to Amend theInsurance Act,” does not guarantee lower automobile insurance ratesand does not fulfill the Premier’s pledge to the people of NewBrunswick; and

WHEREAS a Select Committee of the Legislative Assembly is chargedto conduct an informed, focused and comprehensive examinationleading to recommendations on the most suitable public automobileinsurance option for New Brunswick;

BE IT RESOLVED that, if the New Brunswick automobile insurancerates have not fallen by 20% by October 1, 2003, the House shall beconvened on October 28, 2003, to implement a public automobileinsurance plan for New Brunswick.


Due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, theDeputy Speaker, took the chair as Acting Speaker.

Mr. MacIntyre rose on a point of order noting that the comments ofthe Minister of Intergovernmental and International Relations werenot related to the motion under consideration.

Mr. C. LeBlanc, the Deputy Speaker, ruled the point well taken.

Hon. Mr. Steeves rose on a point of order noting that the commentsof the Member for Fredericton-Fort Nashwaak were not related to themotion under consideration.

Mr. Deputy Speaker cautioned all Members to limit comments indebate to the relevant motion.

And after some time, Mr. Speaker resumed the chair.`

And the debate being ended, and the question being put, Motion 31was negatived on the following recorded division:

YEAS - 25Mr. Jamieson Mr. Ouellette Mr. ForanMr. Haché Mr. Lamrock Mr. AlbertMr. MacIntyre Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Targett Mr. PaulinMr. Richard Mr. Burke Mr. DoucetMr. Allaby Mr. Murphy Mr. BoudreauMr. Landry Mr. Kenny Mr. BrewerMr. Branch Mr. Armstrong Mr. ArseneaultMr. Kennedy


NAYS - 27Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

The House resolved itself into a Committee of the Whole withMr. Holder in the chair.And after some time, Mr. Carr rose on a point of order and submittedthat the Member for Fredericton North had made unparliamentaryremarks.Several Members spoke on the point of order.The Chairman advised that he would review the transcript ofproceedings and report back to the Committee, if necessary.And after some time, Mr. MacDonald took the chair as ActingChairman.After some further time, Mr. Holder resumed the chair.After some time, Mr. C. LeBlanc took the chair.After some further time spent in Committee of the Whole,Mr. Holder resumed the chair.At 7.10 o’clock p.m., the Chairman declared a recess and left the chair.

7.24 o’clock p.m.The Committee resumed with Mr. Holder in the chair.And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert to the Orderof Presentations of Committee Reports, reported:That the Committee had directed him to report the following Bill asagreed to:Bill 1, An Act to Amend the Insurance Act.Pursuant to Standing Rule 78.1, Mr. Speaker put the question on themotion deemed to be before the House, that the report be concurredin, and it was resolved in the affirmative.



Friday, August 8, 2003.10 o’clock a.m.

Prayers.

Pursuant to Standing Rule 10, Mr. Burke, the Member for FrederictonNorth, rose on a point of privilege and complained that thecomments attributed to him by The Daily Gleaner were untrue. Heoffered an apology to the House if his actual remarks were offensive.

Mr. Malley, the Member for Miramichi Bay-du Vin, rose on a point ofprivilege and requested an apology from Mr. Burke for remarksallegedly made in Committee of the Whole during the previousday’s sitting. He further requested that the matter be referred to theStanding Committee on Privileges.

Mr. Speaker delivered the following statement:

STATEMENT

There are three points I would like to make. I am ruling on an itemthat took place in Committee of the Whole last night, whichtechnically should have been dealt with in Committee of the Whole.That is the first point. The second point is that the member forFredericton North, I believe, apologized this morning. Third, thiswould not be considered a matter of privilege, because it was notimpugned to a member of the House. It would be a matter of order.On a point of order, it certainly can be dealt with. It should havebeen dealt with in committee.

Those are the clarifications. Privilege has to involve somethingimpugned directly to a member of this House. I presume that theapology has been accepted by the Chamber. That is what I heard thismorning. I think the matter has been dealt with, and it has certainlybeen a public issue. I would presume that all members should besatisfied with the question having been dealt with in some fashion.

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

Mr. Allaby gave Notice of Motion 32 that on Thursday, August 14,2003, he would move the following resolution, seconded byMr. S. Graham:

That an address be presented to Her Honour the Lieutenant-Governor, praying that she cause to be laid upon the table of the


House the dollar amounts, dates awarded and completion dates forthe Department of Transportation contracts listed and identified inthe Schedule below and affixed hereto:Contract Description98-1650 Riverglade-Route 2-CNR Overheads98-3016 St. David Ridge Road Overpasses98-3017 Back Road to Route 760 (Grading)98-3018 Erb Settlement Road Overpasses98-3018 Erb Settlement Road Overpasses98-3020 Lower Cove-Route 1 CNR Overhead98-3020 Lower Cove-Route 1 CNR Overheads98-5078 Madawaska Maliseet First Nation-Rte 2 Underpass98-5079 Longs Creek Bridge98-5080 Edmundston TCH Viaduct-(South & North)98-6146 Lily Brook to Benton Road-Grading98-6147 Dugan Road to Lily Brook-Grading98-6148 Hodgdon Rd. Int. to Dugan Rd-Grading98-7134 St. Basile Int to Riviere Verte-Paving98-7135 Quisibis River to Martin Road Interchange-Paving98- 7136 Martin Road Interchange towards Grande River-Paving98- 7140 Chapel Road to Rainsford Lane98- 7141 Davidson Lake Road to Lodge Lane98-7143 Beaconsfield to Scott Road Area98-7144 Iroquois River to Hydroline98-7146 Doucet Road to Quisibis River98-7147 Quisibis to Grande River99-7148 Riviere Verte to Quisibis River-Paving99-1392 Aiton Road Overpass (Eastbound)99-1638 Laforge Brook Area to Despres Rd (Clearing)99-1697 Pisgah CNR Overhead99-2071 Pennfield Interchange (Grading & Paving)99-3030 Norton Interchange Area to CNR Overhead, Paving99-3031 Norton Interchange to Sussex-Grading, Paving, Signing, Lighting

& Connections99-3054 Route 750 to St. David Ridge Road (Clearing)99-3646 Route 16, Jake Road to O’Hearn Road99-3651 Route 7, Backland Overpass Area to North of Henderson Lake

Overpass99-3684 Route 1, Lakeside Rd Overpass to Hammond Rib (WB lanes) &

Route 7, Route 102 Int. Area twds Saint John99-3718 Route 1, Eastbound Lanes (Rothesay Interchange Area)99-3729 Route 1, Route 111 Interchange Area & Westbound Ramps +

Route 119 Eastbound Ramps99-5082 Bulls Creek Bridge 1.599-5083 Drury Cove Overpasses99-5084 Route 3 Underpass99-5085 Florenceville Bridge99-5086 Route 760 Underpass (Simpson Corner


99-5087 Benton Road Overpasses99-5088 Shogomoc River Bridge No.1 (South)99-5089 Hebert Blvd. (North & South) and East Madawaska Rd. (North &

South)99-6150 Route 3 to Route 750 (Grading)99-6151 Quebec to Saint-Jacques, Scale Site Area99-6152 Benton Road to Eel River (Grading)99-6153 Route 760 to Waweig River (Grading)99-6154 Aroostook to Curry Brook (Grading)99-6155 Curry Brook to Route #190 Area (Grading)99-6157 Eel River to Route 122-Grading99-6158 Shogomoc Stream Area to Allandale Road Area-E/B Lanes99-6159 Coombes Road to Albert Road-Grading99-6160 Albert Road to Laforge Brook Area-Grading99-6161 Kennebecasis River to Cougle Road, Job #1-Grading99-6162 Route 122 Area towards Charlie Lake Rd Area (Clearing)99-6163 Charlie Lake Rd Area towards Shogomoc Stream (Clearing)99-6164 Quebec to Saint Jacques, Clearing & Pole Moves99-7150 Pokiok Stream to Davidson Lake Road99-7151 Wiggins Road to Route 1099-7152 Route 2-Florenceville to Lansdowne Overpass & Acceleration Lane99-7153 St. Basile to St. Leonard-Paving, Signing, Lighting & Connections99-7154 Elgin Road Interchange to Old Route 2 (31.5 mm, P, S, L)99-7156 Somerville Rd Area to South of Estey Road (Microsurfacing)99-7157 Partridge Valley Rd to Thompson Rd (Various Locations in Dist 4

& 5-Rhyolite)99-7158 Dugan Road to Benton Road00-1919 Perth-Andover Access Road (Maintenance Depot to Rte#190),

Grading & Paving00-1988 Benton Road to Eel River (Completion of 99-6152)00-2039 Pennfield (Route 176)-Route 1 Underpass00-2056 Route 106, Plantation Road (Old Route 2) Intersection Upgrade01-1393 Smith Creek Road Overpass (South)01-2148 Bourgoin Road (Underpass)01-2158 Route 870 to Route 88001-2159 Route 95 toward Beardsley Road (EB & WB) and Dugan Rd Area

toward Craig Road01-2168 Westbound Lanes Improvement & Service Road (Grading &

Paving)01-2169 Aroostook River Bridge #101-2170 Dugan Road to Benton Road Area-(75mm)01-2171 Sullivan Brook to Charlie Lake Rd. (Grading)01-2172 Charlie Lake Road to Shogomoc Stream Area (Grading)01-2174 Route 122 Overpasses01-2218 Petitcodiac to Anagance (Westbound)01-2258 Smith Creek Rd, Interchange to Cougle Rd (Detour)-Grading &

Paving01-2328 Grand Falls TCH Bridge (West)01-2468 Laforge Brook Area to Desjardins Road-Grading


01-2478 Madawaska River No. 4.5 North & South01-2479 Eel River Bridges #1.5 (Sub-structure)01-2480 Eel River Bridges #1.5 (Steel Super-structure)01-2918 Kennebecasis River Bridges No. 6.502-2638 Kennebecasis River Bridge #6.5 to Kennebecasis River Bridge #7

& Roachville Interchange02-2639 Desjardins Road to CNR (Main Lanes, Interchange & Access)-

Grading02-2728 Route 218 Interchange Upgrade (G, P, S & L)02-2768 Pennfield Interchange (Grading, Paving, Signing & Lighting)02-2808 Pisgah CNR Overhead (south)02-2818 Shogomoc Stream Area to Allandale Road Area-E/B Lanes02-2828 CNR to Saint John River & Rte 108 Detour-Grading & Paving02-2838 Coombes Rd to Albert Rd-Paving02-2839 Route 122 Area to Charlie Lake Rd Area (Grading)02-2848 Lower Cove CNR to Kennebecasis River Bridge #6.502-2849 Aroostook to Route 190 Area-Grading & Paving (Eastbound

Lanes)02-2850 Curry Brook Access Road-Route 2 Overpass (West Structure)02-2851 Route 190 Area to Wark Brook (Grading & Paving)02-2852 Albert Rd. to LaForge Brook & Bourgoin Int. (Grading &

Paving), Job #202-2869 Coombes Brook Area to Hydroline02-2870 Eastbound Lanes & Property Access Rd “B” (Grading)02-2871 Dugan Road Area to Benton Road Area-31.5mm & Paving, Job #202-2872 Bulls Creek to Dugan Road Interchange & Dugan Rd Diversion-

31.5mm & Paving, Job #102-2873 Waweig Interchange & Connection to Existing Rte 1 Grading &

Paving02-2878 Kennebecasis River Bridge No 7 (North)02-2898 Route 2, Hugh John Flemming Bridge toward Sommerville Road

Area02-2908 Rte 2, Prince William Area Climbing Lanes02-2978 Laforge Road-Rte 2 Underpass02-3018 Charlie Lake Road Overpasses02-3038 Rte 2, EB End Divided Highway to River de la Troite, WB Rte 144

interchange area02-3058 Route #190-Rte 2 Overpass (Westbound Lanes)02-3068 Route 255-CNR Overhead02-3070 Laplante Road Overpasses02-3071 Route 108 Overpass02-3072 Musquash River Bridge #1 (North)02-3073 Grand Falls TCH Bridge (East)-Rehab02-3078 Kennebecasis River Bridge No.7 (South)02-3079 Aiton Road-Rte 1 WB Overpass (North)02-3088 Albert Road-Rte 2 Overpasses02-3098 Despres Road Underpass


02-3099 Rte 2 CNR Subway02-3158 Rte 1, Letang Causeway02-3318 Rte 2, Doak Rd to Vanier Industrial Drive-Grading02-3328 Rte 2, High Speed Connector to Doak Rd-Clearing02-3368 Hodgdon Road Interchange-Grading02-3418 Rte 2, Magnetic Hill Area to Mapleton Rd Area (EB & WB)02-3438 Curry Brook Access Road-Route 2 Overpass (Westbound Lanes)03-3459 Kennebecasis River #7 to Cougle Rd (Main Lanes &

Ramps+Final Connections-Grading & Paving03-3478 Eastbound Lanes (Paving, Signing & Lighting)03-3548 Route 255 Connector-Rte 2 Underpass03-3558 Rte 2, High Speed Connector to Doak Rd-Underpass Structure03-3578 Roachville Route 1 Underpass03-3588 Hodgdon Rd Interchange, Grading, Access Road & Trail03-3598 Route 127 EB Overpass (South Structure)03-3589 Curry Brook Culvert Replacement (WB Lanes)03-3609 Rte 2, High Speed Connector to Doak Rd (G, P, S & L),

Connections03-3732 Route 190-Rte 2 Overpass (Eastbound Lanes-Deck Widening)03-3736 Laforge Brook Area to Route 108 Area-Paving03-3737 Despres Rd to Desjardin Rd Connector03-3740 Waweig Interchange (Rte 127) & Connection to Rte 1, Paving,

Signing & Lighting03-3747 Final Connections (East & West Ends) & Coombes Brook Area-

G, P, S & L03-3748 Aroostook to Wark Brook (G, P, S & L)03-3780 Hodgdon Rd Underpass03-3808 Route 1 & Route 10, Roachville Road Interchange (Signing &

Lighting)03-3929 Lower Cove CNR to Kennebecasis 6.5 (Surface Mix)

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

Mr. Green announced that following third reading, the Royal AssentCeremony would be taking place.


The Order being read for third reading of Bill 1, An Act to Amend theInsurance Act, a debate arose thereon.

After some time, due to the unavoidable absence of Mr. Speaker,Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.

It was agreed by unanimous consent to continue sitting through thenoon recess.

And after some further time, Mr. Allaby rose on a point of order andrequested that Mr. Mesheau, the Minister of Business NewBrunswick, refrain from noting the presence or absence of Membersin the Chamber.

Mr. C. LeBlanc, the Deputy Speaker, ruled the point well taken.

Hon. Ms. Fowlie rose on a point of order and submitted that theMember for Miramichi Centre had used unparliamentary language.The Member for Miramichi Centre apologized.

At 1.29 o’clock p.m., Mr. C. LeBlanc, the Deputy Speaker, declared arecess and left the chair.

1.34 o’clock p.m.

Mr. C. LeBlanc, the Deputy Speaker, resumed the chair.


And the debate being ended, and the question being put that Bill 1,An Act to Amend the Insurance Act, be now read a third time, it wasresolved in the affirmative.

Accordingly, Bill 1, An Act to Amend the Insurance Act, was read athird time and passed.

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

2.30 o’clock p.m.


Her Honour, the Lieutenant-Governor, was announced, and havingbeen bidden to enter, took her seat in the chair upon the Throne.

Mr. Speaker addressed Her Honour as follows:


The Legislative Assembly of the Province of New Brunswick haspassed a Bill at the present sittings of the Legislature to which, in the


name and on behalf of the said Legislative Assembly, I respectfullyrequest Your Honour’s assent.

The Clerk Assistant then read the title of the Bill as follows:

Bill 1, An Act to Amend the Insurance Act.

Her Honour signified Her Assent as follows:

It is the Queen’s wish. La reine le veut.

To this Bill, Her Honour’s assent was announced by the Clerk of theLegislative Assembly in the following words:

In Her Majesty’s name, Her Honour the Lieutenant-Governorassents to this Bill, enacting the same and ordering it to be enrolled.

Her Honour then retired.

Mr. Speaker, at the request of Hon. Mr. Green, reverted to the Orderof Government Motions for the Ordering of the Business of theHouse.


RESOLVED, that when the Assembly adjourns at the end of thissitting day, it stand adjourned until Tuesday, March 30, 2004,provided always that if it appears to the satisfaction of Mr. Speaker,after consultation with the Government, that the public interestrequires that the House should meet at an earlier time during theadjournment, Mr. Speaker may give notice that he is so satisfied andin such notice shall state a time at which the House shall meet, andthereupon the House shall meet at the time so stated and shalltransact 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 illnessor other cause, either of the Deputy Speakers shall act in his stead forthe purpose of this order.


The following documents, having been deposited with the Clerk ofthe House, were deemed laid before the Table of the House, pursuantto Standing Rule 39:

Documents requested in Notice of Motion 10 August 6, 2003

December 9 59Journal of Assembly

Tuesday, December 9, 2003.1 o’clock p.m.

Prayers.

The Honourable the Premier offered the condolences of the Membersof the Legislative Assembly to the family of the late Joseph Charles(Charlie) Van Horne, veteran of World War II, ProgressiveConservative Member of Parliament for Restigouche-Madawaska(1955-1961), Leader of the Progressive Conservative Party of NewBrunswick (1966-1967), Member of the Legislative Assembly (1967-1974), and Minister of Tourism (1970-1972).

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

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

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

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

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

60 December 952 - 53 Elizabeth II, 2003 - 2004

Hon. Mr. Green, from the Standing Committee on Procedure, presentedthe First Report of the Committee which was read and is as follows:

Legislative Building.Fredericton, New Brunswick

December 9, 2003.

To The HonourableThe Legislative Assembly ofThe Province of New Brunswick.

Honourable Members:

I have the pleasure to present herewith the First Report of theStanding Committee on Procedure appointed July 30, 2003, byresolution of the Assembly.

Further to its permanent order of reference, the Committee held twomeetings, on November 28 and on December 3, 2003, andcommenced a review of the Standing Rules and practices of theLegislative Assembly. Your Committee’s Report contains severalrecommendations for changes and improvements to the StandingRules and practices of the House.

The Committee’s work will continue on various matters still understudy including a reform of the Supply procedure and a revision ofthe Standing Rules of the Legislative Assembly of New Brunswick to makethe Rules gender neutral.

I wish to thank the Members of the Committee and, on their behalf,to express the Committee’s appreciation to the Legislative staff whoassisted the Committee with its work.

Respectfully submitted on behalf of the Committee.

(Sgd.:) ______________________Hon. Brad Green, Chair.MLA, Fredericton South.

Ordered that the Report be received, that leave be granted, and theCommittee continued.

The full report of the Committee as presented follows:

Legislative Building.Fredericton, New Brunswick

December 9, 2003.



Honourable Members:

Your Standing Committee on Procedure begs leave to submit thistheir First Report. Your Committee was appointed by resolution ofthe House on July 30, 2003.

Pursuant to Standing Rule 99, the Clerk of the House convened ameeting of the Committee on August 7, 2003, and presided over theelection of a chair and vice-chair.

On motion of Mr. Betts, Hon. Mr. Green was elected chair of theCommittee and Hon. P. Robichaud was elected vice-chair.

Pursuant to the provisions of Standing Rule 92, all standing rules andpractices of the House, together with any matter referred by theSpeaker, stand permanently referred to the Standing Committee onProcedure.

In accordance with its permanent order of reference, the Committeeheld meetings on November 28, and December 3, 2003, and reviewedthe Standing Rules and practices of the House.

The current Standing Rules of the Legislative Assembly of New Brunswickwere adopted in 1986. Although minor amendments have been madeon several occasions to meet the pace of change and the needs ofMembers, the Rules remain essentially unchanged.

Your Committee set about its task by outlining a number ofprocedural issues of concern to the Members, including the Speaker.It is anticipated that the process of review and evaluation of theStanding Rules will extend past the present session. Nonetheless, yourCommittee has had an opportunity to complete its study on anumber of matters and is prepared to make certain recommendationsto the Assembly.

1. PAIRINGPairing is an arrangement whereby two Members on opposite sidesof the House agree to abstain from voting for a specified period oftime. The arrangement, which permits Members to be absent onother business, is worked out either by the respective Whips or bythe Members themselves. In this way, their votes are neutralized andthe relative strength of the parties in the House is maintained.

Several jurisdictions have provisions in the Standing Orders dealingwith paired Members.

In the Canadian House of Commons, Standing Order 44.1(1), whichwas adopted in 1991, provides for the establishment of a Register ofPaired Members which is kept at the Table. To indicate that they will


not take part in any recorded divisions held on a particular date,Members have their names entered together in the Register by theirrespective Whips. Independent Members sign in their own right. Thenames of Members having paired are printed in the Debates and inthe Journals immediately following the entry for any recordeddivision held on that day. The Standing Orders are silent on thequestion of a broken pair, which occurs when paired Members vote.Notwithstanding the newly formalized way of arranging pairs,House of Commons Speaker John Fraser noted in a 1992 ruling thatagreements to pair still are private arrangements between Membersand not matters in which House or the Speaker can intervene.(Debates, June 11, 1992, pp. 11789) Members who inadvertently votewhen paired must seek the unanimous consent of the House torescind their votes.

In the Legislative Assemblies of Ontario and New South Wales,Standing Orders provide for the pairing of Members by requiringthat the names of Members pairing on any division be recorded inthe division list, in the Votes and Proceedings, and in Hansard.

In New Brunswick, subrule 62(4) of the Standing Rules contemplatesthat a pairing arrangement may be entered into between Membersand, in such a case, requires that the names of the Members pairingbe printed in the Journals immediately following the entry of the“yeas” and “nays” on the recorded division for which the pairs weredeclared.

There are no further provisions in the Standing Rules of the LegislativeAssembly of New Brunswick to formalize an arrangement in which twomembers agree to pair.

Notwithstanding that there is no provision in the Standing Rules toformalize pair arrangements between Members, andnotwithstanding that pairing has no official standing and isconsidered a private arrangement between Members, yourCommittee agreed that there was a need to establish such a protocol.It was the view of the Committee that a pairing agreement betweentwo Members gives rise to a considerable moral and politicalobligation for the two Members to adhere to the agreement.

RecommendationYour Committee therefore recommends that the Clerk of the Housemaintain at the Table a Register of Paired Members in which anyMember of the Government party and any Member of an Oppositionparty may have their names entered together by their respectiveWhips or House Leaders, to indicate that they will not take part in


any recorded division held on the date inscribed on that page of theRegister; provided that independent Members of the Legislature maysign the Register in their own right.

Your Committee further recommends that a pairing agreement beconfirmed by the signature of the respective Whips or HouseLeaders.

2. ROUTINE PROCEEDINGSTo meet the needs of Members, your Committee is of the opinion thatan additional item of routine business entitled “Condolences andMessages of Sympathy” be added to the ordinary daily routine ofbusiness in the House. This item of business would not be called bythe Speaker unless the Speaker has received prior notice of aMember’s intention to present a message of condolence or sympathy.

Your Committee agreed that the item “Introduction of Guests andCongratulatory Messages” would become two separate items ofbusiness, “Introduction of Guests” and “Congratulatory Messages”with the latter being limited to 10 minutes. The change will make aclear distinction between these two items of business and providefurther guidance to the Speaker and Members.

RecommendationYour Committee therefore recommends for adoption the followingchanges to the Standing Rules:

Standing Rule 35 is amended by striking out the item of business“Introduction of Guests and Congratulatory Messages (10minutes).” and substituting the following:

Condolences and Messages of Sympathy (prior notice to Speaker).Introduction of Guests.Congratulatory Messages (10 minutes).

Your Committee further recommends that the Standing Rules beamended by adding after Standing Rule 35 the following:

35.1 The Speaker shall not call the item of routine business“Condolences and Messages of Sympathy” unless a Membershall have given prior notice to the Speaker of the Member’sintention to present a message of condolence or sympathy.

3. ORAL QUESTIONSThere are currently no time limits prescribed by the Standing Rules onthe length of questions from Members and the responses fromMinisters during the oral question period in the House.


The Standing Rules do, however, require an oral question and theanswer thereto to be concisely and clearly put. Over the past severaldecades, the practice that has evolved in the Legislature has resultedin unnecessarily lengthy questions and answers. A number ofjurisdictions place time limits on the length of the questions andanswers. To improve the efficiency of question period – whichfrequently the public views as the most important part of theparliamentary sitting day – and to allow more Members to askquestions, the Committee is of the opinion that time limits must beplaced on the length of the questions and answers.

Until very recently, if a Minister replied on a subsequent day to aquestion taken as notice, the Member who asked the question wasnot permitted a supplementary or follow-up question. During recentsessions of the House, the practice was relaxed to permit the Memberto ask the Minister a follow-up question and the Minister waspermitted to respond. The Committee agreed that the practice thathas developed in this regard should be codified in the Standing Rulesof the House.

RecommendationYour Committee therefore recommends for adoption the followingamendments to the Standing Rules:

Standing Rule 41 is amended by adding after subrule 41(3) thefollowing:

41(4) A Member asking a question shall speak for no more thansixty seconds. A Minister’s reply shall not exceed sixty seconds.

41(5) A Member asking a question shall be allowed twosupplementary questions on the same subject matter.41(6) If a Minister replies to a question taken as notice and answersit orally on a subsequent day, the Member who asked the questionshall be entitled to ask one supplementary question and theMinister shall be entitled to respond.

4. PRIVATE MEMBERS’ PUBLIC BUSINESSPrivate Members’ Motions, for which notices have been traditionallysubmitted early in a session, are debated each Tuesday and Thursday.

Presently, fewer than forty percent of all motions submitted byPrivate Members and placed on the Order and Notice Paper are everdebated in the House during a session.

The motions which are considered are often debated for severalmonths and the remaining motions are carried on the Order andNotice Paper for long periods of time, until the end of the session.


The consequence of this long delay is that the subject matter of thesemotions becomes obsolete and is thus no longer timely and topicalwhen the motions eventually come up for debate.

Consequently, the role of the Private Member as a spokesperson forthe Member’s constituents and for the people of New Brunswick issomewhat eroded in that Members are not given the opportunity tointroduce debate and influence issues of immediate and currentconcern to all.

Your Committee is of the opinion that the House should spend nomore than one hundred and twenty minutes on any item of PrivateMembers’ Public Business. It is also the view of your Committee thatthe motions that are to be considered during the days allotted for theconsideration of Private Members’ Public Business should alternatebetween Opposition and Government Members to allow all PrivateMembers the opportunity to debate issues of concern.

RecommendationYour Committee therefore recommends for adoption the followingamendments to the Standing Rules:

Standing Rule 44 is amended by striking out subrule 44(2) andsubstituting the following:

44(2) The proposer of an item of Private Members’ Public Businessmay speak for up to twenty minutes, and all other Members up tofifteen minutes. The proposer when speaking in reply shall notspeak for more than ten minutes.

44(2.1) An item of Private Members’ Public Business shall bedebated for not more than one hundred and twenty minutes.

44(2.2) At the expiration of one hundred and ten minutes of the timeallocated for the consideration of a Private Member’s motion undersubrule (2.1), the Speaker shall interrupt proceedings and recognizethe mover of the motion to close the debate.

44(2.3) At the expiration of the time allocated for the considerationof a Private Member’s motion under subrule (2.1), the Speaker shallinterrupt proceedings and forthwith put the question, if the debatehas not concluded by that time.

44(2.4) The order of consideration of items of Private Members’Public Business shall be determined by the order in which suchitems have been presented in the House and in the application ofthis subrule, the rotation described in subrule (2.5) shall beobserved.


44(2.5) Items of Private Members’ Public Business shall beconsidered according to the following rotation:

(a) two items introduced by Members of the recognized partyforming the Official Opposition;

(b) one item introduced by Members of the recognized partyforming the Government;

(c) two items introduced by Members of the recognized partyforming the Official Opposition ;

(d) one item introduced by Members of the party having thethird largest membership in the House;

(e) one item introduced by Members of the recognized partyforming the Official Opposition;

(f) one item introduced by Members of the recognized partyforming the Government.

44(2.6) A motion for returns (tabling motion) shall not be consideredas an item of Private Members’ Public Business for the purpose ofthe rotation described in subrule (2.5) unless the motion for returnsis debated.

5. VOTING IN COMMITTEE OF THE WHOLE HOUSECurrently, several jurisdictions allow the chair of a committee to havea deliberative vote like any other Member of the Committee. In theCanadian House of Commons, the chair of the Private BillsCommittee has a deliberative vote and a casting vote. Their StandingOrder 141(3) states:

Voting in committee. Chairman votes.

141 (3) All questions before committees on private bills are decided by amajority of voices including the voice of the Chairman; and whenever thevoices are equal, the Chairman has a second or casting vote. [CHAPTERXV, PRIVATE BILLS]

In Quebec, a provision of the Standing Orders allows the chair of allcommittees, except the committees of the Whole House, to have adeliberative vote, like any other Member. In the event of a tie incommittee, the motion under consideration is deemed lost (otherthan in the Committees of the Whole House where the chair has acasting vote). Standing Order 138 states:

138. Duties and powers of chairman – The chairman shall organize anddirect the proceedings of is committee and take part in its deliberationsand he shall be entitled to vote.

The above provision of the Standing Orders does not extend to thechairs of the Committees of the Whole House.


In the Nova Scotia House of Assembly, Standing Rule 61(1)gives tothe chair of all committees, a deliberative vote and a second orcasting vote in the event of a tie. Their Standing Order 61(1) states asfollows:

Voting in Committees

61 (1) All Questions before Committees shall be decided by a majority ofvoices, including the voice of the Chairman, and whenever the voices areequal the Chairman shall have a second or casting vote. 1955 R. 53 am.;1980 R. 61(1).

The above provision of the Standing Rules applies to the Chair of allCommittees, including the Chair of the Committees of the WholeHouse.

RecommendationYour Committee therefore recommends for adoption the followingamendment to the Standing Rules:

Standing Rule 81 is repealed and the following substitutedtherefore:

81 The Chair of the Committees of the Whole House shall not takepart in any debate in the Committees of the Whole House but theChair shall be entitled to vote. In the event of an equality of votesupon a division in the Committees of the Whole House, the Chairshall cast a second or deciding vote.

The foregoing recommendations for amendments to the StandingRules of the Legislative Assembly are considered by your Committeeto be improvements to meet the needs of Members, and to improvethe efficiency and the orderly flow of the business in the House. It is,however, the intention of the Committee to continue meeting tomonitor these changes, if the Assembly sees fit to adopt them, andalso to carry on its consideration of other matters still at the studystage.

All of which is respectfully submitted on behalf of the Committee.

(Sgd.:) ______________________Hon. Brad Green, Chair.

M.L.A., Fredericton South.

Pursuant to subsection 16(2) of the Auditor General Act, Mr. Speakerlaid upon the table of the House the Auditor’s Report on the Accounts ofthe Office of the Auditor General of the Province of New Brunswick for theFiscal Year ended 31 March 2003.


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

The following Bills were introduced and read the first time:

By Hon. Mrs. Blaney,Bill 8, An Act to Amend the Employment Standards Act.

By Hon. Mr. Volpé,

Bill 9, An Act to Amend the Municipal Assistance Act.Bill 10, An Act Respecting the Real Property Tax on University

Property.Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act.Bill 12, An Act to Amend the Tobacco Tax Act.

By Hon. E. Robichaud,Bill 13, An Act Respecting Mental Health and Public Health Services.Bill 14, An Act to Amend the Mental Health Act.

By Hon. Mrs. Blaney,Bill 15, An Act to Amend An Act to Amend the Occupational Health

and Safety Act.

By Hon. Mr. Green,Bill 16, An Act to Amend the Provincial Court Act.

By Hon. Mr. Ashfield,Bill 17, An Act to Amend the Crown Lands and Forest Act.Bill 18, An Act to Amend the Fish and Wildlife Act.

By Hon. Mr. Mockler,Bill 19, An Act to Amend the Order of New Brunswick Act.Bill 20, An Act Respecting Administrative Matters in Various

Corporate Acts.

By Hon. Mr. Huntjens,Bill 21, An Act to Amend the Family Services Act.

By Hon. Ms. Dubé,Bill 22, An Act to Amend the Education Act.

By Hon. Mr. Lord,Bill 23, An Act to Amend the Executive Council Act.

By Ms. Weir,Bill 24, An Act to Amend the Human Rights Act.



Mr. Allaby gave Notice of Motion 34 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Armstrong:

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

Mr. S. Graham gave Notice of Motion 35 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Haché:WHEREAS in the document entitled Prosperity Plan 2002-2012, thePremier and his Party identify balanced budget as a way to create acompetitive fiscal and business environment; andWHEREAS the document entitled Reaching Higher, Going Further,2003-2007 identified the current Conservative Government’s top 5priorities to include a balanced budget over the next four years; andWHEREAS the Dominion Bond Rating Service has stated that in2002-2003 the province recorded the first deficit in eight years;BE IT RESOLVED that the Legislative Assembly urge theGovernment to bring forward a balanced budget for the current2003-2004 fiscal year.BE IT FURTHER RESOLVED that the Legislative Assembly urge theGovernment to bring forward a balanced budget for the 2004-2005fiscal year.

Mr. S. Graham gave Notice of Motion 36 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Ouellette:WHEREAS the provincial government started the process ofreforming local governance in 1999; andWHEREAS many committees have studied local governance in NewBrunswick and many reports have been tabled since the beginning ofthe local governance reform process; andWHEREAS a decision has still not been made by the Provinceregarding local governance reform; and


WHEREAS all 103 municipalities have unanimously endorsed a newfunding model; and

WHEREAS the provincial government has turned down themunicipalities’ proposal and has introduced an initiative thatconstitutes an interim measure and does not resolve the municipalfunding problem; and

WHEREAS the interim measure introduced by government will leadto a decrease in funding for municipalities;

BE IT THEREFORE RESOLVED that this Legislature urge theProvincial government to commit to stable municipal funding andthe implementation of a new fiscal partnership with themunicipalities within the upcoming year.

Mr. MacIntyre gave Notice of Motion 37 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Kennedy:

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

Mr. Landry gave Notice of Motion 38 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Paulin:

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

Mr. Haché gave Notice of Motion 39 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Kenny:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents, correspondence, e-mails, reports in regard to


the 5% spending cuts announced on July 15, 2003, by the Minister ofFinance and their subsequent impact on the Department of BusinessNew Brunswick.

Mr. Armstrong gave Notice of Motion 40 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Albert:

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

Ms. Robichaud gave Notice of Motion 41 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Boudreau:

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

Mr. Albert gave Notice of Motion 42 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Doucet:

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

Mr. Jamieson gave Notice of Motion 43 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Ouellette:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents, correspondence, e-mails, reports in regard to


the 5% spending cuts announced on July 15, 2003, by the Minister ofFinance and their subsequent impact on the Department ofEnvironment and Local Government.

Mr. Lamrock gave Notice of Motion 44 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Allaby:

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

Mr. McGinley gave Notice of Motion 45 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Branch:

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

Hon. Mr. Volpé gave Notice of Motion 46 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by the Honourable the Premier:

That this House approves in general the capital budgetary policy ofthe government.

With leave of the House, Hon. Mr. Lord moved, seconded by theLeader of the Opposition: (Motion 47)

WHEREAS the term of Ellen King as acting Ombudsman will expireon January 2, 2004.THEREFORE BE IT RESOLVED that this House confirms inaccordance with subsection 4(3) of the Ombudsman Act andrecommends to the Lieutenant-Governor in Council undersubsection 2(1) of the Ombudsman Act that Bernard Richard beappointed Ombudsman effective January 3, 2004, for a term of tenyears.


BE IT FURTHER RESOLVED that this House express its appreciationand gratitude to Ellen Elizabeth King for her over 10 years ofprofessional and dedicated service to the Legislature and the peopleof New Brunswick as Ombudsman.

And the question being put, Motion 47 was resolved in theaffirmative.

With leave of the House, Hon. Mr. Green moved the followingresolution, seconded by Hon. P. Robichaud: (Motion 48)

THAT the recommendations contained in the First Report of theStanding Committee on Procedure be concurred in by the House.And the question being put, a debate ensued.

And after some time Mr. Lamrock, seconded by Mr. Targett, moved inamendment:

AMENDMENT

THAT this Motion be amended by adding the following phrase afterthe word “Procedure”.

“, except for any and all recommendations amending Standing Rule81”

Mr. Speaker interrupted the proceedings and reminded all Membersthat they are not permitted to speak in the House until they are firstrecognized by the chair and cautioned Members against abusing theprivilege of raising points of order.


And after some time, Hon. Mr. Green rose on a point of order tocomplain that Mr. Murphy’s remarks were not relevant to the matterunder debate.

Mr. Speaker asked the Member for Moncton North to keep hisremarks relevant to the amendment under consideration.

At 6 o’clock p.m., Mr. Speaker interrupted proceedings and advisedthat the time for daily adjournment had arrived.



The following documents, having been deposited with the Clerk ofthe House, were laid upon the Table of the House, pursuant toStanding Rule 39:

REPORTS/DOCUMENTSFILED IN CLERK’S OFFICEAnnual Report, 2002 Beaverbrook Art Gallery August 12, 2003Annual Report,

Atlantic Lottery Corporation 2003 August 18, 2003Annual Report,

New Brunswick Liquor Corporation August 29, 2003Annual Report, New Brunswick

Human Rights Commission 2002-03 September 12, 2003Annual Report and Financial Statements

of Algonquin Properties Limited andAlgonquin Golf Limited September 19, 2003

Annual Report, Le Centre communautaireSainte-Anne 2002-2003 September 22, 2003

Annual Report,Service New Brunswick 2002-2003 September 30, 2003

Annual Report, Youth Councilof New Brunswick 2001-2002 October 3, 2003

Annual Report,Office of Human Resources 2002-2003 October 15, 2003

Annual Report, Department ofNatural Resources and Energy 2002-2003 October 17, 2003

Annual Report, Legislative Activities 2002 October 20, 2003Annual Report, Department of

Intergovernmental Affairs 2002-2003 October 23, 2003Annual Report,

Department of Public Safety 2002-2003 October 27, 2003Annual Report,

Department of Transportation 2002-2003 October 30, 2003Annual Report,

Office of the Comptroller 2002-2003 November 3, 2003Annual Report, Department of

Tourism and Parks 2002-2003 November 14, 2003Annual Report, Department of Training

and Employment Development 2002-2003 November 21, 2003Annual Report,

Department of Finance 2002-2003 November 21, 2003


Annual Report,New Brunswick Board of Commissioners

of Public Utilities December 2, 2003Annual Report, Kings Landing

(April 1, 2002 to March 31, 2003) December 2, 2003Annual Report, Culture and

Sport Secretariat 2002-2003 December 5, 2003Annual Report, Department of

Supply and Services 2002-2003 December 5, 2003

OTHERSAir Quality Monitoring Results

in New Brunswick for the year 2001- Environmental Reporting Series September 3, 2003

Consultation Paper onPublic Auto Insurance in New Brunswick September 23, 2003

Directory - New BrunswickForestry Sector Group September 22, 2003

NB Investment ManagementCorporation 2002-2003 September 30, 2003

Financial Statements for the fiscal yearended 31 March 2003 November 21, 2003

Workplace Health, Safety andCompensation Commission- Report to Stakeholders 2002 October 3, 2003

Workplace Health, Safety andCompensation Commission- Worker’s Compensation:A guide for New Brunswick Workers October 3, 2003

Annual Report of Municipal Statisticsfor New Brunswick 2003 October 10, 2003

Annual Report, Research andProductivity Council 2002-2003 October 17, 2003

Annual Report, Premier’s Council on theStatus of Disabled Persons 2002-2003 October 17, 2003

The New Brunswick Tire Stewardship BoardAnnual Report 2002Management Plan 2003-2004 October 27, 2003

Annual Report, New Brunswick HighwayCorporation October 27, 2003

Public Disclosure Statements filed pursuantto subsection 20(7) of the Members’Conflict of Interest Act October 29, 2003


Annual Report, Youth Council ofNew Brunswick 2002-2003 October 31, 2003

Annual Report, RCMP “J” Division 2002/03Annual Report November 3, 2003

A Report by the Minister of Financeon Members’ Expenses, pursuant tosection 30(3) of the Legislative Assembly Act November 13, 2003

Labour and Employment Board 2002-2003 November 17, 2003Financial Statements for the fiscal year ended

31 March 2003 November 21, 2003Lotteries Commission of

New Brunswick 2002-2003 November 26, 2003Report of the Chief Electoral Officer

- Thirty-fifth General Election-June 9, 2003 December 8, 2003Documents requested in Notice of Motion 12 August 8, 2003Documents requested in

Notices of Motions 14 and 16 August 13, 2003Documents requested in Notice of Motion 28 August 18, 2003Documents requested in Notice of Motion 17 August 19, 2003Documents requested in Notice of Motion 32 September 11, 2003


Wednesday, December 10, 2003.10 o’clock a.m.

Prayers.During Introduction of Guests and Congratulatory Messages,Mr. Speaker interrupted proceedings and reminded Members thatthis item of business should not be used for political argument ordebate.

Mr. Targett gave Notice of Motion 49 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Brewer:

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

Mr. Burke gave Notice of Motion 50 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Lamrock:

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

Mr. Murphy gave Notice of Motion 51 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Kennedy:

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

Mr. Kenny gave Notice of Motion 52 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. LeBlanc:


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

Mr. Arseneault gave Notice of Motion 53 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Paulin:

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

Mr. Arseneault gave Notice of Motion 54 that on Tuesday,December 16, 2003, he would move the following resolution,seconded by Mr. Branch:

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

Mr. Brewer gave Notice of Motion 55 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Murphy:

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

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


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

Mr. Paulin gave Notice of Motion 57 that on Tuesday, December 16,2003, he would move the following resolution, seconded byMr. Arseneault:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all revenues and expenditures for Larry’s Gulch fishing lodgefor the 2002-03 fiscal year.

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

The order being read for second reading of Bill 8, An Act to Amend theEmployment Standards Act, a debate arose thereon.

And the debate being ended, and the question being put that Bill 8be now read a second time, it was resolved in the affirmative.

Accordingly, Bill 8, An Act to Amend the Employment Standards Act, wasread a second time and ordered referred to the Committee of theWhole House.


The order being read for second reading of Bill 9, An Act to Amend theMunicipal Assistance Act, a debate arose thereon.


Ms. Weir rose on a point of order and expressed concern that thewoman who had chained herself to the Legislature earlier during theday had been charged after her removal and submitted that thismatter did not warrant charges, given the tradition of peacefulprotesting in New Brunswick.

Mr. Deputy Speaker ruled that the issue was not a point of order buta concern and informed the House that the Office of the Speaker hadresponsibility for security within the precincts.

Mr. Deputy Speaker informed the House that the appropriateauthorities had been called to handle the matter and that the Speakerwould express his concerns and those of the Assembly regarding theappropriate course of action that should be taken to resolve thematter.

At 12.30 o’clock p.m., Mr. Deputy Speaker left the chair to resumeagain at 2 o’clock p.m.

2 o’clock p.m.

Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker.

Debate resumed on the motion for second reading of Bill 9, An Actto Amend the Municipal Assistance Act.

Hon. Mr. Green rose on a point of order and submitted that theMember for Saint John Champlain should direct his commentsthrough the chair. Mr. Deputy Speaker ruled the point well taken.

Hon. Ms. Fowlie rose on a point of order and submitted that theMember for Moncton North was referring to a Minister in anunparliamentary manner. Mr. Deputy Speaker cautioned Membersagainst making personal attacks.


And after some further time, due to the unavoidable absence ofMr. Speaker, Mr. LeBlanc, the Deputy Speaker, took the chair asActing Speaker.






Report of the Auditor Generalof New Brunswick - Volume 1 - 2003 December 9, 2003

Report of the Auditor Generalof New Brunswick - Highlights- Volume 1 - 2003 December 9, 2003


Thursday, December 11, 2003.1 o’clock p.m.

Prayers.Mr. Speaker welcomed to the Assembly the Speaker of the House ofAssembly of Newfoundland and Labrador, Hon. Harvey Hodder,M.H.A. for Waterford Valley District; Deputy Speaker RogerFitzgerald, M.H.A. for Bonavista South; and A. John Noel, Q.C.,Clerk of the House.

Ms. Weir, the Member for Saint John Harbour, laid upon the table ofthe House a petition signed by New Brunswick citizens who opposethe granting of a permit to Bennett Environmental New BrunswickInc. for the construction and operation of an incinerator to burn toxicmaterial and who urge the Minister to order an independentenvironmental assessment of this project as well as publicconsultation with the residents of the Chaleur Bay region.(Petition 10)

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

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

Mr. Albert, the Member for Caraquet, laid upon the table of theHouse a petition signed by citizens of the Beresford, Petit-Rocher andPoint-Vert area who say no to the installation of an incinerator toburn toxic material; no to importing toxic waste from the UnitedStates; yes to protecting our health and that of our children; yes to ahealthy northern New Brunswick; yes to an independentenvironmental impact assessment, and who urge the government totake action. (Petition 13)


During Routine Proceedings, Mr. Speaker interrupted theproceedings and advised the visitors in the gallery that they are notpermitted to take part in debate.

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

Mr. S. Graham gave Notice of Motion 58 that on Thursday,December 18, 2003, he would move the following resolution,seconded by Mr. Brewer:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents, correspondence, e-mails, reports in regard toestimates of the additional tax revenue–by tax brackets–that will becollected as a result of the income tax measure requiring anamendment to the Income Tax Act announced by the Department ofFinance on November 11, 2003.

Hon. Mr. Green moved the following resolution, seconded byHon. P. Robichaud: (Motion 59)

RESOLVED, that the membership of the Legislative AdministrationCommittee be amended by substituting the name of Mr. Branch forMr. Richard;

That the membership of the Standing Committee on Procedure beamended by substituting the name of Mr. Lamrock for Mr. Richard;

That the membership of the Standing Committee on Public Accountsbe amended by substituting the name of Mr. Allaby for Mr. Richard;

That the membership of the Select Committee on Public AutomobileInsurance be amended by substituting the name of Mr. Lamrock forMr. Richard;

That the membership of the Standing Committee on CrownCorporations be amended by substituting the name of Mr. MacIntyrefor Mr. Allaby.

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

Hon. Mr. Green announced that it was the intention of thegovernment that the House resume the adjourned debate on themotion that Bill 9, An Act to Amend the Municipal Assistance Act, be


now read a second time, following which, the House would proceedwith second reading of remaining Bills and Private Members’Motions.

The House resumed the adjourned debate on the motion that Bill 9,An Act to Amend the Municipal Assistance Act, be now read a secondtime.

And after some time, due to the unavoidable absence of Mr. Speaker,Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.

Hon. Mr. Green rose on a point of order and requested that theMember for Kings East withdraw the term “deceitful” which he did.

Hon. Mr. Steeves rose on a point of order and submitted that theMember for Saint John Lancaster was inappropriately referring to aMember by name and not by constituency. Mr. Deputy Speaker ruledthe point well taken.

And after some time, Mr. Holder, the Deputy Speaker took the chairas Acting Speaker.

Mr. Paulin rose on a point of order and submitted that the Memberfor Oromocto-Gagetown was not speaking to the principal of the Billunder consideration. Mr. Deputy Speaker reminded all Members thatdebate should be directed to the principal of Bill 9.





Friday, December 12, 2003.

10 o’clock a.m.

Prayers.

Hon. Mr. Green, Minister of Justice, recognized the significantcontribution to the development of the University of New Brunswickand to the educational system in Canada and abroad of the lateDr. Colin B. MacKay, O.C., a naval veteran of WWII, president (1953-1969) and president emeritus (1979-2003) of the University of NewBrunswick.

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

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

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

Following Statements by Members Mr. Lamrock stood on a point oforder and sought clarification on the guidelines for makingMembers’ Statements since it was his understanding that rulings ofthis House and other jurisdictions made it clear that Members’Statements were not to be used to make personal attacks againstother Members.

Mr. Speaker stated that he would take the matter under advisement.

During Oral Questions, Mr. Speaker cautioned Members againsttaking parting shots at a Minister who had responded to a previousquestion.

Mr. S. Graham raised a point of order that the Honourable thePremier had used the Order of Congratulatory Messages to criticize.


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

Following Oral Questions, Mr. Lamrock stood on a point of orderand maintained that Ministers were responsible for theirdepartments and that it was improper for a Minister to answer aquestion by stating that the Minister was relying on the advice ofdepartmental staff.

Mr. Speaker ruled that Ministers are not obliged to answer questions;they may take questions under advisement or they may choose notto answer.

It was agreed by unanimous consent to continue sitting through thenoon recess and to adjourn at 4.30 o’clock p.m.

With leave of the House, Hon. Mr. Green moved, seconded byMr. MacDonald:

THAT by order of the House pursuant to Standing Rule 97, the SelectCommittee on Wood Supply be empowered to sit concurrently withthe House on Wednesday, December 17, 2003, in the LegislativeCouncil Chamber of the Legislative Assembly in order to conductpublic hearings and such other business as the Committee deemsnecessary.


Hon. Mr. Green advised that it was the intention of the governmentthat the House resume the adjourned debate on the motion that Bill9, An Act to Amend the Municipal Assistance Act, be now read a secondtime, following which, the House would continue with secondreading of Bills 10 through 24.

The House resumed the adjourned debate on the motion that Bill 9,An Act to Amend the Municipal Assistance Act, be now read a second time.

And after some time, Mr. Speaker called Mr. McGinley, the Memberfor Grand Lake, to order and advised that it was improper to refer tothe presence of absence of Members from the House.

Mr. Branch stood on a point of privilege, pursuant to Standing Rule49 c) and claimed that the Member for Kent South had implied thatthe Member for Nepisiguit was part of a protest in Saint-Sauveur in1997.


Mr. Williams spoke to the point of order and maintained that he didnot imply that the Member for Nepisiguit was part of thegovernment during the period the protest took place.

Mr. Speaker briefly addressed the point of order and advised that hewould deliver a more detailed ruling on Tuesday next.

Mr. Lamrock stood on a point of order and took exception toallegations made by the Member for Oromocto-Gagetown againstthe Member for York.

Mr. Speaker took the matter under advisement.


And the debate being ended, and the question being put that Bill 9,An Act to Amend the Municipal Assistance Act, be now read a secondtime, the motion was carried on the following recorded division:

YEAS - 26

Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Mr. Steeves Mr. MalleyHon. Mr. Mesheau Hon. Ms. Dubé Mr. WilliamsHon. Mr. Volpé Hon. Ms. Poirier Mr. CarrHon. Mr. Lord Hon. Mr. Ashfield Mr. MacDonaldHon. Mr. Green Hon. Mr. Fitch Mr. StilesHon. D. Graham Hon. Ms. Fowlie Mr. HolderHon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlancHon. Ms. MacAlpine Hon. Mr. Alward

NAYS - 25

Mr. McGinley Ms. Weir Mr. ArseneaultMr. Jamieson Mr. Ouellette Mr. ForanMr. MacIntyre Ms. Robichaud Mr. AlbertMr. Allaby Mr. Lamrock Mr. A. LeBlancMr. S. Graham Mr. Targett Mr. PaulinMr. Haché Mr. Burke Mr. DoucetMr. Armstrong Mr. Murphy Mr. BoudreauMr. Landry Mr. Kenny Mr. BrewerMr. Branch

Accordingly, Bill 9, An Act to Amend the Municipal Assistance Act, wasread a second time and referred to the Committee of the WholeHouse.


The order being read for second reading of Bill 10, An Act Respectingthe Real Property Tax on University Property, a debate arose thereon.

And the debate being ended and the question being put that Bill 10be now read a second time, it was resolved in the affirmative.

Accordingly, Bill 10, An Act Respecting the Real Property Tax onUniversity Property, was read a second time and ordered referred tothe Committee of the Whole House.

The order being read for second reading of Bill 11, An Act to Amendthe Gasoline and Motive Fuel Tax Act, a debate arose thereon.


Hon. Mr. Green rose on a point of order and submitted that it wasimproper for the Member for Nepisiguit to be using props in theHouse. Mr. Holder, the Deputy Speaker, ruled the point well taken.

Mr. Stiles rose on a point of order and submitted that the Member forNepisiguit was imputing false or unavowed motives to the Ministerof Transportation. Mr. Lamrock spoke to the point of order.

Mr. Holder, the Deputy Speaker, ruled that the matter involved adispute over fact and that it was not the role of the Speaker to resolvedisputes of fact and to determine which version of facts presented tothe House was correct.


Accordingly, Bill 11, An Act to Amend the Gasoline and Motive Fuel TaxAct, was read a second time and ordered referred to the Committeeof the Whole House.

The following Bill was read a second time and ordered referred tothe Committee of the Whole House:

Bill 12, An Act to Amend the Tobacco Tax Act.

The order being read for second reading of Bill 13, An Act RespectingMental Health and Public Health Services, a debate arose thereon.




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


Bill 14, An Act to Amend the Mental Health Act.

The order being read for second reading of Bill 15, An Act to AmendAn Act to Amend the Occupational Health and Safety Act, a debate arosethereon.


Accordingly, Bill 15, An Act to Amend An Act to Amend the OccupationalHealth and Safety Act, was read a second time and ordered referred tothe Committee of the Whole House.

The order being read for second reading of Bill 16, An Act to Amendthe Provincial Court Act, a debate arose thereon.


Accordingly, Bill 16, An Act to Amend the Provincial Court Act, was reada second time and ordered referred to the Committee of the WholeHouse.

The order being read for second reading of Bill 17, An Act to Amendthe Crown Lands and Forests Act, a debate arose thereon.

And after some time, the debate was, on motion ofHon. Mr. Ashfield, adjourned over.

The order being read for second reading of Bill 18, An Act to Amendthe Fish and Wildlife Act, a debate arose thereon.

And after some time, the debate was, on motion ofHon. Mr. Ashfield, adjourned over.

The following Bills were read a second time and ordered referred tothe Committee of the Whole House:


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

Acts.

The order being read for second reading of Bill 21, An Act to Amendthe Family Services Act, a debate arose thereon.

And the debate being ended and the question being put thatBill 21 be now read a second time, it was resolved in the affirmative.

Accordingly, Bill 21, An Act to Amend the Family Services Act, was reada second time and ordered referred to the Committee of the WholeHouse.

And then, at 4.35 o’clock p.m., the House adjourned.


Tuesday, December 16, 2003.

1 o’clock p.m.

Prayers.

Mr. Speaker delivered the following ruling:

STATEMENT BY SPEAKER

Before beginning with proceedings of the day, I would like toaddress two points of order raised Friday last with regard tocomments made during statements by members.

The first point of order was raised by the member for Fredericton-Fort Nashwaak. In seeking clarification on the guidelines for makingmembers’ statements, the member stated it was his understandingthat rulings of this House and other jurisdictions made it clear thatmembers’ statements were not to be used for personal attacks againstother members.

The Standing Rules provide little, if any, guidance to members formaking Members’ Statements. Guidelines for members’ statementshave been established by practices and precedents of this House.

I refer members to a relevant ruling made by former Speaker Branchgiven in this House on April 18, 1989, and I quote from pages 833-834of the Journal of Debates (Hansard):

Standing Rule 40 .1 gives Members of the Legislative Assembly anopportunity to make statements about any subject of interest or concern.These statements are made daily in a 10-minute period followingStatements by Ministers. Each statement is limited to 90 seconds.Although the Standing Rules give little guidance concerning the content ofthese brief speeches, the Chair has counseled that remarks should bedirected to matters of concern; that personal attacks or congratulations arenot appropriate.

The Speaker may rule out of order any such personal attacks, attempts tomove motions by unanimous consent, congratulatory messages, recitationsof poetry or clearly frivolous issues.

The decision is consistent with the practice in other jurisdictions andlays down the guidelines for making Members’ Statements.Members’ Statements allow members to put on the public recordissues of concern to them or their constituencies. Members’Statements are not to be used for making personal attacks againstother members.


In reviewing the transcripts of Members’ Statements for last Friday, itis clear that the guidelines, set down in 1989 and followed bysuccessive Speakers, have not been respected.

The Chair seeks the cooperation of all honourable members inabiding by these guidelines. It is my intention to be more forceful inthe future to ensure that they are respected.

I would now like to deal with the second point of order raised by theMember for Fredericton-Fort Nashwaak. In speaking to his point oforder, the member for Fredericton-Fort Nashwaak took exception toan allegation made by the member for Oromocto-Gagetown that amember of this House was in conflict of interest.

I have reviewed the transcript of the allegation in question and giventhat there is a reference immediately following to the member forYork and given earlier statements made on the day in question, theclear inference is that the conflict of interest allegation was againstthe member for York. The fact that this allegation was made duringthe debate on second reading of Bill 9 demonstrates the liberties thatmembers have taken in debates in this House.

More importantly, members are aware, I am sure, that there aremechanisms in legislation for dealing with conflict of interestmatters. Members should take special care not to refer to suchmatters in the House.

While I am on my feet, I would also like to address the question ofpersonal privilege raised Friday last by the member for Nepisiguit inresponse to a Member’s Statement made by the member for KentSouth.

In speaking on the matter, which I find is more appropriately dealtwith as a point of order, the member for Nepisiguit cited StandingRule 49 and claimed that the member for Kent South had impliedthat the member for Nepisiguit was part of a protest in Saint Sauveurin 1997.

However, in response, the member for Kent South maintained thathe did not in any way imply that the member for Nepisiguit was partof the government during the period the protest took place.

I have reviewed the member’s statement and it is not entirely clear tome that there has been a transgression of Standing Rule 49 whichrequires the Speaker to call to order a member who imputes false orunavowed motives to another member. Needless to say, this issuewould not have arisen if the period reserved for Member’sStatements had been used for the purpose for which it was intended.


I would like to put all members on notice that I will be payingparticular attention to this item of business and will call to ordermembers who persist in ignoring the guidelines that have beenestablished by precedents of this House and which will be enforcedstrictly in future.

I thank you for your attention and for your anticipated cooperation.

Immediately following the ruling delivered by Mr. Speaker, theMembers for Oromocto-Gagetown and Kent South offered apologiesif their remarks on the previous sitting day had offended otherMembers.

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

Ms. Weir rose on a point of order and requested that Mr. Speakerinquire whether any of the protesters outside of the Legislature hadbeen unfairly denied access to the gallery. Mr. Speaker stated hewould take the matter under advisement.

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

Mr. Boudreau, the Member for Campbellton, laid upon the table ofthe House a petition on behalf of teachers in the CommunityAcademic Services Programs in New Brunswick, who state thatliteracy should be the responsibility of a single department; thatLiteracy New Brunswick Inc. be eliminated; and who request newfacilities for the Community Academic Services Program and thefollowing: pay equity; benefits; better terms of salary payment;appropriate working conditions; and infrastructure that promoteslearning and adult development. (Petition 16)



By Mr. S. Graham,Bill 25, An Act to Amend the Legislative Assembly Act.

By Ms. Weir,Bill 26, An Act to Amend the Regional Health Authorities Act.


Hon. Mr. Volpé, Minister of Finance, delivered to Mr. Speaker aMessage from His Honour, the Lieutenant-Governor, and the saidMessage was read by Mr. Speaker, all the Members standing, and isas follows:

Fredericton, N.B.December 16, 2003.

His Honour the Lieutenant-Governor transmits the SupplementaryEstimates 2002-2003 Volume II of the sums required for the servicesof the province, not otherwise provided for, for the year endingMarch 31, 2003, and the Supplementary Estimates 2003-2004 Volume Iof the sums required for the services of the province, not otherwiseprovided for, for the year ending March 31, 2004, and in accordancewith the provisions of the Constitution Act, 1867, recommends theseEstimates to the House.

(Sgd.:) Herménégilde Chiasson. Lieutenant-Governor.

Hon. Mr. Green moved, seconded by the Honourable the Premier:

THAT the Message from His Honour the Lieutenant-Governor,together with the Supplementary Estimates 2002-2003 Volume II andSupplementary Estimates 2003-2004 Volume I accompanying the same,be referred to the Committee of Supply.


Hon. Mr. Volpé, Minister of Finance, delivered to Mr. Speaker aMessage from His Honour the Lieutenant-Governor, and the saidMessage was read by Mr. Speaker, all the Members standing, and isas follows:


Fredericton, N.B.December 16, 2003.

The Lieutenant-Governor transmits the Capital Estimates for theyear ending March 31, 2005, required for the services of the province,not otherwise provided for, for the year ending March 31, 2005, andin accordance with the provisions of the Constitution Act, 1867,recommends these estimates to the House.


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

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

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

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


Bill 23, An Act to Amend the Executive Council Act.

The Order being read for second reading of Bill 24, An Act to Amendthe Human Rights Act, a debate arose thereon.




Accordingly, Bill 24, An Act to Amend the Human Rights Act, was read asecond time and ordered referred to the Committee of the WholeHouse.

Pursuant to Notice of Motion 46, Hon. Mr. Volpé moved, secondedby Hon. Mr. Lord,

THAT this House approves in general the capital budgetary policy ofthe government.

And the question being put, Hon. Mr. Volpé proceeded to deliver thecapital budget speech.

And the debate being ended and the question being put,Motion 46 was carried.

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

The House, according to Order, resolved itself into a Committee ofSupply with Mr. C. LeBlanc, in the chair.

And after some time spent therein, Mr. Speaker resumed the chairand Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports reported that theCommittee proceeding in the matter under consideration, hadpassed 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 itsreport and agrees in its resolution that Supply be granted to HerMajesty.



Hon. Mr. Green, after requesting that Mr. Speaker revert toGovernment 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 addedto the Orders of the Day until such time as they are dispatched.


The House, according to Order, resolved itself into a Committee ofSupply with Mr. C. LeBlanc in the chair.

And after some time, Hon. E. Robichaud rose on a point of order andsubmitted that the questions by the Leader of the Opposition werenot related to the estimates under consideration.

The Chairman reminded Members that wide latitude is granted to allMembers posing questions in Committee of Supply.

And after some further time, Hon. Mr. Lord rose on a point of orderand submitted that the questions being asked of the Minister ofFinance were repetitious and not relevant to the debate.

The Chairman stated that traditionally during Committee of Supplythere are no limits on the number of questions that can be asked northe length of responses as long as the debate is relevant to thediscussion and not repetitious. The Chairman cautioned Members toabide by these principles and ruled that there had been repetitionand that the same question had been asked of the Minister on severaloccasions.

And after some further time spent therein, Mr. Speaker resumed thechair and Mr. C. LeBlanc, the Chairman, after requesting thatMr. Speaker revert to Presentations of Committee Reports, reportedthat the Committee had had under consideration the mattersreferred to them, had made some progress therein, and asked leaveto sit again.

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



Wednesday, December 17, 2003.10 o’clock a.m.

Prayers.

Hon. Mr. Lord offered condolences to the family of the late RightHonourable Robert L. Stanfield, P.C., Premier of Nova Scotia (1956-1967), Leader of the Opposition in the House of Commons, andLeader of the Progressive Conservative Party of Canada (1967-1975).

Mr. S. Graham gave Notice of Motion 60 that on Tuesday,December 23, 2003, he would move the following resolution,seconded by Mr. Doucet:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents, correspondence, e-mails, reports between theDepartments of Finance, Office of the Premier, Office of theComptroller and NB Power in regard to the currency exchange dealentered into jointly by the New Brunswick Government and NBPower to borrow $500 million in US funds in 2002.

Mr. S. Graham gave Notice of Motion 61 that on Tuesday,December 23, 2003, he would move the following resolution,seconded by Mr. Haché:

WHEREAS a recent study commissioned by the Canadian TeachersFederation found that teachers in New Brunswick were spending anaverage of $420 of their own money annually to equip theirclassrooms and students; and

WHEREAS in Reaching Higher, Going Further the Premier promised“New Brunswick will have more teachers and resources in theclassrooms”; and

WHEREAS in Reaching Higher, Going Further the Premier promised“New Brunswick will have even more funding directed to education,universities, and students”; and

BE IT THEREFORE RESOLVED that the Legislative Assembly urgethe Government to increase funds available to schools to purchasesupplies for the classroom as requested by educators themselves; and

BE IT FURTHER RESOLVED that this Legislative Assembly urge theGovernment to invest in adequate and appropriate computertechnology.


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

Mr. Lamrock gave Notice of Motion 63 that on Tuesday,December 23, 2003, he would move the following resolution,seconded by Mr. Branch:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents, correspondence, e-mails, reports pertaining tothe trip for France scheduled for November 7th to 13th, 2003,including any invitations extended to potential participants by theprovince of New Brunswick.

Mr. Lamrock gave Notice of Motion 64 that on Tuesday,December 23, 2003, he would move the following resolution,seconded by Mr. Branch:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents, correspondence, e-mails, reports withTransport Canada pertaining to your government’s priorities forRoute 11, Route 17 and the third crossing to be constructed at theCanada - United States border at St. Stephen.

Hon. Mr. Volpé gave Notice of Motion 65 that on Tuesday, March 30,2004, he would move the following resolution, seconded byHon. Mr. Lord:

THAT this House approves in general the budgetary policy of thegovernment.

Hon. Mr. Green, Government House Leader, announced thatfollowing second reading, it was the intention of government thatthe House resolve itself into a Committee of Supply to consider the


Capital Estimates of the Department of Transportation, followingwhich, the Committee would resume consideration of theSupplementary Estimates.

The Order being read for second reading of Bill 25, An Act to Amendthe Legislative Assembly Act, a debate arose thereon.



Mr. MacIntyre rose on a point of order and requested that theMinister of Justice refrain from referring to him personally duringdebate. Mr. Speaker ruled that no member had been specificallyreferred to during debate.

And after some time, Hon. Mr. Green moved the adjournment of thedebate.

And the question being put, the motion to adjourn the debate onsecond reading of Bill 25, An Act to Amend the Legislative Assembly Act,was carried in the affirmative on the following recorded division:


NAYS - 26Mr. McGinley Ms. Weir Mr. ArseneaultMr. Jamieson Mr. Kennedy Mr. ForanMr. MacIntyre Mr. Ouellette Mr. AlbertMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny


The Order being read for second reading of Bill 26, An Act to Amendthe Regional Health Authorities Act, a debate arose thereon.

And after some time, Hon. E. Robichaud moved the adjournment ofthe debate.

And the question being put, the motion to adjourn the debate onsecond reading of Bill 26, An Act to Amend the Regional HealthAuthorities Act, was carried in the affirmative on the followingrecorded division:


NAYS - 26Mr. McGinley Ms. Weir Mr. ArseneaultMr. Jamieson Mr. Kennedy Mr. ForanMr. MacIntyre Mr. Ouellette Mr. AlbertMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny


2 o’clock p.m.


The House, according to Order, resolved itself into a Committee ofSupply with Mr. Holder in the chair.

And after some time, Mr. Malley welcomed to the House Mr. Louis-Philippe McGraw, former Progressive Conservative M.L.A. forCentre-Péninsule (1999-2003).


And after some further time, Mr. C. LeBlanc took the chair.

At 5.27 o’clock p.m., the Chairman declared a brief recess and left thechair.

5.33 o’clock p.m.

The Committee resumed with Mr. C. LeBlanc in the chair.

And after some time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, had passed several items,and asked leave to sit again.


The following are the items reported:

SUPPLEMENTARY ESTIMATES, 2003-2004 VOLUME I ORDINARY ACCOUNT Voted

DEPARTMENT OF ENERGYResolved, That there be granted to Her Majesty a sum not exceeding$1,267,000 to defray the expenses of the following program:Energy Secretariat ........................................................................................ 1,267,000

DEPARTMENT OF HEALTH AND WELLNESSResolved, That there be granted to Her Majesty a sum not exceeding$48,000,000 to defray the expenses of the following programs:Public Health and Medical Services ........................................................... 13,000,000Institutional Services .................................................................................... 35,000,000

DEPARTMENT OF JUSTICEResolved, That there be granted to Her Majesty a sum not exceeding$4,284,000 to defray the expenses of the following programs:Administration and Planning ................................................................... 77,000Attorney General ....................................................................................... 489,000Court Services ....................................................................................... 2,873,000Justice Services ....................................................................................... 845,000

LEGISLATIVE ASSEMBLYResolved, That there be granted to Her Majesty a sum not exceeding$5,634,000 to defray the expenses of the following programs:Office of the Chief Electoral Officer ....................................................... 4,522,000Supervisor of Political Financing ............................................................. 1,112,000


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

CAPITAL ACCOUNT

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

The said items were concurred in by the House.



Documents requested in Notices of Motions 11, 57 December 16, 2003


Thursday, December 18, 2003.1 o’clock p.m.

Prayers.

Mr. Arseneault, Member for Dalhousie-Restigouche East, laid uponthe table of the House a petition signed by residents of the Charloarea, requesting financial assistance to repair damage caused to theirproperty by the storms of October 15 and November 12, 2003.(Petition 17)

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


By Hon. Mr. Volpé,Bill 27, Supplementary Appropriations Act 2003-2004 (1).


Mr. Foran gave Notice of Motion 66 that on Tuesday, December 30,2003, he would move the following resolution, seconded byMr. Murphy:

WHEREAS the Moncton Police Force was dissolved and replaced bythe RCMP in 1998; and

WHEREAS a dispute remains over the pension funds for formermembers of the Moncton Police Force;

BE IT THEREFORE RESOLVED that this Legislature urge thegovernment to undertake an audit in order to determine the explicitor implicit agreement in place at the time of the transfer or at anytime since regarding the calculation of pension amounts.

Mr. Kenny gave Notice of Motion 67 that on Tuesday, December 30,2003, he would move the following resolution, seconded byMr. Arseneault:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all projects submitted to all CEDAs and the Regional


Development Corporation under the community economicdevelopment fund since April 1, 2003, to December 18, 2003, and thevalue of each project.

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

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



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


CAPITAL ESTIMATES 2004-2005 Voted

DEPARTMENT OF HEALTH AND WELLNESSResolved, That there be granted to Her Majesty a sum not exceeding$30,473,000 to defray the expenses of the following programs:Public Hospitals - Capital Equipment ........................................................ 13,723,000Health Care Renewal ..................................................................................... 16,750,000



The House resolved itself into a Committee of the Whole with Mr.Holder in the chair.

Following consideration of Bill 9, An Act to Amend the MunicipalAssistance Act, the Chairman put the question that he report the Billas agreed to and the motion was carried on the following recordeddivision:

YEAS - 26Hon. Mrs. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. Mr. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlancHon. Ms. MacAlpine Hon. Mr. Alward

NAYS - 23Mr. McGinley Ms. Weir Mr. ArseneaultMr. Jamieson Mr. Ouellette Mr. ForanMr. MacIntyre Ms. Robichaud Mr. AlbertMr. Allaby Mr. Lamrock Mr. A. LeBlancMr. S. Graham Mr. Targett Mr. PaulinMr. Armstrong Mr. Burke Mr. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny

And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert to the Orderof Presentations of Committee Report, reported:

That the Committee had directed him to report the following Bills asagreed to:

Bill 9, An Act to Amend the Municipal Assistance Act.Bill 10, An Act Respecting the Real Property Tax on University Property.Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act.Bill 12, An Act to Amend the Tobacco Tax Act.

And that the Committee had directed him to report the following Billas amended:

Bill 8, An Act to Amend the Employment Standards Act.

And the Committee asked leave to make a further report.


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



Friday, December 19, 2003.10 o’clock a.m.

Prayers.

Mr. Speaker informed the House that, in accordance with StandingRule 9, he had received notice of a question of privilege from theMember for Fundy Isles regarding comments made by the Ministerof Finance during the previous day’s question period and ofMr. Allaby’s intention to move the following motion, seconded byMr. Lamrock:

THAT the charge against the Minister of Finance of makingmisleading statements in the House be referred to the StandingCommittee on Privilege.

Mr. Speaker advised the House that he would deal with the matter intwo hours’ time, in accordance with the rules of the House.

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

Mr. Allaby, the Member for Fundy Isles, laid upon the table of theHouse a petition signed by residents of Deer Island urging theMinister of Family and Community Services to convert someapartment units in the Deer Island Seniors Complex into assistedliving facilities. (Petition 20)

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

Hon. P. Robichaud laid upon the table of the House a documententitled “Trans Canada Highway Project, Request for Qualificationsfor the Design, Construction, Financing, Operation, Maintenance &Rehabilitation of a four-lane highway between Saint-Léonard andLongs Creek.”


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

Mr. Lamrock gave Notice of Motion 68 that on Tuesday,December 30, 2003, he would move the following resolution,seconded by Mr. Murphy:

WHEREAS the caseload for special needs students in the NewBrunswick school system has nearly tripled in the past decade; and

WHEREAS funding formulas for schools have not reflected this newdemand; and

WHEREAS schools are funded for teaching assistants based uponpopulation but not the intensity of case loads in a given school; and

WHEREAS teachers, teaching assistants, parents and children aresuffering in some classrooms where there is too little help inclassrooms and too many needs;

BE IT RESOLVED that this House urge the Minister of Education toreview the current mechanism for funding educational assistance forchildren with special needs to ensure that every child gets the helpthey need to succeed.

Mr. Lamrock gave Notice of Motion 69 that on Tuesday,December 30, 2003, he would move the following resolution,seconded by Mr. Boudreau:

WHEREAS numerous international studies have shown a directcorrelation between the presence of well-funded school libraries andchildren’s literacy skills; and

WHEREAS the involvement of school librarians in preparing lessonplans, assisting teachers and advising students have raised thereading and writing test scores of students; and

WHEREAS while the Quality Learning Agenda sets out the goal ofgiving students public library cards, it makes not one mention ofimproving the libraries in our schools;

BE IT RESOLVED that this House urge the Minister of Education todevelop an addendum to the Quality Learning Agenda establishingclear goals for the funding, holdings and staffing of school libraries.


Mr. Lamrock gave Notice of Motion 70 that on Tuesday,December 30, 2003, he would move the following resolution,seconded by Mr. Burke:

WHEREAS provincial Route 8 runs through residential Marysville onBridge and Canada Streets; and

WHEREAS the high frequency of truck-related accidents poses anongoing threat to the lives and safety of the residents of Marysville;and

WHEREAS the Minister of Transportation has pledged, in the 2004-2005 Capital Estimates, to enter into discussions with the City ofFredericton to begin working towards the Marysville by-pass;

BE IT RESOLVED that this House express its support for any effortsthe Minister of Transportation may make to make the Marysville by-pass a reality, and urge the Minister of Transportation to take allreasonable steps to ensure that the Province is prepared to commitfunds to the Marysville by-pass project in the 2005-2006 CapitalBudget.

Hon. Mr. Green announced that following third reading, it was theintention of the government that the House proceed with the RoyalAssent Ceremony.

The following Bill was read a third time and passed:


Mr. Speaker having put the question that Bill 9, An Act to Amend theMunicipal Assistance Act, be now read a third time, and a recordedvote having been requested, the motion for third reading wasresolved in the affirmative on the following recorded division:



NAYS - 24Mr. McGinley Ms. Weir Mr. ArseneaultMr. Jamieson Mr. Ouellette Mr. ForanMr. MacIntyre Ms. Robichaud Mr. AlbertMr. Allaby Mr. Lamrock Mr. A. LeBlancMr. S. Graham Mr. Targett Mr. PaulinMr. Armstrong Mr. Burke Mr. DoucetMr. Landry Mr. Murphy Mr. BoudreauMr. Branch Mr. Kenny Mr. Brewer

Accordingly, Bill 9, An Act to Amend the Municipal Assistance Act, wasread a third time and passed.

The following Bills were read a third time:

Bill 10, An Act Respecting the Real Property Tax on University Property.Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act.Bill 12, An Act to Amend the Tobacco Tax Act.

Ordered that the said Bills do pass.

His Honour, the Lieutenant-Governor, was announced, and havingbeen bidden to enter, took his seat in the chair upon the Throne.

Mr. Speaker addressed His Honour as follows:


The Legislative Assembly of the Province of New Brunswick haspassed several Bills at the present sittings of the Legislature to which,in the name and on behalf of the said Legislative Assembly, Irespectfully request Your Honour’s assent.

The Clerk Assistant then read the titles of the Bills as follows:

Bill 8, An Act to Amend the Employment Standards Act.Bill 9, An Act to Amend the Municipal Assistance Act.Bill 10, An Act Respecting the Real Property Tax on University Property.Bill 11, An Act to Amend the Gasoline and Motive Fuel Tax Act.Bill 12, An Act to Amend the Tobacco Tax Act.

His Honour signified His Assent as follows:


To these Bills, His Honour’s assent was announced by the ClerkAssistant of the Legislative Assembly in the following words:

In Her Majesty’s name, His Honour the Lieutenant-Governor assentsto these Bills, enacting the same and ordering them to be enrolled.


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

Mr. Speaker delivered the following ruling with respect to a questionof privilege raised earlier in the sitting by Mr. Allaby, the Member forFundy Isles:


I am prepared to give my decision. I have reviewed the transcript ofyesterday’s question period. I have considered and listened to theexplanations from both the Member and the Minister opposite. Thismatter does involve a disagreement between two members as to thefacts. Similar questions of privilege relating to allegedly inaccurateand misleading responses in question period have been raised manytimes in this Assembly. Notwithstanding the ruling of SpeakerMilliken, decisions of previous Speakers, in this House and in otherjurisdictions, are consistent. I believe they are similar to one Irendered a year or two ago.

In short, there is a debate in the Assembly over a question of whethersomething is a fact. This cannot be ascertained by the Speaker, and itdoes not constitute a question of privilege. I therefore find that themember for Fundy Isles has not established a prima facie case ofprivilege.

It was agreed by unanimous consent to vary the hours of sitting, torecess at 1 o’clock p.m., to resume sitting at 1.30 o’clock p.m., and tocontinue until 5 o’clock p.m.

Hon. Mr. Green announced that following second reading, and withthe unanimous consent of the House, it was the intention of thegovernment that the House debate Motion 71, following which, theHouse would resolve itself into a Committee of Supply to considerthe Capital Estimates of the Departments of Education and Supplyand Services, and to resume consideration of the SupplementaryEstimates 2002-2003, Volume II, following which, the House wouldresume debate on the proposed amendment to Motion 48.


Bill 27, Supplementary Appropriations Act 2003-2004 (1).


With leave of the House, Hon. Mr. Volpé moved the followingresolution, seconded by Hon. Mr. Lord: (Motion 71)

WHEREAS the government of New Brunswick entered into theComprehensive Integrated Tax Coordination Agreement with thegovernment of Canada to harmonize the federal goods and servicestax and the provincial sales tax on October 18, 1996;

WHEREAS the provincial Harmonized Sales Tax Act came into force onApril 1, 1997;

WHEREAS the Lieutenant-Governor in Council authorized theMinister of Finance to enter into an agreement to amend theComprehensive Integrated Tax Coordination Agreement onSeptember 4, 2003;

AND WHEREAS subsection 2(3) of the Harmonized Sales Tax Actrequires the Minister of Finance to introduce for the consideration ofthe Legislative Assembly a resolution respecting the change or theagreement under subsection 2(2) within 10 days after its proposal orexecution if the Legislative Assembly is sitting, or, if the LegislativeAssembly is not then sitting, within 10 days after it next sits;

BE IT RESOLVED that the Legislative Assembly ratify and confirmthe agreement to amend the Comprehensive Integrated TaxCoordination Agreement entered into between the province of NewBrunswick and the government of Canada, and the provinces ofNewfoundland and Labrador and Nova Scotia, pursuant tosubsection 2(2) of the Harmonized Sales Tax Act.



At 1.15 o’clock p.m., the Chairman left the chair to resume again at1.45 o’clock p.m.

1.47 o’clock p.m.


And after some time, Mr. Holder took the chair.

And after some further time, Mr. Speaker resumed the chair andMr. Holder, the Chairman, after requesting that Mr. Speaker revertto Presentations of Committee Reports, reported that the Committeehad had under consideration the matters referred to them, had madesome progress therein, had passed several items, and asked leave tosit again.




SUPPLEMENTARY ESTIMATES, 2002-2003 VOLUME II Voted ORDINARY ACCOUNT

BUSINESS NEW BRUNSWICKResolved, That there be granted to Her Majesty a sum not exceeding$0.00 to defray the expenses of the following program:Business and Industry Development ......................................................... 0.00

GENERAL GOVERNMENTVoted, Supply in the following amounts to defray the expenses of thefollowing programs:Employee Benefit Plans ............................................................................ 10,370,611.54Legislated Pension Plans and Benefit Accruals and Subsidies ............................................................ 18,427,471.35Provision for Losses .............................................................................. 2,615,583.73

DEPARTMENT OF HEALTH AND WELLNESSResolved, That there be granted to Her Majesty a sum not exceeding$19,544,683.25 to defray the expenses of the following programs:Public Health and Medical Services ...................................................... 7,861,126.09Institutional Services ................................................................................. 11,683,557.16

DEPARTMENT OF JUSTICEResolved, That there be granted to Her Majesty a sum not exceeding$1,203,169.04 to defray the expenses of the following program:Court Services .................................................................................. 1,203,169.04

LEGISLATIVE ASSEMBLYResolved, That there be granted to Her Majesty a sum not exceeding$169,663.80 to defray the expenses of the following program:Office of the Chief Electoral Officer ...................................................... 169,663.80

MARITIME PROVINCES HIGHER EDUCATION COMMISSIONResolved, That there be granted to Her Majesty a sum not exceeding$1,449,830.00 to defray the expenses of the following programs:Administration ........................................................................................... 24,591.00Assistance to Universities ......................................................................... 1,425,239.00

DEPARTMENT OF NATURAL RESOURCES AND ENERGYResolved, That there be granted to Her Majesty a sum not exceeding$795,518.34 to defray the expenses of the following program:Energy Secretariat ..................................................................................... 795,518.34


DEPARTMENT OF PUBLIC SAFETYResolved, That there be granted to Her Majesty a sum not exceeding$645,872.05 to defray the expenses of the following program:Safety Services .......................................................................................... 645,872.05

DEPARTMENT OF SUPPLY AND SERVICESResolved, That there be granted to Her Majesty a sum not exceeding$1,406,182.23 to defray the expenses of the following program:Buildings Group ...................................................................................... 1,406,182.23

DEPARTMENT OF TOURISM AND PARKSResolved, That there be granted to Her Majesty a sum not exceeding$1,371,750.52 to defray the expenses of the following programs:Administration .......................................................................................... 180,401.27Business and Tourism Infrastructure ....................................................... 1,191,349.25

DEPARTMENT OF TRANSPORTATIONResolved, That there be granted to Her Majesty a sum not exceeding$8,841,146.04 to defray the expenses of the following program:Winter Maintenance ................................................................................... 8,841,146.04

CAPITAL ACCOUNTDEPARTMENT OF HEALTH AND WELLNESSResolved, That there be granted to Her Majesty a sum not exceeding$1,796,613.84 to defray the expenses of the following program:Public Hospitals - Capital Equipment ..................................................... 1,796,613.84

DEPARTMENT OF NATURAL RESOURCES AND ENERGYResolved, That there be granted to Her Majesty a sum not exceeding$(800,000.00) to defray the expenses of the following program:Capital Improvements ....................................................................... (800,000.00)


Debate resumed on the adjourned debate on the proposedamendment to Motion 48, moved by Mr. Lamrock, seconded byMr. Targett, as follows:

AMENDMENT

THAT this Motion be amended by adding the following phrase afterthe word “Procedure”:

“, except for any and all recommendations amending Standing Rule81,”.

And the question being put, the amendment was carried.

Mr. Speaker put the question on Motion 48 moved by Hon.Mr. Green, seconded by Hon. P. Robichaud, as amended as follows:


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

With leave of the House, Hon. Mr. Green moved the followingresolution, seconded by Mr. Lamrock: (Motion 72)

BE IT RESOLVED that the Legislative Assembly acknowledge andconfirm the agreement entered into between the Government andthe Official Opposition as hereto set forth:

The Government and the Official Opposition agree that each shallprovide the name of a Member of their respective caucus for thepurpose of their entering into a pairing agreement to indicate thatthey will not take part in any recorded division held during any andall proceedings of the Committees of the Whole House during thelife of the Fifty-fifth Legislative Assembly.


And the debate being ended and the question being put, it wasresolved in the affirmative.


March 30 117Journal of Assembly

Tuesday, March 30, 2004.

1 o’clock p.m.

Prayers.

It was agreed by unanimous consent that the House recess until2.30 o’clock p.m.

Accordingly, Mr. Speaker declared a recess at 1.04 o’clock p.m.

2.30 o’clock p.m.


Hon. Mr. Volpé, Minister of Finance, delivered to Mr. Speaker aMessage from His Honour the Lieutenant-Governor, and the saidMessage was read by Mr. Speaker, all the Members standing, and isas follows:

March 30, 2004.

His Honour the Lieutenant-Governor transmits the Main Estimatesfor the fiscal year ending March 31, 2005, which include the estimatesof the sums required for the services of the Province, not otherwiseprovided for, for the year ending March 31, 2005, and in accordancewith the provisions of the Constitution Act, 1867, recommends theseEstimates to the House.

(Sgd.:) Herménégilde Chiasson.Lieutenant-Governor.

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

On motion of Hon. Mr. Volpé, seconded by Hon. Mr. Lord,

RESOLVED, that the portion of the Speech of His Honour theLieutenant-Governor which refers to the Public Accounts, Estimatesand Expenditures be referred to the Committee of Supply.

Pursuant to Notice of Motion 65, Hon. Mr. Volpé moved, secondedby Hon. Mr. Lord:

THAT this House approves in general the budgetary policy of thegovernment.

And the question being put, Hon. Mr. Volpé proceeded to deliver theBudget Speech.

118 March 3052 - 53 Elizabeth II, 2003 - 2004

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

Mr. Speaker, at the request of Hon. Mr. Green, reverted toGovernment 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 budgetarypolicy of the government be resumed on Thursday next and thenadded to the Orders of the Day until such time as it is dispatched.


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

Annual Report,Office of the Chief Coroner 2002-2003 December 19, 2003

Annual Report,Public Safety Inspection Services 2002-2003 December 22, 2003

Annual Report,Office of the Ombudsman 2002-2003 December 23, 2003

Annual Report,Provincial Holdings Ltd.for the year ending March 31, 2003 December 29, 2003

Annual Report,Regional Development Corporation 2002-2003 January 5, 2004

Annual Listing of Program Expendituresfor the year ending 31 March 2003 -Regional Development Corporation January 5, 2004

Public Accounts for the fiscal year ended31 March 2003 - Volume 1 January 5, 2004

Public Accounts for the fiscal year ended31 March 2003 - Volume 2 -Supplementary Information January 5, 2004

Public Accounts for the fiscal year ended31 March 2003 - Volume 5 -Salary Listings of Organizations January 5, 2004

Annual Report, Department ofHealth and Wellness 2002-2003 January 7, 2004


Annual Report,Department of Education 2002-2003 January 7, 2004

Annual Report, Department of Agriculture,Fisheries and Aquaculture 2002-2003 January 8, 2004

Annual Report,Department of Family andCommunity Services 2002-2003 January 8, 2004

Annual Report, Maritime Provinces HigherEducation Commission 2002-2003 January 14, 2004

Annual Report,New Brunswick Police Commission January 15, 2004

Annual Report,Department of Justice (Credit Unions) 2002 January 27, 2004

Annual Report, Department ofEnvironment and Local Government February 4, 2004

A Report on Air Quality MonitoringResults in New Brunswick for the year 2002 February 4, 2004

Public Accounts for the fiscal year ended31 March 2003 - Volume 3 -Financial Statements ofCrown Corporations, Boards, Commissions February 9, 2004

Public Accounts for the fiscal year ended31 March 2003 - Volume 4 Trust Funds February 9, 2004

Annual Report,Department of Justice (Co-operatives) 2002 February 10, 2004

Report of the Auditor General ofNew Brunswick Volume 2 - 2003 February 18, 2004

Annual Report,Department of Justice (Insurance) 2002-2003 February 18, 2004

The Council of AtlanticPremiers Report for 2001-2003 February 18, 2004

New Brunswick Advisory Councilon the Status of WomenAnnual Report 2002-2003 February 19, 2004

Strategies for Faculty Renewalin the Maritimes - October 2003 February 23, 2003

Annual Report, Vital Statistics 2002 March 11, 2004Report Card on the Status of

Women in New Brunswick 2004 March 11, 2004Annual Report, Department of Justice and

Attorney General 2002-2003 March 15, 2004


Wednesday, March 31, 2004.

10 o’clock a.m.

Prayers.

The Honourable the Premier paid tribute to the memory of PCMember Wilfred Bishop, a former Minister of Transportation, Ministerof Natural Resources, and President of the Executive Council. The lateMr. Bishop represented Queens County (1952-1974) and theconstituency of Queens North (1974-1987) and was the longestserving Member of the Legislative Assembly.

The Premier acknowledged the contribution of the late HarrisonMcCain to New Brunswick and to the international world of businessthrough his establishment and promotion of McCain Foods Ltd. TheLeader of the Opposition joined with the Premier in this regard.

Hon. Mr. Fitch paid tribute to the memory of the late Dan Skaling, theChairman of NB Power, a long serving provincial and federal publicservant, and a businessman.

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

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

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

During Statements by Members, Mr. Speaker cautioned that this itemof business is not to be used to make personal attacks on Members.


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


By Hon. Mr. Green,Bill 28, An Act to Amend the Municipal Elections Act.

By Hon. E. Robichaud,Bill 29, An Act to Amend the Mental Health Act.Bill 30, An Act to Amend the Medical Services Payment Act.

By Hon. Ms. Blaney,Bill 31, An Act to Amend the Employment Standards Act.

By Hon. Mr. Steeves,Bill 32, An Act to Amend the Custody and Detention of Young persons

Act.

By Hon. Ms. Fowlie,Bill 33, An Act to Amend the Clean Water Act.

By Hon. Mr. Ashfield,Bill 34, An Act to Amend the Fish and Wildlife Act.

By Hon. Mr. Mockler,Bill 35, An Act to Amend the Assessment Act.

By Hon. Mr. Green,Bill 36, An Act to Repeal the Bulk Sales Act.

It was agreed by unanimous consent to defer second reading of Billsuntil Friday, April 2, 2004.

Mr. Haché gave Notice of Motion 73 that on Tuesday, April 6, 2004, hewould 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 theHouse all documents concerning the mission to Chicago and Atlantaundertaken, from February 2 to 5, 2004, by Premier Lord, PremierDoer, and business people from the province, including the namesof individuals who took part in the mission (business people, stafffrom the various government departments, political staff),correspondence, memos, letters, E-mails, reports, analyses, notices,recommendations, business plans, projects submitted, projectsapproved, offers, agreements, grants awarded, grants proposed, loansawarded, loans approved, details of expenditures incurred and paid


by the province or by individuals (for each individual and for themission in general), invoices, and invoices for limousine services, forthe period from September 1, 2003, to March 16, 2004.

On motion of Hon. Mr. Green, seconded by Mr. Lamrock:

RESOLVED, that when the House adjourns at the end of this sittingday, it shall stand adjourned until 2 o’clock p.m. tomorrow.

On motion of Hon. Mr. Green, seconded by Mr. Lamrock:

RESOLVED that when the House adjourns on Friday, April 23, 2004,that it stand adjourned until Tuesday, May 4, 2004; and that when theHouse adjourns on Friday, May 28, 2004, it stand adjourned until June8, 2004.

With leave of the House to dispense with notice, Hon. Mr. Greenmoved, seconded by Hon. P. Robichaud: (Motion 74)

THAT pursuant to section 32.1 of the Legislative Assembly Act, theLegislative Assembly delegate to the Legislative AdministrationCommittee its authority under the Act with respect to amounts,indemnities, allowances and salaries and with respect to theamendment of Schedule A.




Annual Report, Workplace Health,Safety and Compensation Commission - 2003 March 29, 2004

Position Paper on Human Rights Renewalin the Province of New Brunswick March 30, 2004

The New Brunswick Economy 2004 March 30, 2004Budget 2004-2005 - Living within our Means

Focusing on Priorities March 30, 2004Main Estimates 2004-2005 March 30, 2004

April 1 123Journal of Assembly

Thursday, April 1, 2004.

2 o’clock p.m.

Prayers.

The Order of the Day for resuming the adjourned debate on themotion (Motion 65),

THAT this House approves in general the budgetary policy of thegovernment, having been read,

The debate was resumed.

And after some time, on motion of Hon. Ms. Dubé, the furtherconsideration thereof was adjourned until Tuesday, April 6, 2004.


124 April 252 - 53 Elizabeth II, 2003 - 2004

Friday, April 2, 2004.10 o’clock a.m.

Prayers.Mr. Speaker informed the House that, in accordance with StandingRule 9, he had received notice of a Question of Privilege from theMember for Fredericton-Fort Nashwaak regarding action taken bythe Minister of Finance with respect to a number of job cuts andclosures of government garages that had occurred since the Ministertabled the budget on Tuesday, March 30, and notice of Mr. Lamrock’sintention to move the following motion:THAT the charge against the Minister of Finance, for anticipating adecision of the House and therefore being in contempt, be referred tothe Standing Committee on Privileges.Mr. Speaker advised the House that he would deal with the matter intwo hours time, in accordance with the Rules of the House.

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

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

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

Hon. E. Robichaud, the Member for Tracadie-Sheila, laid upon thetable of the House a petition signed by residents of Restigoucherequesting that the government support the introduction of a public


non-profit automobile insurance system which would benondiscriminatory, affordable, and reliable for everyone withoutexception. (Petition 25)

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

Ms. Weir from the Select Committee on Public Automobile Insurance,presented the Final Report of the Committee, which was read and isas follows:

April 2, 2004.To the HonourableThe Legislative Assembly ofThe Province of New BrunswickMr. Speaker:Your Select Committee on Public Automobile Insurance has thehonour to present its Final Report and commends it to the House.Your Committee was appointed during the First Session of the Fifty-fifth Legislative Assembly by resolution of the House adopted August5, 2003.The report is the result of the Committee’s public consultation anddeliberations to explore the most suitable form of a public insurancesystem for New Brunswick should the province conclude that apublic system is required. Your Committee wishes to thank the manyindividuals and organizations who appeared before the Committeeat the public hearings or submitted written briefs. As well, theCommittee wishes to thank everyone who attended the hearings andtook part in this important process.

Respectfully submitted,(Sgd:) Elizabeth Weir, Chair

Ordered that the report be received.The full report of the Committee as presented is as follows:Executive SummaryThe Select Committee on Public Automobile Insurance was asked tolook at the various public automobile insurance systems in Canadaand identify the most suitable model of public automobile insuranceto ensure fair, accessible and affordable automobile insurance for allNew Brunswickers, in the event a decision is made to move to apublic system.


As a result of its research and deliberations, the Committee hasdeveloped a unique public automobile insurance model appropriateto the needs of New Brunswickers. This report outlines the keyelements of the model as well as the start-up costs, impact onprovincial finances and the legal, trade and economic implications ofputting in place the proposed model.

The made-in-New Brunswick model provides a comprehensive andhigh level of no-fault automobile insurance at an affordable rate to allNew Brunswickers. Every licenced driver has access to mandatoryautomobile insurance coverage at a fair price and may choose toaugment that coverage if desired. Basic mandatory insurance policyincludes full no-fault, also known as personal injury protection plan,benefits and $200,000 third-party liability coverage.

Under the no-fault model, all New Brunswickers injured in trafficaccidents will be entitled to full medical and rehabilitation treatment,income replacement and other benefits depending on the severity oftheir injuries. Financial compensation for pain and suffering iseliminated under the model. Fault is determined for every trafficaccident and at-fault drivers pay higher premiums under the model.

Optional insurance for vehicle damage (collision, theft andcomprehensive) will be similar to coverages sold now; consumers canchoose to purchase optional coverage, including the specific kind ofcoverage and deductible level for their individual vehicles. To reducepremiums and ensure that coverage is universally available, allconsumers will purchase both mandatory and optional vehicledamage coverages exclusively from the Crown corporation throughtheir licenced community brokers and agents. New Brunswickconsumers will have the choice of buying additional third-partyliability coverage and higher income replacement benefits from aprivate insurance company or the Crown corporation.

In the proposed model, vehicle registration and mandatoryinsurance are purchased together from a licenced private insurancebroker or agent. Licence plates must be returned when anautomobile insurance policy is cancelled.

Private sector insurance brokers and agents will play a pivotal role inthe proposed public model. Brokers and agents will be the exclusivedistributors of the public automobile insurance product in NewBrunswick and will receive a 7 per cent commission for their services.The cost of insurance will be based on the personal driving record ofthe registered owner, vehicle usage, vehicle make and model and anyextra coverage purchased beyond the mandatory coverage. Age,


gender, marital status, where one lives, payment history and anylapses in insurance are not to be taken into account when the cost ofinsurance is determined.

The proposed model includes discounts for safe drivers — 4 per centper year of safe driving to a maximum of 40 per cent off the price ofinsurance — and sharply increasing penalties to risky drivers. Thefinancial consequences of accidents and traffic offences are easilyunderstood, predictable and reasonable. Under the made-in-NewBrunswick model, premium consequences of an at-fault accidentfollow the at-fault driver, not the vehicle.The average premium is estimated at $993 under the made-in-NewBrunswick model; today’s average premium is $1,212. The estimatedaverage premium for drivers with 10 years safe driving under theproposed model is $834. Some drivers will pay more and some willpay less than the average depending on their individual drivingrecord, vehicle model and usage and coverage level. Risky driverswill pay considerably more and criminal-driving offences will beharshly penalized. All rates are to be subject to the approval of theNew Brunswick Board of Commissioners of Public Utilities.The proposed Crown corporation will be a not-for-profit public entitythat will operate at arm’s length from the provincial government. Theproposed legislation will establish the insurance program, includingproduct characteristics and benefits. It will clearly establish that thefinancial sustainability of the Crown corporation is the responsibility ofautomobile insurance ratepayers and not taxpayers. The Crowncorporation will pay premium tax, health services levy and HST.It is estimated that the Crown corporation will employ up to 800individuals at its headquarters and five regional claim centres. TheCrown corporation will look to hire, wherever possible andappropriate, experienced and certified insurance professionalspresently involved in the insurance industry in New Brunswick.The costs of the New Brunswick model are fully explained in thisreport, including start-up, capital and pre-operating costs. Financingof the total start-up, capital and pre-operating costs of $82 millionwill be provided to the Crown corporation by the provincial govern-ment at the beginning of Year 1. The loan will be repaid in full withinterest, at the beginning of Year 2 when written premiums areconverted from private insurance companies to the public automo-bile insurance Crown corporation.To ensure transparency and accountability, the Crown corporationwill appear before the Standing Committee on Crown Corporations


of the Legislative Assembly of New Brunswick and will distributeaudited financial statements and an annual report at a general publicmeeting to be held each year.The Committee undertook an initial assessment of the tradeimplications associated with the introduction of a public automobileinsurance corporation in New Brunswick in light of Canada’sobligations under the North American Free Trade Agreement(NAFTA) and the World Trade Organization’s General Agreement onTrade in Services (GATS). The Committee found that while theNAFTA and the GATS do not expressly prohibit New Brunswickfrom establishing and maintaining a public automobile insuranceregime, they do contain rules that would apply to the creation of aCrown corporation and its activities. The Committee is confident thatthe model could be implemented in a manner that conforms toCanada’s international trade obligations and recommends that theGovernment of New Brunswick work closely with federal officials,should it decide to proceed.The implementation of the proposed public automobile insurancemodel is estimated to have a net positive impact on the provincialeconomy. The initial displacement of 1,134 people working in NewBrunswick’s private sector insurance industry will be partially offsetby the creation of 800 new automobile insurance jobs at the Crowncorporation. Net gains of 1,024 person years in Year 1 and 275 personyears in Year 2 in provincial employment are anticipated. Theprojected gains to the provincial economy in Year 1 (pre-operating)are primarily related to hiring by the Crown corporation andincreased capital expenditures as the corporate office and regionalclaim centres are built. The projected gains in Year 2 (operationalphase) are due to the increased spending in the provincial economytriggered by the projected $103 million reduction in automobileinsurance premiums in the province.The implementation of the proposed model will result in a smallincrease overall to provincial revenues estimated at $3.5 million peryear. The Province will continue to receive premium tax of 3 per cent,the health services levy and the provincial portion of the HST underthe proposed public model.Based on the experience of other jurisdictions, the implementation ofthe made-in-New Brunswick model is not expected to have asignificant impact on physiotherapists, medical practitioners or thoseinvolved in the automobile-repair industry. However, theintroduction of a no-fault model will negatively impact the legalcommunity in New Brunswick as persons injured in a traffic accident


no longer sue to receive benefits. Brokers and agents will continue toplay a key role in the proposed model. The costing of the modelincludes resources to remunerate brokers, agents and insurers for theadditional transaction costs involved in the transition from private topublic automobile insurance.

A summary of recommendations is provided in this report.

IntroductionThe Select Committee on Public Automobile Insurance wasappointed by resolution of the House, adopted August 5, 2003. TheCommittee was asked to recommend a public automobile insurancesystem that is fair, affordable and accessible to all New Brunswickdrivers.The first meeting of the Committee was held in the LegislativeCouncil Chamber on August 7, 2003. On motion of Mr. ClaudeWilliams, Ms. Elizabeth Weir was elected chair of the Committee andon motion of Mr. John Betts, Mr. Wally Stiles was elected vice-chair ofthe Committee. The members of the Committee are: Ms. ElizabethWeir (chair), Mr. Wally Stiles (vice-chair), Mr. Cy (Richard) LeBlanc,Mr. Milton Sherwood, Mr. Kirk MacDonald, Mr. Claude Williams, Mr.John Betts, Mr. Michael Malley, Mr. T.J. Burke, Mr. Roland Haché, Mr.Rick Doucet and Mr. Bernard Richard. The membership of the SelectCommittee was amended by substituting the name of Mr. KellyLamrock for Mr. Bernard Richard.Mandate of the Select Committee on Public AutomobileInsuranceThe Committee was asked to look at the various public automobileinsurance systems in Canada and identify the most suitable model ofpublic automobile insurance to ensure fair, accessible and affordableautomobile insurance for all New Brunswickers, in the event adecision is made to move to a public system.The Committee was asked to make recommendations on keyelements of the proposed model for public automobile insurance inNew Brunswick, elements such as:• the type of system: tort, full no-fault or partial no-fault, choice or hybrid;• the types of coverages and benefits that should be offered;• a proper risk-rating system for establishing premiums;• the method of selling and distributing insurance (such as the private sector

and government);• the types of insurers allowed to operate in a public model (such as the

private sector and government);• start-up costs for establishing the proposed model and fixed and recurring

costs; and• the impact on provincial finances.


The Committee was asked to report on the legal, trade and economicimplications of putting in place the proposed model. TheCommittee’s report also addresses the issue of interprovincial co-operation and a regional approach to public automobile insurance.

A copy of the Motion appointing the Select Committee on PublicAutomobile Insurance and its mandate is provided in Appendix A.

MethodologyA discussion paper was made available to the public to provide someguidance on the key issues related to public automobile insurance.The paper describes the current public automobile insurance systemsin Quebec, Manitoba, Saskatchewan and British Columbia. Anexplanation of the current privately operated automobile insurancesystem in New Brunswick was included in the discussion paper.

The Committee held public hearings and one-on-one informationsessions throughout New Brunswick during October and November2003. The Committee also received comments from the publicthrough written submissions, by e-mail and telephone. A summaryof the input received during public consultations is included inAppendix F. Further, the Committee held in-camera technicalbriefings with senior officials from the four existing publicautomobile insurance corporations and with senior officials fromrelevant provincial government departments.

The Committee engaged the professional services of specialists ininsurance and business consulting, economic impact assessment andtrade policy for objective and expert advice. The Executive BusinessPlan is in Appendix K, Sample Rates in Appendix L and theEconomic Impact Assessment is in Appendix N.

Overview of New Brunswick’s CurrentAutomobile Insurance IndustryPresently in New Brunswick, we have a privately run automobile insurancesystem that uses a tort or fault-based approach to resolving claims andcompensating victims of automobile accidents. Consumers in NewBrunswick typically buy their automobile insurance from an insurancecompany through a licenced agent or insurance broker. According topresentations from brokers and insurance companies to the Committee,automobile insurance accounts on average for 60 per cent of the totalproperty and casualty insurance industry in New Brunswick.

According to the Insurance Bureau of Canada, about 2,400 peoplewere directly employed in the New Brunswick property and casualtyinsurance industry in 2002. Based on the 60 per cent average, about1,440 person-years employment are directly associated with theprovision of automobile insurance. The New Brunswick Department of


Justice, Insurance Branch, reports that there are 330 licenced agents and291 licenced adjusters who are resident in the province. The InsuranceBrokers Association of New Brunswick has 172 member brokerages,with about 939 employees located in 62 different communities.Independent brokers generally offer a variety of property andcasualty insurance products, including automobile insurance, from anumber of different companies and are paid a commission on thevalue of a policy sold. On average, New Brunswick brokers earncommissions on automobile insurance of: 12.5 per cent on regularmarket policies; 10 per cent on Facility Association policies; and 9 percent on policies sold to drivers under 25 years of age.1

As reported by the New Brunswick Department of Justice in its Insur-ance Annual Report, 2002-2003, 80 different insurance companies wereinvolved in the automobile insurance industry in New Brunswick in2002. Total written premiums for automobile insurance for 2002 totalled$491,205,000, representing an increase of $84 million or 20 per cent from$407,167,000 in 2001. According to Canadian Underwriter, 46 insurancecompanies sold $482 million in direct written premiums in New Bruns-wick in 2002. No single company dominates the automobile insurancemarket in the province. Of the top 10 companies, as determined by thetotal dollar value of written premiums, market share levels ranged from11 per cent to 4 per cent for 2002. Insurers writing automobile policies inNew Brunswick include Canadian subsidiaries of large United Statesand Europe headquartered companies. A number of Canadian and NewBrunswick companies and mutual insurance companies play a signifi-cant role in the current automobile insurance system.A Made-In-New Brunswick ApproachThe Select Committee received detailed presentations from seniorexecutives from the four provincial public automobile insurancecorporations presently operating in Canada. The different systems,benefit levels, rating mechanisms, distribution channels and costswere evaluated by the Committee in developing the best model for apublic automobile insurance system for New Brunswick, in the eventa decision is made to move to a public system.

Considerations and DeliberationsThe Committee has the significant advantage of being able to drawon the considerable years of experience in public automobileinsurance administration — under various systems — to helpdevelop the best model for New Brunswick.

In deliberating on the key elements and features of a made-in-NewBrunswick model, the Committee closely considered these featuresof public automobile insurance systems across the country:

1 Source: Insurance Brokers Association of New Brunswick


Premium levels are based largely on the driving record of theregistered owner of the vehicle, vehicle make/model and use;Premium consequences of an at-fault accident follow the at-faultdriver, not the vehicle;Automobile insurance is tied directly to vehicle registration;Individuals are assessed on their personal driving experience, not thatof their peer group;Premium savings are achieved through lower administration costs andthe not-for-profit mandate of a sole provider Crown corporation; andIntroduction of no-fault automobile insurance systems inSaskatchewan and Manitoba in the early 1990s have been successful inproviding improved access to medical, rehabilitation and incomereplacement benefits for all traffic injured as a first priority while alsostabilizing rates.

The result of these deliberations is a made-in-New Brunswickapproach that incorporates key aspects of the Manitoba model, butwith some modifications and unique features to better meet theneeds of New Brunswickers.Objectives of the ModelBased on the issues raised during the public consultation sessions,advice received and research undertaken, the Committee agreed onthe following key objectives to be met by the made-in-NewBrunswick model:Affordable: To provide a comprehensive and high level of coveragefor all New Brunswickers at a price that is affordable.Accessible: To ensure that all New Brunswickers, regardless of theirage, gender or where they live, have access to basic automobileinsurance coverage at a fair price.Fair: To ensure that New Brunswickers are evaluated on theirindividual driving records and that the premium consequences fortraffic offences and at-fault accidents are known, predictable andreasonable.To ensure that all New Brunswickers injured in traffic accidentsreceive the financial support, medical and rehabilitative treatmentrequired to heal and return to active involvement in society.Stable: To provide a comprehensive and high level of coverage for allNew Brunswickers at a price that is affordable both now and in thefuture.Flexible: To ensure New Brunswickers can choose to add to the basicautomobile coverage from a variety of products and providers tomeet their individual insurance needs.


Excellent Customer Service: To ensure that customers have access totheir automobile insurance coverage at all times.Overview of the ModelThe made-in-New Brunswick model (see Table 1) is a no-fault publicautomobile insurance system. Under the no-fault model, all NewBrunswickers injured in traffic accidents will be entitled to fullmedical and rehabilitation treatment, income replacement and otherbenefits depending on the severity of their injuries.Financial compensation for pain and suffering is eliminated underthe model. Individuals no longer sue to get benefits.Fault is determined for every traffic accident. At-fault drivers payhigher premiums under the model.

Under the made-in-New Brunswick model, injured people arecompensated for the following:• Lost income• Medical costs that are not usually covered by New Brunswick’s health

services, such as physiotherapy, chiropractic treatments, medication,prosthetics

• Rehabilitation expenses to help injured people to return as close aspossible to the pre-accident condition. These include physical andoccupational therapy and employment retraining

• Personal care expenses to cover costs of paying helpers to provide theinjured with personal care, housekeeping, shopping and suchessential services. These benefits can continue throughout the injuredperson’s life

• Death, funeral benefits and grief counselling for spouses, common-lawpartners and dependents

• Special expenses that include compensation for a person whose mainoccupation at the time of the injury was taking care of others withoutpay; who was working full time while caring for someone under theage of 16 or not employable; or who was working without pay in afamily business. The benefit provides funds to hire someone to do thework the injured person can no longer do and includes travelexpenses for medical purposes

• Students are compensated for each term of the school year they can’tcomplete because of injury in an accident

• Permanent impairment is a lump sum paid to an injured person (inaddition to lifelong benefits described above) who has permanentlyreduced body function from an accident, such as paraplegia.

In the proposed model, vehicle registration and mandatoryinsurance are purchased together from licenced private insurancebrokers and agents in New Brunswick. Under the New Brunswickpublic automobile insurance model (hereinafter referred to as NBPI),licence plates must be returned when insurance is cancelled.


2 KPMG LLP, July 28, 2003. Report on the Impact of Tort Reform on PrivatePassenger Automobile Insurance Rates in New Brunswick.

yrammuSledoMkciwsnurBweN-nI-edaM:1elbaT

elibomotuAecnarusni

noitubirtsid

)kciwsnurBweNecivreShguorht(ecnecilrevirD

ecnarusnidecnecilhguorht(ecnarusnidnanoitartsigerelciheV)stnegadnasrekorb

noitartsigerelciheVycilopecnarusni&

,noitartsigerfofoorpsietacifitrececnarusni/noitartsigeRcilbupehtmorfdesahcrup)s(egarevoclanoitpodnayrotadnam

noitaroprocecnarusnielibomotua

desahcrupsi)s(egarevoclanoitponehwdeussiycilopetarapeSsrerusnietavirpmorf

smuimerprevirD srevirdksirrehgihotyltceriddessessaerasmuimerplanoitiddA

elcihevyrotadnaMegarevoc

,cebeuQnistifenebotralimisstifenebyrujnitluaf-oneruPeustonnacsnosrepderujni–nawehctaksaSdnaabotinaM

ytreporpsrevoc–egarevocytilibailytrap-driht000,002$ylidobdnaegamadytreporpdnakciwsnurBweNniegamad

kciwsnurBweNedistuoyrujni

elcihevlanoitpOegarevoc

stifenebtnemecalperemocnifoslevelrehgiH

egarevocytilibailytrap-drihtlanoitiddA

,evisneherpmoc,tfeht,noisillocgnidulcniegamadelcihevnwO.cte

ybdlosegarevoCecnarusnicilbupeht

noitaroproc

egarevocelcihevyrotadnaM

stifenebtnemecalperemocnirehgih–stifenebyrujnilanoitiddA


dnatfeht,noisillocgnidulcniegamadelcihevnwOevisneherpmoc

ybdlosegarevoCsrerusnietavirp

stifenebtnemecalperemocnirehgih–stifenebyrujnilanoitiddA


srotcafgnitar-ksiRecnarusnirof

smuimerp

gnivirdfosraey(sdrocergnivirdlaudividni’srekciwsnurBweN)secneffociffartdnastnediccatluaf-ta,ecneirepxe

egasuelciheV

ledom/ekamelciheV

desahcrupegarevoclanoitpO

ybdevorppaecnarusnilanoitpodnayrotadnamrofsetarllAdraobseitilitucilbup

gnitar-ksirdetibihorPecnarusnirofsrotcaf

smuimerp

sutatslatiramroredneg,egA

yrotirreT

yrotsihtnemyapmuimerp’srenwoelciheV

muimerpegarevA ecirpteertss’yadotmorfesaercedlliwslevelmuimerpegarevA2212,1$fo 2 egarevA.399$folevelmuimerpegarevanaot

eblliwgnivirdefassraeyeromro01htiwsrevirdrofsmuimerp.eromyaplliwsrevirdyksiR.438$


Mandatory insurance will include a no-fault, also known as personalinjury protection, plan and $200,000 third-party liability coverage tocover damage to the property of New Brunswickers inadvertentlyaffected by an accident.Optional insurance for vehicle damage (collision, theft and compre-hensive) will be similar to coverages sold now; consumers will decideif they wish to purchase optional coverage, including the specifickind of coverage and deductible level for their individual vehicles.

To reduce premiums and ensure that coverage is universallyavailable, all consumers will purchase both mandatory and optionalvehicle damage coverage exclusively from NBPI through theirlicenced community brokers and agents. New Brunswick consumerswill have the choice of buying additional third-party liabilitycoverage (more than the mandatory $200,000) and higher incomereplacement benefits from a private insurance company or NBPI.Drivers’ licences will be processed through Service New Brunswickas they are now. Under the proposed model, fees for drivers’ licencesare unchanged.New Brunswick drivers with safe driving records will receivediscounts on their vehicle insurance.New Brunswick drivers whose bad driving record puts them in thepenalty zone will also be charged an additional premium feewhether they own a vehicle or not. The amount will vary dependingon their relative positions on the safe driving discount scale (seeFigure 2).Insurance rates will be based on a New Brunswicker’s individual driv-ing record, vehicle usage, vehicle make/model and optional coveragepurchased. Age, gender and marital status are prohibited rating factors.The Committee decided to use a single rating territory for the entireprovince for the introduction of the new plan; there is no variation inrates because of where you live. The Committee recommends thatafter five years, the NBPI claims experience be reviewed to see if it isappropriate to maintain a single territory.

Basic Mandatory Coverage LevelsAll New Brunswickers injured in traffic accidents in the province orelsewhere will have equal access to no-fault benefits under the NBPIpersonal injury protection plan.

However, fault will be determined for every traffic accident andrecorded in the system as part of the at-fault driver’s driving record.An individual’s driving record is the primary factor in deter-miningpremium levels under the made-in-New Brunswick model.


The basic, or mandatory, coverage provides generous, personalinjury protection plan coverage and

$200,000 third-party liability coverage to protect the property of aninnocent New Brunswick bystander.

The personal injury protection plan includes:

• high medical and rehabilitation benefits - to a maximum of $5million for each New Brunswick resident injured in an automobilecrash;

• income replacement benefits to replace 90 per cent of the first$55,000 of net income earned, indexed and payable until age 70, ifnecessary;

• high levels of death benefits and an impairment benefit for seriousand permanent injuries, for example, $150,000 to $200,000 forquadriplegic injury in addition to life-long medical interventionand rehabilitation (see Figure 1).

Figure 1 compares the minimum compulsory coverage levels underthe current New Brunswick tort-based system and those proposedunder the made-in-New Brunswick no-fault model.

Under the made-in-New Brunswick model, all persons injured in atraffic accident, regardless of fault, are eligible for higher medical andrehabilitation, income replacement and death benefits depending onthe seriousness of their injuries and individual income levels. Fault isnot a factor in determining benefit entitlements.

Under the current New Brunswick tort-based system, all personsinjured in a traffic accident, regardless of fault, have access to thelower benefit levels listed in Figure 1 through their Accident orSection B benefits. Only those persons injured in an automobileaccident and who are determined to be not at-fault can sue the at-fault driver for compensation for their full economic loss and painand suffering (up to $2,500 minor injuries).Personal injury protection plan benefit levels included in the NBPIbasic mandatory plan will be established through legislation andindexed to inflation. Below is a description of what is included as no-fault benefits or a personal injury protection plan.Under the proposed New Brunswick public automobile insuranceplan, the priority is to provide support to New Brunswickers injuredin traffic accidents in order to facilitate recovery and rehabilitation ina timely manner. Individuals will no longer have the right to sue forfinancial compensation or for general damages such as pain andsuffering.


Figure 1: Comparison of Compulsory Minimum Insurance Coveragesfor Private Passsenger Vehicles: Current New Brunswick System and

Made-in-New Brunswick Model

New Brunswick Made-in-New Brunswick Model

Compulsoryminimum third-party liability:

$200,000 is available for anyone accident; however, if aclaim involving both bodilyinjury and property damagereaches this figure, paymentfor property damage wouldbe capped at $20,000

$200,000 is available for any oneaccident; however, if a claiminvolving both bodily injury andproperty damage reaches thisfigure, payment for propertydamage would be capped at$20,000

Medicalpayments:

$50,000/person, includingrehabilitation, excludinghealth insurance plans; timelimit 4 years

Maximum of $5 million perperson, no time limit; includesrehabilitation

Funeral expensebenefits:

$2,500 $6,545

Disability incomebenefits:

104 weeks partial disability;life time if totally disabled;maximum $250/week;seven-day wait; unpaidhousekeeper $100/week,maximum 52 weeks

90 per cent of net incomewages; maximum income net$55,000/year; seven-day wait;indexed.

Impairment benefits scheduled upto $200,000

Death benefits: Death within two years; headof household $50,000 plus$1,000 each for alldependants beyond first;spouse $25,000; dependentchild $5,000

Death anytime; depends on wageand age; minimum $48,034;maximum $320,000 plus $22,815- $42,030 to dependantsaccording to age.

Right to sue forpain andsuffering?

Yes. Maximum amountrecoverable as damages fornon-economic loss for allminor personal injuries:$2,500

No

Right to sue foreconomic loss inexcess of no-fault benefits?

Yes No

Administration: Private insurers Crown corporation (NBPI andprivate insurers compete foradditional coverage)


Immediate access to medical treatment is the first priority. A personinjured in a traffic accident develops a treatment plan with medicaladvisers of choice and submits that plan to the Crown corporation.The costs of all eligible medical procedures, rehabilitative treatments,services or necessary medical equipment as outlined in anindividual’s treatment plan are covered by the public automobileinsurance Crown corporation. All costs to the public health caresystem are charged back to the Crown corporation through thehealth services levy; now, these costs are charged back to privateinsurance companies and are spread out over all insured drivers.Under the New Brunswick public automobile insurance plan,personal injury benefits paid will be divided into four key categories:1. medical and rehabilitation services will comprise 46 per cent of total

personal injury benefits paid;2. income replacement will comprise 41 per cent;3. permanent impairment compensation will comprise 8 per cent; and,4. death benefits will comprise 5 per cent of the total personal injury

benefits paid.

Income replacement benefits are paid for the time the injured personis unable to return to normal activity; if needed, additional homecare or childcare is available. Typically, the basic coverage entitles aninjured person to 90 per cent of net income up to a pre-set maximum,for example, $55,000 a year,3 for the time that they are unable tofunction normally. Additional income replacement coverage for thoseNew Brunswickers with higher income levels can be purchased fromprivate insurers or NBPI through a licenced broker or agent.New Brunswickers who suffer a permanent loss of use of a body partin an automobile accident are entitled to financial compensation forthat loss. Financial compensation rates will be pre-set in legislation.

Death benefits are paid to eligible family members according to theirrelationship to the deceased and to the deceased’s contribution to familyincome levels. Death benefit levels under the NBPI plan will be higherthan those now in place under the current system. (See Appen-dix D foran overview of mandatory no-fault benefit levels in Canada.)

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


Mandatory $200,000 Third-Party LiabilityThe mandatory $200,000 third-party liability coverage providesprotection to New Brunswickers in case they are involved in anaccident that causes property damage to something other than anautomobile, such as a house, a traffic signal or other property in theprovince. This mandatory coverage also protects a New Brunswickerinvolved in a traffic accident while travelling outside the province, andwho is determined to be at-fault, from third-party liability claims.

Optional Vehicle Damage CoverageIn the made-in-New Brunswick model, vehicle damage coveragesuch as comprehensive, collision and all perils, is optional and is soldexclusively by the Crown corporation through licenced NewBrunswick brokers and agents. Presently, about 25 per cent of NewBrunswickers choose not to buy vehicle damage coverage wheninsuring their automobiles.4 The Committee wanted to allow NewBrunswick consumers to continue to have this choice under the NewBrunswick public automobile insurance system.To ensure that vehicle damage insurance is available at an affordableprice, the coverage is available only from the Crown corporation.NBPI will offer a variety of vehicle damage coverages, includinglower deductibles, to New Brunswick consumers.Role of the Private SectorLicenced insurance brokers and agents in New Brunswick will be theexclusive distributors of the public automobile insurance product inthe province. Support from the public automobile insurance Crowncorporation for those brokers and agents will include program andproduct training, communication and point-of-sale materials andtelephone support. New Brunswick brokers and agents are vital tothe effective distribution of the products and to assist clients tounderstand the new system so as to make choices appropriate totheir insurance needs.The implementation of a new rating system and the adoption of a newcomputer operating system will simplify the transaction processinvolved in purchasing automobile insurance in New Brunswick. NBPIwill pay licenced insurance agents and brokers a 7 per cent commission.Resources will be set aside to remunerate insurers and agents/brokers forthe additional work involved in the transition year.Private insurers are encouraged to compete with the NBPI to provideconsumers choices in extended coverages and additional third-partyliability coverage.

4 Insurance Bureau of Canada Automobile Experience (Green Book) 2002


Rating FactorsUnder the proposed New Brunswick public automobile insuranceplan, rates will be based on the individual driving record of theregistered owner of a vehicle, as well as on the driver ’s claimsexperience, vehicle usage, vehicle make/model and any optionalcoverage purchased. Age, gender, marital status and where the driverlives are not used to set premium levels.

Vehicle registration and insurance are tied together in the proposedmodel. Cost of insurance will be based on the owner’s position onthe safe driving discount scale (see Figure 2), vehicle usage, vehiclemake/model and any optional coverage purchased. The drivingrecords of other members of a household will not affect the cost ofinsurance for the owner of the vehicle.

Figure 2: Save Driving Discount Scale - See Original Report

Individual driving records play an important part in thedetermination of how much drivers will pay for insurance. The basepoint premium will be determined by the vehicle usage, make/modeland optional coverage purchased and then the appropriate level ofsafe driving discount is applied.

A new driver will enter the premium scale at the neutral zone andearn a 4 per cent discount for each year of claims – and offence-freedriving to a maximum of 10 years or a total discount of 40 per cent.

Table 2: Number of New Brunswick Drivers by Licence Class by Age Group

2002-2003

Licence Class Age Group

16-19 20-24 25-34 35-44 45-54 55-64 65-74 75+ Total Commercial 47 1,074 7,083 12,276 13,327 8,260 1,744 144 43,955 Passenger 9,644 36,333 78,486 97,456 94,340 65,778 41,151 26,309 449,497 Graduated 17,350 5,199 3,021 1,117 457 188 83 26 27,441 Motorcycle 1 9 21 29 32 12 6 2 112

Total 27,042 42,615 88,611110,878108,156 74,238 42,984 26,481521,005

Note: 49,550 drivers also have a motorcycle endorsement and are included inthe commercial, passenger or graduated driver licence counts. (Source: NewBrunswick Department of Public Safety, 2003.)

Drivers with a record of at-fault claims or traffic offences will paymore and will not earn a good-driver discount until their poordriving records have been corrected – about three years. Licenceddrivers who do not register vehicles but accumulate enough demeritpoints to enter the driver penalty zone, will be billed an additionalpremium to ensure they contribute to the provincial insurance pool.


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

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

Example 1

A New Brunswick driver with a record of 10 years safe drivinghas an at-fault accident. Because of his or her position at the topof the safe driver discount zone, he or she receives three demeritpoints moving from a +10 to a +7 position on the scale. Nextyear when he or she registers and insures their vehicle they willreceive a 28 per cent discount and move back up the scale (32per cent, 36 per cent and 40 per cent discount respectively) witheach subsequent year of safe driving.

The not-at-fault driver’s premiums are not affected by theaccident.

Example 2

A New Brunswick driver with a recent history of unsafe driving,having been responsible for one at-fault accident two years ago,has a second at-fault accident in less than three years. He or shemoves from -5 to -15 in the penalty zone. He or she will beassessed an additional premium of $1,050 at the time of theaccident. Provided this driver can maintain a safe driving recordfor three consecutive years, he or she will be eligible for a safedriving discount on his or her fourth renewal. However, in theinterim three-year time period he or she will be charged thebase rate.

The not-at-fault driver’s premiums are not affected by theaccident.


Example 3

A New Brunswick driver with only two years of safe drivingexperience has an at-fault accident with the family vehicle,which is registered and insured in the parent’s name. Under themade-in New Brunswick model the at-fault driver, not thevehicle owner, pays an additional premium. In this examplebecause the driver has two years safe driving, he or she isassessed eight demerit points and goes from a +2 position in thesafe driving zone to a -6 position in the penalty zone, where heor she pays an additional contribution to the insurance pool of$250. Additionally, the driver will need to maintain a safedriving record for three consecutive years to be eligible to re-earn a safe driving discount. If he or she were to register andinsure a vehicle before the end of the three-year time frame theywill pay the base rate related to the make/model and use of thevehicle to be insured.

The premium of the not-at-fault driver and the owner of the car(the driver ’s parent) are not affected by the accident.

The Committee recommends a scale for safe drivers that offers adiscount of 4 per cent for each year of claims – and offence-freedriving to a maximum discount level of 40 per cent. Vehicle ownerswith a 10-year clean driving record would receive a discount of 40 percent as compared to a new driver who would get a 4 per centdiscount after the first year of safe driving.The Committee recommends a scale for a poor driving record to includea modest $25 for each of the first two positions on the scale, followed bysharp increases in costs as demerit points are accumulated.The objective is to collect higher premiums from drivers who havepoor driving records. The exact scale, including demerit points fortraffic offences, must be set out in the appropriate legislation.Average Premium LevelsUnder the New Brunswick public automobile insurance system, it isestimated that there will be a decrease from the current street price of$1,212 to an average premium of 2003. The average premium is thetotal premium paid by all customers for all of the coveragespurchased on their vehicles divided by the total number of vehicles.The average is weighted for all of the mandatory coverages thateveryone must buy and the optional coverages that only somecustomers buy. Therefore, some drivers will pay more than the


average premium level and some will pay less, depending on theirindividual driving records, claims histories, type and uses of vehicles.

Figure 3 compares the average premium levels by years of safedriving under the current New Brunswick system and thoseestimated under the made-in-New Brunswick public model. Todetermine the precise rate to be paid by an individual vehicle ownerwould require an actuarial ratemaking exercise. The Committee felt itwas premature and beyond the scope of its mandate to take this nextstep at this time.

Figure 3: Estimated Average Premium Levels - See Original Report

The average premium of $993 is an all-in price. Estimated averagepremium levels include provisions for NBPI to pay provincial healthservices levies, premium taxes, all operating costs and a 5 per centsurcharge, to be imposed for the first four years of operation, to payfor all pre-operating and start-up costs and to build a reserve fund.The result is an average premium for drivers insuring a vehicle at thebase rate of about $1,390 and an average premium of $834 for driverswith 10 years of safe driving. More than 80 per cent of NewBrunswick drivers have safe driving records of six years or more.Figure 4 shows the estimated average premium level by years of safedriving for the made-in-New Brunswick model.

Figure 4: Estimated Average Premium Levels by Years of SafeDriving - See Original Report

This estimate is based on New Brunswick consumers purchasing asimilar pattern of coverage as they do now, that is, mandatorycoverage and often, supplemental coverage such as higher third-party liability coverage and lower deductibles.

In order to provide New Brunswickers with a better idea of the rangeof premium levels they could anticipate under the proposed model, asample of hypothetical drivers and their estimated premium levelsare described in Figure 5. These estimates have been developed fromthe best available information to give New Brunswickers a better ideaof the range of premiums for a sample of vehicle makes and models,vehicle usage, levels of coverage and driving experience. However,an actuarial ratemaking exercise is required before premium levelsunder the made-in-New Brunswick model can be determined.


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

Scenario Age &Gender

DrivingExperi-ence

DrivingRecord

OtherDrivers Vehicle Coverages Location Rate

1

45 yearoldfemale

10 yearsplus safedriving

16 year olddaughter,brand newdriver justcompleteddrivereducation18 year oldson has 2years gooddriving

2002DodgeCaravan

$2 millionPLPDCollision andComprehen-sive $250deductible

Campbell-ton

$1,228

2

22 yearoldunmar-riedmale

5 yearsdafedriving

1 wind-shieldclaim lastyear

None 2001ToyotaCorol1a


Tracadie $1,358

3

18 yearoldunmar-riedfemale(univer-sitystudent)

2 yearssafedriving

None 1994HondaCivicHatch-back

$200,000PLPDNo vehicledamagecoverage

Saint John $1,007

Vehicle 1

4

60 yearold male

10 yearssafedrivingPleasureUse

None 2002PontiacGrandPrix


Miramichi $1,006

Vehicle 2 57 yearoldfemale

6 yearssafedrivingPleasureuse

1 compre-hensiveclaim 4years ago

None 1997PontiacGrand AM

$2 millionPLPDNo vehicledamagecoverage

Miramichi $528

5

77 yearoldfemale

10 yearssafedrivingPleasureuse

None 2000FordTaurus


St. Stephen $812

6

30 yearold male

10 yearsdriving

1st at-faultaccident 3years ago2nd atfaultaccidentlast year.Previously7 years ofsafedriving

None 2001JeepCherokee


Fredericton $1,906


*This driver would be billed an additional premium amount after each traffic or criminalcode infraction. He would only be permitted to register his vehicle under this scenario ifhe had a valid driver ’s licence and his insurance account was in good standing.

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

Scenario Age &Gender

DrivingExperi-ence

DrivingRecord

OtherDrivers Vehicle Coverages Location Rate

Vehicle 1

7

29 yearold male

10 yearssafedriving

1 not-at-faultaccident 3years ago 1windshieldclaim lastyear

None 2004Mazdapick-uptruck


Petit-Rocher

$1,150

Vehicle 2 28 yearoldfemale

7 yearssafedriving

One-at-faultaccident 7years ago

None 1999ChevroletCavalier


Petit-Rocher

$1,242

8

54 yearold male

10 yearssafedriving

None 1994Oldsmo-bile 98Regency

$1 millionPLPDNo vehicledamagecoverage

GrandBay

$678

9

47 yearold male

10 yearssafedriving

21 year olddaughter3 yearssafedriving23 year oldson 1 at-faultaccident 2years agoand 1speedingticket

1996VW Jetta


Edmund-ston

$1,038

10

24 yearoldfemale

8 yearssafedriving

1 speedingticket 3years ago

None 2002HondaAccord


Wood-stock

$1,360

11

42 yearold male

22 yearsdriving

1 at-faultaccident 3years ago1st DrivingImpaired 5years ago2nd DrivingImpaired 2years ago*

None 1994ChevroletImpala

$200,000PLPDNo vehicledamagecoverage

Memram-cook

$1,094(vehicle)

$2,550(driver)

$3,644(total)

12

39 yearoldfemale

20 yearsdriving

1 at-faultaccident 3years ago2nd at-faultaccident 12months ago

None 1997NissanAltima


Doaktown $1,624


Road Safety Initiatives

The philosophy guiding the public automobile insurance systemsincludes concerted efforts to reduce collisions, injuries, deaths andclaims. Under the proposed model for New Brunswick, an annualbudget dedicated to road safety is estimated at $4 million.

There are many road safety initiatives in place in Canada’s publicautomobile insurance systems for a New Brunswick public system toemulate. The Committee recommends that NBPI in partnership withrelevant organizations and institutions such as governments, lawenforcement agencies, seniors organizations and schools, develops aseries of safety initiatives targeted to the needs of New Brunswickdrivers.

GovernanceAn Act of the New Brunswick Legislative Assembly to establish aNew Brunswick Public Insurance Crown corporation will have to bewritten and given assent before the transition of New Brunswickdrivers from the private system to the public system. The legislationwill establish the insurance program, including productcharacteristics and benefits, as well as the parameters for the Crowncorporation. The legislation is to undergo a full review at the end ofYear 5 of operations.

A minister responsible for the public automobile insurancecorporation, with no oversight or role in operations, will beappointed and a board of directors will be established. The board willbe responsible for policy development and oversight of the Crowncorporation.

Although a public entity, the Crown corporation will operate at arm’slength from the provincial government. This relationship will beimportant in ensuring that the financial sustainability of the NewBrunswick public insurance Crown corporation is the responsibilityof automobile insurance ratepayers and not taxpayers. Similar to theNew Brunswick Workplace Health, Safety and CompensationCommission, the liabilities and assets of the NBPI would not beincluded on the Province’s financial statements, except for the initialloan during the start-up period.

AccountabilityAlthough the Crown corporation will operate at arm’s length fromgovernment, a number of mechanisms to ensure full publicaccountability and transparency are recommended by theCommittee:


1. The NBPI will be required to submit insurance rates to the publicutilities board for approval. Rate changes will be subject toreview and hearings where public participation and scrutiny areencouraged;

2. The enabling legislation establishing the NBPI will provide for athird-party dispute resolution process whereby all injury claimsdecisions can be reviewed by an independent panel to ensuredisputes are resolved in an appropriate and fair manner;

3. The NBPI will appear before the Legislative Assembly of NewBrunswick’s Standing Committee on Crown Corporations on anannual or as required basis; and

4. The NBPI will issue an annual report, including audited financialstatements, at a general public meeting of the Crown corporationto be held each year.

Costing the ModelBased on legislation, and to deliver the mandate of NBPI, aninfrastructure and organization would be built, including people,facilities and information systems. The start of these activities wouldmark the beginning of the pre-operating period, anticipated to last 12months, after which operations would

commence and transition of New Brunswick drivers from the oldsystem to the new would occur. Capital costs would also be incurredduring the pre-operating phase.

It is estimated that NBPI would directly employ about 800individuals in the province of New Brunswick in a variety of rolesincluding clerical, technical/professional, supervisory andmanagement. The organization of NBPI would include: executiveoffices; finance; insurance operations; claims; informationtechnology; human resources; legal/regulatory; and public relations/prevention. Recruiting and hiring of employees is assumed to takeplace over a 24-month period, with close to 90 per cent of theworkforce being recruited and hired in the first 12 months.

NBPI will look to hire, wherever possible and appropriate,experienced and certified insurance professionals presently involvedin the provincial insurance industry.

A summary of total costs is provided below in Table 4


Table 4: Summary of Project CostsEstimated Costs

Start-up $13,300,000

Pre-Operating $32,010,000

Capital $35,250,000

Total $80,560,000

Start-up CostsStart-up costs are non-operating and non-capital costs incurredduring the 12-month pre-operating period, and are necessary tocreate the infrastructure and processes required to operate NBPI.These costs will be capitalized and amortized over a five-year period.Start-up costs are estimated as follows:

Recruitment costs $ 800,000System and business process development costs $ 7,900,000Communication costs $ 3,000,000Consulting service costs $ 1,600,000

$13,300,000

The Manitoba Public Insurance Corporation (MPI) has offered toassist NBPI with customizing and conversion of MPI insurance,financial and claims systems to meet the needs of New Brunswick,thus eliminating the need to build the systems from scratch (seeLetter of Intent in Appendix M).This partnership will also result in a new, integrated online motorvehicle registration system for the Province of New Brunswick.Other partnering or contracting opportunities will be explored byNBPI during the pre-operating period and may lead to furtherefficiencies and potential cost savings.Pre-Operating Period CostsFor Year 1, estimated operating expenses will consist mainly ofemployee compensation, training costs and other operating expenses(data processing, building expenses, printing, stationery, officesupplies, postage, travel expenses, telephone, etc.). Compensationrepresents an estimated 75 per cent of the operating expensesincurred during Year 1, with the remaining 25 per cent representedby training costs and other operating expenses. Employeecompensation is based on the assumption of staggered hiring of 700staff during Year 1.


Total Year 1 operating expense is calculated below:

Estimated employee compensation $ 23,700,000Estimated training expense $ 500,000Estimated other operating expenses $ 7,810,000

$ 32,010,000

Although not a pre-operating period cost, to assist the variousstakeholders with the transition from the old to new insurancemodel, it is estimated that NBPI would make a one-time transitionexpenditure of up to $20,000,000 in Year 2 of operations.

Capital CostsProperty and equipment additions are required and will be madeduring Year 1 pre-operating period for the following assets:

Construction cost of five claim centres $ 10,125,000Construction cost of corporate office $ 18,225,000Furniture and equipment allowance $ 4,000,000Information technology systems

(desktop hardware only) $ 2,900,000$ 35,250,000

Project FinancingDuring the pre-operating period, NBPI will require financing of$82,000,000. It is assumed that this will be debt-financed, with moneyborrowed from the Province of New Brunswick. It is estimated thatamounts will be advanced to NBPI over the 12-month pre-operatingperiod in equal instalments. The expected capital structure and use offunds are as follows:

Sources of financingProvince of New Brunswick $ 82,000,000

Use of fundsStart-up costs $ 13,300,000Capital costs $ 35,250,000Pre-operating period operating costs $ 32,010,000

$ 80,560,000

This debt financing will bear interest at 5 per cent and will berepayable, in full, at the beginning of Year 2, the first year of NBPI’soperations. On Day 1 of operations of Year 2, NBPI will experience asignificant inflow of cash from the conversion of written premiumsfrom private insurance companies to NBPI, allowing repayment ofthe provinces advance, in full, at the beginning of Year 2.


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

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

Year 1 Year 2 Year 3 Year 4 Year 5

Net earnings(loss) fromoperations

($34,482) ($9,546) $18,751 $25,392 $31,518

Retainedearnings(deficit),beginning ofyear

- ($34,482) ($44,028) ($25,457) ($65)

Retainedearnings(deficit), endof year

($34,482) ($44,028) ($25,457) ($65) $31,453

Cashresources,end of period

$1,627 $224,666 $374,978 $508,232 $632,957

International Trade ImplicationsThe Select Committee has assessed the made-in-New Brunswickmodel in the light of Canada’s obligations under the North AmericanFree Trade Agreement (the “NAFTA”) and the World TradeOrganization’s (the “WTO”) General Agreement on Trade in Services(the “GATS”). In conducting its assessment, the Select Committeeconsulted with international trade experts, and reviewed variousanalyses of the consistency of a public auto insurance scheme withCanada’s international trade obligations.It is clear that the NAFTA and the GATS do not expressly prohibitNew Brunswick from establishing and maintaining a publicautomobile insurance regime. Both agreements do, however, containrules that would apply to the creation of the Crown corporation(NBPI) and to its activities.The Crown corporation would have to be designed to meet certainrequirements that are intended to minimize adverse trade effects. Aswell, Canada would likely be asked by its WTO trading partners to


make trade-related adjustments in their favour. Additionally, therights of U.S. and Mexican investors with investments in NewBrunswick’s auto insurance sector would have to be taken intoaccount (although the NAFTA does not require governments tomitigate any and all negative effects on such investors/investments).The Committee cannot predict, however, whether a WTO or NAFTAchallenge would be brought or whether a challenge would succeed. Thecreation of a provincial Crown corporation offering services previouslyprovided solely by the private sector has never been challenged underthe WTO nor the NAFTA. There are many legal and factual hurdles thatwould have to be cleared by a trading partner (or a United States orMexican investor) in order to challenge successfully the creation of apublic automobile insurance system. There is also a broad range ofpolicy and political factors, as well as individual parent companies’overall commercial interests (beyond just those of the provision ofautomobile insurance services in New Brunswick) that would influencewhether and how a claim might be made.

The WTO and NAFTA rules mean that there are issues to beinvestigated further should the Province decide to move ahead.However, the Select Committee is confident that a public automobileinsurance system, such as the made-in-New Brunswick model, couldbe implemented in New Brunswick in a manner that conforms withCanada’s international trade obligations.

Consequently, the Select Committee recommends that theGovernment of New Brunswick work closely with federal officials todesign a strategy that would ensure that the establishment of apublic automobile insurance system (NBPI) in New Brunswickwould be consistent with Canada’s international trade obligations.

Provincial Economic Impact AnalysisThe Committee engaged the services of an economist to assess theimpact on the provincial economy of the proposed model for publicautomobile insurance. The economic impact analysis report isattached as Appendix N.

The implementation of the proposed public automobile insurancemodel is estimated to result in 1,134 fewer people working in NewBrunswick’s private sector insurance industry. This decrease will bepartially offset by the creation of 800 new jobs in the proposed NewBrunswick public insurance Crown corporation. Despite the directdisplacement of jobs in the insurance industry in Year 2, the overallnet economic impact of implementing the proposed model isestimated to be positive due to growth induced in other sectors of theprovincial economy.


The projected gains to the provincial economy, as measured byincreased person years employment and increased gross domesticproduct (GDP), in Year 1 (pre-operational phase) are primarilyrelated to hiring by the Crown corporation and increased capitalexpenditures of over $35 million as the corporate office and regionalclaim centres are built. The projected net increases to employmentand GDP for Year 2 (operational phase) is due to the increasedconsumer spending in the provincial economy triggered by theprojected $103 million reduction in automobile insurance premiumsin the province.

Summary of FindingsStart-Up Year (Year 1):

• Net increase of $109 million of gross output in New Brunswick• Net increase in employment of 1,024 person years• Net increase of $46 million in New Brunswick’s gross domestic

product (GDP)• Net increase of $6 million in federal government revenues resulting

from increased economic activity in New Brunswick• Net increase of $4.4 million in provincial government revenues

resulting from increased economic activity in New Brunswick.

Regular Operation Year:

• Net increase of $144 million of gross output in New Brunswick• Reduction of 1,134 private insurance sector jobs• Creation of 800 jobs at the proposed public insurance corporation• Net increase in employment of 275 person years (taking into

account direct, indirect and induced impacts)• Net increase of $37 million to New Brunswick’s gross domestic

product (GDP)• Net increase of $6.7 million in federal government revenues

resulting from increased economic activity in New Brunswick• Net increase of $3.5 million in provincial government revenues

resulting from increased economic activity in New Brunswick

Impact on Provincial FinancesThe implementation of the made-in-New Brunswick model willresult in a decrease in provincial government revenues directlyrelated to the automobile insurance industry. This decrease isestimated at about $3.7 million: $3 million is explained by a decreasein automobile insurance premium tax revenues collected due to thedecrease in total premiums charged to New Brunswickers; and$700,000 represents the loss of provincial corporate income taxcurrently paid by the private automobile insurance industry in the


province. However, this shortfall will be exceeded by the projectedincrease in provincial government revenues (see economic impactanalysis) due to the increase in provincial economic activitygenerated through the implementation of the model. The overall netincrease in provincial government revenues is estimated at $3.5million per regular year of operation.Health Services LevyThe New Brunswick public automobile insurance Crown corporationwill continue to pay the health services levy to the government of NewBrunswick on the same basis and in the same amount as now being paidby private insurance companies in New Brunswick. Provincial healthservices levies are estimated to be about $ 27.5 million a year.Premium TaxThe New Brunswick public automobile insurance Crown corporationwill continue to pay premium tax of 3 per cent on total premiumscollected to the provincial government. Total premium tax to be paidby NBPI is estimated at about $14 million.Corporate Income TaxThe New Brunswick public automobile insurance Crowncorporation, as a not-for-profit public entity, will not pay provincialcorporate income tax. Based on the corporate income tax estimatesfor the automobile insurance industry paid in New Brunswick, asestimated in the Atlantic Canada Insurance Harmonization TaskForce Report (Vol. 2) to the Council of Atlantic Premiers 2003, thisrepresents a loss of provincial revenue of $700,000. Corporate incometax received from the automobile insurance industry in NewBrunswick represented less than 4/10ths of 1 per cent of totalprovincial corporate income tax collected in 2001-2002Cost Recovery and LicencingNBPI will pay all appropriate costs and licence fees involved inrecovering the regulatory costs for the Superintendent of Insurance’soffice and the New Brunswick Board of Commissioners for PublicUtilities associated with the provision of automobile insurance under thenew system as well as fees for the licencing of its professional staff.Provincial portion of the HSTNBPI will pay the HST (including the provincial portion) on itstaxable expenditures.

Other Potential ImpactsThe Committee was asked to investigate the impact on otherprofessionals such as the legal community, brokers and agents,physiotherapists, medical practitioners and those involved in the


automobile-repair industry. The Committee finds there will be nosignificant change in the way the NBPI Crown corporation and/or itscustomers would interact with these professionals, with twoexceptions: the legal community and licenced brokers or agents.Based on the available information and the experiences of otherjurisdictions, the following impacts are expected:

Legal CommunityUnder the NBPI no-fault model, all New Brunswickers injured intraffic accidents will be entitled to full medical and rehabilitationtreatment, income replacement and other benefits depending on theseverity of their injuries. Financial compensation for pain andsuffering is eliminated under the NBPI model.

Individuals no longer sue to get benefits and thus, there will be nobusiness related to automobile accident personal injury claims forNew Brunswick lawyers. After the introduction of a no-fault systemin Manitoba in the mid-1990s, legal professionals tended to shift thebalance of their practice to other areas of the law or moved topractice personal injury law elsewhere.

This decrease will be incremental to the impact of the $2,500 cap onfinancial compensation for pain and suffering associated with aminor soft-tissue injury, implemented on July 1, 2003. Although it istoo early to understand the full impact on the legal community ofthis measure, recent reports have estimated a decrease in the level ofnew claims of over 40 per cent as compared to the same time in 2002.

Brokers and AgentsBrokers play a critical role as the main distribution channel for publicautomobile insurance in British Columbia, Manitoba andSaskatchewan. They are paid a commission of 7 per cent, 5 per centand 4 per cent, respectively. Experience in other jurisdictions wouldsuggest that brokerages are profitable under a public automobileinsurance system.

In the NBPI model, licenced brokers and agents will receive a 7 percent commission on the public policies they sell. This represents adecrease from 12.5 per cent to 7 per cent. However, the time andresources required for brokers or agents to sell the NBPI product willbe considerably less in the public system. Although there will be atransition period to adjust staff and overhead requirements, theCommittee finds that New Brunswick brokers and agents willcontinue to provide a service to New Brunswickers and make a profitunder the proposed system.


To assist in the transition phase the Committee recommends thatpublic automobile insurance be sold through existing licencedbrokers and agents resident in New Brunswick and that transactionsare required to be done in person for the first five years of operation.Additional transaction costs to be incurred during the transition yearwill also be recognized by the NBPI.

Other Potential ImpactsAnother concern expressed during the public hearings was theimpact of the introduction of public automobile insurance on theavailability of other property and casualty insurance products inNew Brunswick. Should the Province of New Brunswick decide toimplement public automobile insurance, there is the possibility thatindividual companies may decide to withdraw completely from themarket.

Although we are unable to predict the behaviour of individualcompanies, based on a review of experience in other jurisdictions, theCommittee is confident that New Brunswick consumers willcontinue to have access to other property and casualty insuranceproducts at a competitive price.

As reported in the 2003 Statistical Review of Canadian Underwriter,of the leading 20 property and casualty insurance companies nowdoing business in New Brunswick, 12 are also in the top 20 in BritishColumbia, 11 are also in the top 20 in Manitoba, 10 are also in the top20 in Saskatchewan and 15 are also in the top 20 in Quebec.Additionally, eight (Manitoba), 10 (British Columbia, Saskatchewan)and 12 (Quebec) of the leading 20 property and casualty insurancecompanies operating in New Brunswick sell optional or extensionautomobile insurance coverage in competition with a publicautomobile insurance Crown corporation.

Another potential impact associated with the introduction of thepublic automobile insurance model recommended by the Committeewould result in lower claims costs over time for individual/employerhealth and disability insurance plans. Under the personal injuryprotection plan of the made-in-New Brunswick model, the publicinsurer is the first payer of benefits. Therefore, the full medical andrehabilitation costs associated with traffic accidents are paid by theautomobile insurance system and not subsidized by an individual’spersonal or workplace health and/or disability insurance plans.

Legal ImplicationsAs concluded by the Atlantic Canada Insurance Harmonization TaskForce Report to the Council of Atlantic Premiers, there are no legal


obstacles to the creation of a provincial public automobile insuranceCrown corporation.

The Committee recognizes that new legislation as well as significantreform/amendments to existing legislation will be required toimplement the NBPI model in the province. A preliminary reviewwould suggest the need for a new Act to create the Crowncorporation and establish its mandate and all other necessaryspecifications for its operation. Subsequent amendments to theInsurance Act and the Motor Vehicles Act are also anticipated toimplement the model.Inter-Provincial Co-operationThe made-in-New Brunswick model recommended by theCommittee is in large part a result of the very strong and closerelationship and history of interprovincial co-operation between theProvince of New Brunswick and the Province of Manitoba.This spirit of interprovincial co-operation has lead to significant costsavings associated with adapting the MPI operating system toimplement the NBPI model. The Committee recommends continuedclose relations between the two provincial governments and the twoCrown corporations. This could include, for example, training,assignment of senior MPI staff to assist in the transition phase,mentoring of NBPI board members by their MPI counterparts as wellas co-development of future systems.The issue of implementing an Atlantic regional public automobileinsurance Crown corporation has been explored on a conceptualbasis by the Atlantic Insurance Harmonization Task Force.Although the Committee agrees that there is no legal reason toprevent a regional approach to public automobile insurance, we feela phased approach to implementing public automobile insurance inthe region is warranted. The scope of change and legislative reformrequired to implement the NBPI model suggests a focused andprovincial effort is the most prudent approach for the initialimplementation phase. The Province and the Crown corporation,once established, could then evaluate any requests to extend theNew Brunswick system to any or all of its Atlantic counterparts.Transition IssuesThe implementation of the NBPI model, in the event a decision ismade to move to a public automobile insurance system, will generatea number of transition issues.The Committee recommends that:An Act to establish the Crown corporation, mandate, governance


structure, benefit levels, operating policies, etc. be developed andintroduced into the Legislative Assembly as soon as possible.The Act to create a New Brunswick public automobile insuranceCrown corporation and all other proposed legislation be reviewedto ensure it is consistent with Canada’s international tradecommitments.

A senior executive team is hired to begin the pre-operating phase ofNBPI as soon as the Crown corporation has been established.

A specific date is chosen for the switch to the new system. All policiessold under the existing system would be converted to the newsystem of public automobile insurance on that date with a staggeredrenewal date tied to a vehicle owner’s birth date.

The NBPI establish a number of advisory committees withstakeholders, such as private sector brokers and agents, privateinsurance companies, medical and rehabilitative treatmentprofessionals and vehicle repair professionals to explain anddetermine how the new system will operate.

The NBPI work closely with private sector employers and theDepartment of Training and Employment Development to ensurethat a worker transition strategy is developed and that all reasonableefforts are undertaken to assist displaced workers in making asuccessful work transition either to the NBPI or to a different careeror employer.

Summary of Recommendations1. The Committee recommends the made-in-New Brunswick model

of public automobile insurance, in the event a decision is made tomove to a public system, that offers extensive coverage at anaffordable rate for all drivers with:

• no reference to age, gender, marital status, territory, paymenthistory or lapses in insurance to determine insurance costs;

• rates to be determined by driving record, vehicle usage,vehicle make and model, optional coverage purchased;

• oversight of the public utilities board for mandatory andoptional insurance rates.

• pure, no-fault injury benefits with no option to sue;• drivers licences to continue to be sold by Service New

Brunswick;• vehicle registration and insurance sold through brokers and

agents at a 7 per cent commission;• mandatory vehicle coverage, additional injury and income


replacement benefits, third-party liability coverage andcollision, theft and comprehensive sold by the Crowncorporation through private sector agents and brokers; and

• additional injury and income replacement benefits and third-party liability coverage are sold by private insurers incompetition with the Crown corporation.

2. The Committee recommends a scale for safe drivers that offers adiscount of 4 per cent for each year of claims and offence-freedriving to a maximum discount of 40 per cent. Vehicle ownerswith a 10-year clean driving record would receive a discount of 40per cent as compared to a new driver who would get a 4 per centdiscount after the first year of safe driving.

3. The Committee recommends a scale for a poor driving record toinclude a modest $25 for each of the first two positions on thescale, followed by sharp increases in costs as demerit points areaccumulated. The objective is to collect higher premiums fromdrivers who have poor driving records. The exact scale, includingdemerit points for traffic offences, must be set out in theappropriate legislation.

4. The Committee recommends under the proposed model that asignificant amount of resources be dedicated to road safetyinitiatives to reduce collisions, injuries, deaths and claims. NBPIin partnership with relevant organizations and institutions suchas governments, law enforcement agencies, seniors organizationsand schools develop a series of safety initiatives targeted to theneeds of New Brunswick drivers.

5. The Committee recommends an Act to establish a publicautomobile insurance Crown corporation, mandate, governancestructure, benefit levels, operating policies and whatever isnecessary to establish in law such a corporation in a timelymanner.

6. The Committee recommends that the public automobileinsurance corporation be required to submit insurance rates to thepublic utilities board for approval. Rate changes are subject toreview and hearings where public participation and scrutiny areencouraged.

7. The Committee recommends the public automobile insurancecorporation appear before the Legislative Assembly of NewBrunswick’s Standing Committee on Crown Corporations asrequired.


8. The Committee recommends the public automobile insuranceCrown corporation issue an annual report with audited financialstatements at an annual general public meeting.

9. The Committee recommends that the Province of New Brunswickwork closely with the Government of Canada to ensure theproposed public automobile insurance model meets allobligations under international trade agreements.

10. The Committee recommends a team be put in place to begin thepre-operating phase of the public automobile insurance system assoon as the Crown corporation has been established.

11. The Committee recommends that a specific date be chosen for themove from the private to a public automobile insurance system.All policies sold under the present system would be converted tothe public system on that date.

12. The Committee recommends that the public automobileinsurance Crown corporation establish advisory committees toinclude stakeholders to explain the public system and determinehow it will operate. These stakeholders include insurance brokersand agents, private insurance companies, medical professionals,vehicle repair professionals and other such parties to theinsurance process.

13. The Committee recommends that the public automobileinsurance Crown corporation work closely with private sectoremployers and the Department of Training and EmploymentDevelopment to ensure that a worker transition strategy isdeveloped and that all reasonable efforts are undertaken to assistdisplaced automobile insurance workers in making a successfulwork transition.


By Hon. E. Robichaud,Bill 37, Human Tissue Gift Act.

By Hon. Ms. Fowlie,Bill 38, An Act Respecting Sunday Shopping.


Hon. Mr. Green announced that following second reading, it was theintention of the government that the House resolve itself into aCommittee of the Whole and, with the unanimous consent of the


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

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

The Order being read for second reading of Bill 28, An Act to Amendthe Municipal Elections Act, a debate arose thereon.


Accordingly, Bill 28, An Act to Amend the Municipal Elections Act, wasread a second time and ordered referred to the Committee of theWhole House.

The Order being read for second reading of Bill 29, An Act to Amendthe Mental Health Act, a debate arose thereon.


Accordingly, Bill 29, An Act to Amend the Mental Health Act, was read asecond time and ordered referred to the Committee of the WholeHouse.

The Order being read for second reading of Bill 30, An Act to Amendthe Medical Services Payment Act, a debate arose thereon.


Accordingly, Bill 30, An Act to Amend the Medical Services Payment Act,was read a second time and ordered referred to the Committee of theWhole House.

The required two hours’ notice having been given earlier in thesitting, Mr. Speaker invited the Member for Fredericton-FortNashwaak to state his Question of Privilege.

In stating his Question of Privilege, Mr. Lamrock submitted that theMinister of Finance had disregarded due process and anticipated thedecision of the House by implementing the budget reductions priorto the budget being approved by the Legislative Assembly.


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

Mr. Speaker then invited the Member for Saint John Harbour to stateher Question of Privilege.

In stating her Question of Privilege, Ms. Weir submitted that it is anaccepted principle that a Committee of the House has the right tohave its confidential deliberations and reports protected by privilegeand submitted that the disclosure and publication of the Committee’sdraft report constitutes a breach of privilege of the House and itsMembers.

Mr. Speaker delivered the following ruling with respect to theQuestion of Privilege raised by Ms. Weir, the Member for Saint JohnHarbour:

STATEMENT BY SPEAKERHonourable Members,

The Member for Saint John Harbour, in her role as the Chair of theSelect Committee on Public Automobile Insurance, has raised a veryvalid matter concerning the confidentiality of committeedeliberations. There is no doubt that the deliberations of allcommittees are to be respected and to remain confidential until thecommittee reports to the House.

Based on the information presented and previous precedents of theHouse, I am satisfied that there is a prima facie case that a breach ofprivilege has been committed and that the matter is being raised atthe earliest opportunity.

Pursuant to the Standing Rules, I would therefore invite the Memberfor Saint John Harbour to proceed with her motion.

Ms. Weir moved, seconded by Mr. Stiles:

THAT the matter of the leaking of the draft report of the SelectCommittee on Public Automobile Insurance be referred to theStanding Committee on Privileges.

Mr. Speaker, having read the motion, put the question, and themotion was carried in the affirmative.

It was agreed by unanimous consent to vary the hours of sitting, torecess at 12.30 o’clock p.m., to resume at 1.15 o’clock p.m. and toadjourn no later than 4.30 o’clock p.m.


At 12.30 o’clock p.m., the Speaker left the chair to resume again at1.15 o’clock p.m.

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

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

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

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

The Order being read for second reading of Bill 35, An Act to Amendthe Assessment Act, a debate arose thereon.



Accordingly, Bill 35, An Act to Amend the Assessment Act, was read asecond time and ordered referred to the Committee of the WholeHouse.

The Order being read for second reading of Bill 36, An Act to Repealthe Bulk Sales Act, a debate arose thereon.


Accordingly, Bill 36, An Act to Repeal the Bulk Sales Act, was read asecond time and ordered referred to the Committee of the WholeHouse.

The House resolved itself into Committee of the Whole withMr. Holder in the chair.

At 2.37 o’clock p.m., the Chairman declared a recess and left thechair.

2.45 o’clock p.m.

The Committee resumed.

And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported:

That the Committee had directed him to report progress on thefollowing Bill:

Bill 28, An Act to Amend the Municipal Elections Act.





Tuesday, April 6, 2004.

1 o’clock p.m.

Prayers.

Mr. S. Graham, the Member for Kent, laid upon the table of theHouse a petition signed by citizens of Saint Charles, Kent County,requesting that the government make the necessary repairs to roadsin the northern and southern parts of the parish. (Petition 27)


By Mr. S. Graham,Bill 39, Fiscal Transparency Act.


The following Private Bill was introduced and read a first time:

By Mr. Holder,Bill 40, An Act to Incorporate the New Brunswick Association of

Medical Radiation Technologists.

Ordered referred to the Standing Committee on Private Bills.

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

Mr. Paulin gave Notice of Motion 76 that on Tuesday, April 13, 2004,he would move the following resolution, seconded by Mr. Landry:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all correspondence, e-mails, faxes, and letters sent by residentsand groups to the Department of Natural Resources and/or theMinister of Natural Resources about Mount Carleton Provincial Parkfor the period from January 1, 2002, to April 6, 2004.


Hon. Mr. Alward gave Notice of Motion 77 that on Tuesday,April 13, 2004, he would move the following resolution, secondedby Hon. P. Robichaud:WHEREAS commercial fisheries are an essential part of the economicand cultural life of coastal New Brunswick;WHEREAS on March 25th, 2004 the Federal Minister of Fisheries andOceans announced his intention to stabilize the allocations for over29 Atlantic fisheries, including Gulf Snow Crab and released a PolicyFramework for the Management of Fisheries on Canada’s East Coast,a comprehensive blueprint to guide fisheries management;WHEREAS this Policy Framework states that fisheries managementdecision-making processes must be, and must be seen to be, fair,transparent and subject to clear and consistent rules and procedures;WHEREAS in 2003, the Federal Minister of Fisheries and Oceansannounced a three-year management plan for Gulf Snow Crab thatset fleet and sector allocations and shares for 2003-2005 whichrecognized New Brunswick’s provincial historic shares of the fishery;WHEREAS on April 1st, 2004, the Federal Minister of Fisheries andOceans unilaterally altered the three-year crab management plan atthe expense of New Brunswick’s provincial historic shares and indirect contradiction of the principles of the Atlantic Fisheries PolicyFramework, and;WHEREAS the effect of this decision is the reallocation of 320 tons ofNew Brunswick Gulf Snow Crab to another jurisdiction with a directloss of $2.1 M to New Brunswick fishermen and a loss of nearly $6Min economic activity for the province for the year 2004 alone.BE IT RESOLVED that the Legislative Assembly express its supportfor the principle of allocation decision-making processes being fair,transparent and subject to clear and consistent rules and proceduresas contained in the Atlantic Fisheries Policy Framework.BE IT FURTHER RESOLVED that the Legislative Assembly urge thefederal government to reaffirm the provincial historic sharesenshrined in the 2003-2005 Gulf Snow Crab management plan,respect prior commitments to this province and restore the 2003-2005New Brunswick allocations so as to be consistent with the AtlanticFisheries Policy Framework.

Mr. Arseneault gave Notice of Motion 78 that on Tuesday, April 13,2004, he would move the following resolution, seconded byMr. Boudreau:


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

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

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

The Order being read for second reading of Bill 37, Human Tissue GiftAct, a debate arose thereon.

And the debate being ended, and the question being put thatBill 37 be now read a second time, it was resolved in the affirmative.

Accordingly, Bill 37, Human Tissue Gift Act, was read a second timeand ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 38, An Act RespectingSunday Shopping, a debate arose thereon.


Accordingly, Bill 38, An Act Respecting Sunday Shopping, was read asecond time and ordered referred to the Committee of the WholeHouse.






Mr. Steeves rose on a point of order and submitted that Mr. Jamieson,the Member for Saint John Fundy, was referring to the Premier byname rather than by constituency.

Mr. Deputy Speaker cautioned all Members against the use of propernames of Members in the House.

And after some time, Mr. Sherwood took the chair as Acting Speaker.

And after some further time, Mr. C. LeBlanc, the Deputy Speaker,resumed the chair.

And the debate continuing, after some time, Mr. Speaker resumedthe chair.

And after some time, Mr. Speaker interrupted proceedings andadvised the House that the hour of daily adjournment had arrived.



Documents requested in Notice of Motion 60 January 9, 2004Documents requested in Notice of Motion 63 January 13, 2004Documents requested in Notice of Motion 67 January 20, 2004Documents requested in Notice of Motion 58 January 28, 2004


Wednesday, April 7, 2004.

10 o’clock a.m.

Prayers.

Mr. Boudreau offered condolences to the family of five-year oldkindergarten student Remi Cormier of Grand-Barachois, N.B., wholost his life on Tuesday, April 6, 2004, in a tragic school bus accident.

The House observed a moment of silence in memory ofRemi Cormier.

Mr. Speaker delivered a ruling with respect to the Question ofPrivilege raised by the Member for Fredericton-Fort Nashwaak onFriday last:


Honourable Members,

At this time, I am prepared to rule on the question of privilege thatwas raised by the member for Fredericton-Fort Nashwaak on Fridaylast. The member stated that his question of privilege involved theissue of anticipating the vote on the budget before the House has hadan opportunity to consider and approve the budget itself.

The member cited media reports that the government had begun toreduce the number of positions in the civil service, as outlined in thegovernment’s budget. The member submitted that by taking thisaction prior to the budget being considered and approved by theHouse, the government has either breached the rule of anticipationor has obstructed or impeded the House in the performance of itsfunctions, which has resulted in an offence against the authority ordignity of the House.

The Government House Leader, in speaking on the point ofprivilege, stated that the purpose of the estimates process is to havethe legislative branch of government decide on the spendingparameters, not only for government as a whole, but for individualdepartments. The Government House Leader submitted that it isentirely at the discretion of individual departments to spend lessmoney than has been allocated and that it is incumbent upon individualdepartments and ministers to take whatever steps they can to reducecost measures, both before and after the estimates are approved.

At this stage, it may be useful to review the nature of parliamentaryprivilege. Parliamentary privilege relates to the rights andimmunities that belong to Parliament, its members, and others,


which are essential for the operation of Parliament. These rights andimmunities allow the Legislature to meet and carry out its properconstitutional role, allow members to discharge their responsibilitiesto their constituents, and allow others involved in the parliamentaryprocess to carry out their duties and responsibilities withoutobstruction or fear of prosecution.Privileges are generally categorized under five headings: freedom ofspeech, freedom from arrest in civil actions, exemptions from juryduty, exemptions from attendance as a witness, and freedom frommolestation. In the matter before us, I cannot find that any of theaforementioned privileges have been breached by the actions of thegovernment.Contempts, on the other hand, cannot be enumerated or categorized.Contempts are offences against the authority or dignity of the House.Contempt is defined in the 22nd edition of Erskine May, on page 108:

Any act or omission which obstructs or impedes either House . . . in theperformance of its functions, or which obstructs or impedes any Member orofficer of such House in the discharge of his duty, or which has a tendency,directly or indirectly, to produce such results may be treated as a contempteven though there is no precedent of the offence.

I cannot find that the situation described by the member forFredericton-Fort Nashwaak is one that obstructs or impedes theHouse in the performance of its functions. Members are free todebate and criticize the budget and to approve or reject the estimatesfor each department.It has been argued that the government, by acting to reduce thenumber of positions in the civil service while the budget is underconsideration, is anticipating a decision of the House. The budget,however, is a general statement outlining the government’s fiscal,social, and economic policies and priorities. Although thegovernment’s budgetary policy is put before the House for approval,its ongoing consideration in no way precludes the government fromcontinuing to administer the day-to-day affairs of the province.As noted by the member for Fredericton-Fort Nashwaak, theexecutive branch remains accountable to the legislative branch for itsactions. Indeed, as noted in Marleau and Montpetit’s House ofCommons Procedure and Practice on page 697, “No tax may be imposed,or money spent, without the consent of Parliament.”However, section 35 of the Financial Administration Act clearly sets outthe authority of the government to continue to make payments outof the consolidated fund to provide for the ordinary public services,


from the beginning of the fiscal year until such time as supply isvoted by the Legislature.Accordingly, I am unable to find that there is a prima facie case that abreach of privilege has been committed. I thank both honourablemembers for their comments.

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


By Mr. Holder,Bill 41, An Act to Incorporate the New Brunswick Institute of

Agrologists.Ordered referred to the Standing Committee on Private Bills.

Mr. Arseneault gave Notice of Motion 79 that on Tuesday, April 15,2004, he would move the following resolution, seconded byMr. Paulin:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents, correspondence, e-mails, reports and privatecontracts in regard to the Workforce Adjustment Program asannounced in the 2004-2005 Budget, procedure for determiningsurplus positions and the timeline for the implementation of thesaid program.

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

The Order being read for second reading of Bill 39, Fiscal TransparencyAct, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker,Mr. Holder, the Deputy Speaker , took the chair as Acting Speaker.And after some further time, Mr. Holder, the Deputy Speaker,cautioned Mr. MacDonald to keep his remarks relevant to the


principle of the Bill under discussion. Mr. Deputy Speakerinterrupted debate on two more occasions cautioning the Memberto keep his remarks relevant to the debate and reciting StandingRule 19 which empowers the Speaker or Chairman to direct that aMember discontinue speaking if the Member persists in irrelevantor tedious repetition of arguments.

And the debate continuing, after some time, Mr. Holder, the DeputySpeaker, interrupted Mr. MacDonald and recognized the Hon. Mr. Volpé.

At 12.30 o’clock p.m., Mr. Holder, the Deputy Speaker, left the chair toresume again at 2 o’clock p.m.

2 o’clock p.m.

Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker.

Debate resumed on the motion for second reading of Bill 39.

And after some time, Mr. C. LeBlanc, the Deputy Speaker, took thechair as Acting Speaker.

And after some time, Mr. Holder resumed the chair.


And the debate being ended, and the question being put thatBill 39 be now read a second time, the motion was negatived on thefollowing recorded division:

YEAS - 23Mr. Jamieson Mr. Ouellette Mr. ForanMr. MacIntyre Ms. Robichaud Mr. AlbertMr. Allaby Mr. Lamrock Mr. A. LeBlancMr. S. Graham Mr. Targett Mr. PaulinMr. Haché Mr. Burke Mr. DoucetMr. Landry Mr. Murphy Mr. BoudreauMr. Branch Mr. Kenny Mr. BrewerMs. Weir Mr. Arseneault

NAYS - 24Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Hon. Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. Mr. Graham Hon. Ms. Fowlie Mr. HolderHon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlanc






And after some further time, Mr. C. LeBlanc, the Deputy Speaker,took the chair as Acting Speaker.

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


And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert to the Orderof Presentations of Committee Reports, reported:

That the Committee had directed him to report the following Bill asamended:







1 o’clock p.m.

Prayers.

Mr. Speaker interrupted routine proceedings and reminded Membersthat cell phones, blackberries and other similar electrical devicesmust be operated in a silent manner while Members are in theChamber.

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

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

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

The following Bill was read a third time:


Ordered that the said Bill does pass.

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

2.27 o’clock p.m.





The Legislative Assembly of the Province of New Brunswick haspassed a Bill at the present sittings of the Legislature to which, in thename and on behalf of the said Legislative Assembly, I respectfullyrequest Your Honour’s assent.






To this Bill, His Honour’s assent was announced by the ClerkAssistant of the Legislative Assembly in the following words:

In Her Majesty’s name, His Honour the Lieutenant-Governor assentsto this Bill, enacting the same and ordering it to be enrolled.






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




1 o’clock p.m.

Prayers.

Mr. Doucet gave Notice of Motion 80 that on Tuesday, April 20, 2004,he would move the following resolution, seconded by Mr. Boudreau:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documentation, memorandums, e-mails, faxes, letters,briefing notes between NB Power officials and civil servants and/orgovernment Members regarding the delay in NB Power restructuringfrom March 1, 2004, to April 13, 2004.

Mr. Arseneault gave Notice of Motion 81 that on Tuesday, April 20,2004, he would move the following resolution, seconded byMr. Boudreau:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse by the Office of Human Resources, Absenteeism Reports fromeach provincial government department–both Monthly Reports andAnnual Reports. We ask also that Absenteeism Reports provided toDeputy Ministers be tabled in the House which detail the averagenumber of sick days taken and the associated cost for their owndepartment employees and for the Civil Service as a whole. TheseReports are those referred to in the Auditor General’s Report sinceApril 1, 2002, until March 31, 2004.

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

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






And after some time, Mr. Burke rose on a Point of Order that theMember for Dieppe-Memramcook was referring to people outsidethe Chamber.

Mr. Holder, the Deputy Speaker, reminded all Members not tocomment on the absence of a Member.

And after some further time, the debate was, on motion ofHon. Mr. Green, on behalf of the Honourable the Premier,adjourned over.



Documents requested in Notice of Motion 73 April 8, 2004



10 o’clock a.m.

Prayers.




And the debate being ended, and the question being put,Motion 65 was resolved in the affirmative on the followingrecorded division:

YEAS - 27

Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

NAYS - 26

Mr. McGinley Ms. Weir Mr. ArseneaultMr. Jamieson Mr. Kennedy Mr. ForanMr. MacIntyre Mr. Ouellette Mr. AlbertMr. Allaby Ms. Robichaud Mr. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny

Mr. Speaker, at the request of Hon. Mr. Green, reverted toGovernment Motions for the Ordering of the Business of the House.

Hon. Mr. Green announced that it was the intention of thegovernment that the House resolve itself into a Committee of Supplyto be granted to Her Majesty forthwith.



And after some time spent therein, Mr. Speaker resumed the chairand Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee, proceeding in the matter under consideration, hadpassed 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 itsreport and agrees in its resolution that Supply be granted to HerMajesty.


Hon. Mr. Green requested that Mr. Speaker revert to GovernmentMotions for the Ordering of the Business of the House.

On motion of Hon. Mr. Green, seconded by Hon. Mr. Lord,

RESOLVED, that consideration of Main Estimates 2004-2005 inCommittee of Supply be added to the Orders of the Day until suchtime as they are dispatched.

And then, 11.37 o’clock a.m., the House adjourned.



1 o’clock p.m.

Prayers.

Hon. Mr. Green recognized the work of the Canadian BarAssociation, New Brunswick Branch, in establishing a provincialLaw Day to commemorate the signing of the Charter of Rights andFreedoms.

He also recognized this day as the 114th anniversary of Sir Pierre-Armand Landry’s becoming the first Acadian judge in NewBrunswick. Sir Landry was the first Acadian lawyer, the first Acadianprovincial cabinet minister, the first Acadian Judge of the CountyCourt, the first Acadian to serve on the Supreme Court of KingsBench, and the first Acadian to become knighted by the King.

Following Oral Questions, Mr. Lamrock stood on a Point of Orderand submitted that Hon. Mr. Fitch had used an unparliamentaryterm in responding to a question.

Hon. Mr. Fitch apologized to the House and withdrew the comment.

Mr. Allaby gave Notice of Motion 82 that on Thursday, April 22, 2004,he would move the following resolution, seconded by Mr. Boudreau:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse a description of the changes to snow clearing routes to takeeffect with the closure of snow sheds included with the Departmentof Transportation budget for 2004-2005 including snowplowassignments before the changes and plow assignments after thechanges.

Mr. Murphy gave Notice of Motion 83 that on Thursday, April 22,2004, he would move the following resolution, seconded byMr. Boudreau:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse all correspondence including but not limited to e-mails, lettersor memos between the Minister of Family and Community Servicesand regional Family and Community Services offices concerning anyor all of the following: downsizing or layoffs, or capping of funds, orrestrictions in funding, or any budgetary measures taken by


correspondence, to the offices, agents, workers or employees, or anyother person affected by budgetary cuts or restrictions of hisdepartment since the tabling of the budget.

Mr. S. Graham gave Notice of Motion 84 that on Thursday, April 22,2004, he would move the following resolution, seconded byMr. Ouellette:

WHEREAS the mandate of the mission of the Auditor-General is topromote accountability by providing objective information to thepeople of New Brunswick through the Legislative Assembly;

WHEREAS the Auditor-General reports only to the people’srepresentatives in the Legislative Assembly and not to government;

WHEREAS it is evident that this matter should be subject toindependent, external investigation;

BE IT THEREFORE RESOLVED that the Legislature direct thegovernment to refer this matter to the Auditor-General so that hemight audit the decision-making process that took place at NB Powerand within Government with respect to the refurbishment ofColeson Cove, the fuel delivery agreement and the proposedagreement to supply orimulsion to NB Power.

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

Hon. Mr. Green announced that the government would agree toconsider Private Members’ Motion 84 forthwith, following which, itwas the intention of government that the House considerGovernment Motion 77.

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

It was agreed by unanimous consent that the House recess for fiveminutes.

Accordingly, at 2.41 o’clock p.m., Mr. Speaker declared a five-minuterecess and left the chair.


2.53 o’clock p.m.


Mr. S. Graham moved the following resolution, seconded byMr. Ouellette (Motion 84):

WHEREAS the mandate of the mission of the Auditor-General is topromote accountability by providing objective information to thepeople of New Brunswick through the Legislative Assembly;

WHEREAS the Auditor-General reports only to the people’srepresentatives in the Legislative Assembly and not to government;

WHEREAS it is evident that this matter should be subject toindependent, external investigation;

BE IT THEREFORE RESOLVED that the Legislature urge thegovernment to refer this matter to the Auditor-General so that hemight audit the decision-making process that took place at NB Powerand within Government with respect to the refurbishment ofColeson Cove, the fuel delivery agreement and the proposedagreement to supply orimulsion to NB Power.


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 continuing, after some time Hon. Mr. Green stood ona Point of Order and submitted that Mr. Jamieson had suggested thatanother Member had misled the House. Mr. Jamieson subsequentlyapologized to the House and withdrew the comment.

And the debate being ended and the question being put, Motion 84was negatived on the following recorded division:

YEAS - 19

Mr. McGinley Mr. Lamrock Mr. ForanMr. Jamieson Mr. Targett Mr. AlbertMr. Allaby Mr. Burke Mr. PaulinMr. Landry Mr. Murphy Mr. DoucetMr. Branch Mr. Kenny Mr. BoudreauMr. Ouellette Mr. Arseneault Mr. BrewerMs. Robichaud


NAYS - 25

Hon. Ms. Blaney Hon. Ms. Dubé Mr. BettsHon. E. Robichaud Hon. Ms. Poirier Mr. MalleyHon. Mr. Mesheau Hon. Mr. Ashfield Mr. WilliamsHon. Mr. Volpé Hon. Mr. Fitch Mr. CarrHon. D. Graham Hon. Ms. Fowlie Mr. MacDonaldHon. Mr. Mockler Hon. P. Robichaud Mr. StilesHon. Ms. MacAlpine Hon. Mr. Alward Mr. HolderMr. Sherwood Hon. Mr. Huntjens Mr. C. LeBlancHon. Mr. Steeves

Pursuant to Notice of Motion 77, Hon. Mr. Alward moved thefollowing resolution, seconded by Mr. P. Robichaud:WHEREAS commercial fisheries are an essential part of the economicand cultural life of coastal New Brunswick;WHEREAS on March 25th, 2004 the Federal Minister of Fisheries andOceans announced his intention to stabilize the allocations for over29 Atlantic fisheries, including Gulf Snow Crab and released a PolicyFramework for the Management of Fisheries on Canada’s East Coast,a comprehensive blueprint to guide fisheries management;WHEREAS this Policy Framework states that fisheries managementdecision-making processes must be, and must be seen to be, fair,transparent and subject to clear and consistent rules and procedures;WHEREAS in 2003, the Federal Minister of Fisheries and Oceansannounced a three-year management plan for Gulf Snow Crab thatset fleet and sector allocations and shares for 2003-2005 whichrecognized New Brunswick’s provincial historic shares of the fishery;WHEREAS on April 1st, 2004, the Federal Minister of Fisheries andOceans unilaterally altered the three-year crab management plan atthe expense of New Brunswick’s provincial historic shares and indirect contradiction of the principles of the Atlantic Fisheries PolicyFramework, and;WHEREAS the effect of this decision is the reallocation of 320 tons ofNew Brunswick Gulf Snow Crab to another jurisdiction with a directloss of $2.1 M to New Brunswick fishermen and a loss of nearly $6Min economic activity for the province for the year 2004 alone.BE IT RESOLVED that the Legislative Assembly express its supportfor the principle of allocation decision-making processes being fair,transparent and subject to clear and consistent rules and proceduresas contained in the Atlantic Fisheries Policy Framework.


BE IT FURTHER RESOLVED that the Legislative Assembly urge thefederal government to reaffirm the provincial historic sharesenshrined in the 2003-2005 Gulf Snow Crab management plan,respect prior commitments to this province and restore the 2003-2005New Brunswick allocations so as to be consistent with the AtlanticFisheries Policy Framework.



And after some further time, the debate was interrupted by theexpiration of time.



Friday, April 16, 2004.

10 o’clock a.m.

Prayers.

Hon. Mr. Fitch laid upon the table of the House a document entitledPoint Lepreau Refurbishment Review, Dr. Robin Jeffrey, April 2004.

On motion of Hon. Mr. Green, seconded by Hon. P. Robichaud,

RESOLVED, that the membership of the Legislative AdministrationCommittee be amended by deleting the name of Mr. S. Graham andsubstituting Mr. McGinley.


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

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

Debate resumed on Motion 77, moved by Hon. Mr. Alward,seconded by Hon. P. Robichaud, as follows:

WHEREAS commercial fisheries are an essential part of the economicand cultural life of coastal New Brunswick;

WHEREAS on March 25th, 2004, the Federal Minister of Fisheries andOceans announced his intention to stabilize the allocations for over29 Atlantic fisheries, including Gulf Snow Crab and released a PolicyFramework for the Management of Fisheries on Canada’s East Coast,a comprehensive blueprint to guide fisheries management;

WHEREAS this Policy Framework states that fisheries managementdecision-making processes must be, and must be seen to be, fair,transparent and subject to clear and consistent rules and procedures;

WHEREAS in 2003, the Federal Minister of Fisheries and Oceansannounced a three-year management plan for Gulf Snow Crab thatset fleet and sector allocations and shares for 2003-2005 whichrecognized New Brunswick’s provincial historic shares of the fishery;


WHEREAS on April 1st, 2004, the Federal Minister of Fisheries andOceans unilaterally altered the three-year crab management plan atthe expense of New Brunswick’s provincial historic shares and indirect contradiction of the principles of the Atlantic Fisheries PolicyFramework, and;

WHEREAS the effect of this decision is the reallocation of 320 tons ofNew Brunswick Gulf Snow Crab to another jurisdiction with a directloss of $2.1 M to New Brunswick fishermen and a loss of nearly$6M in economic activity for the province for the year 2004 alone.

BE IT RESOLVED that the Legislative Assembly express its supportfor the principle of allocation decision-making processes being fair,transparent and subject to clear and consistent rules and proceduresas contained in the Atlantic Fisheries Policy Framework.

BE IT FURTHER RESOLVED that the Legislative Assembly urge thefederal government to reaffirm the provincial historic sharesenshrined in the 2003-2005 Gulf Snow Crab management plan,respect prior commitments to this province and restore the 2003-2005New Brunswick allocations, so as to be consistent with the AtlanticFisheries Policy Framework.


At 12.30 o’clock p.m., Mr. Holder, the Deputy Speaker, interruptedthe debate and left the chair.

1 o’clock p.m.

Mr. Holder, the Deputy Speaker resumed the chair as Acting Speaker.

And after some time, the debate being ended and the question beingput, Motion 77 was resolved in the affirmative.


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 ofCommittee Reports, reported that the Committee had had underconsideration the matters referred to them, had made some progresstherein, and asked leave to sit again.






1 o’clock p.m.

Prayers.


By Mr. S. Graham,Bill 42, An Act to Amend the Auditor General Act.

By Hon. Ms. Fowlie,Bill 43, An Act to Amend the Municipalities Act.

By Hon. Mr. Green,Bill 44, Securities Act.

By Hon. Mr. Ashfield,Bill 45, An Act to Amend the Quarriable Substances Act.


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

Pursuant to Notice of Motion 3, Mr. S. Graham, seconded byMr. MacIntyre moved:

WHEREAS the annual budget of the Department of Healthcomprises the largest percentage of the New Brunswick provincialbudget;



AND WHEREAS the final report of the Romanow Commission onthe Future of Health Care in Canada recommends the establishmentof accountability as the sixth principle of the Canada Health Act;

BE IT THEREFORE RESOLVED that the Legislative Assemblyendorse the addition of “Accountability” as the sixth principle of theCanada Health Act;


AND BE IT FURTHER RESOLVED that the Legislative Assemblyurge the government to encourage other governments to support theaddition of this sixth principle.



And after some time, Hon. E. Robichaud, seconded byHon. Mr. Volpé, moved in amendment:

AMENDMENT

That Motion 3 be amended by:

adding the following two clauses after the fourth “Whereas” clause:

“AND WHEREAS the Government of Canada and the provincesentered into Medicare funding on a 50:50 basis;

AND WHEREAS today the federal government only provides16.5% of funding for Medicare services, while the Romanow reportrecommends a minimum of 18%, increasing to 25%;”

and by deleting all the words after “BE IT THEREFORE RESOLVED”and replacing them with the following:

“that the Legislative Assembly endorses “accountability toCanadians” as a principle to be added to the Canada Health Act;

AND BE IT FURTHER RESOLVED that the Legislative Assembly alsoendorses the concept of “sustainability of federal funding” as anotherprinciple of the Canada Health Act, to ensure accountability for bothhealth spending and health funding.”


At 3.01 o’clock p.m., Mr. C. LeBlanc, the Deputy Speaker, declared arecess and left the chair.

3.15 o’clock p.m.

Mr. C. LeBlanc, the Deputy Speaker resumed the chair.

Debate resumed on the amendment to Motion 3.

And after some time, Mr. Lamrock, seconded by Mr. MacIntyre,moved a sub-amendment, as follows:

SUB-AMENDMENT

That the amendment to Motion 3 be amended by:

In the first resolution clause, after the word “accountability”removing “to Canadians”.



At 3.30 o’clock p.m., Mr. C. LeBlanc, the Deputy Speaker, declared arecess and left the chair

3.38 o’clock p.m.

Mr. C. LeBlanc, the Deputy Speaker, resumed the chair as ActingSpeaker.

Debate resumed on the sub-amendment to the amendment toMotion 3.

And the debate being ended and the question being put, the sub-amendment was negatived.

The debate being ended on the amendment to Motion 3, the Speakerput the question and the amendment was carried.

Debate resumed on Motion 3 as amended as follows:

WHEREAS the annual budget of the Department of Healthcomprises the largest percentage of the New Brunswick provincialbudget;



AND WHEREAS the final report of the Romanow Commission onthe Future of Health Care in Canada recommends the establishmentof accountability as the sixth principle of the Canada Health Act;

AND WHEREAS the Government of Canada, and the provincesentered into Medicare funding on a 50:50 basis;

AND WHEREAS today the federal government only provides16.5% of funding for Medicare services, while the Romanow Reportrecommends a minimum of 18%, increasing to 25%;

BE IT THEREFORE RESOLVED that the Legislative Assemblyendorses “accountability to Canadians” as a principle to be added tothe Canada Health Act;

AND BE IT FURTHER RESOLVED that the Legislative Assembly alsoendorses the concept of “sustainability of federal funding” as anotherprinciple of the Canada Health Act, to ensure accountability for bothhealth spending and health funding.


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


And after some time, Mr. Speaker resumed the Chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, and asked leave to sit again.




Documents requested in Notice of Motion 52 April 16, 2004



10 o’clock a.m.

Prayers.

Mr. S. Graham laid upon the table of the House a petition signed byresidents of several Kent County communities who request that thegovernment make major repairs to a 5 km section of the Richibucto-Village Road. (Petition 29)

Hon. P. Robichaud laid upon the table of the House the followingdocument:

Request for Proposals, Trans-Canada Highway Project, for the Design,Construction, Financing, Operation, Maintenance, and Rehabilitation ofRoute 2, between the Quebec Border and Longs Creek, and Route 95.


By Mr. S. Graham,Bill 46, Child and Youth Advocate Act.

By Hon. Mr. Volpé,Bill 47, Supplementary Appropriations Act 2002-03 (2).


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

The Order being read for second reading of Bill 42, An Act to Amendthe Auditor General Act, a debate arose thereon.

Mr. Jamieson rose on a point of order and submitted that the Ministerof Finance was not speaking to the principle of the Bill underconsideration. Mr. Speaker reminded all Members to limit debate tothe principle of the Bill.



2 o’clock p.m.


Debate continued on the motion for second reading of Bill 42.

And the debate being ended, and the question being put thatBill 42 be now read a second time, the motion was negatived on thefollowing recorded division:

YEAS - 23Mr. McGinley Mr. Branch Mr. ArseneaultMr. Jamieson Mr. Kennedy Mr. ForanMr. MacIntyre Mr. Ouellette Mr. AlbertMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. DoucetMr. Haché Mr. Burke Mr. BoudreauMr. Armstrong Mr. Murphy Mr. BrewerMr. Landry Mr. Kenny

NAYS - 24Hon. Ms. Blaney Hon. Mr. Steeves Hon. Mr. HuntjensHon. E. Robichaud Hon. Ms. Dubé Mr. BettsHon. Mr. Volpé Hon. Ms. Poirier Mr. MalleyHon. Mr. Green Hon. Mr. Ashfield Mr. WilliamsHon. D. Graham Hon. Mr. Fitch Mr. CarrHon. Mr. Mockler Hon. Ms. Fowlie Mr. StilesHon. Ms. MacAlpine Hon. P. Robichaud Mr. HolderMr. Sherwood Hon. Mr. Alward Mr. C. LeBlanc

The Order being read for second reading of Bill 43, An Act to Amendthe Municipalities Act, a debate arose thereon.


Accordingly, Bill 43, An Act to Amend the Municipalities Act, was read asecond time and ordered referred to the Committee of the WholeHouse.

The Order being read for second reading of Bill 44, Securities Act, adebate arose thereon.


Accordingly, Bill 44, Securities Act, was read a second time andordered referred to the Committee of the Whole House.


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

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

The House resolved itself into Committee of the Whole withMr. 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 andMr. C. LeBlanc, the Chairman, after requesting that Mr. DeputySpeaker revert to the Order of Presentations of Committee Reports,reported:That the Committee had directed him to report the following Bill asagreed to:Bill 43, An Act to Amend the Municipalities Act.And the Committee asked leave to make a further report.Pursuant to Standing Rule 78.1, Mr. Deputy Speaker put the questionon the motion deemed to be before the House, that the report beconcurred in, and it was resolved in the affirmative.

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




1 o’clock p.m.

Prayers.

Mr. Williams extended congratulations to Antonine Maillet who wasrecently decorated with the Ordre National de la Légion d’Honneurby the French ambassador to Canada at a ceremony at the Pays de laSagouine, Bouctouche, Kent County. Ms. Maillet has long been anambassador for Acadie.

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

Following Oral Questions, Hon. Mr. Green stood on a Point of Orderand submitted that the Member for Fredericton-Fort Nashwaak hadreferred to the Premier by his name and in an unparliamentarymanner.

Mr. Speaker cautioned Members to refrain from referring to otherMembers in a negative or disrespectful manner and asked theMember for Fredericton-Fort Nashwaak to withdraw his comments,which he did.

Mr. Boudreau gave Notice of Motion 85 that on Thursday, April 29,2004, he would move the following resolution, seconded byMs. Robichaud:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents concerning the minimum/maximum time atschool policy under the collective agreement for both theAnglophone and Francophone school systems, including the policyand all correspondence, memoranda, e-mails, faxes, letters, reports,analyses, advice, recommendations, notes, minutes of meetings fromJanuary 2002 to the present.

Mr. Boudreau gave Notice of Motion 86 that on Thursday, April 29,2004, he would move the following resolution, seconded byMs. Robichaud:


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

Hon. Mr. Green announced that it was the intention of governmentthat following Private Members’ Motions, the House would resolveitself into a Committee of Supply to continue consideration of theestimates of the Department of the Environment and LocalGovernment.


Bill 43, An Act to Amend the Municipalities Act.


The Order being read for second reading of Bill 46, Child and YouthAdvocate Act, a debate arose thereon.


Accordingly, Bill 46, Child and Youth Advocate Act, was read a secondtime and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 47, SupplementaryAppropriations Act 2002-03 (2), a debate arose thereon.




Accordingly, Bill 47, Supplementary Appropriations Act 2002-03 (2), wasread a second time and ordered referred to the Committee of theWhole House.


Pursuant to Notice of Motion 13, Mr. Carr, seconded byMr. Sherwood, moved:

WHEREAS in its election platform entitled “Reaching Higher. GoingFurther,”, the government committed that New Brunswick will haveeven more funding directed to health and senior care; and

WHEREAS in “Reaching Higher. Going Further,’” the governmentcommitted that New Brunswick will have more doctors and nursesthan ever before; and

WHEREAS in “Reaching Higher. Going Further,” the governmentcommitted that New Brunswick will have shorter wait times for keyservices;

BE IT THEREFORE RESOLVED that the Legislative Assemblyencourage the government of New Brunswick to continue to deliverbetter health care to the people of New Brunswick.



And after some further time, Mr. MacIntyre, seconded byMr. Lamrock, moved in amendment:

AMENDMENT

That Motion 13 be amended in the resolution clause by deleting thewords “continue to”.


And after some time, due to the unavoidable absence of Mr. Speaker,Mr. Betts took the chair as Acting Speaker.

And after some further time, Mr. Holder, the Deputy Speaker, tookthe chair as Acting Speaker.


And the debate being ended and the question being put, theamendment was negatived.

And the question being put, Motion 13 was resolved in theaffirmative.

The House, according to Order, resolved itself into a Committee ofSupply with Mr. Holder in the chair.And after some time, Mr. Speaker resumed the Chair andMr. Holder, the Chairman, after requesting that Mr. Speaker revert


to Presentations of Committee Reports, reported that the Committeehad had under consideration the matters referred to them, had madesome progress therein, and asked leave to sit again.




Friday, April 23, 2004.10 o’clock a.m.

Prayers.

Mr. Boudreau gave Notice of Motion 87 that on Thursday, April 29,2004, he would move the following resolution, seconded byMr. Paulin:That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents relating to the literacy specialists in both theAnglophone and Francophone school systems, including the policyand all correspondence, memoranda, e-mails, faxes, letters, reports,analyses, advice, recommendations, notes, minutes of meetings sincethe announcement of the Premier’s Quality Learning Agenda to thepresent.

Mr. Boudreau gave Notice of Motion 88 that on Thursday, April 29,2004, he would move the following resolution, seconded byMr. Paulin:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents concerning the provincial education Review(school evaluation system) in both the Francophone and Anglophoneschool systems including all correspondence, memoranda, e-mails,faxes, letters, reports, analyses, advice, recommendations, notes,minutes from its inception to the present.

Hon. Mr. Green announced that it was the intention of governmentthat the House resolve itself into a Committee of Supply to continueconsideration of the estimates of the Department of the Environmentand Local Government, followed by the Royal Assent Ceremony at4 o’clock p.m.

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


At 12.30 o’clock p.m., the Chairman left the chair, to return at1 o’clock p.m.


1 o’clock p.m.


And after some time, the Honourable the Premier welcomed to theAssembly Mr. Philippe Guelluy, the French Ambassador to Canada,and Mr. Michel Freymuth, Consul General of France for the AtlanticProvinces.


And after some further time, Mr. Speaker resumed the Chair andMr. Holder, the Chairman, after requesting that Mr. Speaker revertto Presentations of Committee Reports, reported that the Committeehad had under consideration the matters referred to them, had madesome progress therein, and asked leave to sit again.







Bill 43, An Act to Amend the Municipalities Act.



To this Bill, His Honour’s assent was announced by the ClerkAssistant of the Legislative Assembly in the following words:

In Her Majesty’s name, His Honour the Lieutenant-Governor assentsto this Bill, enacting the same and ordering it to be enrolled.



200 May 452-53 Elizabeth II, 2003 - 2004

Tuesday, May 4, 2004.1 o’clock p.m.

PrayersMr. Speaker informed the House of the success of the 15th AnnualStudent Legislative Seminar, which was held from April 30 to May 2,2004, noting that the Model Parliament was, for the first time, openedwith a Speech from the Throne by the Lieutenant-Governor, HisHonour Herménégilde Chiasson.

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

Mr. Kenny, Member for Bathurst, laid upon the table of the House apetition on behalf of residents of the Bathurst area expressing theiropposition to the new policy established last year of putting maleand female patients in the same hospital room. (Petition 32)

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

The following Private Bills were introduced and read a first time:

By Mr. Holder,Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation

Canada Limited.

By Mr. Betts,Bill 49, An Act to Amend the Pension Plan for Employees of the City of

Moncton.

Ordered that the said Bills be referred to the Standing Committee onPrivate Bills.

Hon. Mr. Green announced that it was the intention of governmentthat following Private Members’ Motions, the House would resolveitself into a Committee of the Whole to take into consideration Bills31, 20, 35, 32, 36, 33, 34, and 30.

Pursuant to Notice of Motion 4, Mr. S. Graham, seconded byMr. Murphy moved:

May 4 201Journal of Assembly

WHEREAS under the current system of assessment for nursing homecare all that the family has earned and saved over the years will beassessed and used to keep the resident in the nursing home;

WHEREAS the remaining spouse will be left with nothing but thefamily house and a bare, poverty level pension;

WHEREAS this is a serious worry for many New Brunswickers;

BE IT THEREFORE RESOLVED that this legislature urge thegovernment to change the policy from an asset-based test to anincome-based test when determining support for nursing home care.

BE IT FURTHER RESOLVED that this legislature urge thegovernment to review the exemptions allowable to the home-basedspouse so as not to force liquidation of assets.

And the question being put, a debate ensued. And after some time,due to the unavoidable absence of Mr. Speaker, Mr. Holder, theDeputy Speaker took the chair as Acting Speaker.

And the debate being ended, and the question being put,Motion 4 was negatived on the following recorded decision:

YEAS - 19Mr. McGinley Ms. Robichaud Mr. AlbertMr. Jamieson Mr. Lamrock Mr. A. LeBlancMr. Allaby Mr. Murphy Mr. PaulinMr. Landry Mr. Kenny Mr. DoucetMr. Branch Mr. Arseneault Mr. BoudreauMr. Kennedy Mr. Foran Mr. BrewerMr. Ouellette

NAYS - 27Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. Mr. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

Mr. MacIntyre gave Notice of Motion 89 that on Thursday, May 11,2004, he would move the following resolution, seconded byMr. Lamrock:

202 May 452-53 Elizabeth II, 2003 - 2004

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

Mr. Arseneault gave Notice of Motion 90 that on Thursday, May 6,2004, he would move the following resolution, seconded byMr. Lamrock:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse a list of any appointments authorized by the Deputy Ministerof the Office of Human Resources under the auspices ofsections 15 and/or 16 of the Civil Service Act since June 1, 2003.

Mr. Arseneault gave Notice of Motion 91 that Thursday, May 6, 2004,he would move the following resolution, seconded by Mr. Lamrock:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse a list of any positions that were vacant in Part I of the CivilService as of April 1, 2004.

Mr. Speaker advised the House that Notices of Motions 89, 90 and91 would be set over until Tuesday, May 11, 2004 to allow two clearsitting days as required by the Standing Rules of the House.

The House resolved itself into a Committee of the Whole withMr. Holder in the chair.

And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that he had beendirected to report the following Bills as agreed to:

Bill 20, An Act Respecting Administrative Matters in Various CorporateActs.

Bill 35, An Act to Amend the Assessment Act.

That he had been directed to report the following Bill as agreed withamendments:



And that he had been directed to report progress on the followingBill:

Bill 32, An Act to Amend the Custody and Detention of Young Persons Act.




204 May 552 - 53 Elizabeth II, 2003 - 2004

Wednesday, May 5, 2004.

10 o’clock a.m.

Prayers.

Mr. Holder welcomed to the House Mr. René (Pepsi) Landry,Progressive Conservative Member for the constituency of MonctonNorth (1999-2003).

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

Hon. D. Graham announced that it was the intention of thegovernment that following third reading the House would resolveitself into Committee of Supply to consider the estimates of theDepartment of Education.


Bill 20, An Act Respecting Administrative Matters in Various CorporateActs.

Bill 31, An Act to Amend the Employment Standards Act.Bill 35, An Act to Amend the Assessment Act.

Ordered that said Bills do pass.


And after some time, the Chairman declared it to be 12.30 o’clockp.m., and left the chair, to resume again at 2 o’clock p.m.

2 o’clock p.m.


And after some time, Mr. Holder took the chair as Chairman.

And after some further time, Mr. Speaker resumed the chair andMr. Holder, the Chairman, after requesting that Mr. Speaker revert tothe Order of Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, and asked leave to sit again.




The following documents, having been deposited with the Clerk ofthe House, were laid upon the table of the House, pursuant toStanding Rule 39:

Documents requested in Notice of Motion 80 April 22, 2004Documents requested in Notice of Motion 76, 83 April 29, 2004Documents requested in Notice of Motion 75 April 30, 2004Documents requested in Notice of Motion 79, 81 May 4, 2004

206 May 652 - 53 Elizabeth II, 2003 - 2004

Thursday, May 6, 2004.1 o’clock p.m.

Prayers.

Mr. Speaker made the following statement to the House:


Before beginning today’s deliberations, honourable members, I wantto correct a comment that I made and that was reported in The DailyGleaner on May 6, 2004, where it is reported that “House Speaker BevHarrison, who chairs the committee, said Graham never told thecommittee he was resigning because he felt uncomfortable about thedeliberations.” That is the quote.

As honourable members are aware, the meetings of the LegislativeAdministration Committee are held in camera; therefore, as chair ofthe committee, I am not in a position to divulge any statements madeby a committee member during in camera deliberations. Therefore,any statements that are purported to have been made by me, andhave been reported in the media, are incorrect insofar as they relateto the proceedings of the committee.

What I can advise this House is that as chair of the LegislativeAdministration Committee, I meant to say that the Leader of theOpposition did not communicate to me personally, as chair, prior tothe meeting, the reason for his resigning from the committee, asstatements made directly to the committee by any member areconfidential.

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

Pursuant to Notice of Motion 5, Mr. S. Graham moved, seconded byMr. MacIntyre:

WHEREAS the ceiling levels for transfers for coverage of the cost ofprescription drugs from the provincial Prescription Drug Program forseniors to the Blue Cross plan for seniors were established in 1992 tobe $17 198 for a single senior and $26 955 for married seniors andhave remained at that level;

AND WHEREAS inflation over the years reduces the purchasingpower of seniors’ earnings;


AND WHEREAS the government has recognized this in its provincialincome tax legislation with a provision to prevent “bracket creep”;

BE IT THEREFORE RESOLVED that the Legislative Assembly ask thegovernment to examine the feasibility of making an adjustment tothis ceiling in the coming year to reflect the above index of inflationin the intervening years;

BE IT FURTHER RESOLVED that the Legislative Assembly ask thegovernment to consider adopting a policy that would automaticallyadjust the ceilings for the provincial Prescription Drug Programbased on an appropriate index of inflation to prevent bracket creepfrom imposing hardship on seniors.



And after some further time, Mr. Lamrock rose on a question ofprivilege concerning the Speaker of the House and gave notice of hisintention, pursuant to Standing Rule 9(2), to move the followingmotion, seconded by Mr. McGinley:

THAT the member for Hampton-Belleisle, the Speaker of theLegislative Assembly, be suspended from the position of Speaker ofthis House until such time as the Standing Committee on Privilegeshas investigated the allegations that the Speaker has, by acting in amanner inconsistent with the neutrality of his office, breached theprivileges of the House.

Mr. C. LeBlanc, the Deputy Speaker informed the House that thematter would be dealt with two hours hence.

Debate resumed on Motion 5 and after some time, Mr. Holder, theDeputy Speaker, took the chair as Acting Speaker.

And the debate being ended, and the question being put,Motion 5 was negatived.


At 4.27 o’clock p.m. the Chairman declared a recess and left the chair.

208 May 652 - 53 Elizabeth II, 2003 - 2004

4.29 o’clock p.m.

The Committee resumed with Mr. Holder in the chair.And after some time, due to the unavoidable absence of Mr. Speaker,Mr. C. LeBlanc, the Deputy Speaker, resumed the chair as ActingSpeaker, and Mr. Holder, the Chairman, after requesting thatMr. Deputy Speaker revert to Presentations of Committee Reports,reported that the Committee had had under consideration thematters referred to them, had made some progress therein, andasked leave to sit again.Pursuant to Standing Rule 78.1, Mr. Deputy Speaker then put thequestion on the motion deemed to be before the House, that thereport be concurred in, and it was resolved in the affirmative.

Mr. Deputy Speaker delivered the following ruling with respect tothe Question of Privilege raised earlier in the sitting by the Memberfor Fredericton Fort-Nashwaak:

STATEMENT BY DEPUTY SPEAKEREarlier in the sitting, the Member for Fredericton Fort- Nashwaakstood to give notice of his intention to raise a question of privilegeconcerning the Speaker of this House.

Honourable Members, the parliamentary authorities are clear—theactions of the Speaker are not to be criticized in debate, or by anyother means, except by way of substantive motion.

This is confirmed at pages 332-333 of Erskine May, 22nd Edition,pages 106-108 of La Procédure Parlementaire du Québec, 2e édition, and atpage 266 of Marleau and Monpetit’s House of Commons Procedure andPractice.

It is not in order to raise questions concerning the Speaker by meansof raising a question of privilege.

Indeed, remarks directed towards the Speaker in this way maythemselves be seen as constituting an attack on the authority andimpartiality of the Chair and are strictly out of order.

Honourable Members, the Speaker made a statement to the House atthe beginning of this sitting day concerning and clarifying hisremarks to the press. As I have stated, it is not now in order to raisethis matter as a question of privilege and accordingly I will not allowit to go forward.



And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that the Committeehad had under consideration the matters referred to them, had madesome progress therein, and asked leave to sit again.


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

210 May 752 - 53 Elizabeth II, 2003 - 2004

Friday, May 7, 2004.10 o’clock a.m.

PrayersMrs. Dubé, Minister of Education and MLA for Edmundston, laidupon the table of the House a petition on behalf of residents of thenorthwestern region of the province expressing opposition to theproposal by Bennett Environmental to incinerate at Belledune con-taminated soil from as far away as Texas and their opposition to thetransportation of such contaminated materials across the province.(Petition 34)

Mr. Sherwood, from the Standing Committee on Private Bills,presented the First report of the Standing Committee on Private Bills,which was read and is as follows:

May 7, 2004.To The HonourableThe Legislative Assembly ofThe Province of New BrunswickMr. Speaker:Your Standing Committee on Private Bills begs leave to submit this,their First Report of the session.Your Standing Committee on Private Bills met in an organizationalsession on August 6, 2003.On motion of Mr. Holder, Mr. Sherwood was elected Chairman.On motion of Mr. Holder, Mr. Betts was elected Vice-Chairman.Your Committee met again on May 4, 2004, in the Legislative CouncilChamber and had under consideration:Bill 40, An Act to Incorporate the New Brunswick Association of Medical

Radiation Technologists,which it recommends to the favourable consideration of the Housewith certain amendments.Your Committee also had under consideration:Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists,which it recommends to the favourable consideration of the House.And your Committee begs leave to make a further report.I move, seconded by Mr. Betts, that the report be concurred in by theHouse.

(Sgd.:) Milt Sherwood, MLA. Chairman.


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

Mr. S. Graham gave Notice of Motion 92 that on Thursday, May 13,2004, he would move the following resolution, seconded byMr. Lamrock:

WHEREAS the budget tabled in this House on March 30, 2004,depicted a grave financial situation in New Brunswick;

WHEREAS the Government has announced that 750 job cuts will beforthcoming in the Civil Service;

WHEREAS Members of the Legislative Assembly are also in theservice of the public, and;

WHEREAS there has been a 2.5% increase in the salaries of MLAsand increases in the per diem rate for committee work;

BE IT RESOLVED THAT this House overturn the decision of theLegislative Administration Committee taken on December 18, 2003,with respect to committee pay for Members of the LegislativeAssembly;

BE IT FURTHER RESOLVED THAT the 2.5 % wage increase onMLAs base salary be rolled back, and;

BE IT FURTHER RESOLVED THAT this House urge the Governmentto establish a Commission made up of academics and members of theprivate sector that shall be charged with determining future rates ofremuneration for Members of the Legislative Assembly.

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

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

The House, according to order, resolved itself into a Committee ofSupply with Mr. C. LeBlanc in the chair.

And after some time spent therein, it was agreed by unanimousconsent to recess the House between 12.30 o’clock p.m. to1.30 o’clock p.m. and to adjourn at 3 o’clock p.m.

212 May 752 - 53 Elizabeth II, 2003 - 2004

And after some further time, the Chairman left the chair to resume at1 o’clock p.m.

1 o’clock p.m.


And after some further time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, and asked leave to sit again.




Tuesday, May 11, 2004.

1 o’clock p.m.

Prayers

Mr. S. Graham offered condolences to the families of MauriceBelliveau, Yves LeBlanc, Gaston Richard and Joline Richard, who losttheir lives on May 9 in a tragic automobile accident near Bouctouche.Mr. Williams joined with the Leader of the Opposition in this regard.The House observed a moment of silence in memory of the fouryoung New Brunswickers.

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

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

The following Private Bills were read a second time:

Bill 40, An Act to Incorporate the New Brunswick Association of MedicalRadiation Technologists.

Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists.

Pursuant to Standing Rule 121, Mr. Speaker ordered PrivateBills 40 and 41 for third reading forthwith.

The following Private Bills were read a third time:

Bill 40, An Act to Incorporate the New Brunswick Association of MedicalRadiation Technologists.

Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists.


Pursuant to Notice of Motion 6, Mr. S. Graham moved the followingresolution, seconded by Mr. Branch:


214 May 1152 - 53 Elizabeth II, 2003 - 2004

WHEREAS the unemployment rate, especially the seasonal unem-ployment rate, is very high in the northeastern part of the province;


WHEREAS the region is plagued by the imminent closing of theNoranda mine;

WHEREAS improved road infrastructure is vital to the economy ofNorthern New Brunswick;

WHEREAS the enhancement of the capability of the Port ofBelledune in its role as the centrepiece of Northeast economicdevelopment is widely acknowledged;

BE IT THEREFORE RESOLVED that the Legislature urge thegovernment to pursue the establishment of a Northeast NewBrunswick Economic Development Strategy in cooperation with theGovernment of Canada to grow the region’s economy.



And after some time, Hon. Mr. Mesheau, seconded byHon. E. Robichaud, moved in amendment:

AMENDMENT

That Motion 6 be amended by:

In the BE IT THEREFORE RESOLVED clause,

delete the words “urge the government to pursue” and replace themwith the words “congratulate the government for pursuing”


And after some time, due to the unavoidable absence of Mr. Speaker,Mr. Carr took the chair as Acting Speaker.

And after some further time, Mr. Holder, the Deputy Speaker,resumed the chair as Acting Speaker.

And the debate continuing, after some time, Mr. Holder, the DeputySpeaker, interrupted proceedings calling for order and referring Mem-bers to Standing Rule 20(1) which permits the Speaker to order anyMembers whose conduct is grossly disorderly to withdraw immedi-ately from the House during the remainder of that day’s sitting.


Debate continued on the proposed amendment to Motion 6, andafter some time, Mr. Speaker resumed the chair.

And the debate being ended, and the question being put, theamendment was carried.

Mr. Speaker put the question on Motion 6 as amended as follows:


WHEREAS the unemployment rate, especially the seasonal unem-ployment rate, is very high in the northeastern part of the province;


WHEREAS the region is plagued by the imminent closing of theNordanda mine;

WHEREAS improved road infrastructure is vital to the economy ofNorthern New Brunswick;

WHEREAS the enhancement of the capability of the Port ofBelledune in its role as the centrepiece of Northeast economicdevelopment is widely acknowledged;

BE IT THEREFORE RESOLVED that the Legislative Assembly con-gratulate the government for pursuing the establishment of a North-eastern New Brunswick economic development strategy in cooperationwith the Government of Canada, to develop the region’s economy.

And the question being put, Motion 6 as amended was resolved inthe affirmative.


And after some time, Mr. Williams took the chair as Chairman.

And after some further time, Mr. Speaker resumed the chair andMr. Williams, the Chairman, reported that the Committee had hadunder consideration the matters referred to them, had made someprogress therein, and asked leave to sit again.



216 May 1252 - 53 Elizabeth II, 2003 - 2004

Wednesday, May 12, 2004.

10 o’clock a.m.

Prayers


By Mr. S. Graham,Bill 50, Public Trustee Act.


Mr. Branch gave Notice of Motion 93 that on Tuesday, May 18, 2004,he would move the following resolution, seconded byMs. Robichaud:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documents pertaining to the Order in Council 2004-121dealing with the withdrawal of lands from prospecting and stakingout for minerals except coal and potash in the Bathurst mining campand dealing with the authorization of the working, prospecting andmineral exploration of the lands in the Bathurst mining campwithdrawn from prospecting and staking out by Noranda Inc. andSlam Exploration Ltd., including all correspondence, letters,memorandums, e-mails, faxes, reports, analyses, research, advice,recommendations and exploration fees and any other fees fromJanuary 1st, 2003 to May 13th, 2004.

Hon. P. Robichaud announced that it was the intention ofgovernment that the House resolve itself into a Committee ofSupply to continue consideration of the estimates of theDepartment of Education.


And then, 12.30 o’clock p.m., the Chairman left the chair to resumeat 2 o’clock p.m.

2 o’clock p.m.

The Committee resumed with Mr. Betts in the chair as ActingChairman.



And after some further time spent in Committee of Supply,Mr. Speaker resumed the chair.

Pursuant to Standing Rule 34(1), Mr. Lamrock moved the followingresolution:

THAT the House continue to sit past the ordinary hour ofadjournment for the purpose of continuing consideration of theestimates of the Department of Education in the Committee ofSupply.

Mr. Speaker put the question, and pursuant to Standing Rule 34(2),five Members then rising in their places, the motion was deemed tohave been withdrawn.

Mr. Holder, the Chairman, then reported that the Committee ofSupply had had under consideration the matters referred to them,had made some progress therein, and asked leave to sit again.




Documents requested in Notice of Motion 85 May 7, 2004Documents requested in Notices of Motions 86, 90 May 11, 2004

218 May 1352 - 53 Elizabeth II, 2003 - 2004


PrayersMr. Speaker advised that this was the last day in the House for HeadPage Melissa MacKinley who had accepted other summeremployment and that Eric Moffat would serve as Head Page.

Hon. P. Robichaud announced it was the intention of governmentthat following second reading and Private Members’ Motions, theHouse would resolve itself into a Committee of the Whole toconsider Bills 30, 14, 29 and 34.

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

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

Pursuant to Notice of Motion 15, Mr. Williams, seconded byMr. Betts, moved the following resolution:WHEREAS Canadian Premiers and Territorial Leaders haveunanimously reiterated their call for the federal government toincrease its efforts to become a more meaningful partner in therenewal of health care in Canada; andWHEREAS recent polls indicate that Canadians are concerned aboutcurrent levels of federal health care funding and the effect of itsinadequacy on services now and in the future; and




BE IT THEREFORE RESOLVED THAT the Legislative Assemblyshow its support for better health care in New Brunswick by askingthe federal government to increase funding by $2 billion in 2003-04,$3 billion in 2004-05, and by 1% per year after that, until the federalshare reaches 25% of provincial/territorial health and socialexpenditures.


And after some time, Mr. Allaby, seconded by Mr. Lamrock, moved inamendment:

AMENDMENT

THAT Motion 15 be amended by:

Adding after the final WHEREAS clause, the following:

“WHEREAS the Final Report of the Commission on the Future ofHealth Care in Canada provided a plan for an equitable fundingarrangement between the federal government and the provinces andterritories;”

And by striking everything in the BE IT RESOLVED clause after“New Brunswick” and replacing it with the following:

“by endorsing the provisions of the Final Report of the Commissionon the Future of Health Care in Canada and by asking the federalgovernment to provide funding according to the provisions of thatreport.”



And after some time, subsequent to a number of points of orderbeing raised, Mr. C. LeBlanc, the Deputy Speaker, cautionedMembers to refrain from referring to the absence or presence ofMembers in the House.

And after some further time, Hon. E. Robichaud, seconded byHon. Mr. Volpé, moved the following sub-amendment:

220 May 1352 - 53 Elizabeth II, 2003 - 2004

SUB-AMENDMENT

That the amendment to Motion 15 be amended by:

At the end of the proposed amendment by adding the words “at aminimum; and more precisely by increasing the annual base fundingby $2 billion immediately and by additional amounts in subsequentyears such that the federal funding share reaches 25% of provincial/territorial health and social expenditures by 2009-2010.”


In accordance with Standing Rule 44(2.2), Mr. C. LeBlanc, the DeputySpeaker, interrupted the debate and recognized Mr. Williams to closethe debate on Motion 15.


And the debate being ended and the question being put on the sub-amendment, it was resolved in the affirmative.

Mr. Speaker put the question on the amendment as amended and itwas carried.


WHEREAS Canadian Premiers and Territorial Leaders haveunanimously reiterated their call for the federal government toincrease its efforts to become a more meaningful partner in therenewal of health care in Canada; and

WHEREAS recent polls indicate that Canadians are concerned aboutcurrent levels of federal health care funding and the effect of itsinadequacy on services now and in the future; and



WHEREAS the final Report of the Commission on the Future ofHealth Care in Canada provided a plan for an equitable fundingarrangement between the federal government and the provinces andterritories;

BE IT THEREFORE RESOLVED that the Legislative Assembly showits support for better health care in New Brunswick by endorsing theprovisions of the Final Report of the Commission on the Future ofHealth Care in Canada and by asking the federal government to


provide funding according to the provisions of that report at aminimum; and more precisely by increasing the annual base fundingby $2 billion immediately and by additional amounts in subsequentyears such that the federal funding share reaches 25% of provincial/territorial heath and social expenditures by 2009-2010.

And the question being put, Motion 15 as amended was carried.




Bill 14, An Act to Amend the Mental Health Act.Bill 29, An Act to Amend the Mental Health Act.Bill 30, An Act to Amend the Medical Services Payment Act.




222 May 1452 - 53 Elizabeth II, 2003 - 2004


PrayersHon. P. Robichaud announced that following third reading, it wasthe intention of government that the House resolve itself into aCommittee of Supply to consider the estimates associated with theOffice of the Premier.

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

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

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

The House, according to Order, resolved itself into a Committee ofSupply with Mr. C. LeBlanc in the chair.At 11.18 o’clock a.m., the Chairman declared a recess and left thechair.

11.25 o’clock a.m.The Committee resumed with Mr. C. LeBlanc in the chair.And then, 12.30 o’clock p.m., the Chairman left the chair to resume at1 o’clock p.m.

1 o’clock p.m.At 1.20 o’clock p.m., the Chairman declared a recess and left thechair.

1.20 o’clock p.m.The Committee resumed with Mr. C. LeBlanc in the chair.And after some time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to the order of Presentations of Committee Reports, reported


that the Committee had had under consideration the mattersreferred to them, had made some progress therein, had passedseveral items, and asked leave to sit again.

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


MAIN ESTIMATES, 2004 - 2005ORDINARY ACCOUNT

OFFICE OF THE PREMIERResolved, That there be granted to Her Majesty a sum not exceeding$1,051,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Administration ........................................................................................ 1,107,000

Less amounts authorized by law .................................................... 56,000Voted ......................................................................................................... 1,051,000

REGIONAL DEVELOPMENT CORPORATIONResolved, That there be granted to Her Majesty a sum not exceeding$41,069,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Development Projects and Operations .................................................. 41,069,000

Less amounts authorized by law .................................................... 0Voted ......................................................................................................... 41,069,000

GENERAL GOVERNMENTVoted, Supply in the following amounts to defray the expenses of thefollowing programs:Premier’s Council on the Status of Disabled Persons ......................... 256,000New Brunswick Advisory Council on Youth ........................................ 147,000Communications New Brunswick .......................................................... 1,640,000Commission on Legislative Democracy ................................................. 820,000

CAPITAL ACCOUNT

REGIONAL DEVELOPMENT CORPORATIONResolved, That there be granted to Her Majesty a sum not exceeding$14,845,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Capital Development Projects ................................................................. 320,000Canada-New Brunswick Infrastructure Program ................................ 14,525,000



224 May 1852 - 53 Elizabeth II, 2003 - 2004

Tuesday, May 18, 2004.1 o’clock p.m.

Prayers

Mr. Lamrock congratulated Head Page Eric Moffatt on the occasion ofhis being chosen valedictorian by his classmates at UNB.

Mr. Haché laid upon the table of the House a petition signed byresidents of the Jacquet River and Belledune area urging thegovernment to keep the Jacquet River Maintenance Depot garageopen to serve the surrounding area. (Petition 35)

Hon. Mr. Mockler welcomed to the House Jacob Daboué, RaphäelKompaoré, and Michel Zio, members of a delegation from BurkinaFaso.

Mr. MacIntyre gave Notice of Motion 94 that on Tuesday, May 25,2004, he would move the following resolution, seconded byMr. Ouellette:WHEREAS access to health care is the most important concernfacing New Brunswickers;WHEREAS the Premier’s Health Quality Council report was madepublic in January 2002 and the government has yet to bring forwarda Health Services Plan;WHEREAS the contents of the Health Services Plan will impact allNew Brunswickers;WHEREAS this government claims to be committed to “openness”and “transparency”;WHEREAS the New Brunswick Medical Society has called uponPremier Lord to release the Health Services Plan and refer it to theSelect Committee on Health Care;BE IT THEREFORE RESOLVED that this Legislative Assembly urgethe government to release the Health Services Plan immediately;BE IT FURTHER RESOLVED that the Health Services Plan bereferred to the Select Committee on Health Care with a limitedtimeframe for receiving public input in particularensuring that front-line health professionals are consulted.

Hon. P. Robichaud announced it was the intention of governmentthat following Private Members’ Motions, the House would resolve


itself into a Committee of Supply to consider the estimates of theDepartment of the Environment and Local Government.

With leave of the House, pursuant to Notice of Motion 7,Ms. Robichaud on behalf of Mr. S. Graham, seconded byMr. Lamrock, moved the following resolution:WHEREAS the testing of New Brunswick students in both thefrancophone and anglophone systems over many years hasconsistently shown evidence that there is room for improvement;WHEREAS research demonstrates that improved student-teacherratios in the early years have a beneficial effect on academicperformance;BE IT RESOLVED that the Legislative Assembly urge the Ministerof Education to improve ratios in kindergarten to grade three byreducing average class size by one student per year over four years;BE IT FURTHER RESOLVED that the Legislature urge the Ministerof Education to improve the student/teacher ratio of resourceteachers to students in each school district.And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker,Mr. Holder, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Hon. Ms. Dubé, seconded byHon. Ms. Blaney, moved in amendment:

AMENDMENTTHAT Motion 7 be amended by:In the first resolution clause, by adding the words “to explore ways”after the word “Education”, and by deleting the words “by reducingaverage class size by one student per year over four years;” andIn the second resolution clause, by adding the words “to exploreways” after the word “Education”.And the question being put, a debate ensued.And after some time, Mr. Speaker resumed the chair.And the debate being ended and the question being put on theamendment, the amendment was carried.Mr. Speaker put the question on Motion 7 as amended as follows:WHEREAS the testing of New Brunswick students in both thefrancophone and anglophone systems over many years hasconsistently shown evidence that there is room for improvement;

226 May 1852 - 53 Elizabeth II, 2003 - 2004

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



4.45 o’clock p.m.


And after some time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, and asked leave to sit again.


With leave of the House, Hon. E. Robichaud delivered a ministerialstatement relating to the employment status of Mr. JimWolstenholme, Chief Executive Officer of the Miramichi RegionalHealth Authority (Region 7).

The House resolved itself into a Committee of Supply withMr. C. LeBlanc in the chair.





MAIN ESTIMATES, 2004-2005ORDINARY ACCOUNT

DEPARTMENT OFTHE ENVIRONMENT AND LOCAL GOVERNMENT

Resolved, That there be granted to Her Majesty a sum not exceeding$55,162,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Corporate Services ......................................................................................... 4,300,000Local Government and Community Relations ........................................ 38,464,000Environmental Management ....................................................................... 6,754,000Sciences and Planning ................................................................................... 5,681,000 Less amounts authorized by law ............................................................ 37,000Voted ............................................................................................................ 55,162,000

CAPITAL ACCOUNT

DEPARTMENT OF THEENVIRONMENT AND LOCAL GOVERNMENT

Resolved, That there be granted to Her Majesty a sum not exceeding$1,450,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Clean Water Control Grants ......................................................................... 500,000Local Service Districts .................................................................................... 500,000Provincial Wastewater Treatment Facilities ............................................... 450,000Voted ............................................................................................................ 1,450,000

WORKING CAPITAL - MAXIMUM BALANCES2004-2005 Voted

WORKING CAPITAL ADVANCESEnvironment and Local Government ........................................................ 20,000

PETTY CASH ADVANCESEnvironment and Local Government ........................................................ 20,000



228 May 1952 - 53 Elizabeth II, 2003 - 2004

Wednesday, May 19, 2004.10 o’clock a.m.

Prayers

Mr. Malley introduced Paul Dawson, Progressive Conservative MLAfor Miramichi-Newcastle (1982-1987) who served as Minister ofCommerce and Development and Minister of Income Assistance.

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

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

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

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

Mr. Allaby gave Notice of Motion 95 that on Tuesday, May 25, 2004,he would move the following resolution, seconded byMr. MacIntyre:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table a copy ofthe Accountability Framework established under Section 7 of theRegional Health Authorities Act.

Mr. Doucet gave Notice of Motion 96 that on Tuesday, May 25, 2004,he would move the following resolution, seconded by Mr. Foran:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the


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

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


At 11.30 o’clock a.m., the Chairman declared a recess and left thechair.

11.50 o’clock a.m.

The Committee resumed with Mr. Holder in the chair.

At 12.30 o’clock p.m., the Chairman left the chair to resume again at2 o’clock p.m.

2 o’clock p.m.


And after some time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, and asked leave to sit again.


Ms. Weir, the Member for Saint John Harbour, rose on a Point ofOrder concerning statements made by the Minister of Health andWellness, Hon. E. Robichaud in relation to the CEO of the MiramichiRegional Health Authority and invited the Minister to correct therecord to indicate that Mr. Wolstenholme had not resigned but wasin fact fired, so as not to mislead the House.

Hon. E. Robichaud spoke on the Point of Order and maintained thatthe CEO had signed a resignation paper, with an agreement on aseverance package.

230 May 1952 - 53 Elizabeth II, 2003 - 2004

Ms. Weir rose and claimed that the Minister had lied to the House bymaintaining that the CEO of the Miramichi Regional HealthAuthority had resigned.

Hon. E. Robichaud rose on a Point of Order and submitted that thewords used by the Member for Saint John Harbour were notappropriate.

Mr. Speaker immediately called the Member for Saint John Harbourto order and requested that she withdraw the unparliamentarywords. The Member for Saint John Harbour refused to withdraw thecomment.

Mr. Speaker advised that the remarks made by the Member for SaintJohn Harbour were in violation of the rules of the House respectingunparliamentary language and offered the Member a furtheropportunity to withdraw the offensive remark. The Member againrefused to withdraw the remark.

Following a third request and refusal to withdraw the remark,Mr. Speaker ordered, pursuant to the provisions of StandingRule 20(1), that the Member for Saint John Harbour withdrawimmediately from the House for the remainder of the sitting day.The Member for Saint John Harbour withdrew from the House.



And after some further time, Mr. C. LeBlanc took the chair.






OFFICE OF HUMAN RESOURCESResolved, That there be granted to Her Majesty a sum not exceeding$5,334,000 to defray the expenses of the program allocations for thefiscal year ending the 31st of March, 2005:Human Resource Management ................................................................... 5,371,000

Less amounts authorized by law ......................................................... 37,000Voted ............................................................................................................ 5,334,000

GENERAL GOVERNMENTVoted, Supply in the following amounts to defray the expenses of thefollowing programs:Employee Benefit Plans ................................................................................. 32,914,000Equal Employment Opportunity Program ............................................... 483,000New Brunswick Public Service Internship Program ............................... 1,397,000



The following documents, having been deposited with the Clerk ofthe House since the last sitting of the House, were deemed laid uponthe table of the House, pursuant to Standing Rule 39:

Documents requested in Notice of Motion 87 May 14, 2004

232 May 2052 - 53 Elizabeth II, 2003 - 2004


Prayers

Mr. Sherwood from the Standing Committee on Private Bills,presented the Second Report of the Committee for the sessionwhich was read and is as follows:

May 20, 2004.


Mr. Speaker:

Your Standing Committee on Private Bills begs leave to submit this,their Second Report of the session.

Your Committee met on May 18, 2004, in the Legislative CouncilChamber and had under consideration:

Bill 49, An Act to Amend the Pension Plan for Employees of the City ofMoncton Act.

which it recommends to the favourable consideration of the House.

Your Committee also had under consideration:

Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation CanadaLimited.

and reports that they have made certain progress therein.

And your Committee begs leave to make a further report.

I move, seconded by Mr. Betts, that the report be concurred in by theHouse.

Milton Sherwood, MLA. Chairman.

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

Hon. P. Robichaud rose on a Point of Order and submitted that theLeader of the Opposition had used unparliamentary language.Accordingly, the remarks were withdrawn, at the request ofMr. Speaker.


Hon. P. Robichaud announced it was the intention of governmentthat following Private Members’ Motions, the House would resolveitself into a Committee of Supply to consider the estimates of theDepartment of Finance.

Pursuant to Notice of Motion 8, Mr. S. Graham, seconded byMr. Murphy, moved the following resolution:

WHEREAS one in 500 children is affected by autism;

WHEREAS in the case of Auton v. British Columbia, the BC Court ofAppeal ruled that British Columbia’s failure to provide effectivetreatment for a child with autism was a violation of that child’srights under the Canadian Charter of Rights and Freedoms;

WHEREAS the Government of New Brunswick is in possession ofthe report A Framework for an Integrated Service Delivery System forPersons with Autism in New Brunswick from the InterdepartmentalCommittee on Services to Persons with Autism which wascompleted in November 2001;

AND WHEREAS the window of maximum recovery closes each dayon New Brunswick children who go without treatment;

BE IT THEREFORE RESOLVED that this Legislature urge thegovernment to implement the recommendations of A Framework foran Integrated Service Delivery System for Persons with Autism in NewBrunswick forthwith and immediately.


And after some time, Hon. Mr. Huntjens, seconded byHon. E. Robichaud, moved in amendment:

AMENDMENT

THAT Motion 8 be amended by:

Adding after the third “WHEREAS” clause, an additional clause thatstates the following:

“WHEREAS government has responded to a number of the keyrecommendations in the report A Framework for an Integrated ServiceDelivery System for Persons with Autism in New Brunswick, through a$2.8 million annual investment which provides funding for evidence-based services for preschool age children, a training initiative todevelop provincial capacity to deliver quality services to thesechildren and support to community centers through fundingprojects and initiatives;” and

234 May 2052 - 53 Elizabeth II, 2003 - 2004

In the resolution clause, by adding the following words between thewords “government” and “to”:

“to continue its current investment of $2.8 M annually”.

And the question being put, Mr. Lamrock rose on a Point of Orderand submitted, citing §568. of Beauchesne’s Parliamentary Rules &Forms, 6th Edition, that the amendment was not in order as it wasneither inteligible nor consistent with itself.

At 2.45 o’clock p.m., Mr. Speaker stated he would take the matterunder advisement and declared a recess and left the chair.

3 o’clock p.m.

Mr. Speaker resumed the chair and ruled the amendment toMotion 8 was both relevant to the question on which theamendment was proposed and was consistent as it providedadditional information for the House to consider. Accordingly,Mr. Speaker ruled the proposed amendment to Motion 8 to bein order.

Mr. Speaker put the question on the proposed amendment and adebate ensued.


Mr. Lamrock rose on a Point of Order and submitted that theMember for Madawaska-la-Vallée had used unparliamentarylanguage. Mr. Holder, the Deputy Speaker, cautioned all Membersagainst the use of unparliamentary language.


And the debate being ended and the question being put on theamendment, it was resolved in the affirmative.


WHEREAS one in 500 children is affected by autism;

WHEREAS in the case of Auton v. British Columbia, the BC Court ofAppeal ruled that British Columbia’s failure to provide effectivetreatment for a child with autism was a violation of that child’srights under the Canadian Charter of Rights and Freedoms;

WHEREAS the Government of New Brunswick is in possession ofthe report A Framework for an Integrated Service Delivery System forPersons with Autism in New Brunswick from the InterdepartmentalCommittee on Services to Persons with Autism which wascompleted in November 2001;


WHEREAS government has responded to a number of the keyrecommendations in the report A Framework for an Integrated ServiceDelivery System for Persons with Autism in New Brunswick, through a$2.8 million annual investment which provides funding for evidence-based services for preschool age children, a training initiative todevelop provincial capacity to deliver quality services to thesechildren and support to community centers through fundingprojects and initiatives;”

AND WHEREAS the window of maximum recovery closes each dayon New Brunswick children who go without treatment;

BE IT THEREFORE RESOLVED that this Legislature urge thegovernment to continue its current investment of $2.8M annually toimplement the recommendations of A Framework for an IntegratedService Delivery System for Persons with Autism in New Brunswickforthwith and immediately.



And after some time, Hon. P. Robichaud rose on a Point of Orderand submitted that the Member for Moncton North had usedunparliamentary language when referring to a Minister of theCrown. Mr. C. LeBlanc stated he had not heard the remark inquestion and he would review the Hansard and report to the House,if necessary. He cautioned Members against using offensivelanguage when referring to one another.

And after some further time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, and asked leave to sit again.


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

236 May 2152 - 53 Elizabeth II, 2003 - 2004


Prayers

During Oral Questions, Mr. Speaker called Hon. Mr. Mockler toorder and advised that when the Speaker stands, a Member shoulddiscontinue speaking.


By Mr. Murphy,Bill 51, Victims of Family Violence Act.


Mr. Arseneault gave Notice of Motion 97 that on Thursday, May 27,2004, he would move the following resolution, seconded byMr. Boudreau:

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

Hon. P. Robichaud announced that it was the intention ofgovernment that the House resolve itself into a Committee ofSupply to continue consideration of the estimates of theDepartments of Finance and Education.

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

The House, according to Order, resolved itself into a Committeeof Supply with Mr. C. LeBlanc in the chair.

And after some time, the Chairman interrupted proceedings andruled on Hon. P. Robichaud’s Point of Order raised during theprevious day’s sitting, that the Member for Moncton North hadused disrespectful language when referring to the Minister ofTransportation and that the Member withdraw his comment,which he did.


At 12.30 o’clock p.m., the Chairman left the chair to resume at1 o’clock p.m.

1 o’clock p.m.



2.10 o’clock p.m.


And after some time, Mr. C. LeBlanc took the chair.

And after some further time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, had passed several items,and asked leave to sit again.




DEPARTMENT OF FINANCEResolved, That there be granted to Her Majesty a sum not exceeding$73,916,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st day of March, 2005:Financial Resource Management ................................................................ 11,953,000Municipal Finances ........................................................................................ 62,000,000 Less amounts authorized by law ............................................................ 37,000Voted ............................................................................................................ 73,916,000

SERVICE OF THE PUBLIC DEBTResolved, That there be granted to Her Majesty a sum not exceeding$3,623,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st day of March, 2005:Service of the Public Debt ...................................................................... 604,000

Less amounts authorized by law ..................................................... 600,377Voted .......................................................................................................... 3,623,000

238 May 2152 - 53 Elizabeth II, 2003 - 2004

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

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

Less amounts authorized by law ...................................................... 37,000Voted ...................................................................................................... 778,843,000

MARITIME PROVINCES HIGHER EDUCATION COMMISSIONResolved, That there be granted to Her Majesty a sum not exceeding$185,003,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st day of March, 2005:Administration .......................................................................................... 437,000Assistance to Universities ........................................................................ 184,566,000 Less amounts authorized by law ....................................................... 0Voted ...................................................................................................... 185,003,000

GENERAL GOVERNMENTVoted, Supply in the following amounts to defray the expenses of thefollowing programs:Legislated Pension Plans and Benefit Accruals and Subsidies ........................................................................ 96,690,000Supplementary Funding Provision ....................................................... 67,086,000Provision for Losses .................................................................................. 32,300,000

LOANS AND ADVANCES

DEPARTMENT OF FINANCEVoted, supply in the following amount to defray the expenses of thefollowing program allocation for the fiscal year ending the 31st dayof March, 2005:Municipal Assistance Act ........................................................................... 1,000,000


CAPITAL ACCOUNT

DEPARTMENT OF EDUCATIONResolved, That there be granted to Her Majesty a sum not exceeding$1,000,000 to defray the expenses of the following program allocationfor the fiscal year ending the 31st day of March, 2005:Public Schools – Capital Equipment ........................................................... 1,000,000

WORKING CAPITAL – MAXIMUM BALANCES2004-2005

WORKING CAPITAL ADVANCESEducation

- Atlantic Provinces Special Education Authority ................................ 350,000

PETTY CASH ADVANCESFinance ......................................................................................................... 1,000Education ......................................................................................................... 120,000

INVENTORIESEducation ......................................................................................................... 1,500,000


And then 4.15 o’clock p.m. the House adjourned.

240 May 2552 - 53 Elizabeth II, 2003 - 2004

Tuesday, May 25, 2004.

1 o’clock p.m.

Prayers

Hon. Mr. Ashfield paid tribute to the memory of Fredericton lawyer,Progressive Conservative political activist, and sportsman, GeorgeYeamans, recently deceased. Mr. Burke joined with the Minister inthis regard.

Following Oral Questions, Mr. Lamrock rose on a Point of Order andrequested that the Minister of Energy table a document from whichhe had quoted during the response to an oral question.

Accordingly, Hon. Mr. Fitch laid upon the table of the House aletter dated May 22, 2004, and addressed to Hon. Mr. Fitch, fromDavid D. Hay, president and chief executive officer of NB Power.


By Mr. S. Graham,Bill 52, An Act Respecting the Regional Health Authorities Act.

By Mr. Burke,Bill 53, An Act to Amend the Family Services Act.


Mr. MacIntyre gave Notice of Motion 98 that on Tuesday, June 1,2004, he would move the following resolution, seconded byMr. Brewer:

That an address be presented to His Honour the Lieutenant-Governor praying that he lay upon the table of the House allcorrespondence including letters, e-mails etc., betweenRegion 7 Miramichi Regional Health Authority and the Departmentof Health and Wellness regarding the cancellation of the plannedmethadone clinic for the Miramichi Regional Health Authority,since May 1, 2004.

Mr. Arseneault gave Notice of Motion 99 that on Tuesday, June 1,2004, he would move the following resolution, seconded byMr. Brewer:

That an address be presented to His Honour the Lieutenant-Governor praying that he lay upon the table of the House a copy of


the most recent Actuarial Review on the status of the Teachers’Pension Fund and the Civil Service Pension Fund.

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

The following Private Bill was read a second time:


Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 49 forthird reading forthwith.

The following Private Bill was read a third time:



The Order being read for second reading of Bill 51, Victims of FamilyViolence Act, a debate arose thereon.And after some time, on motion of Hon. Ms. Blaney, the debate wasadjourned over on the following recorded division:


242 May 2552 - 53 Elizabeth II, 2003 - 2004

NAYS - 23Mr. McGinley Mr. Branch Mr. ForanMr. Jamieson Ms. Weir Mr. AlbertMr. MacIntyre Mr. Ouellette Mr. LeBlancMr. Allaby Mr. Lamrock Mr. PaulinMr. S. Graham Mr. Burke Mr. DoucetMr. Haché Mr. Murphy Mr. BoudreauMr. Armstrong Mr. Kenny Mr. BrewerMr. Landry Mr. Arseneault

Pursuant to Notice of Motion 18, Mr. Stiles, seconded byMr. MacDonald, moved the following resolution:

WHEREAS in its election platform entitled “Reaching Higher, GoingFurther,” the government committed that New Brunswick will havethe lowest personal income taxes in eastern Canada, and

WHEREAS in “Reaching Higher, Going Further,” the governmentcommitted that New Brunswick will have the lowest small businesstaxes in all of Canada; and

WHEREAS in “Reaching Higher, Going Further,” the governmentcommitted that New Brunswick will have the highest tax freethreshold for low-income earners in all of Canada;

BE IT THEREFORE RESOLVED THAT the Legislative Assemblyencourage the government of New Brunswick to continue to deliverlower taxes in a prudent and reasonable manner for the people ofNew Brunswick.



And after some time, Mr. Haché welcomed to the House Mr. JeanDubé, Progressive Conservative Member of Parliament forMadawaska-Restigouche (1997-1999) and MLA for Campbellton(2001-2003). Mr. Malley joined with the Member in this regard.

And after some further time, Mr. Lamrock, seconded byMr. Jamieson, moved in amendment:

AMENDMENT

THAT Motion 18 be amended:

In the resolution clause, by striking out “to continue” after“encourage the government of New Brunswick”; and


After the final WHEREAS clause, adding the following:

“WHEREAS New Brunswickers have seen no meaningful relief fromprevious tax-cut measures brought forward by this government;

WHEREAS any income tax cuts made by this government have beennullified by ‘bracket creep’ and increases in consumption taxes;

WHEREAS the government, by cutting taxes before growing the economy,has had to cut needed services in health and education;”

and adding after “prudent and responsible manner” in the resolutionclause:

“that is meaningful”

and adding at the end of the resolution clause before the period andby replacing the period with a semi-colon:

“that hard work for a living”

and adding after the resolution clause:

“BE IT FURTHER RESOLVED that, if tax-cutting measures will jeopardizesocial programs such as health and education, the House urge thegovernment to delay any plans to impose further tax cuts until such time ascuts to important social programs can be avoided.”



And the debate being ended and the question being put, theamendment was negatived.

And the question being put, Motion 18 was carried.




Bill 15, An Act to Amend An Act to Amend the Occupational Health andSafety Act.

Bill 19, An Act to Amend the Order of New Brunswick Act.Bill 27, Supplementary Appropriations Act 2003-2004 (1).

244 May 2552 - 53 Elizabeth II, 2003 - 2004

Bill 32, An Act to Amend the Custody and Detention of Young PersonsAct.

Bill 34, An Act to Amend the Fish and Wildlife Act.Bill 45, An Act to Amend the Quarriable Substances Act.Bill 47, Supplementary Appropriations Act 2002-03 (2).

And that he had been directed to report progress on the followingBill:

Bill 33, An Act to Amend the Clean Water Act.





Wednesday, May 26, 2004.10 o’clock a.m.

PrayersMr. S. Graham gave Notice of Motion 100 that on Tuesday, June 1,2004, he would move the following resolution, seconded byMr. Lamrock:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all letters, e-mails, documents and/or reports between MiraProperties Inc. and the Department of the Environment and LocalGovernment, the Department of Health and Wellness, theDepartment of Natural Resources and Energy, and the Culture andSport Secretariat, from March 1, 1999, to present.

Mr. S. Graham gave Notice of Motion 101 that on Tuesday, June 1,2004, he would move the following resolution, seconded byMr. Lamrock:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all letters, e-mails, documents and/or reports between LesEntreprises Mapoma Ltée and the Department of the Environmentand Local Government, the Department of Health and Wellness, theDepartment of Natural Resources and Energy, and the Culture andSport Secretariat, from March 1, 1999, to present.

Mr. Arseneault gave Notice of Motion 102 that on Tuesday, June 8,2004, he would move the following resolution, seconded byMr. Paulin:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse all documentation, memorandums, e-mails, faxes, letters, etc.,between this government and Atlantic Advantage Promotions Inc.between April 1, 2003, and March 31, 2004.

Mr. Arseneault gave Notice of Motion 103 that on Tuesday, June 8,2004, he would move the following resolution, seconded byMr. Albert:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse a compilation of all monies paid to Bristol Group, and any ofits subsidiaries, by all government departments since June 21, 1999.

246 May 2652 - 53 Elizabeth II, 2003 - 2004

Mr. S. Graham gave Notice of Motion 104 that on Tuesday, June 1,2004, he would move the following resolution, seconded byMr. McGinley:

That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of theHouse a copy of the amount paid to the Chipman ambulance serviceand Minto ambulance service for the years 2001-2002 , 2002-2003, and2003 -2004, and details on services provided.

Hon. P. Robichaud announced that following third and secondreading of Bills, it was the intention of government that the Houseresolve itself into a Committee of Supply to consider the estimates ofthe Department of Supply and Services.


Bill 15, An Act to Amend An Act to Amend the Occupational Health andSafety Act.

Bill 19, An Act to Amend the Order of New Brunswick Act.Bill 27, Supplementary Appropriations Act 2003-2004 (1).Bill 32, An Act to Amend the Custody and Detention of Young Persons

Act.Bill 34, An Act to Amend the Fish and Wildlife Act.Bill 45, An Act to Amend the Quarriable Substances Act.Bill 47, Supplementary Appropriations Act 2002-03 (2).


The Order being read for second reading of Bill 52, An Act Respectingthe Regional Health Authorities Act, a debate arose thereon.


During the debate, Hon. P. Robichaud rose on a Point of Order andsubmitted that the Member for Caraquet had used the term “liar”which was unparliamentary. Mr. Holder, the Deputy Speaker,requested that the Member withdraw the remark, which he did.

At 12.30 o’clock p.m., Mr. Holder, the Deputy Speaker, left the chair toresume again at 2 o’clock p.m.

2 o’clock p.m.Mr. Holder, the Deputy Speaker, resumed the chair as Acting Speaker.


Debate resumed on the motion for second reading of Bill 52.And after some time, Mr. Speaker resumed the chair.And the debate being ended, and the question being put thatBill 52 be now read a second time, the motion was negatived on thefollowing recorded division:

YEAS - 24Mr. McGinley Ms. Weir Mr. ArseneaultMr. MacIntyre Mr. Kennedy Mr. ForanMr. Allaby Mr. Ouellette Mr. AlbertMr. S. Graham Mr. Lamrock Mr. A. LeBlancMr. Haché Mr. Targett Mr. PaulinMr. Armstrong Mr. Burke Mr. DoucetMr. Landry Mr. Murphy Mr. BoudreauMr. Branch Mr. Kenny Mr. Brewer

NAYS - 27Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

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

The House, according to Order, resolved itself into a Committee ofSupply with Mr. C. LeBlanc in the chair.And after some time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, had passed several items,and asked leave to sit again.

248 May 2652 - 53 Elizabeth II, 2003 - 2004




DEPARTMENT OF SUPPLY AND SERVICESResolved, That there be granted to Her Majesty a sum not exceeding$89,987,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Administration ................................................................................................ 1,867,000General Services ............................................................................................. 7,277,000Buildings Group.............................................................................................. 77,896,000Corporate Information Management Services ......................................... 2,984,000

Less amounts authorized by law ......................................................... 37,000Voted ................................................................................................................. 89,987,000

CAPITAL ACCOUNT

DEPARTMENT OF SUPPLY AND SERVICESResolved, That there be granted to Her Majesty a sum not exceeding$76,882,000 to defray the expenses of the following programallocation for the fiscal year ending the 31st of March, 2005:Design and Construction of Provincial Buildings ................................... 76,882,000

GENERAL GOVERNMENTVoted, Supply in the following amounts to defray the expenses of thefollowing program:Information Technology Investment Fund ............................................... 670,000

WORKING CAPITAL - MAXIMUM BALANCES2004 - 2005 Voted

WORKING CAPITAL ADVANCESSupply and Services - Algonquin Properties Limited ............................. 1,000,000

INVENTORIESSupply and Services ....................................................................................... 1,700,000




Thursday, May 27, 2004.

1 o’clock p.m.

Prayers

Mr. Jamieson laid upon the table of the House a petition signed bycitizens urging the government to keep the St. Joseph’s Hospitalemergency room open. (Petition 40).

Hon. P. Robichaud announced it was the intention of governmentthat following Private Members’ Motions, the House would resolveitself into a Committee of Supply to consider the estimates of theDepartment of Intergovernmental and International Relations,including Intergovernmental Conferences, Council of AtlanticPremiers, Culture and Sport Secretariat, Service New Brunswick, andAdvisory Council on the Status of Women, including the Women’sIssues Branch.

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

At 2.10 o’clock p.m., at the request of Mr. Lamrock and with the leaveof the House, Mr. Speaker declared a recess and left the chair.

2.21 o’clock p.m.


Pursuant to Notice of Motion 9, Mr. S. Graham, seconded byMs. Robichaud, moved the following resolution:

WHEREAS women’s average hourly wage is 79 % of men’s in NewBrunswick;

WHEREAS the Advisory Council on the Status of Women states thatapproximately half the wage gap is “caused by the age-old traditionof paying ‘women’s’ jobs less than jobs usually held by men”;

WHEREAS the New Brunswick government must show leadershipin the area of pay equity;

WHEREAS there are still parts of the public service which are notcovered by the Pay Equity Act and which include New Brunswickgovernment employees;

BE IT THEREFORE RESOLVED that the Legislative Assembly urgethe New Brunswick government to amend the Pay Equity Act so thatit applies to all parts of the public service;

250 May 2752 - 53 Elizabeth II, 2003 - 2004

AND BE IT FURTHER RESOLVED that the Legislative Assemblyurge the New Brunswick government to actively pursue an objectiveof ensuring that the Pay Equity Act applies to the private sector.



And after some further time, Hon. Ms. Blaney, seconded byHon. Mr. Volpé, moved in amendment:

AMENDMENT

THAT Motion 9 be amended:

In the first resolution clause, by adding the following words after thefirst “to”:

“continue to implement pay equity in all parts of the public servicethrough negotiated agreements, and consider to”

In the second resolution clause, by deleting the following words “thePay Equity Act applies to the private sector” and replacing them withthe following:

“pay equity is achieved in the private sector through variousavailable means”

Mr. Allaby stood on a Point of Order and submitted that theproposed amendment was out of order as its effect would be tonegative the intent of the original motion.

Several Members spoke on the Point of Order.

Mr. C. LeBlanc, the Deputy Speaker, ruled the amendment to be inorder as it did not have the effect of negativing the original intent ofthe motion but rather proposed an alternative proposition for theconsideration of the House.



And the debate being ended and the question being put, theamendment was carried on the following recorded division:

YEAS - 27

Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. Carr


Hon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

NAYS - 20

Mr. McGinley Mr. Branch Mr. AlbertMr. Jamieson Mr. Ouellette Mr. A. LeBlancMr. Allaby Mr. Lamrock Mr. PaulinMr. S. Graham Mr. Burke Mr. DoucetMr. Haché Mr. Kenny Mr. BoudreauMr. Armstong Mr. Arseneault Mr. BrewerMr. Landry Mr. Foran


WHEREAS women’s average hourly wage is 79 % of men’s in NewBrunswick;

WHEREAS the Advisory Council on the Status of Women states thatapproximately half the wage gap is “caused by the age-old traditionof paying ‘women’s’ jobs less than jobs usually held by men”;

WHEREAS the New Brunswick government must show leadershipin the area of pay equity;

WHEREAS there are still parts of the public service which are notcovered by the Pay Equity Act and which include New Brunswickgovernment employees;

BE IT THEREFORE RESOLVED that the Legislative Assembly urgethe New Brunswick government to continue to implement payequity in all parts of the public service through negotiatedagreements, and consider to amend the Pay Equity Act so that itapplies to all parts of the public service;

AND BE IT FURTHER RESOLVED that the Legislative Assemblyurge the New Brunswick government to actively pursue an objectiveof ensuring that pay equity is achieved in the private sector throughvarious available means.




252 May 2752 - 53 Elizabeth II, 2003 - 2004

And after some further time Mr. Speaker resumed the chair andMr. Holder, the Chairman, after requesting that Mr. Speaker revert tothe order of Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, had passed several items,and asked leave to sit again.




EXECUTIVE COUNCIL OFFICEResolved, That there be granted to Her Majesty a sum not exceeding$2,387,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Executive Council Secretariat ....................................................................... 1,654,000Office of the Lieutenant-Governor ............................................................. 306,000Women’s Issues Branch ................................................................................. 427,000 Less amounts authorized by law......................................................... 0Voted ................................................................................................................. 2,387,000

GENERAL GOVERNMENTVoted, Supply in the following amount to defray the expenses of thefollowing program:Advisory Council on the Status of Women ............................................... 414,000




Friday, May 28, 2004.

10 o’clock a.m.

Prayers

To commemorate the 60th Anniversary of D-Day on June 6, 2004, thehonourable the Premier welcomed to the Assembly Members of theRoyal Canadian Legion and veterans, including David Dickson;Vaughan Boyne; Ron Stafford; Nelson Adams; Len Poore; DennisDriscoll, the New Brunswick President of the Royal CanadianLegion; and Boyd Ring, the provincial Legion’s sergeant at arms.Hon. Mr. Lord paid tribute to the surviving veterans and to thosewho gave their lives for the freedom of the people of the provinceand of Canada.

Mr. S. Graham, the Leader of the Opposition, joined with the Premierin this regard.

During Statements by Members, Ms. Weir rose on a Point of Orderand questioned why a Member was permitted to wear a tee-shirt inthe House to support a particular cause while recent visitors to theGallery had been forbidden to wear such apparel.

Mr. Speaker stated that he was unaware of the matter referred to andthat he would take the matter under advisement.




The Legislative Assembly of the Province of New Brunswick haspassed several Bills at the present sittings of the Legislature to which,in the name and on behalf of the said Legislative Assembly, Irespectfully request Your Honour’s assent.

The Clerk Assistant then read the title of the Bills as follows:

Bill 14, An Act to Amend the Mental Health Act.Bill 15, An Act to Amend An Act to Amend the Occupational Health and

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

Acts.Bill 27, Supplementary Appropriations Act 2003-2004 (1).

254 May 2852 - 53 Elizabeth II, 2003 - 2004

Bill 29, An Act to Amend the Mental Health Act.Bill 30, An Act to Amend the Medical Services Payment Act.Bill 31, An Act to Amend the Employment Standards Act.Bill 32, An Act to Amend the Custody and Detention of Young Persons

Act.Bill 34, An Act to Amend the Fish and Wildlife Act.Bill 35, An Act to Amend the Assessment Act.Bill 40, An Act to Incorporate the New Brunswick Association of Medical

Radiation Technologists.Bill 41, An Act to Incorporate the New Brunswick Institute of Agrologists.Bill 45, An Act to Amend the Quarriable Substances Act.Bill 47, Supplementary Appropriations Act 2002-03 (2).Bill 49, An Act to Amend the Pension Plan for Employees of the City of

Moncton Act.His Honour signified His Assent as follows:


To these Bills, His Honour’s assent was announced by the Clerk ofthe Legislative Assembly in the following words:

In Her Majesty’s name, His Honour the Lieutenant-Governor assentsto these Bills, enacting the same and ordering them to be enrolled.


The following Private Bill was introduced and read a first time:By Mr. Carr,

Bill 54, An Act Respecting the New Brunswick Society of CardiologyTechnologists.

Ordered that the said Bill be referred to the Standing Committee onPrivate Bills.

The following Bills were introduced and read a first time:By Mr. Lamrock,

Bill 55, Restricted Dogs Act.By Mr. Lamrock,

Bill 56, An Act to Amend the Legislative Assembly Act.


Hon. P. Robichaud announced that it was the intention ofgovernment that the House resolve itself into a Committee of the


Whole House to take into consideration Bill 44, following which, theHouse would resolve into a Committee of Supply to take intoconsideration the estimates of Business New Brunswick.



At 11.55 o’clock a.m., the Chairman declared a five-minute recess andleft the chair.

12 o’clock noon

The Committee resumed.

And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that he had beendirected to report the following Bill as agreed to:

Bill 44, Securities Act.




And then, 12.30 o’clock p.m., the Chairman left the chair to resumeat 1 o’clock p.m.

1 o’clock p.m.

The Committee resumed with Mr. LeBlanc in the chair.


And after some further time, Mr. MacDonald, took the chair as ActingChairman.

And after some time, Mr. C. LeBlanc resumed the chair.

And after some further time spent in Committee of Supply,Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman,after requesting that Mr. Speaker revert to the order of Presentationsof Committee Reports, reported that the Committee had had under

256 May 2852 - 53 Elizabeth II, 2003 - 2004

consideration the matters referred to them, had made some progresstherein, and asked leave to sit again.





June 8 257Journal of Assembly

Tuesday, June 8, 2004.1 o’clock p.m.

Prayers

Mr. Holder extended condolences to the American people and to thefamily of the late Ronald Reagan (1911 - 2004), the 40th President ofthe United States, and the 33rd Governor of California.

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

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


By Mr. Carr,Bill 57, Optometry Act, 2004.

Ordered referred to the Standing Committee on Private Bills.

Mr. S. Graham gave Notice of Motion 105 that on Tuesday, June 15,2004, he would move the following resolution, seconded byMr. Murphy:

That an address be presented to His Honour the Lieutenant-Governorpraying that he cause to be laid upon the table of the House alldocuments pertaining to any employees who were terminated inPart I of the Department of Health and Wellness who havesubsequently been hired on contract by Part III in any of the RegionalHealth Authorities.

Mr. Albert gave Notice of Motion 106 that on Tuesday, June 15, 2004,he would move the following resolution, seconded by Mr. Kenny:

That an address be presented to His Honour the Lieutenant-Governorpraying that he cause to be laid upon the table of the House alldocuments in regard to action taken by your department to create acompensation fund for the eradication of infectious salmon anaemia(ISA), including correspondence, faxes, memos, e-mails, reports,proposals, briefing notes, analyses, research, advice,recommendations, and minutes of meetings for the period betweenJuly 1, 2001, and June 8, 2004.

258 June 852 - 53 Elizabeth II, 2003 - 2004

Mr. Albert gave Notice of Motion 107 that on Tuesday, June 15, 2004,he would move the following resolution, seconded by Mr. Kenny:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse all documents in regard to action taken by your department tocreate a financial compensation program and insurance for theaquaculture industry, including correspondence, faxes, memos, e-mails, reports, proposals, briefing notes, analyses, research, advice,recommendations, and minutes of meetings, for the period betweenJuly 1, 1999, and June 8, 2004.

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

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

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

Hon. P. Robichaud announced that it was the intention ofgovernment that following second reading of Bills, and with theunanimous consent of the House to dispense with the two hoursreserved for Private Members’ Motions, the House would resolveitself into a Committee of Supply to resume consideration of theestimates of the Department of Business New Brunswick.


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


Bill 44, Securities Act.


The Order being read for second reading of Bill 55, Restricted DogsAct, a debate arose thereon.



And after some further time, Hon. Mr. Huntjens, seconded byHon. Mr. Green, moved in amendment:

AMENDMENT


Bill 55, Restricted Dogs Act, be not now read a second time but that theorder for second reading be discharged and the subject matter of theBill referred to the Standing Committee on Law Amendments.

Mr. Speaker put the question on the amendment and it was resolvedin the affirmative.

The Order being read for second reading of Bill 56, An Act to Amendthe Legislative Assembly Act, a debate arose thereon.


Accordingly, Bill 56, An Act to Amend the Legislative Assembly Act, wasread a second time and ordered referred to the Committee of theWhole House.


And after some time, Mr. Sherwood took the chair as ActingChairman.




And after some further time, Mr. Speaker resumed the chair, andMr. Holder, the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that the Committeehad had under consideration the matters referred to them, had madesome progress therein, had passed several items, and asked leave tosit again.




DEPARTMENT OF BUSINESS NEW BRUNSWICKResolved, That there be granted to Her Majesty a sum not exceeding$37,110,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Administration ................................................................................................ 2,788,000Business and Industry Development ......................................................... 25,759,000Strategic Assistance ........................................................................................ 8,600,000 Less amounts authorized by law .............................................................. 37,000Voted ............................................................................................................ 37,110,000

LOANS AND ADVANCES

DEPARTMENT OF BUSINESS NEW BRUNSWICKVoted, Supply in the following amount to defray the expenses of thefollowing program allocations for the fiscal year ending the 31st ofMarch, 2005:Economic Development Act,

Agricultural Development Board,and Fisheries Development Act ................................................................... 50,000,000

WORKING CAPITAL – MAXIMUM BALANCES2004-2005

PETTY CASH ADVANCESBusiness New Brunswick .......................................................................... 1,000

INVENTORIESBusiness New Brunswick .......................................................................... 5,000,000








Bill 44, Securities Act.His Honour signified His Assent as follows:


To this Bill, His Honour’s assent was announced by the Clerk of theLegislative Assembly in the following words:

In Her Majesty’s name, His Honour the Lieutenant-Governor assentsto this Bill, enacting the same and ordering them to be enrolled.



The following documents, having been deposited with the Clerk ofthe House were deemed laid upon the table of the House pursuantto Standing Rule 39:



Wednesday, June 9, 2004.10 o’clock a.m.

Prayers

Several former Members present in the Gallery were introduced:Paul Dawson (PC Miramichi-Newcastle 1982-1987); Tom Gilbert(L Oromocto 1987-1991); LeRoy Washburn (L Oromocto 1974-1982);Onil Doiron (L Caraquet 1974-1982); Bernard Thériault (L Caraquet1987-2000).

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

Mr. Sherwood from the Standing Committee on Private Bills,presented the Third Report of the Committee for the session whichwas read and is as follows:

June 9, 2004.


Mr. Speaker:

Your Standing Committee on Private Bills begs leave to submit this,their Third Report of the session.

Your Committee met on June 8, 2004, in the Legislative CouncilChamber and had under consideration:


which it recommends to the favourable consideration of the Housewith certain amendments.






Sgd.: Milton Sherwood, MLA.Chairman.



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

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

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

The House, according to Order, resolved itself into a Committee ofSupply with Mr. C. LeBlanc in the chair.At 12.20 o’clock p.m., the Chairman left the chair to resume again at2 o’clock p.m.

2 o’clock p.m.The Committee resumed with Mr. C. LeBlanc in the chair.And after some time, Mr. Stiles took the chair as Acting Chairman.And after some further time, Mr. MacDonald took the chair as ActingChairman.And after some time, Mr. Holder took the chair.And after some further time spent in Committee of Supply,Mr. C. LeBlanc took the chair.And after some time, Mr. Speaker resumed the chair, andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, and asked leave to sit again.Pursuant to Standing Rule 78.1, Mr. Speaker then put the question onthe motion deemed to be before the House, that the report beconcurred in, and it was resolved in the affirmative.



Thursday, June 10, 2004.

10 o’clock a.m.

Prayers

Mr. Foran laid upon the table of the House a petition signed bycitizens of the Miramichi calling upon Mr. Malley, the Member forMiramichi-Bay du Vin, to vote against any plan to reduce beds andor service at their regional hospital. (Petition 42)

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

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

Mr. Boudreau gave Notice of Motion 110 that on Thursday, June 17,2004, he would move the following resolution, seconded byMs. Robichaud:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse all correspondence, including minutes of meetings, letters,e-mails, memoranda, briefing notes, hand-written notes, reports,analysis and research between November 2002 and June 9, 2004pertaining to decisions, recommendations and advice made byDistrict Education Council (DEC) #17.

Mr. Boudreau gave Notice of Motion 111 that on Thursday, June 17,2004, he would move the following resolution, seconded byMs. Robichaud:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse fall correspondence, including minutes of meetings, letters,e-mails, memoranda, briefing notes, hand-written notes, reports,analysis and research between November 2002 and June 9, 2004pertaining to advice received and decisions made by the Minister ofEducation pertaining to (DEC) # 17.


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

It was agreed by unanimous consent to dispense with PrivateMembers’ Motions, and to vary the hours of sitting to recess at12 noon and to resume at 1 o’clock p.m.

At 11.19 o’clock a.m., Mr. Speaker declared a recess and left the chair.

11.32 o’clock p.m.

Mr. Speaker resumed the chair and delivered the following ruling:


Yesterday, subsequent to a point of order raised by the member forFredericton-Fort Nashwaak, I undertook to review the transcript ofquestion period and to get back to the House, if necessary. Speakingto the point of order, the member for Fredericton-Fort Nashwaakclaimed that the Minister of Education had used unparliamentarylanguage in responding to a question from the member for Bathurst,by stating “continuer à dire des faussetés”. The member referred toBeauchesne’s Parliamentary Rules and Forms, sixth edition, as the basis ofthe claim that the word “fausseté”, which means “falsehood” inEnglish, was unparliamentary.

While there are some clearly established words and certain kinds oflanguage that are considered offensive or unparliamentary, it is leftto the Chair ’s discretion to interpret or to qualify the words spokenby the member, according to the circumstances or context in whichthe words are used. I will quote from paragraph 486 of Beauchesne’s,sixth edition, page 123.

§486. (1) It is impossible to lay down any specific rules in regard toinjurious reflections uttered in debate against particular Members, or todeclare beforehand what expressions are or are not contrary to order; muchdepends upon the tone and manner, and intention, of the personspeaking . . .


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

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




Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 48and 54 for third reading forthwith.

The following Private Bills were read a third time:Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation Canada

Limited.Bill 54, An Act Respecting the New Brunswick Society of Cardiology

Technologists.




At 12 noon the Chairman left the chair to resume again at 1 o’clock p.m.

1 o’clock p.m.




Bill 21, An Act to Amend the Family Services Act.Bill 23, An Act to Amend the Executive Council Act.Bill 36, An Act to Repeal the Bulk Sales Act.

And that he had been directed to report the following Bill agreed toas amended:

Bill 16, An Act to Amend the Provincial Court Act.




And after some time, Mr. C. LeBlanc took the chair.

During the deliberations, Mr. MacIntyre welcome to the HouseMr. Norman McFarlane, PC Member for Saint John Lancaster (1999-2003) and Minister of Training and Employment Development.Hon. Ms. Blaney joined with the Member in this regard.


And after some further time, Mr. Malley took the chair as ActingChairman.


And after some further time, Mr. Betts took the chair as ActingChairman.


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



Documents requested in Notice of Motion 99 June 4, 2003Documents requested in Notice of Motion 91 June 8, 2003Documents requested in Notice of Motion 102 June 9, 2003Documents requested in Notice of Motion 93 June 10, 2003


Friday, June 11, 2004.

10 o’clock a.m.

Prayers


By Hon. Ms. Blaney,Bill 58, An Act to Amend the Occupational Health and Safety Act.

By Mr. Murphy,Bill 59, An Act to Amend the Liquor Control Act.


Mr. MacIntyre gave Notice of Motion 112 that on Thursday, June 17,2004, he would move the following resolution, seconded byMr. Arseneault:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports,analysis and research pertaining to the decision to eliminate 298 bedsin New Brunswick hospitals and the decisions regarding whichfacilities would have beds eliminated.

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



Bill 16, An Act to Amend the Provincial Court Act.Bill 21, An Act to Amend the Family Services Act.Bill 23, An Act to Amend the Executive Council Act.Bill 36, An Act to Repeal the Bulk Sales Act.




At 11.16 a.m., the Chairman declared a recess and left the chair.

11.23 o’clock a.m.


At 12.30 o’clock p.m., the Chairman left the chair, to resume again at1 o’clock p.m.

1 o’clock p.m.



And after some further time, Mr. Carr took the chair as ActingChairman.


And after some further time, Mr. Carr took the chair as ActingChairman.


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 ofCommittee Reports, reported that the Committee had had underconsideration the matters referred to them, had made some progresstherein, and asked leave to sit again.Pursuant to Standing Rule 78.1, Mr. Speaker then put the question onthe motion deemed to be before the House, that the report beconcurred in, and it was resolved in the affirmative.




Prayers

Mr. S. Graham laid upon the Table of the House a petition signed byresidents of East Branch urging the government to upgrade andrepair the Stothard Road. (Petition 43)

Mr. Speaker welcomed to the House His Excellency Dr. AlvaroMoerzinger, Ambassador of the Uruguay and Mrs. Ana LuisaMoerzinger.

The following Bill was introduced and read a first time:By Mr. Lamrock,

Bill 60, An Act to Amend the Youth Assistance Act.Ordered that the said Bill be read a second time at the next sitting.

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

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

Mr. MacIntyre gave Notice of Motion 115 that on Tuesday, June 22,2004, he would move the following resolution, seconded byMr. S. Graham:


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

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

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

On motion of Hon. P. Robichaud, seconded by Hon. Mr. Green:Resolved, THAT when the Assembly adjourns on Wednesday,June 16, 2004, it stand adjourned until Thursday, June 17, 2004, at10 o’clock a.m.

Hon. P. Robichaud announced that it was the intention ofgovernment that following second reading of Bills, and with theunanimous consent of the House to dispense with Private Members’Motions, the House would resolve itself into a Committee of Supplyto resume consideration of the estimates of the Department of Healthand Welfare.

It was agreed by unanimous consent to dispense with the two hoursallotted for the consideration of Private Members’ Motions.


The Order being read for second reading of Bill 58, An Act to Amendthe Occupational Health and Safety Act, a debate arose thereon.


Accordingly, Bill 58, An Act to Amend the Occupational Health and SafetyAct, was read a second time and ordered referred to the Committeeof the Whole House.

The Order being read for second reading of Bill 59, An Act to Amendthe Liquor Control Act, a debate arose thereon.

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


And after some time, Mr. Betts took the chair as Acting Chairman.

And after some further time, Mr. Holder resumed the chair.

And after some time, Mr. S. Graham, seconded by Mr. MacIntyre,moved the following motion:

THAT the Committee, when it reports on the estimates of theDepartment of Health & Wellness, inform the House that theCommittee urges the Government to delay any and all bed cuts untilsuch time as:

1. it has presented a long-term care strategy to the House, and;

2. the aforementioned long-term care strategy has beenimplemented in New Brunswick.

Hon. Mr. Green rose on a Point of Order and requested that theChairman rule on whether the motion moved by the Leader of theOpposition was in order.


4.12 o’clock p.m.


Mr. Holder, the Chairman delivered the following ruling with regardto the motion moved by Mr. S. Graham:


STATEMENT BY CHAIRMAN

With respect to the point of order raised by the Leader of theOpposition, I would like to refer to House of Commons Procedure andPractice, edition 2000.

I would like to refer to House of Commons Procedure and Practice, 2000,page 737, which states:

The report of a committee on Estimates ought to correspond, both in itsform and as to its substance, with the authority with which the committeeis invested. As it is the Estimates which have been referred to the committeeby the House, it is the Estimates (as agreed to, reduced or negatived) whichshould be reported back to the House. In making other substantiverecommendations, the committee is clearly going beyond the scope of itsorder of reference, which was to deal with the Estimates. The Speaker hasexpressed strong reservations regarding the inclusion of substantiverecommendations in committee reports on Estimates.

I would also refer to Beauchesne’s sixth edition, page 261, paragraph951, which states: “It is not allowable to attach a condition or anexpression of opinion to a Vote or to change the destination of agrant.”

There is little relevant practice in our House with respect to theconsideration of substantive motions in Committee of Supply otherthan motions to approve, reduce, or negative the estimates. Themotion, as proposed by the Leader of the Opposition, does not dealdirectly with the amounts in the estimates. It is the opinion of thechair that notwithstanding any previous practice in this House, themotion amounts to a substantive recommendation which goesbeyond the scope of the committee’s order of reference, which is toapprove, reduce, or negative the estimates and reports brought to theHouse.

Furthermore, the motion appears to attach a condition to the comingvote on the estimates of the Department of Health and Wellness.Such a motion can only be presented in the House with the requirednotice. I therefore declare the motion out of order.

Pursuant to Standing Rule 80, Mr. Lamrock requested that the rulingof the Chairman, with respect to the motion moved by the Leader ofthe Opposition in Committee of Supply, be appealed to the Speaker.

Mr. Lamrock submitted that there was precedent in New Brunswickfor allowing a substantive motion to be moved in Committee ofSupply. Mr. Lamrock referred to the motion that was moved withoutobjection on May 8, 1986, during consideration of the Estimates in


Committee of Supply. Mr. Lamrock also enquired whether the pointof order with respect to whether the motion in question was in orderwas raised at the earliest opportunity.

Mr. Speaker resumed the chair, and Mr. Holder, the Chairman, afterrequesting that Mr. Speaker revert to Presentations of CommitteeReports, reported that the Committee had had under considerationthe matters referred to them, had made some progress therein, andasked leave to sit again.


Mr. Holder, Chairman of the Committee of Supply, then rose andinformed the Speaker that Mr. S. Graham had moved a motionduring Committee of Supply, that the motion was ruled out of order,and that the ruling had been appealed by the Member forFredericton-Fort Nashwaak.

Mr. Speaker delivered the following ruling.


In the delay following the ruling of the chair of the committee, I havehad time to review the appeal made by the member for Fredericton-Fort Nashwaak. I would like to begin by reiterating the crux of theruling of the chairman of the committee, because I think this is mostrelevant. It is the opinion of the chair, to repeat what was alreadysaid by the chairman, that notwithstanding any previous practices ofthis House, the motion amounts to a substantive recommendationthat goes beyond the scope of the committee’s order of reference,which is to approve, reduce, or negative the estimates and reportback to the House. That is the crux of the ruling.

The member for Fredericton-Fort Nashwaak referred to a similarmotion that was moved in committee on May 8, 1986. At that time,there was no objection raised, and the motion proceeded. The factthat a matter was allowed to proceed, however, does not, in itself,create an absolute precedent that is binding on the House or on asubsequent Speaker.

Where it is found that a prior decision of the House was not inkeeping with the relevant parliamentary authorities and practices ofthe House, except for that one situation, it is therefore not necessarilybinding on a subsequent Speaker or chairman.


In this instance, I have had the opportunity to review the ruling ofthe chair of committee and I also reviewed the relevant authoritiesreferred to, and I am satisfied that the chair has ruled correctly.Therefore, his decision is sustained. However, I also want to indicatethat there is a difference between the procedures of estimates in thiscase, which was referred to by the chairman’s original ruling, and thedifference between a substantive motion in the House. That wouldapply differently. The fact that the debate had occurred today wasonly really a very short beginning, even, on the debate. Had it goneon through a number of speakers, it might have been a little moreserious in that sense, but it was simply a delayed reaction, and it wasbrought to the attention of the House that, in fact, there is anappropriate way to do business in committee which is different froma substantive motion of the House. That is the crux of the matter.


And after some time, Mr. Betts took the chair as Acting Chairman.

And after some further time, Mr. LeBlanc resumed the chair.

And after some further time spent in Committee of Supply,Mr. Speaker resumed the chair, and Mr. C. LeBlanc, the Chairman,after requesting that Mr. Speaker revert to Presentations ofCommittee Reports, reported that the Committee had had underconsideration the matters referred to them, had made some progresstherein, and asked leave to sit again.





Prayers


By Mr. S. Graham,Bill 61, An Act to Amend the Coroners Act.


Mr. MacIntyre gave Notice of Motion 118 that on Thursday, June 24,2004, he would move the following resolution, seconded byMr. S. Graham:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse all invoices, correspondence, letters, e-mails, memoranda,briefing notes, handwritten notes, reports and analyses betweenDeloitte and Touche and the Department of Health and Wellnesspertaining to the production of the draft Provincial Health Planbetween January 2002 and June 9, 2004.

Hon. P. Robichaud announced that it was the intention ofgovernment that following second reading of Bills, the House wouldresolve itself into a Committee of Supply to consider the estimates ofthe Departments of Tourism and Parks, Natural Resources, andAgriculture, Fisheries and Aquaculture.

The Order being read for second reading of Bill 60, An Act to Amendthe Youth Assistance Act, a debate arose thereon.

And after some time, the debate was, on motion of Hon. Ms. Dubé,adjourned over on the following recorded division.

YEAS - 27

Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. E. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

278 June 1652 - 53 Elizabeth II, 2003 -2004

NAYS - 22

Mr. McGinley Mr. Branch Mr. MurphyMr. Jamieson Ms. Weir Mr. KennyMr. MacIntyre Mr. Kennedy Mr. ArseneaultMr. Allaby Mr. Ouellette Mr. AlbertMr. S. Graham Ms. Robichaud Mr. PaulinMr. Haché Mr. Lamrock Mr. DoucetMr. Armstrong Mr. Burke Mr. BrewerMr. Landry



2 o’clock p.m.


At 3.59 o’clock the Chairman declared a recess and left the chair.

4.09 o’clock p.m.


With the unanimous consent of the House, the opening statement ofthe Minister of Natural Resources was deemed to have been readinto the record.


It was agreed by unanimous consent to extend the ordinary hours ofsitting and to adjourn at 7 o’clock p.m.

And after some time, due to the unavoidable absence of Mr. Speaker,Mr. C. LeBlanc, the Deputy Speaker, resumed the chair, andMr. Holder, the Chairman, after requesting that Mr. Deputy Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, 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 thequestion on the motion deemed to be before the House, that thereport be concurred in, and it was resolved in the affirmative.



MAIN ESTIMATES, 2004-2005

ORDINARY ACCOUNT

DEPARTMENT OF TOURISM AND PARKSResolved, That there be granted to Her Majesty a sum not exceeding$24,016,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Administration ................................................................................................ 632,000Business and Tourism Infrastructure .......................................................... 23,421,000 Less amounts authorized by law ............................................................. 37,000Voted ............................................................................................................ 24,016,000

DEPARTMENT OF NATURAL RESOURCES AND ENERGYResolved, That there be granted to Her Majesty a sum not exceeding$90,605,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Forest Management ........................................................................................ 51,017,000Fish and Wildlife Management ................................................................... 10,307,000Minerals Management ................................................................................... 6,464,000Corporate Services ......................................................................................... 7,687,000Land Management and Natural Areas ...................................................... 4,772,000Regional Management ................................................................................... 9,552,000First Nation’s Wood Harvest ........................................................................ 843,000

Less amounts authorized by law ............................................................. 37,000Voted .......................................................................................................... 90,605,000

CAPITAL ACCOUNT

DEPARTMENT OF TOURISM AND PARKSResolved, That there be granted to Her Majesty a sum not exceeding$500,000 to defray the expenses of the following program allocationfor the fiscal year ending the 31st of March, 2005:Parks – Capital Improvements ..................................................................... 500,000

DEPARTMENT OF NATURAL RESOURCES AND ENERGYResolved, That there be granted to Her Majesty a sum not exceeding$1,600,000 to defray the expenses of the following program allocationfor the fiscal year ending the 31st of March, 2005:Musquash Watershed Infrastructure - Capital Improvements .......................................................................... 1,600,000

280 June 1652 - 53 Elizabeth II, 2003 -2004

WORKING CAPITAL – MAXIMUM BALANCES

PETTY CASH ADVANCESTourism and Parks .......................................................................................... 25,000Natural Resources and Energy .................................................................... 30,000

INVENTORIESTourism and Parks .......................................................................................... 150,000Natural Resources and Energy .................................................................... 510,000


And then, 7 o’clock p.m. the House adjourned.


Documents requested in Notice of Motion 95 June 16, 2004



10 o’clock a.m.

Prayers


By Mr. Stiles,Bill 62, Embalmers, Funeral Directors and Funeral Providers Act.

Ordered that the said Bill be referred to the Standing Committee onPrivate Bills.

Hon. P. Robichaud announced that it was the intention ofgovernment that following second reading of Bills, and with theunanimous consent of the House to dispense with Private Members’Motions, the House would resolve itself into a Committee of Supplyto take into consideration the estimates of the Department ofAgriculture, Fisheries and Aquaculture and the Department ofTraining and Employment Development.


The Order being read for second reading of Bill 61, An Act to Amendthe Coroners Act, a debate arose thereon.

And after some time, the debate was, on motion of Hon. Mr. Steeves,adjourned over on the following recorded division.

YEAS - 25

Hon. Ms. Blaney Hon. Mr. Steeves Hon. Mr. HuntjensHon. E. Robichaud Hon. Ms. Dubé Mr. BettsHon. Mr. Mesheau Hon. Ms. Poirier Mr. MalleyHon. Mr. Volpé Hon. Mr. Ashfield Mr. WilliamsHon. Mr. Lord Hon. Mr. Fitch Mr. CarrHon. Mr. Green Hon. Ms. Fowlie Mr. StilesHon. D. Graham Hon. P. Robichaud Mr. HolderHon. Mr. Mockler Hon. Mr. Alward Mr. C. LeBlancHon. Ms. MacAlpine

NAYS - 21

Mr. McGinley Mr. Ouellette Mr. ArseneaultMr. Allaby Ms. Robichaud Mr. AlbertMr. S. Graham Mr. Lamrock Mr. A. LeBlanc


Mr. Haché Mr. Targett Mr. PaulinMr. Armstrong Mr. Burke Mr. DoucetMr. Landry Mr. Murphy Mr. BoudreauMr. Branch Mr. Kenny Mr. Brewer


It was agreed by unanimous consent to vary the hours of sitting, torecess at 12 noon and to resume at 1 o’clock p.m.

At 12 o’clock, the Chairman left the chair to resume again at 1 o’clockp.m.

1 o’clock p.m.


At 3 o’clock p.m., the Chairman declared a 5-minute recess and leftthe chair.

3.05 o’clock p.m.




It was agreed by unanimous consent to extend the ordinary hours ofsitting and to adjourn at 7 o’clock p.m.

And after some time Mr. Speaker resumed the chair, andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that theCommittee had had under consideration the matters referred tothem, had made some progress therein, had passed several items,and asked leave to sit again.





DEPARTMENT OF AGRICULTURE, FISHERIES ANDAQUACULTUREResolved, That there be granted to Her Majesty a sum not exceeding$28,450,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Management Services .................................................................................... 3,958,000Agriculture Development and Innovation ................................................ 18,933,000Fisheries, Aquaculture and Policy ............................................................... 5,596,000 Less amounts authorized by law ............................................................. 37,000Voted ............................................................................................................ 28,450,000

DEPARTMENT OF TRAINING AND EMPLOYMENTDEVELOPMENTResolved, That there be granted to Her Majesty a sum not exceeding$193,547,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Corporate Services ....................................................................................... 69,534,000Apprenticeship Services .............................................................................. 3,302,000Adult Learning Opportunities ................................................................... 3,386,000Advocacy Programs ...................................................................................... 974,000Labour Services ............................................................................................. 1,657,000Employment Development ........................................................................ 22,771,000Labour Market Development ..................................................................... 91,960,000 Less amounts authorized by law ............................................................ 37,000Voted ........................................................................................................ 193,547,000

GENERAL GOVERNMENTVoted, Supply in the following amount to defray the expenses of thefollowing program for the fiscal year ending the 31st of March, 2005:Labour and Employment Board .................................................................. 589,000

CAPITAL ACCOUNT

DEPARTMENT OF AGRICULTURE, FISHERIES ANDAQUACULTUREResolved, That there be granted to Her Majesty a sum not exceeding$300,000 to defray the expenses of the following program allocationfor the fiscal year ending the 31st of March, 2005:Capital Improvements .......................................................................... 300,000


LOANS AND ADVANCES

DEPARTMENT OF AGRICULTURE, FISHERIES ANDAQUACULTUREResolved, That there be granted to Her Majesty a sum not exceeding$1,600,000 to defray the expenses of the following program allocationfor the fiscal year ending the 31st of March, 2005:New Brunswick Crop Insurance Commission ......................................... 1,600,000


WORKING CAPITAL ADVANCESAgriculture, Fisheries and Aquaculture ..................................................... 1,100,000Workplace Health, Safety and Compensation Commission .................. 1,080,000

PETTY CASH ADVANCESAgriculture, Fisheries and Aquaculture ..................................................... 25,000Training and Employment Development .................................................. 20,000

INVENTORIESAgriculture, Fisheries and Aquaculture ..................................................... 1,000Training and Employment Development .................................................. 1,250,000





10 o’clock a.m.

Prayers


By Mr. A. LeBlanc,Bill 63, An Act to Amend the Workers’ Compensation Act.Bill 64, An Act to Amend the Workers’ Compensation Act.


Hon. P. Robichaud announced that it was the intention ofgovernment that the House resolve itself into a Committee of theWhole House to consider legislation; namely, Bills 58, 37 and 13;following which, the House would resolve itself into a Committeeof Supply to consider the estimates of the Department of Energy,the Aboriginal Affairs Secretariat, and the Department of Justice.


The House resolved itself into a Committee of the Whole withMr. C. LeBlanc in the chair.


And after some further time, Mr. Speaker resumed the chair andMr. Holder, the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that he had beendirected to report the following Bills as agreed to:

Bill 13, An Act Respecting Mental Health and Public Health Services.Bill 37, Human Tissue Gift Act.Bill 58, An Act to Amend the Occupational Health and Safety Act.






1 o’clock p.m.


And after some time, Mr. Williams took the chair as Acting Chairman.

And after some further time, Mr. Holder took the chair.

And after some further time spent in Committee of Supply,Mr. Speaker resumed the chair, and Mr. Holder, the Chairman,after requesting that Mr. Speaker revert to Presentations ofCommittee Reports, reported that the Committee had had underconsideration the matters referred to them, had made some progresstherein, had passed several items, and asked leave to sit again.




DEPARTMENT OF ENERGYResolved, That there be granted to Her Majesty a sum not exceeding$1,857,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Administration ................................................................................................ 518,000Energy Policy Management .......................................................................... 1,376,000 Less amounts authorized by law ............................................................. 37,000Voted ............................................................................................................ 1,857,000

DEPARTMENT OF JUSTICEResolved, That there be granted to Her Majesty a sum not exceeding$41,978,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Administration and Planning ..................................................................... 3,868,000Attorney General .......................................................................................... 12,545,000Court Services ............................................................................................... 19,260,000Justice Services .............................................................................................. 2,693,000Legal Aid ........................................................................................................ 3,649,000 Less amounts authorized by law ........................................................... 37,000Voted ........................................................................................................ 41,978,000


GENERAL GOVERNMENTVoted, Supply in the following amount to defray the expenses of thefollowing program for the fiscal year ending the 31st of March, 2005:Aboriginal Affairs Secretariat ....................................................................... 746,000

WORKING CAPITAL – MAXIMUM BALANCESWORKING CAPITAL ADVANCESGeneral Government - New Brunswick Board of Commissioners of Public Utilities ........................................... 500,000Justice - Rentalsman ..................................................................................... 150,000

PETTY CASH ADVANCESJustice ............................................................................................................ 30,000





PrayersFollowing prayers, to commemorate National Aboriginal Daycelebrated on June 21, Ms. Holly Jane Francis sang the nationalanthem in the Mi’kmaq language.

Hon. Mr. Mockler recognized the contributions of former PremiersLouis J. Robichaud (1960-1970) and Richard B. Hatfield (1070-1987) tothe cultural history of the province of New Brunswick.

During Congratulatory Messages, Mr. Allaby rose on a point of orderand submitted that the Minister of Education, Ms. Dubé, haddelivered a Minister’s Statement. Mr. Speaker ruled the commentsmade by the Minister were congratulatory in nature.

Following Oral Questions, Mr. Allaby rose on a point of order andsubmitted that the Minister of Environment and Local Governmentshould be required to table a document to which she referred duringher response to a question. Hon. Mr. Green spoke to the point oforder. Mr. Speaker ruled that unless documentation is quoteddirectly, it is not necessary that it be tabled.

Mr. Boudreau gave Notice of Motion 119 that on Tuesday, June 29,2004, he would move the following resolution, seconded byMs. Robichaud:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse all documentation, memorandums, e-mails, faxes, letters, etc.between this government and District Education Councils withrespect to any cuts in hours or positions of teachers’ aides and schoollibrary staff since April 1, 2004.

Mr. Jamieson gave Notice of Motion 120 that on Tuesday, June 29,2004, he would move the following resolution, seconded byMr. Burke:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse the Remediation Plan(s) submitted to the Department of theEnvironment and Local Government and all related e-mails, faxes,


documentation, memorandums, letters, etc. with respect to thecoastal development that has been undertaken by Gilles and/orMichel LeBlanc on Euclide-Leger Road in Cap-Brûlé.

It was agreed by unanimous consent to dispense with the two hoursallotted for the consideration of Private Members’ Motions and tovary the hours of sitting, to recess at 6 o’clock p.m., to resume at7 o’clock p.m., and to adjourn at 10 o’clock p.m.


Resolved, THAT when the Assembly adjourns on Wednesday,June 23, 2004, it stand adjourned until Thursday, June 24, 2004,at 10 o’clock a.m.

Hon. Mr. Green announced that it was the intention of governmentthat following third and second reading of Bills, the House wouldresolve itself into a Committee of Supply to consider the estimatesof the Department of Family and Community Services and the NewBrunswick Advisory Council on Seniors.

The following Bills were read a third time:Bill 13, An Act Respecting Mental Health and Public Health Services.Bill 37, Human Tissue Gift Act.Bill 58, An Act to Amend the Occupational Health and Safety Act.Ordered that the said Bills do pass.

The Order being read for second reading of Bill 63, An Act to Amendthe Workers’ Compensation Act, a debate arose thereon.And after some time, the debate was, on motion of Hon. Ms. Blaneyadjourned over on the following recorded division:

YEAS - 26Hon. Ms. Blaney Mr. Sherwood Mr. BettsHon. E. Robichaud Hon. Mr. Steeves Mr. MalleyHon. Mr. Mesheau Hon. Ms. Dubé Mr. WilliamsHon. Mr. Volpé Hon. Ms. Poirier Mr. CarrHon. Mr. Lord Hon. Mr. Ashfield Mr. MacDonaldHon. Mr. Green Hon. Mr. Fitch Mr. StilesHon. D. Graham Hon. Ms. Fowlie Mr. HolderHon. Mr. Mockler Hon. Mr. Alward Mr. LeBlancHon. Ms. MacAlpine Hon. Mr. Huntjens


NAYS - 23Mr. McGinley Mr. Branch Mr. ArseneaultMr. Jamieson Ms. Weir Mr. AlbertMr. MacIntyre Mr. Kennedy Mr. A. LeBlancMr. Allaby Mr. Ouellette Mr. PaulinMr. S. Graham Ms. Robichaud Mr. DoucetMr. Haché Mr. Burke Mr. BoudreauMr. Armstrong Mr. Murphy Mr. BrewerMr. Landry Mr. Kenny

The Order being read for second reading of Bill 64, An Act to Amendthe Workers’ Compensation Acta debate arose thereon.

And after some time, the debate was, on motion of Hon. Ms. Blaneyadjourned over on the following recorded division:

YEAS - 25

Hon. Ms. Blaney Hon. Mr. Steeves Mr. BettsHon. E. Robichaud Hon. Ms. Dubé Mr. MalleyHon. Mr. Mesheau Hon. Ms. Poirier Mr. WilliamsHon. Mr. Volpé Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. Mr. Alward Mr. HolderHon. Ms. MacAlpine Hon. Mr. Huntjens Mr. C. LeBlancMr. Sherwood

NAYS - 21

Mr. McGinley Mr. Landry Mr. ArseneaultMr. Jamieson Ms. Weir Mr. AlbertMr. MacIntyre Mr. Ouellette Mr. A. LeBlancMr. Allaby Ms. Robichaud Mr. PaulinMr. S. Graham Mr. Burke Mr. DoucetMr. Haché Mr. Murphy Mr. BoudreauMr. Armstrong Mr. Kenny Mr. Brewer


And after some time, Mr. Williams took the chair as Acting Chairman.


At 6 o’clock p.m., the Chairman declared a recess and left the chair.


7 o’clock p.m.



And after some further time, Mr. Betts took the chair as ActingChairman.

And after some further time spent in Committee of Supply,Mr. Holder resumed the chair.

And after some time, Mr. Carr took the chair as Acting Chairman.


Mr. Speaker resumed the chair, and Mr. Holder, the Chairman, afterrequesting that Mr. Speaker revert to Presentations of CommitteeReports, reported that the Committee had had under considerationthe matters referred to them, had made some progress therein, hadpassed several items, and asked leave to sit again.




GENERAL GOVERNMENTVoted, Supply in the following amount to defray the expenses of thefollowing program for the fiscal year ending the 31st of March, 2005:New Brunswick Advisory Council on Seniors ......................................... 204,000,000


The following documents, having been deposited with the Clerk ofthe House since the last sitting of the House, were deemed laid uponthe table of the House, pursuant to Standing Rule 39:

Documents requested in Notices of Motions 98 and 104 June 18, 2004


Wednesday, June 23, 2004.

10 o’clock a.m.

Prayers

Mr. Sherwood from the Standing Committee on Private Bills,presented the Fourth Report of the Committee for the session whichwas read and is as follows:

June 23, 2004.


Mr. Speaker:

Your Standing Committee on Private Bills begs leave to submit this,their Fourth Report of the session.

Your Committee met on June 22, 2004, in the Legislative CouncilChamber and had under consideration:

Bill 57, Optometry Act, 2004.

which it recommends to the favourable consideration of the Housewith certain amendments.


Bill 62, Embalmers, Funeral Directors and Funeral Providers Act.




Mr. Milton Sherwood, MLA.Chairman.


Hon. Mr. Volpé, Minister of Finance, delivered to Mr. Speaker aMessage from His Honour, the Lieutenant-Governor, and the saidMessage was read by Mr. Speaker, all the Members standing, and isas follows:


Fredericton, N.B.June 23, 2004.

His Honour the Lieutenant-Governor transmits a Bill entitled SpecialAppropriation Act 2004 and having been informed of the subjectmatter of the Bill, recommends the same to the House.



By Hon. Mr. Volpé,Bill 65, Special Appropriation Act 2004.Bill 66, Loan Act 2004.Bill 67, An Act to Amend the Real Property Tax Act.Bill 68, An Act to Amend the New Brunswick Income Tax Act.

By Hon. Mr. Volpé on behalf of Hon. Mr. Green,Bill 69, An Act Respecting the Fines for Provincial Offences.Bill 70, An Act to Amend the Provincial Court Act.

By Hon. D. Graham on behalf of Hon. Mr. Lord,Bill 71, An Act to Amend the Executive Council Act.

By Hon. Mr. Steeves,Bill 72, An Act to Amend the Motor Vehicle Act.

By Hon. Ms. Poirier,Bill 73, An Act to Amend the Public Service Superannuation Act.

By Hon. Mr. Mockler,Bill 74, An Act to Amend the Personal Property Security Act.


Hon. P. Robichaud announced that it was the intention ofgovernment that the House resolve itself into a Committee of Supplyto resume consideration of the estimates of the Department of Familyand Community Services and to begin consideration of the followingestimates: Intergovernmental and International Relations,Intergovernmental Conferences, Council of Atlantic Premiers,Culture and Sport Secretariat, Service New Brunswick - GovernmentService Delivery, Consolidated Entities, New Brunswick PoliceCommission, and the Department of Public Safety.




2 o’clock p.m.


It was agreed by unanimous consent, that the opening statement ofHon. Mr. Mockler, the Minister of Intergovernmental andInternational Relations, as tabled with the Chairman, be deemed tohave been read into the record.

And after some time, Mr. Malley took the chair as Acting Chairman.

And after some further time, Mr. Holder took the chair.



And after some further time spent in Committee of Supply,Mr. Holder took the chair.

And after some time, Mr. Speaker resumed the chair, andMr. Holder, the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that the Committeehad had under consideration the matters referred to them, had madesome progress therein, had passed several items, and asked leave tosit again.




DEPARTMENT OF FAMILY AND COMMUNITY SERVICESResolved, That there be granted to Her Majesty a sum not exceeding$707,681,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Planning and Corporate Services .............................................................. 7,379,000Family and Community Social Services ................................................... 396,599,000Income Security ............................................................................................ 227,710,000Housing Services .......................................................................................... 72,491,000Program Development and Monitoring .................................................. 3,539,000 Less amounts authorized by law ........................................................... 37,000Voted .......................................................................................................... 707,681,000


LOANS AND ADVANCES

DEPARTMENT OF FAMILY AND COMMUNITY SERVICESVoted, Supply in the following amount to defray the expenses of thefollowing program allocations for the fiscal year ending March 31,2005:Housing .......................................................................................................... 5,405,000

WORKING CAPITAL – MAXIMUM BALANCES2004-2005 Voted

WORKING CAPITAL ADVANCESFamily and Community Services - Replacement cheques ..................... 1,900,000

PETTY CASH ADVANCESFamily and Community Services ................................................................ 24,000

INVENTORIESFamily and Community Services ................................................................ 100,000




Documents requested in Notice of Motion 88 June 22, 2004



10 o’clock a.m.PrayersOn the occasion of the festivities surrounding the 400th anniversaryof the first French settlement in North America, the Honourable thePremier welcomed to the House the following representatives of thegovernment of the Department of the North in France: BernardDerosier, President of the Conseil Général du Nord and member ofthe Assemblée Départementale; Renaud Tardy, Vice-PresidentResponsible for Culture; Danièle Fardel-Thinon, Vice-PresidentResponsible for Employment, Economic Development and NewTechnologies; Jocya Vancoillie, Vice-President Responsible for Sportsand Tourism; Jean Schepman, Vice-President Responsible for theEnvironment, Human Environment, Water Policy, and Agenda 21;Delphine Bataille, Vice-President Responsible for Youth and YouthIntegration; Didier Manier, Vice-President Responsible for CorporateAffairs.


By Hon. E. Robichaud,Bill 75, Smoke-free Places Act.

By Mr. S. Graham,Bill 76, An Act to Amend the Income Tax Act.


Hon. P. Robichaud announced that it was the intention ofgovernment that following second reading, the House would resolveitself into a Committee of Supply to take into consideration theestimates of the Departments of Health and Wellness, Transportation,and Public Safety.



Bill 57, Optometry Act, 2004.Bill 62, Embalmers, Funeral Directors and Funeral Providers Act.Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bill 57and 62 for third reading forthwith.


The following Private Bills were read a third time:Bill 57, Optometry Act, 2004.Bill 62, Embalmers, Funeral Directors and Funeral Providers Act.


The Order being read for second reading of Bill 65, SpecialAppropriation Act 2004, a debate arose thereon.


Accordingly, Bill 65, Special Appropriation Act 2004, was read a secondtime and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 66, Loan Act 2004, adebate arose thereon.


Accordingly, Bill 66, Loan Act 2004, was read a second time andordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 67, An Act to Amendthe Real Property Tax Act, a debate arose thereon.


Accordingly, Bill 67, An Act to Amend the Real Property Tax Act, wasread a second time and ordered referred to the Committee of theWhole House.

It was agreed by unanimous consent to vary the hours of sitting, torecess at 12 noon, and to resume at 1 o’clock p.m.

At 12 noon, Mr. Speaker left the chair to resume again at 1 o’clockp.m.

1 o’clock p.m.


The following Bills were read a second time:


Bill 68, An Act to Amend the New Brunswick Income Tax Act.Bill 69, An Act Respecting the Fines for Provincial Offences.Bill 70, An Act to Amend the Provincial Court Act.Bill 71, An Act to Amend the Executive Council Act.Ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 72, An Act to Amendthe Motor Vehicle Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 72be now read a second time, it was resolved in the affirmative.Accordingly, Bill 72, An Act to Amend the Motor Vehicle Act, was read asecond time and ordered referred to the Committee of the WholeHouse.

The following Bills were read a second time:Bill 73, An Act to Amend the Public Service Superannuation Act.Bill 74, An Act to Amend the Personal Property Security Act.Ordered referred to the Committee of the Whole House.

The House, according to Order, resolved itself into a Committee ofSupply with Mr. C. LeBlanc in the chair.At 1.52 the Chairman declared a recess and left the chair.

2.15 o’clock p.m.The Committee resumed with Mr. Holder in the chair.

It was agreed by unanimous consent to vary the hours of sitting, torecess at 6 o’clock p.m., to resume at 7 o’clock p.m., and to adjourn at10 o’clock p.m.

Hon. Mr. Mockler welcomed to the Chamber Paul Cellucci,Ambassador to Canada, and Leonard Hill, Consul General at the U.S.Consulate General in Halifax, Nova Scotia.

It was agreed by unanimous consent, that the opening statement ofHon. P. Robichaud, the Minister of Transportation, as tabled with theChairman, be deemed to have been read into the record.And after some time, Mr. Williams 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. LeBlanc resumed the chair.And after some time, Mr. Holder resumed the chair.At 6 o’clock p.m., the Chairman declared a recess and left the chair.

7 o’clock p.m.The Committee resumed with Mr. Holder in the chair.And after some time, Mr. MacDonald took the chair as ActingChairman.And after some further time, Mr. C. LeBlanc resumed the chair.And after some further time spent in Committee of Supply,Mr. Holder resumed the chair.And after some time, Mr. C. LeBlanc resumed the chair.It was agreed by unanimous consent to extend the hours of sitting to10.45 o’clock p.m.And after some further time, due to the unavoidable absence ofMr. Speaker, Mr. Holder, the Deputy Speaker took the chair as ActingSpeaker, and Mr. C. LeBlanc, the Chairman, after requesting that theDeputy Speaker revert to Presentations of Committee Reports,reported that the Committee had had under consideration thematters referred to them, had made some progress therein, hadpassed several items, and asked leave to sit again.Pursuant to Standing Rule 78.1, the Deputy Speaker then put thequestion on the motion deemed to be before the House, that thereport be concurred in, and it was resolved in the affirmative.The following are the items reported:


DEPARTMENT TRANSPORTATIONResolved, That there be granted to Her Majesty a sum not exceeding$131,334,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Administration ............................................................................................. 21,244,000Policy, Development and Intergovernmental Relations ..................... 3,021,000Maintenance ................................................................................................. 55,003,000Winter Maintenance ................................................................................... 45,821,000Bridge and Highway Construction .......................................................... 4,696,000New Brunswick Highway Corporation .................................................. 11,191,000 Less amounts authorized by law .......................................................... 9,642,000Voted ......................................................................................................... 131,334,000


CAPITAL ACCOUNT

DEPARTMENT OF TRANSPORTATIONResolved, That there be granted to Her Majesty a sum not exceeding$248,750,000 to defray the expenses of the following Capital accountprogram allocations for the fiscal year ending the 31st of March, 2005:

Permanent Bridges ..................................................................................... 33,355,000Permanent Highways ................................................................................ 85,955,000Canada-New Brunswick Highway Improvement Program .............. 13,190,000Canada-New Brunswick Strategic Highway Infrastructure Program ........................................................ 10,500,000Canada-New Brunswick Strategic Infrastructure Program ........................................................................... 78,100,000Canada-New Brunswick Border Infrastructure Program .................. 5,000,000Routes 11 and 17 ........................................................................................ 15,650,000Vehicle Management Agency ................................................................... 7,000,000Voted .......................................................................................................... 248,750,000

WORKING CAPITAL - MAXIMUM BALANCES2004 - 2005 Voted

PETTY CASH ADVANCESTransportation ................................................................................................. 50,000

INVENTORIESTransportation ............................................................................................ 19,000,000





10 o’clock a.m.

Prayers.

The honourable the Premier welcomed to the House Eldon Rogersand Ed Oursien, members of the Canadian Association of Veterans inUnited Nations Peacekeeping in recognition of August 9 beingdeclared Peacekeeping Memorial Day in New Brunswick.

Mr. Speaker welcomed to the House a delegation of GermanParliamentarians representing the Partnership of Parliaments: AlfonsSchöps, Executive Director, Hon. Axel Hahn, MdA, Board Member;and André Reiser, member.

Hon. Ms. Poirier, Minister Responsible for the Office of HumanResources and Member for Rogersville-Kouchibouguac, laid uponthe table of the House a petition signed by members of the public forthe protection of the forests of New Brunswick who are against clearcutting and who are for select cutting. (Petition 44).

Hon. Ms. Poirier, Minister Responsible for the Office of HumanResources and Member for Rogersville-Kouchibouguac, laid uponthe table of the House a petition signed by members of the workingpublic who could not attend the public hearings of the SelectCommittee on Wood supply, urging that Crown lands be managedvia proper forestry practices in order to benefit the people of N.B.(Petition 45)

Mr. Arseneault, Member for Dalhousie-Restigouche East, laid uponthe table of the House a petition signed by citizens from theRestigouche County area who oppose the new health plan and theelimination of St. Joseph Hospital. (Petition 46)


By Ms. Weir,Bill 77, Pay Equity Act.




Resolved, THAT when the Assembly adjourns at the end of thissitting day, it stand adjourned until 10 o’clock a.m. on Tuesday,June 29, 2004, at 10 o’clock a.m.

Hon. P. Robichaud announced that it was the intention ofgovernment that following second reading, the House would resolveitself into a Committee of Supply to consider the estimates of theDepartment of Intergovernmental and International Relations,Intergovernmental Conferences, Council of Atlantic Premiers,Culture and Sport Secretariat, Service New Brunswick, ConsolidatedEntities, N.B. Police Commission, Department of Public Safety, andLegislative Assembly; following which, the House would resolveitself into a Committee of the Whole House to consider legislation;namely, Bills 22, 33, 38, 65, 67, 68, 69, 70, 71, 72, 73 and 74.


The Order being read for second reading of Bill 75, Smoke-free PlacesAct, 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 thatBill 75 be now read a second time, it was resolved in the affirmative.Accordingly, Bill 75, Smoke-free Places Act, was read a second time andordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 76, An Act to Amendthe Income Tax Act, a debate arose thereon.

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



1 o’clock p.m.



It was agreed by unanimous consent, that the opening statement ofHon. Mr. Steeves, the Minister of Public Safety, as tabled with theChairman, be deemed to have been read into the record.

And after some time, Mr. Speaker resumed the chair, andMr. LeBlanc, the Chairman, after requesting that Mr. Speaker revertto Presentations of Committee Reports, reported that the Committeehad had under consideration the matters referred to them, had madesome progress therein, had passed several items, and asked leave tosit again.




DEPARTMENT OF INTERGOVERNMENTAL ANDINTERNATIONAL RELATIONSResolved, That there be granted to Her Majesty a sum not exceeding$3,113,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Intergovernmental and International Relations .................................. 3,150,000 Less amounts authorized by law ......................................................... 37,000Voted ......................................................................................................... 3,113,000

DEPARTMENT OF PUBLIC SAFETYResolved, That there be granted to Her Majesty a sum not exceeding$89,137 to defray the expenses of the following program allocationsfor the fiscal year ending the 31st of March, 2005:Corporate Services and Planning ................................................................ 4,427,000Community and Correctional Services ...................................................... 29,342,000Safety Services ................................................................................................. 55,405,000 Less amounts authorized by law .............................................................. 37,000Voted ............................................................................................................ 89,137,000

LEGISLATIVE ASSEMBLYVoted, Supply in the following amounts to defray the expenses of thefollowing programs for the fiscal year ending the 31st of March, 2005:Members’ Allowances and Committees ..................................................... 2,478,000Office of the Legislative Assembly .............................................................. 2,675,000Office of the Auditor General ...................................................................... 1,691,000Leaders of Registered Political Parties ........................................................ 1,581,000


Office of the Chief Electoral Officer ........................................................... 4,954,000Office of the Ombudsman .......................................................................... 693,000Office of the Supervisor of Political Financing ......................................... 132,000Office of the Commissioner of Official Languages .................................. 505,000

GENERAL GOVERNMENTVoted, Supply in the following amounts to defray the expenses of thefollowing programs for the fiscal year ending the 31st of March, 2005:Service New Brunswick - Government Service Delivery .................. 16,904,000Service New Brunswick - Property Tax Assessment Provision ......... 5,885,000Service New Brunswick - Land Information Services ........................ 2,546,000Intergovernmental Conferences ............................................................. 25,000Council of Atlantic Premiers ..................................................................... 772,000Culture and Sport Secretariat .................................................................. 11,766,000Consolidated Entities ................................................................................. 0New Brunswick Police Commission ........................................................... 159,000


PETTY CASH ADVANCES VotedPublic Safety .................................................................................................... 25,000Other (small departments) ........................................................................... 40,000



And after some time, it was agreed by unanimous consent tocontinue sitting until 5 o’clock p.m. and to consider Bill 75 duringthis sitting of the Committee of the Whole House.

And after some further time, Mr. Speaker resumed the chair andMr. Holder, the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that he had beendirected to report the following Bills as agreed to:

Bill 22, An Act to Amend the Education Act.Bill 33, An Act to Amend the Clean Water Act.Bill 38, An Act Respecting Sunday Shopping.Bill 65, Special Appropriation Act 2004.Bill 66, Loan Act 2004.Bill 67, An Act to Amend the Real Property Tax Act.Bill 68, An Act to Amend the New Brunswick Income Tax Act.Bill 69, An Act Respecting the Fines for Provincial Offences.Bill 70, An Act to Amend the Provincial Court Act.Bill 71, An Act to Amend the Executive Council Act.Bill 72, An Act to Amend the Motor Vehicle Act.


Bill 73, An Act to Amend the Public Service Superannuation Act.Bill 74, An Act to Amend the Personal Property Security Act.Bill 75, Smoke-free Places Act.



And then 5.38 o’clock p.m., the House adjourned.


Tuesday, June 29, 2004.

10 o’clock a.m.

Prayers.

Mr. McGinley, Member for Grand Lake, laid upon the table of theHouse a petition signed by residents of the Cumberland Bay-Chipman area who want to make known their strong disapproval ofthe proposed Industrial Waste Landfill which Irving Pulp and Paperare planning for the Coal Creek Area. (Petition 47)

Hon. Mr. Green laid upon the table of the House the followingdocuments:

1. New Brunswick Automobile Insurance Review Report. Prepared forthe New Brunswick Office of the Attorney General, June 25, 2004.Prepared by PricewaterhouseCoopers LLP.

2. Report to the Office of the Attorney General for the Province of NewBrunswick on the Review of the Final Report of the Select Committee onPublic Automobile Insurance. Prepared by: Brian G. Pelly, Fellow,Canadian Institute of Actuaries, Eckler Partners Ltd.


By Hon. Mr. Green,Bill 78, An Act to Amend the Insurance Act.Bill 79, Consumer Advocate for Insurance Act.

By Hon. Mr. Steeves,Bill 80, An Act to Amend the Motor Vehicle Act.

By Hon. Mr. Green,Bill 81, An Act to Amend the Legal Aid Act.


Mr. Allaby gave Notice of Motion 121 that on Tuesday, July 6, 2004, hewould 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 theHouse all correspondence, including e-mails, faxes, letters,memoranda and briefing notes relating to plans for the extension ofthe Ring Road from Marysville to South Portage (36 kms of highwayand all associated small bridge structures commonly referred to asthe Route 8 by-pass), for the period January 1997 to June 2004.


Hon. Mr. Green announced that it was the intention of governmentthat following third and second reading, the House would resolveitself into a Committee of Supply to resume consideration of theestimates of the Department of Health and Wellness; followingwhich, with leave of the House to revert to Introduction of Bills, thegovernment would introduce the Appropriations Act 2004-2005 andproceed with second reading, Committee of the Whole House, andthird reading of said Bill, following which, with leave, the Housewould proceed with second reading of Bills 78, 79, and 80.

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

12 o’clock noon.

Mr. Speaker declared a recess and left the chair.

1 o’clock p.m.



Bill 22, An Act to Amend the Education Act.


The Order being read for third reading of Bill 33, An Act to Amend theClean Water Act, a debate arose thereon.

And the debate being ended, and the question being put that Bill 33be now read a third time, it was resolved in the affirmative.

Accordingly, Bill 33, An Act to Amend the Clean Water Act, was read athird time and passed.

The Order being read for third reading of Bill 38, An Act RespectingSunday Shopping, a debate arose thereon.

And the debate being ended, and the question being put that Bill 38be now read a third time, it was resolved in the affirmative.

Accordingly, Bill 38, An Act Respecting Sunday Shopping, was read athird time and passed.



Bill 65, Special Appropriation Act 2004.Bill 66, Loan Act 2004.Bill 67, An Act to Amend the Real Property Tax Act.Ordered that the said Bills do pass.

The Order being read for third reading of Bill 68, An Act to Amend theNew Brunswick Income Tax Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 68be now read a third time, it was resolved in the affirmative.Accordingly, Bill 68, An Act to Amend the New Brunswick Income TaxAct, was read a third time and passed.

The Order being read for third reading of Bill 69, An Act Respectingthe Fines for Provincial Offences, a debate arose thereon.And the debate being ended, and the question being put that Bill 69be now read a third time, it was resolved in the affirmative.Accordingly, Bill 69, An Act Respecting the Fines for Provincial Offences,was read a third time and passed.

The following Bills were read a third time:Bill 70, An Act to Amend the Provincial Court Act.Bill 71, An Act to Amend the Executive Council Act.Bill 72, An Act to Amend the Motor Vehicle Act.Bill 73, An Act to Amend the Public Service Superannuation Act.Bill 74, An Act to Amend the Personal Property Security Act.Bill 75, Smoke-free Places Act.Ordered that the said Bills do pass.

The Order being read for second reading of Bill 77, Pay Equity Act, adebate arose thereon.And after some time, Ms. Weir, seconded by Ms. Robichaud, movedin amendment:

AMENDMENTTHAT the motion for second reading be amended by deleting all thewords after the word “that” and substituting the following:Bill 77, Pay Equity Act, be not now read a second time, but that theorder for second reading be discharged and the subject matter of theBill referred to the Standing Committee on Law Amendments.And the question being put, it was resolved in the affirmative.


It was agreed by unanimous consent to dispense with the two hoursallotted for consideration of Private Members’ Motions.


And after some time, the motion, that there be granted to HerMajesty a sum not exceeding $1,609,634,000 to defray the expenses ofthe Ordinary Account program allocations, for the Department ofHealth and Wellness for the fiscal year ending the 31st of March,2005, was adopted on the following recorded division:

YEAS - 26Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward

NAYS - 25Mr. McGinley Ms. Weir Mr. KennyMr. Jamieson Mr. Kennedy Mr. ArseneaultMr. MacIntyre Mr. Ouellette Mr. AlbertMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch

And after some time, Mr. Speaker resumed the chair, andMr. LeBlanc, the Chairman, after requesting that Mr. Speaker revertto Presentations of Committee Reports, reported that the Committeehad had under consideration the matters referred to them and hadpassed all remaining items.

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


YEAS - 27

Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward Mr. C. LeBlanc

NAYS - 25

Mr. McGinley Ms. Weir Mr. KennyMr. Jamieson Mr. Kennedy Mr. ArseneaultMr. MacIntyre Mr. Ouellette Mr. AlbertMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch

The following are the items reported:MAIN ESTIMATES, 2004 - 2005

ORDINARY ACCOUNTDEPARTMENT OF HEALTH AND WELLNESSResolved, That there be granted to Her Majesty a sum not exceeding$1,609,634,000 to defray the expenses of the following programallocations for the fiscal year ending the 31st of March, 2005:Administrative Services ............................................................................ 17,230,000Public Health and Medical Services ...................................................... 586,264,000Institutional Services ................................................................................. 949,744,000Mental Health Services ............................................................................. 56,433,000

Less amounts authorized by law .................................................... 37,000Voted ............................................................................................................ 1,609,634,000

WORKING CAPITAL - MAXIMUM BALANCES

WORKING CAPITAL ADVANCES VotedHealth and Wellness ...................................................................................... 3,202,000

PETTY CASH ADVANCESHealth and Wellness ...................................................................................... 30,000



With leave of the House, the following Bill was introduced and reada first time:

By Hon. Mr. Volpé,Bill 82, Appropriations Act 2004-2005.


It was agreed by unanimous consent that Bill 82, Appropriations Act2004-2005, be read a second time forthwith.

The Order being read for second reading of Bill 82, Appropriations Act2004-2005, a debate arose thereon.


At 3.10 o’clock Mr. Deputy Speaker declared a recess and left thechair.

3.33 o’clock p.m.

Mr. Holder, the Deputy Speaker, resumed the chair.

And after some time, the debate being ended and the question beingput that Bill 82 be now read a second time, it was resolved in theaffirmative on the following recorded division:


NAYS - 22Mr. McGinley Mr. Branch Mr. MurphyMr. Jamieson Ms. Weir Mr. KennyMr. MacIntyre Mr. Kennedy Mr. ArseneaultMr. Allaby Mr. Ouellette Mr. AlbertMr. S. Graham Ms. Robichaud Mr. PaulinMr. Haché Mr. Lamrock Mr. DoucetMr. Armstrong Mr. Burke Mr. BoudreauMr. Landry


Accordingly, Bill 82, Appropriations Act 2004-2005, was read a secondtime and referred to the Committee of the Whole House.

The House resolved itself into a Committee of the Whole House withMr. C. LeBlanc in the chair.

And after some time, Mr. Speaker resumed the chair andMr. C. LeBlanc, the Chairman, after requesting that Mr. Speakerrevert to Presentations of Committee Reports, reported that he hadbeen directed to report the following Bill as agreed to:

Bill 82, Appropriations Act 2004-2005.



It was agreed by unanimous consent that Bill 82, Appropriations Act2004-2005, be read a third time forthwith.

The following Bill was read a third time

Bill 82, Appropriations Act 2004-2005.


It was agreed by unanimous consent that Bills 78, 79 and 80 be read asecond time forthwith

The Order being read for second reading of Bill 78, An Act to Amendthe Insurance Act, a debate arose thereon.


It was agreed by unanimous consent to vary the hours of sitting, torecess at 6 o’clock p.m., and to resume at 7 o’clock p.m.

At 6 o’clock p.m., the Deputy Speaker left the chair to resume againat 7 o’clock p.m.

7 o’clock p.m.

Mr. Holder, the Deputy Speaker, resumed the chair.

And after some further time, Mr. C. LeBlanc, the Deputy Speaker,took the chair as Acting Speaker.


And after some time, due to the unavoidable absence of Mr. Speakerand the Deputy Speakers, Mr. Betts took the chair as Acting Speaker.

And after some further time, Mr. Holder, the Deputy Speaker,resumed the chair as Acting Speaker.

And after some time, the debate being ended, and the question beingput that Bill 78 be now read a second time, it was resolved in theaffirmative.

Accordingly, Bill 78, An Act to Amend the Insurance Act, was read asecond time and passed.

The Order being read for second reading of Bill 79, Consumer Advocatefor Insurance Act, a debate arose thereon.


Accordingly, Bill 79, Consumer Advocate for Insurance Act, was read asecond time and passed.

The Order being read for second reading of Bill 80, An Act to Amendthe Motor Vehicle Act, a debate arose thereon.


Accordingly, Bill 80, An Act to Amend the Motor Vehicle Act, was read asecond time and passed.

And then 10.41 o’clock p.m., the House adjourned.



Prayers.

Mr. Landry stood on a point of order with respect to documentstabled by the Minister of Justice during yesterday’s sitting, noting thedocuments were provided in English only and submitting that thedocuments should also have been tabled in French.

Hon. Mr. Green spoke on the point of order and advised that thedocuments were prepared outside government, had just recentlybeen received, and were currently being translated.

Mr. Speaker ruled that it is in order to table documents that arereceived by government in one official language and noted that thetranslated version of the documents would be provided to Membersshortly.

Ms. Weir, Member for Saint John Harbour, laid upon the table of theHouse a petition signed by citizens supporting the proposedamendment to the New Brunswick Human Rights Act to include “socialcondition” as prohibited grounds of discrimination. (Petition 48)

Mr. Allaby gave Notice of Motion 122 that on Thursday, July 8, 2004,he would move the following resolution, seconded by Mr. Burke:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse a copy of all of the statements filed by insurers to theSuperintendent of Insurance under the requirements of subsection79(1) of the Insurance Act for the calendar year 2003.

Mr. Allaby gave Notice of Motion 123 that on Thursday, July 8, 2004,he would move the following resolution, seconded by Mr. Burke:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse the projections for increases in revenues as a result of Bill 69(An Act Respecting the Fines for Provincial Offences) broken down bycategory of fine or offence.

Mr. Arseneault gave Notice of Motion 124 that on Thursday, July 8,2004, he would move the following resolution, seconded byMr. Murphy:


That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of theHouse a copy of all flight logs from the government plane fromJanuary 1, 2004, to June 30, 2004, and a breakdown of expendituresarising from the ongoing operation of the government plane fromJanuary 1, 2004, to June 30, 2004.

Mr. Paulin gave Notice of Motion 125 that on Thursday, July 8, 2004,he would move the following resolution, seconded byMr. MacIntyre:

That an address be presented to His Honour the Lieutenant-Governorpraying that he cause to be laid upon the table of the House a copy ofall financial statements, broken down into amounts spent for specificbudget items, for the Hotel-Dieu de St-Joseph de St-Quentin for thefiscal year 2003-04 and for the current fiscal year to date.

Hon. Mr. Green announced that it was the intention of governmentthat following second reading of Bills, the House would resolve itselfinto a Committee of the Whole to consider Bills 78, 79, and 80, andwith unanimous consent, Bill 81. With consent, the House wouldproceed to third reading of Bills 78, 79, 80, and 81; following which,the House would consider Bills 46 and 24 in the Committee of theWhole House. With consent, the House would proceed with thirdreading of Bills 46 and 24, followed by the Royal Assent Ceremony.

The Order being read for second reading of Bill 81, An Act to Amendthe Legal Aid Act, a debate arose thereon.


Accordingly, Bill 81, An Act to Amend the Legal Aid Act, was read asecond time and ordered referred to the Committee of the WholeHouse.

It was agreed by unanimous consent that Bill 81 be considered in theCommittee of the Whole House during this sitting day.




2 o’clock p.m.


And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that he had beendirected to report the following Bills as agreed to:

Bill 78, An Act to Amend the Insurance Act.Bill 79, Consumer Advocate for Insurance Act.Bill 80, An Act to Amend the Motor Vehicle Act.Bill 81, An Act to Amend the Legal Aid Act.



It was agreed by unanimous consent that Bills 78, 79, 80 and 81 beread a third time forthwith.

The Order being read for third reading of Bill 78, An Act to Amend theInsurance Act, and a recorded vote having been requested on themotion for third reading of Bill 78, it was resolved in the affirmativeon the following recorded division:

YEAS - 26Hon. Ms. Blaney Mr. Sherwood Hon. Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Mr. BettsHon. Mr. Mesheau Hon. Ms. Dubé Mr. MalleyHon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfield Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Ms. Fowlie Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. HolderHon. Ms. MacAlpine Hon. Mr. Alward

NAYS - 24Mr. McGinley Ms. Weir Mr. KennyMr. Jamieson Mr. Kennedy Mr. ArseneaultMr. MacIntyre Mr. Ouellette Mr. AlbertMr. S. Graham Ms. Robichaud Mr. A. LeBlancMr. Haché Mr. Lamrock Mr. PaulinMr. Armstrong Mr. Targett Mr. Doucet


Mr. Landry Mr. Burke Mr. BoudreauMr. Branch Mr. Murphy Mr. Brewer

Accordingly, Bill 78 was read a third time:

Bill 78, An Act to Amend the Insurance Act.



Bill 79, Consumer Advocate for Insurance Act.Bill 80, An Act to Amend the Motor Vehicle Act.Bill 81, An Act to Amend the Legal Aid Act.


The House resolved itself into a Committee of the Whole withMr. Holder in the chair.And after some time, Mr. Speaker resumed the chair and Mr. Holder,the Chairman, after requesting that Mr. Speaker revert toPresentations of Committee Reports, reported that he had beendirected to report the following Bills agreed to as amended:Bill 24, An Act to Amend the Human Rights Act.Bill 46, Child and Youth Advocate Act.

And the Committee asked leave to make a further report.Pursuant to Standing Rule 78.1, Mr. Speaker then put the question onthe motion deemed to be before the House, that the report beconcurred in, and it was resolved in the affirmative.

It was agreed by unanimous consent that Bills 24 and 46 be read athird time forthwith.


Bill 24, An Act to Amend the Human Rights Act.Bill 46, Child and Youth Advocate Act.


Mr. Speaker, at the request of Hon. Mr. Green, reverted to the Orderof Government Motions for the Ordering of the Business of theHouse.



Resolved, that when the Assembly adjourns at the end of this sittingday, it stand adjourned until Tuesday, December 14, 2004, at 1 o’clockp.m., provided always that if it appears to the satisfaction ofMr. Speaker, after consultation with the Government, that the publicinterest requires that the House should meet at an earlier time duringthe adjournment, Mr. Speaker may give notice that he is so satisfiedand in such notice shall state a time at which the House shall meet,and thereupon the House shall meet at the time to stated and shalltransact 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 illnessor other cause, either of the Deputy Speakers shall act in his stead forthe purpose of this order.

His Honour, the Administrator, was announced, and having beenbidden to enter, took his seat in the chair upon the Throne.



The Legislative Assembly of the Province of New Brunswick haspassed several Bills at the present sittings of the Legislature towhich, in the name and on behalf of the said Legislative Assembly,I respectfully request Your Honour’s assent.

The Clerk Assistant then read the titles of the Bills as follows:

Bill 13, An Act Respecting Mental Health and Public Health Services.Bill 16, An Act to Amend the Provincial Court Act.Bill 21, An Act to Amend the Family Services Act.Bill 22, An Act to Amend the Education Act.Bill 23, An Act to Amend the Executive Council Act.Bill 24, An Act to Amend the Human Rights Act.Bill 33, An Act to Amend the Clean Water Act.Bill 36, An Act to Repeal the Bulk Sales Act.Bill 37, Human Tissue Gift Act.Bill 38, An Act Respecting Sunday Shopping.Bill 46, Child and Youth Advocate Act.Bill 48, An Act to Incorporate Firecrest Hambro Trust Corporation Canada

Limited.Bill 54, An Act Respecting the New Brunswick Society of Cardiology

Technologists.Bill 57, Optometry Act, 2004.Bill 58, An Act to Amend the Occupational Health and Safety Act.Bill 62, Embalmers, Funeral Directors and Funeral Providers Act.


Bill 65, Special Appropriation Act 2004.Bill 66, Loan Act 2004.Bill 67, An Act to Amend the Real Property Tax Act.Bill 68, An Act to Amend the New Brunswick Income Tax Act.Bill 69, An Act Respecting the Fines for Provincial Offences.Bill 70, An Act to Amend the Provincial Court Act.Bill 71, An Act to Amend the Executive Council Act.Bill 72, An Act to Amend the Motor Vehicle Act.Bill 73, An Act to Amend the Public Service Superannuation Act.Bill 74, An Act to Amend the Personal Property Security Act.Bill 75, Smoke-free Places Act.Bill 78, An Act to Amend the Insurance Act.Bill 79, Consumer Advocate for Insurance Act.Bill 80, An Act to Amend the Motor Vehicle Act.Bill 81, An Act to Amend the Legal Aid Act.



To these Bills, His Honour’s assent was announced by the ClerkAssistant in the following words:

In Her Majesty’s name, His Honour the Lieutenant-Governorassents to these Bills, enacting the same and ordering them to beenrolled.

Mr. Speaker then addressed His Honour as follows:May It Please Your Honour:

The Legislative Assembly having devoted itself with unremittingdiligence to the consideration of the several subjects referred to in thisspeech His Honour the Lieutenant-Governor was pleased to deliver atthe opening of the session, and to other matters of interest to the peopleof the province, humbly begs to present for your Honour’s acceptance aBill intituled Appropriations Act 2004-2005. (Bill 82)

His Honour replied:


To this Bill, His Honour’s assent was announced by the ClerkAssistant in the following words:

His Honour thanks Her Majesty’s loyal and dutiful subjects,accepts their benevolence and assents to this Bill.





Documents requested in Notice of Motion 82 June 24, 2004Documents requested in Notices of Motions 110, 111 June 25, 2004Documents requested in Notice of Motion 120 June 29, 2004Annual Report, The

New Brunswick Tire Stewardship Board - 2003 May 14, 2004


Thursday, December 2, 2004.11 o’clock a.m.

Prayers.

Pursuant to the provisions of the Elections Act, Hon. Mr. Harrison laidupon the table of the House the returns of votes polled in theelectoral district of Shediac—Cap-Pelé in the by-election heldOctober 4, 2004.

On motion of Hon. Mr. Lord, seconded by Hon. Mr. Green,

RESOLVED, that the returns be entered in the Journals of the House.

And they are as follows:

RETURN OF THE BY-ELECTIONFOR A MEMBER OF THE

LEGISLATIVE ASSEMBLYHELD ON THE 4th DAY OF OCTOBER 2004

SHEDIAC—CAP-PELÉ # 18

Léo Doiron PC ....................................................................... 4,025Victor E. Boudreau L .............................................................. 5,042

Jacques CôtéReturning Officer

Mr. Victor Boudreau, member-elect for the electoral district of Shediac—Cap-Pelé, having previously taken the oath and signed the Roll,was introduced by Mr. S. Graham and took his seat in the House.

With leave of the House, and pursuant to the terms of the resolutionappointing the Select Committee on Wood Supply (Motion 25), Mr.MacDonald, Member for Mactaquac, presented the Final Report ofthe Select Committee on Wood Supply which was filed with theClerk of the Legislative Assembly and released on September 15,2004, and it is as follows:

September 15, 2004.

To the HonourableThe Legislative Assembly ofThe Province of New Brunswick.

Mr. Speaker:

Your Select Committee on Wood Supply has the honour to present itsFinal Report and commends it to the House. Your Committee was


appointed during the First Session of the Fifty-fifth LegislativeAssembly by resolution of the House dated July 30, 2003.

The Committee wishes to extend its appreciation to the citizens whoparticipated in the public consultation process. Each submissionprovided a unique insight into how New Brunswick Crown landshould be managed. Numerous and varied visions for the Province’spublic forest were identified. However, common to all was theunderstanding of the importance of New Brunswick’s forests to ourenvironment, economy and culture.It has been a challenging task, making recommendations now for aforest that will exist long into the future. Your Committee agrees wemust maintain a viable forest industry. However, given theeverchanging nature of our economy, we contemplated whether it isprudent to compete primarily on quantity of wood fibre, or if qualityshould play a more strategic role. Key to our recommendations is theneed to manage for greater biodiversity to ensure the well-being ofboth our natural environment and the Provincial economy.Recommendations are made with the aim of maintaining thediversity of the Acadian forest, along with providing greateropportunities for public participation in the setting of objectives andincreased public access to timber harvesting.The Committee’s mandate would never have been fulfilled were itnot for the gracious and generous assistance of the dedicated staff ofthe Department of Natural Resources, especially Jennifer Dunlap,Scott Makepeace and Bob Dick; along with the external support fromDon Logan and Thom Erdle.Finally, I wish to thank all members of the Committee for theprofessionalism displayed throughout the deliberations.This report effectively concludes the work of the Committee.Respectfully submitted,

(Sgd.:) Kirk MacDonald, MLAChair

The full report of the Committee as presented follows:Executive SummaryBackgroundIn July 2003, an all-party Select Committee on Wood Supply wasestablished and charged with conducting public consultation into thesubject of wood supply in the province and to respond specifically torecommendations made in the report “New Brunswick CrownForests: Assessment of Stewardship and Management” authored byJaakko Pöyry Consulting.


In meeting its mandate, the Committee convened thirteen publichearings across the province in November and December 2003, withmore than 200 speakers participating in the formal presentations. TheCommittee also received 121 written submissions and 131 formletters from various individuals. Finally, it heard technicalpresentations from experts on a variety of forestry-related issuesencompassing social, economic, and ecological facets of forestry.The overwhelming level of participation and interest in the publicconsultation process made clear to the Committee that NewBrunswickers have a keen interest in their public forest, that theyvalue it highly for many and diverse reasons, and that they expect itto be managed sustainably for the benefit of present and futuregenerations. The content and diversity of views presented in theprocess made it equally clear to the Committee that the issuesrelating to management of that forest are complex, the alternativesmany, and the choices difficult. The Committee sees that few issuesare one-sided, for example:• The Committee fully realizes the importance of the forest industry

in providing wealth and employment in New Brunswick. It alsofully realizes the importance of a healthy and diverse environmentto ensure the forest can continue to be a source of wealth and jobs.

• The Committee clearly recognizes that New Brunswickers are theowners of the public forest and, as such, should be in control of itsfuture. It also recognizes that New Brunswick is not an economicisland, and that its industrial sector must survive in a world marketcharacterized by rapid technological change, increasing efficiencies,stiff competition, and economic uncertainty.

• The Committee well understands the industry’s desire for a securewood supply future and the investment advantages this offers. Italso understands the Government’s role as trustee of the publicforest and its responsibility to maintain management flexibility toaccommodate future shifts in public values.

The Committee firmly believes that the public forest should bemanaged in accordance with public values but that such values varysignificantly within society. It also believes that any suchmanagement must be founded upon the best available science - notsimply on popular opinion - and that balance and compromise areessential management ingredients.These and other issues make difficult the task of striking a reasonablebalance amongst the many values identified in the publicconsultation process, including those relating to wealth creation andemployment, culture, biodiversity and wildlife habitat, recreation,and raw material supply.


Response to Jaakko Pöyry ReportWhile the Committee does not claim to have all the answers to thedifficult questions about managing New Brunswick’s public forest,after careful deliberation, it does not view the Jaakko Pöyry report asa “go forward” document.The Committee appreciates the value of the Jaakko Pöyry Report instimulating a broad and open discussion regarding the future offorest management on Crown land. However, it believesmanagement of the public forest is best served by a public vision, putforward by Government as trustees of that forest. In accordance withthis belief, and after full and careful consideration of the variousviews presented in the public consultation process, the Committeeforged the “go forward” strategy described in this report. Thestrategy attempts to capitalize on New Brunswick’s forestrystrengths, with the goal of maintaining the healthy forestenvironment and vibrant forest economy necessary to secure thesocial well-being of New Brunswickers today and tomorrow.PrinciplesThe Committee developed a guiding philosophy about managing thepublic forest and used this philosophy to guide its deliberations andto shape its recommendations. The philosophy is founded on thenotion that the forest management strategy for New Brunswick mustinvolve the public, and maintain both a healthy forest environmentand a job-oriented, diverse forest economy. All of these elementscontribute to the social wellbeing of New Brunswickers, today andinto the future.Further underpinning the philosophy are the following beliefs:Public Involvement: Crown land and resources are a public trust.The Government is the steward responsible for these publicresources and under no circumstances should this stewardship berelinquished. There must be processes in place to allow the public toparticipate in determining the principles and goals for Crown forestmanagement. The public must be kept informed about what is doneon Crown land and Government must ensure that managementobjectives are met.Managing for a diversified forest: Flexibility is important to keep theProvince’s options open, so future needs of both the public and theforest industry may be met. A healthy, diversified forest will supporta healthy, diversified economy. Both will position the Province toadapt to unforeseeable, but inevitable, changes in society’s desiresand the world economy. To achieve this diverse forest, forestmanagement must be founded upon best scientific understanding ofhow the forest functions.


Commitment to Crown timber objectives. The strategicdetermination of wellfounded objectives is critical to allow forconstructive development of the Crown forest. These objectives mustinclude timber supply quantity and quality targets for all commercialtree species. Plans by which to attain those objectives must be preparedand the necessary financial support secured for their effectiveimplementation. Innovative processing of the harvested timber goeshand-in-hand with this deliberate planning, and must be promoted toprovide a more stable employment environment for the longer term.

Committee’s RecommendationsThe Committee believes the founding principles and structure of theCrown Lands and Forests Act continue to provide a solid foundation forCrown forest management in New Brunswick and it believes that allCommittee recommendations can be effectively addressed in thecontext of existing forestry legislation.The Committee does not recommend establishment of communityforests on New Brunswick Crown land. Such a form of forest tenurewas advocated by some at the hearings on the grounds that thecurrent system allows too little public influence over managementobjectives, provides too few local employment opportunities, andstifles opportunity for innovative value-added and non-timber basedeconomic enterprises. These three claims have merit and theCommittee has attempted to address each in its recommendations.However, it has done so in a way which does not undermine thestrengths of the Crown Lands and Forests Act and which does notintroduce inherent difficulties it envisions with implementingcommunity forests in New Brunswick.The Committee hopes that the public participation process justcompleted signals the ushering in of a new era in New Brunswickforestry - one of more open and informed debate, where all partiesinterested in forest management are effectively engaged and theirviews given full and fair hearing. Such open and informed debatewill never lead to a single management approach which fullysatisfies all parties - the interests, values, and priorities within NewBrunswick society are simply too diverse. However, it should lead toa more thorough exploration of management options, a betterunderstanding of their likely consequences, and therefore todecisions which best serve New Brunswick, socially, economically,and environmentally. The Committee also recognizes that therecommendations made within this document must be considered inlight of any advancement in the interpretation of Aboriginal andTreaty Rights.


The Committee submits this report to Government with the intent ofshaping a better forest management future in New Brunswick andbelieves it will support the Minister of Natural Resources in fulfillingthe Department’s mission to manage the natural resources of the Provincein the best interest of its people.

The Committee organized its 25 recommendations under fourcategories:

1. Governance and Accountability;2. Forest Management Objectives;3. Allocation of the Resource and Distribution of Benefits; and4. Provincial Wood Supply.

In preparing its recommendations, the Committee weighed thebenefit of acting in a timely and decisive manner with the risk ofacting in haste, without due consideration of the full implications ofproposed action. Recognizing the value of the former and the dangerof the latter, the Committee attempted where realistic to be asdetailed as possible in its recommendations and to provide specificguidance. Where the Committee felt precise recommendations couldnot be clearly and responsibly stated without further study, it setforth a general direction and provided examples of possible action tobe taken.

The suggested timeframe for implementation varies betweenrecommendations and is governed by their nature and complexity.The Committee classified each recommendation for implementationin the short-term (1-2 years), medium-term (3-5 years), and long-term(more than 5 years). Rationale and elaboration relating to eachrecommendation appears in the main text on the page numberscited.

The Select Committee on Wood Supply recommends:

Recommendation Time-frame Page in textGovernance and Accountability[1] That DNR incorporate the Select Short 13

Committee recommendations adopted (S)as result of this report into Departmentalpolicies, the 2007 and 2012 Vision documents,and the Forest Management Manual, whereappropriate.

[2] That, by December 2007, DNR prepare Mediuma strategy for public participation, in (M) 14time for 2012 management plandevelopment.


[3] That a public participation process similar to Long 14the one just completed by the Select (L)Committee be undertaken on a 10-year cycle.

[4] That an individual (“The Coordinator”) responsible S 15to co-ordinate implementation of the Committee’srecommendations and reporting to the DeputyMinister, be engaged for a five-year term, withpossibility of extension.

[5] That, no later than April 2005, a Provincial Advisory S 15Committee be established to provide advice to theMinister of Natural Resource on issues pertainingto Crown forest management.

[6] That as soon as possible, the purpose and function of S 16the Licensee Stakeholder Committees be clarified andenhanced.

[7] That effective 2005, the Minister of Natural Resources S 16report annually to the Legislature on the status ofNew Brunswick’s forest and its management.

[8] That DNR regularly provide objective and factually S 16correct information to the public about forestmanagement including the use of various harvestingand silvicultural techniques.

[9] That Crown operators’ performance be more widely S 17reported and penalties for mismanagement beincreased.

Forest Management Objectives[10] That DNR establish a process to develop quantifiable S-M 18

wood supply objectives for all commercial tree species.[11] That the wood supply strategies and objectives S-M 19

identified above be developed with reference to thenatural diversity of the Acadian forest in order togenerate increasing yields of a wider variety of ccommercial tree species while maintaining importantecological features of the forest.

[12] That the amount of clearcut harvesting on Crown S-M 19land be reduced.

[13] That, in order to promote the future benefits from S 19the Crown forests, DNR modify existing silvicultureguidelines for thinning and planting.

[14] That any reduction in the short-term supply of S 19spruce/fir/jack pine be tempered to reduce thenegative impact to the existing industry.

Allocation of Resources and Distribution of Benefits[15] That DNR continue to use adaptive, science-based S-L 20

decision making in setting management criteria forall special management areas and that no additionalharvesting be permitted in special management areasat this time.


[16] That, by April 2005, up to 10% of the total annual S 21harvest volume of all species be made availablefor harvest by small, qualified contractors.

[17] That, effective immediately, DNR implement wood S 21allocation mechanisms to promote and stabilize localemployment opportunities in the event that a millceases operation.

[18] That for the 2007 operating plans, DNR facilitate M 22mechanisms which encourage the harvest of othernon-timber forest products should they be identified(e.g., balsam fir tipping).

[19] That, in April 2007, 2% of the 2002 level AAC be M 22made available for new, value-added woodprocessing initiatives.

[20] That Licensees and Sub-Licensees report on S 22employment levels and that these be consideredwhen the Minister renews Crown allocations.

Provincial Wood Supply[21] That the current negotiations concerning primary S 23

source of supply that DNR has been facilitatingbetween the New Brunswick Forest ProductsAssociation and the New Brunswick Federation ofWoodlot Owners be fully supported.

[22] That the Crown base royalty rates be increased by S 24an amount to reflect the extra value of a secureCrown wood supply and a credible third-party beengaged to estimate the magnitude of that extra value.

[23] That, on a five-year basis, Government commit to S-M 24the level of silviculture funding deemed appropriateto achieve desired timber objectives developed duringthe analysis stated in Recommendation 10.

[24] That any increase in royalties (using 2004 as the base S 25year) be deposited in a dedicated fund directedexclusively to the Crown silviculture program.

[25] That DNR establish a minimum level of silviculture S 25that must be conducted on Licensee and Sub-Licenseeindustrial freehold.

1.0 IntroductionIn September 2001, the New Brunswick Forest Products Association(NBFPA) raised concerns about several issues related to managementof the Crown forest, including the negative impact of non-timberobjectives on softwood supply, and various aspects of themanagement system currently in place for Crown lands in NewBrunswick. To examine these issues and evaluate the status of forestmanagement in New Brunswick generally, the New BrunswickDepartment of Natural Resources and the NBFPA commissioned astudy by Jaakko Pöyry Management Consulting. Jaakko Pöyry wascharged with conducting a benchmark evaluation comparing New


Brunswick Crown forest management policies and practices ofstewardship to those in other regions in North America and theNordic countries and with identifying potential means for improvingthe forest management system in New Brunswick.Jaakko Pöyry submitted its findings in the report ‘New BrunswickCrown Forests: Assessment of Stewardship and Management’ inNovember 2002.1 On July 30, 2003, twelve Members of the LegislativeAssembly (Appendix A) were appointed to the Select Committee onWood Supply to review the findings of the Jaakko Pöyry Report andto make recommendations on the future direction of forestmanagement of New Brunswick Crown lands. The committee wasmandated (Appendix B) to consider, among other matters:• opportunities and strategies arising from Jaakko Pöyry Report to increase the

available wood supply from Crown lands in New Brunswick; and• opportunities and strategies for the future direction of Crown land forest

management.

This report presents the findings and recommendations of the SelectCommittee on Wood Supply. Recommendations are based upon theissues and ideas presented to the Committee, and upon theconsiderable deliberation and analysis that ensued as a consequenceof the public hearings. The recommendations offered take advantageof opportunities to increase benefits from the Crown forest, and areintended to ensure sustainable management of the Crown forest andthe provincial wood supply. The Committee’s recommendations areintended to influence the future direction of forest managementgenerally and more specifically, to influence the development ofobjectives for Crown land as captured in the document A Vision forNew Brunswick Forests: Goals and Objectives for Crown LandManagement2 (herein referred to as the Vision document).2.0 ProcessThe Committee conducted its work over the period from October2003 to April 2004.Thirteen public hearings were held in November and December 2003(Table 1).# Date Location # Date Location1 Nov. 18 Petitcodiac 8 Dec. 2 Edmundston2 Nov. 19 Saint John 9 Dec. 3 Fredericton3 Nov. 20 Saint John 10 Dec. 4 Fredericton4 Nov. 21 Petitcodiac 11 Dec. 5 Miramichi5 Nov. 25 Campbellton 12 Dec. 17 Fredericton6 Nov. 26 Paquetville 13 Dec. 22 Edmundston7 Nov. 27 Miramichi

Table 1. Dates and location of the public hearings for the Select Committee onWood Supply.


Typically hearings ran from 10:00 a.m. until 5:00 p.m. on the datesnoted, with eight to twenty parties presenting daily. Some 200speakers made formal presentations to the Committee (Appendix C).The majority of the speakers made prior arrangements to speak, buton several occasions individuals who presented themselves on theday of the hearing were able to address the Committee. Onehundred and twenty-one written submissions and 131 form letterswere received via email and traditional mail between earlyNovember and late December 2003 (Appendix D).

The Committee engaged the assistance of two advisors: Dr. ThomErdle, Professor and Forest Ecosystem Management ProgramDirector at the University of New Brunswick; and Don Logan, aformer Regional Resource Manager with the Department of NaturalResources, now retired. Prior to the hearings, staff from theDepartment of Natural Resources provided pertinent backgroundinformation including presentations explaining the key findings ofthe Jaakko Pöyry report and the current structure of the forestmanagement system in New Brunswick.

Following the hearings, the Committee invited a number ofindividuals (Appendix E) to meet with them, to provide professionalopinions on various relevant subjects. The Department of NaturalResources’ Staff Review of the Jaakko Pöyry Report was also presented tothe Committee for consideration.3 The DNR Staff Report presentedstaff viewpoints and recommendations based upon opinionsexpressed by 175 staff members during ten workshops held duringMay and June 2003, and the collective professional opinion of themembers of an internal working group. The Atlantic ProvincesEconomic Council’s report on the forest economy of New Brunswickwas also presented to the Committee for consideration.4

The Select Committee considered the views, facts, perspectives, andarguments contained in the vast amount of information provided toit and followed a consensus-based approach. After carefulassessment and discussion of all the materials and information beforeit, the Committee prepared the recommendations presented in thisreport.

3.0 Aboriginal and Treaty RightsAn important consideration with respect to the Crown forest is therights of the First Nations of New Brunswick. Invitations to meetwith the Committee were extended to all Chiefs in late October 2003.


Although no responses were received from individual Chiefs, a replywas received from the MAWIW Council of First Nations advising thatthe MAWIW Council had misgivings about the individual Chiefsmeeting with the Select Committee, and that the Council wouldconsider the invitation.In January 2004, a second offer to meet was extended from the Chairof the Select Committee to the First Nation Chiefs. The MAWIWCouncil of First Nations and the Union of New Brunswick Indiansresponded that their organizations had ultimately decided againstmeeting with the Select Committee. Although this meant that noformal positions were brought forward, several First Nations peopledid participate in the public hearings and brought their uniqueperspective and concerns to the Committee.The various courts continue to provide judgments related to Aboriginaland Treaty Rights vis-à-vis natural resources within New Brunswick.These decisions, as well as the on-going discussions between the FirstNations and the governments of New Brunswick and Canada, will havea bearing on the future management of Crown land in the province. Inlight of these activities, the Select Committee is reluctant to offer anyexplicit observations or comments in regard to the First Nations’Aboriginal and Treaty Rights vis-à-vis the management of Crownforests. However, the Committee recognizes that the recommendationsmade within this document must be considered in light of anyadvancement in the interpretation of Aboriginal and Treaty Rights.4.0 BackgroundNew Brunswick’s Forest EconomyThe forest industry is a cornerstone of the New Brunswick economy,contributing $1.7 billion to the economy in 2002.4 This amounts toabout 9% of the provincial GDP, and emphasizes how critical thissector is to both the local and provincial economy. Wages and salariesamounted to $705 million in 2002, and the forest industry provides6.8 % of New Brunswick’s total jobs (direct and indirect).Today six large forestry companies manage the ten licenses intowhich the Crown forest is divided (Table 2) and another 80 smallercompanies have an allocation of wood from Crown land (down fromover a hundred in 1982). During the hearings many peoplecommented on the negative aspects of consolidation, large corporatecontrol and off-shore ownership. The Committee feels it is importantto point out that the 80 smaller companies are located within NewBrunswick’s rural communities, are largely locally owned andoperated. Approximately 55% of the total wood volume harvestedfrom Crown land is used in locally-owned facilities.


New Brunswick’s Forest Management SystemThe New Brunswick government implemented the Crown Lands andForests Act (CLFA) in 19825. The Act authorized the Minister ofNatural Resources to enter into Forest Management Agreements withtimber companies that owned and operated wood processingfacilities in the province. At that time, Crown land was divided intoten license areas. The companies that were assigned managementresponsibility for these areas became Crown Timber Licensees(Licensees). Smaller companies (mostly sawmills) obtaining woodsupply from these same areas became known as Sub-Licensees.License # Licensee Name Area (ha) Sub-totals (ha)1 Bowater Maritimes Inc. 427 580 427 5802 UPM - Kymmene Miramichi Inc. 259 3693 UPM - Kymmene Miramichi Inc. 316 3544 UPM - Kymmene Miramichi Inc. 384 049 959 7725 Weyerhaeuser Company Limited 71 590 71 5906 J. D. Irving, Limited 631 3517 Irving Pulp & Paper, Limited 428 784 1 060 1358 St. Anne-Nackawic Pulp

Company Ltd. 252 027 252 0279 Nexfor Fraser Papers (Carleton) 133 24510 Nexfor Fraser Papers 402 200 535 445

Total area 3 306 549

Table 2. Crown land under Crown Timber Licenses, as recorded in the 2002Forest Management plans.

The Minister is responsible for setting forest management goals,objectives and standards. The Vision document explicitly states thegoals and objectives pertaining to timber and non-timber values (e.g.,wildlife habitat, water, recreation), and is updated every five years.On the same five-year cycle Licensees are responsible for developingand implementing Forest Management Plans to meet the goals andobjectives expressed in the Vision document. As these plans takeconsiderable time and effort to prepare and approve, the Visiondocument is prepared two years in advance of the management plansubmission date. This five-year planning cycle is critical in enablingCrown forest management to be responsive to changes in socialvalues, economic situation, resource information, and knowledgeabout how the forest grows (Figure 1).

Figure 1. Timeline illustrating the Crown forest management planningprocess, particularly the setting of objectives for Crown forests (the ‘Vision’document) and the creation of Forest Management Plans. (See Original.)

The standards established for forest management on Crown land arecontained in the Forest Management Manual, which is amended as


needed by mutual consent of the Minister of Natural Resources andthe Licensees.6 The manual contains detailed information aboutforest management implementation procedures, including suchmatters as road construction, stream crossings, Deer Wintering Areamanagement, and plantation establishment. Day-to-day operationsof the Licensees and Sub-Licensees are monitored by Departmentstaff to ensure compliance with established guidelines. Detailedrecords on all aspects of Licensee activity are kept. Violations arerecorded; penalties and/or remedial action are the consequences offailure to meet required standards or follow proper procedures.Every five years, Licensee performance is formally evaluated usingcriteria that were predetermined at the beginning of the previousfive-year management period. Results of this evaluation are filedwith the Legislature and posted on the Department’s web-site.New Brunswick’s Wood SupplySince the introduction of the CLFA, the harvest from Crown foresthas been set at a sustainable level whereby a constant, non-decliningvolume of wood can be harvested for at least 80 years into the future.The Crown wood supply, termed Annual Allowable Cut (AAC), isgoverned in part by the size of the inventory stocks from which theharvest is drawn and by the rate at which those stocks arereplenished by growth of the forest. The Forest Resources Study(1974) and several subsequent studies have forecast a future lowpoint in inventory stocks to occur around 2030. This low point wasfactored into the determination of the softwood AAC which currentlyis set at 3.3 million cubic metres per year.The Crown silviculture program, set at $19 million for 2004, is paid forby government and implemented by Licensees. In 2003, an additional $5million were spent on DNR nursery and herbicide operations. Theindustry also contributed approximately $4.8 million in the form of asilviculture levy. Under the present strategy, softwood inventory isforecast to build up in the future allowing the AAC to gradually increasein about 40 years time and then increase more significantly about 50years from today (Figure 2). The ‘Scenario 2’proposal made by JaakkoPöyry, in which silviculture is increased, would result in a moresignificant softwood AAC increase in about 40 years.Figure 2. (See Original) Projection of future softwood inventory undercurrent management strategies (2002) and those proposed in the JaakkoPöyry Scenario 2.7 (See original.)The difference between outcomes of today’s management strategyand those under the Jaakko Pöyry’s Scenario 2 (where silviculturelevels are increased to double softwood supply) is with respect to the


future wood supply increase (Figure 3). Under current (today’s)management strategy, future softwood supply is forecasted toincrease to 4.5 million cubic metres per year by 2047. The JaakkoPöyry management scenario forecasts an increase to 6.8 million cubicmetres per year by 2062. Worth noting is that the Jaakko Pöyry reportdid not fully consider the range of values articulated by the publicduring the hearing process, including: (a) economics, especiallyemployment (b) cultural and historical; (c) biodiversity and wildlifehabitat; (d) recreational opportunities; and (e) resource inventory(raw materials) upon the land base.Under either management strategy illustrated in Figure 3, the level ofannual allowable harvest can be increased beyond the year 2042. Atthat time, many feel there will be greater flexibility in settingobjectives for both timber and non-timber. However, given theinventory stock low point around year 2030 (Figure 2), there will beno appreciable opportunity to increase the softwood AAC over thenext forty years, no matter what decisions are made today.Technology continues to improve efficiencies which help keep NewBrunswick industries competitive, but also increases mill capacity,thus putting continuous upward pressure on the demand for wood,particularly softwood. In the view of some, this results in an insatiableindustrial appetite for fibre which is unlikely to diminish over time.In the view of others, market forces dictate that industry mustcontinue to invest, expand and improve its efficiency in order toremain competitive in the global market place. Regardless of marketforces or the industry’s desire to grow wood, there are biologicallimits to the amount of wood that can be grown in New Brunswick.Figure 3. (See original.) Projection of future sustainable harvest levels undercurrent management procedures (2002) and those proposed under JaakkoPöyry’s Scenario 2.8 (See original.)The DNR Timber Utilization Survey indicates that both the Crownand Industrial Freehold land bases are harvested at sustainablelevels.9 However, when all ownerships are considered, the NewBrunswick forest industry currently consumes more softwood fibrethan can be sustainably harvested from provincial forests under presentmanagement practices (Figure 4). The total harvest from the privatewoodlot land base has exceeded sustainable levels for the past severalyears. As a result, the Department of Natural Resources recentlycommissioned a study to examine the extent of this matter. In additionto the domestic supply, the forest industry imports a significant volumeof fibre from adjacent jurisdictions (mainly Quebec, Maine, and NovaScotia) to help meet the demand for softwood.


This unfavourable supply/demand scenario, which may worsen withincreasing external competition reducing wood imports, underliesindustry’s desire to increase the sustainable harvest potential ofCrown land in order to meet the forecast need for wood volume inthe future.

In terms of total hardwood fibre, the sustainable harvest level fromall New Brunswick forests is approximately equal to the industrialdemand (Figure 5).9 Until recently, there has been an excess ofhardwood fibre within New Brunswick. In response to new and/orexpanded production capacities at some processing facilities, and theinclusion of more hardwood in softwood pulping process, thedemand has increased quite dramatically. Sawlogs and veneerquality lumber continue to be in short supply.

It was within the context of the forest management and wood supplysituation described above that the Jaakko Pöyry study wascommissioned, and it is with full awareness of that context that theSelect Committee conducted its work.

Figure 4. Supply and demand of softwood (million m3) within NewBrunswick. (See original.)

Figure 5. Supply and demand of hardwood (million m3) within NewBrunswick. (See original.)

5.0 Response to the Jaakko Pöyry RecommendationsIn its report entitled New Brunswick Crown Forests: Assessment ofStewardship and Management, Jaakko Pöyry Consulting made thefollowing six recommendations (p. 9):1. timber supply objective should be set for each license area that would be

binding on the Government and on the Licensees. Timber supplyobjectives should be set for the range of species harvested commerciallyfrom each license. This would include a feedback loop to evaluate timbersupply implications of DNRE management changes.

2. The industry and DNRE should jointly fund and support research anddevelopment of science-based forest management practices applicable inNew Brunswick.

3. The public should participate in reviewing the objectives of managementfor New Brunswick’s Crown lands to provide a mandate for the directionand magnitude of change in forest management.

4. The DNRE should reduce overlap in management and oversight of Crownlands. Ontario provides a model on how industry/governmentresponsibilities have been streamlined.

5. Special management zones should be critically reviewed and wherepossible additional harvesting permitted. These areas should be managedusing the best science to meet habitat and timber supply objectives.


6. Conservation on private lands should be taken into account whenevaluating the need for set asides and special management on public lands.This should include a process to establish a form of voluntary conservationdesignation on private industry lands (and woodlots).

In addition, a key finding of Jaakko Pöyry (p. 11) was: “It is possibleto almost double the long term softwood supply for industrialpurposes while meeting the current non-timber objectives for Crownlands in New Brunswick.”The Committee believes that the Jaakko Pöyry report was invaluablein initiating dialogue on the management of New Brunswick’sCrown forest. This was clearly evidenced by overwhelming andunprecedented response to the call for the public to participate in theSelect Committee’s hearing process. However, after carefulconsideration and for reasons which will become clear later in thisreport, the Committee does not view the Jaakko Pöyry report as a“go forward” document; it does not fully support all of the JaakkoPöyry recommendations, nor does it support the doubling scenarioput forth in its report.More specifically, the Committee fully supports:• Recommendation 3 (Public Participation): The Committee agrees

that more effective involvement of the public in forestmanagement decision-making is highly important. Further, suchinvolvement is clearly desired by New Brunswickers as evidencedby the response to the Select Committee process. Nine of the SelectCommittee recommendations further articulate the desire to seepublic involvement and reporting processes put into place inregard to the Province’s forest management system.

• Recommendation 2 (Research and Development): The Committeeagrees that science and the best interpretation of research shouldbe fundamental to forest management in New Brunswick.However, funding arrangements can be various and beyond thedomain solely of DNR and industry. Existing research by industryand educational institutions should be made available and usedwherever feasible in DNR’s decision making.

The Committee partially supports:

• Recommendation 1 (Timber Supply Objective): The Committeeagrees with the need for a timber supply objective; however, itdoes not agree with setting binding timber objectives that wouldconstrain the Department’s ability to accommodate societaldemands for either new objectives or modifications to existing non-timber objectives.


• Recommendation 4 (DNR Staffing Levels): The Committee agreesthat DNR should continuously seek ways to improve its efficiency,including reducing overlap in management. However, DNR, assteward of the public forest lands, is responsible to ensure that allpractices conducted thereon fully comply with existing standards,guidelines, and policies. The Committee does not supportcurtailing DNR’s monitoring role, or assigning monitoringresponsibility to independent parties as recommended in theJaakko Pöyry report.

The Committee does not support:

• Recommendation 5 (Special Management Zones): The Committeedoes not believe that current guidelines for management of specialmanagement areas should be modified with the objective ofincreasing harvest levels. The Committee believes that the bestscience is, and must continue to be used to meet habitat and timbersupply objectives. However, the Committee acknowledges that asnew research becomes available, harvest levels in specialmanagement areas may change.

• Recommendation 6 (Conservation on Private Lands): TheCommittee feels that private land conservation efforts should beconsidered additional to, and not a replacement for, conservationon Crown land. Inadequate assurance exists about the long-termstatus of private land conservation efforts to allow them to replacethose on Crown land.

• The “Doubling Scenario”: Given current knowledge, the JaakkoPöyry proposal for doubling the area in softwood plantations is notsupported by the Committee. As will become apparent later in thereport, additional evaluation is necessary to determine theappropriate type and level of silviculture to be conducted onCrown lands in order to achieve the desired future forest. Such anevaluation should examine other possible scenarios, taking intoconsideration the social and environmental concerns expressedthroughout the public hearing process.

Furthermore, the Committee feels that the Jaakko Pöyry reportpresented but one vision - albeit an important and informative one -and believes management of the public forest to be best served by apublic vision, put forward by Government as trustees of that forest.Therefore, the Committee has opted to develop and present a “goforward” strategy. This strategy, embodied in the ensuingrecommendations, is aimed at capitalizing on New Brunswick’sforestry strengths and successes. Through its recommendations, the


Committee seeks to maintain a healthy forest environment and avibrant forest economy, both ultimately contributing to the socialwell-being of New Brunswickers, today and tomorrow.

6.0 Findings and RecommendationsSummary of HearingsThe public consultation process was remarkable in a number of ways.The sheer number of presenters and written submissions wasoverwhelming. In response to the surge of interest, hearings wereexpanded from the seven originally planned to thirteen. This intenseinterest was likely due in part to this being the first opportunity forbroad public input into New Brunswick forest management since theimplementation of the Crown Lands and Forests Act in 1982. Allpresenters (of both oral and written briefs) displayed passion and asense of conviction in expressing their positions. Presenters werethoughtful and sincere, and are to be commended for theircontributions to the hearings. The management of New Brunswick’sCrown lands is obviously of great significance and consequence tothe people of New Brunswick.

The Crown Lands and Forests ActAfter considering all the concerns brought forward during the publichearings, the Committee is compelled to comment on the CrownLands and Forests Act (CLFA). The Committee believes the foundingprinciples and structure of the CLFA remain valid today andcontinue to provide a solid foundation for Crown forest managementin New Brunswick. Through the consultation process, severalopportunities for enhancing Crown management became apparentto the Committee. It is the Committee’s belief that all suchopportunities can be effectively addressed in the context of theexisting CLFA.

Community ForestsGiven the concerns brought forward, the Committee is alsocompelled to comment on the concept of community forests.Establishment of community forest tenures on Crown land wasproposed by some as a means to improve forest management and toprovide greater benefit to New Brunswick society. The Committeespent much time discussing community forests and concluded thatthe call for their establishment stemmed largely from justifieddissatisfaction with respect to three aspects of the current situation:(a) the level of public influence over management objectives,(b) the level of local employment opportunity on Crown land, and(c) opportunities to procure Crown wood supply or other forest-derived raw

material for small, value-added enterprises.


The Committee addresses each of these three issues in itsrecommendations in ways which do not introduce what it sees asinherent difficulties and drawbacks of implementing communityforests in New Brunswick and in ways which do not underminewhat it sees as strengths of the CLFA. Over time, if it is determinedthat implementation of the Committee’s recommendations has notadequately addressed the legitimate concerns surrounding publicinfluence, employment and raw material access, then the communityforests concept should be revisited, together with other tenurealternatives, as a means to achieve the desired outcomes.

Organization of MaterialViewpoints expressed to the Committee were many and varied. Tofacilitate dealing with such volume and variety, the Committeeidentified four overarching categories by which to organize andstructure the content of submissions it received and itsrecommendations for improvement. These categories are:

• Governance and Accountability. This category deals withgovernment acting as trustee for the public, ensuring qualitycontrol in implementation of forest management, and reportingoutcomes to the public, the owners of the Crown land.

• Forest Management Objectives. This category deals with thenature of benefits sought from the forest and the nature of theforest deemed necessary to provide those benefits.

• Allocation of the Resource and Distribution of Benefits. Thiscategory deals with how raw material from the forest is allocatedto, and utilized by, beneficiaries and how employment and relatedsocial benefits are distributed through society.

• Provincial Wood Supply. This category deals with issues unique tothe fact that New Brunswick’s forest comprises three ownershiptypes, that significant interplay exists between them, and that theycollectively shape the status of New Brunswick’s forest.

This is an imperfect organizational structure; some categories overlapand not all issues heard by the Committee fit tidily into it. Nonetheless,the Committee feels this structure adequately captures the views itheard, and believes that advances in these four areas will result in asignificant overall advance in New Brunswick forest management.

The following sections step through each of these four categories byfirst stating the key principles that emerged from the hearings; theseprovided the Committee a reference point to interpret the viewsexpressed to it. Next stated are the issues, problems or opportunitieswhich were raised in one or more submissions. Lastly stated are the


Committee’s recommended ways for addressing issues in a waywhich conforms to, and is consistent with, the stated principles.

Wherever possible, the Committee attempted to be detailed in itsrecommendations, providing specific guidance to the maximumextent possible. However the Committee acknowledges thecomplexities and inter-connectedness of many of these issues andrespective solutions. The Committee also fully appreciates that in somecases further analysis will lead to a better understanding of theimplications and possible ramifications of its recommendations.Therefore, where the Committee felt precise recommendations couldnot be clearly and responsibly stated without further study, it providesgeneral direction and examples of possible action to be taken.

Finally, the Committee makes its recommendations with deliberateconsideration of the different short- and long-term circumstances. Inthe short to intermediate term, there will be no additional woodvolume available in the province. This means reduced flexibilitywithin an environment of increasing demand for the limitedsustainable Crown wood supply. Many of the Committee’srecommendations relate to this immediate timeframe. However,several very important recommendations are made to ensure greatervariety of raw materials which provide long-term flexibility to betteraddress unfolding economic and social opportunities.

6.1 Governance and AccountabilityPrinciples:

1. The Government has delegated responsibility to the Department ofNatural Resources (DNR) to manage the natural resources of theProvince in the best interest of the people. The fulfillment of thismandate of public trust and stewardship can only be accomplishedwith meaningful input from the citizens of the Province.

2. The Government through DNR is responsible not only for setting Crownforest objectives but also for monitoring the implementation ofmanagement strategies, policies and procedures. Inspections andperformance evaluation are fundamental tasks by which DNR ensuresappropriate and high quality management of the public forest.

3. The public has the right to receive from DNR clear, comprehensive,and timely reporting about stewardship of the Crown forest and thenature and extent of public benefits which accrue from itsmanagement.

4. DNR has a responsibility to provide clear, objective, and unbiasedinformation about forestry and forest management and otherwisecontribute to public awareness and understanding of these subjects.


Based on the above principles, the Committee identified threerelated issues and formulated recommendations for each.

Issue 1: Public Engagement in Objective SettingThe number of presentations, and passion with which they weredelivered, provided the Committee clear and ample evidence that thepublic wants a more active role in shaping New Brunswick forestmanagement. Many New Brunswickers have profound connections tothe forest and the natural environment. They live and play in theprovince’s forests, and many earn their living because of the forest andthe way it is managed. Many private citizens, provincial stakeholdergroups and those with industrial interests wish to actively participatein determining the future direction of the public forest.

Currently the most structured mechanism for public participation inCrown forest management is through Licensee StakeholderCommittees that inform the public how objectives are beingachieved. Individuals and groups also contact the Minister and theirMLAs to voice their opinions on various subjects. However, noformal, structured and systematic mechanism exists in NewBrunswick for the public to participate in the setting of objectives onCrown land. Canada’s Forest Accord calls for such a process andNew Brunswick is signatory to that Accord.

Recommendation 1: That DNR incorporate the Select Committeerecommendations adopted as result of this report into Departmental policies,the 2007 and 2012 Vision documents, and the Forest Management Manualwhere appropriate.

Recommendations made by Select Committee are in response tothe concerns and issues raised through the public hearing process.Some of the adopted recommendations will directly influencepolicies, the 2007 Vision document and the Forest ManagementManual. Other recommendations may be more relevant to the nextVision document which will be drafted to guide development of the2012 forest management plans.

Recommendation 2: That, by December 2007, DNR prepare a strategy forpublic participation, in time for 2012 management plan development.

DNR must engage both the public and the forest industry in theobjective setting process with the goal of using the resulting inputto establish clearly stated, measurable objectives for themanagement of the Crown forest. Greater transparency in settingobjectives would allow the rationale behind decisions and relatedtrade-offs to be more evident to all who participate.


The Vision document that specifies management objectives isprepared two years in advance of management planimplementation to allow Licensees sufficient time to prepare plansdesigned to meet those objectives. Therefore, to guide the 2012plans the Vision document must be ready for release by December2009. It then follows that it would be reasonable to require DNR toprepare a strategy for public participation by December 2007. Thistime frame links the public process to the development ofmanagement plans for Crown land and takes advantage of theadaptive nature of the planning process.

Recommendation 3: That a process similar to the one just completed by theSelect Committee be undertaken on a 10-year cycle.

The Committee believes that a number of the recommendationscontained in this report will lead to improved input from the publicand increased accountability of and reporting by both governmentand industry. However, formal solicitation of public input regardingthe forest management system that evolves over the next ten-yearperiod is an important way to gauge success of any new strategies.Extenuating or unforeseen circumstances may merit the sitting ofthe Committee sooner. However, since evaluating impacts ofprevious management actions can only be measured after passageof sufficient time, a shorter cycle is not recommended. This SelectCommittee process may become unnecessary as otherrecommended forms of public participation evolve and mature.

Figure 6 illustrates the relative timing or placement of the publicprocesses identified in Recommendations 2 and 3.Figure 6. Timeline illustrating the Crown forest management planningprocess, with the Select Committee’s recommendations related to publicparticipation included. (See Original.)Issue 2: Departmental Responsibility, Accountability andTransparencyWhile Recommendation 2 addresses the need for public input intoobjective setting, few avenues have been available for the generalpublic to influence the provincial forest management strategy onceobjectives are in place. This concern has been raised over the yearsand has led to the requirement that Licensees inform the public(usually through their Stakeholder Committees) about how Crownland objectives have been met. The Committee feels that this has notbeen completely effective and that more must be done in this regard.Improved communication and transparency between DNR,stakeholder groups and the general public are critical to help restore


citizens’ confidence that resource management decisions are beingmade with consideration of their best interests.

It also became evident during the hearings that there wasconsiderable variety of perspectives held by many who presented.This is due in part from the limited information which has beenmade available about forest management practices conducted onCrown land. In order to have effective public participation in theobjective setting, the Department should be more active in informingthe public about Crown-land forestry activities and the roles ofLicensees and Departmental staff.

Recommendation 4: That an individual (“The Coordinator”) responsible toco-ordinate implementation of the Committee’s recommendations andreporting to the Deputy Minister, be engaged for a five-year term, withpossibility of extension.

The person undertaking this critical function should be:(i) knowledgeable of natural resource management,(ii) objective, and(iii) a skilled manager and facilitator.This individual would assist the Deputy Minister by coordinatingimplementation of recommendations adopted as a result of thisreport. Dedicating an individual to followup on all work falling outof this review will ensure that matters are given sufficient andtimely attention. This person would supervise activities, andmonitor and report on progress in a systematic, objective manner.Their responsibilities would also include chairing the ProvincialAdvisory Committee noted in Recommendation 5 that follows.

Recommendation 5: That by April 2005 a Provincial Advisory Committeebe established to provide advice to the Minister of Natural Resource on issuespertaining to Crown forest management.

Under this process, the Minister of Natural Resources would inviterepresentation from provincial-level organizations, includingacademia, environmental stakeholders, forest industry, woodlotowners, and First Nations to sit as members of the AdvisoryCommittee. Initially the group would meet frequently as theirmandate would include providing advice to the Minister regardingactions resulting from the Select Committee’s report. TheProvincial Advisory Committee would be given opportunities toprovide comment on such things as the wood supply analysis andthe subsequent setting of timber objectives and the development ofthe public consultation strategy.


By inviting the principal stakeholders together, it is anticipated thatthe interests of the people, or the common good, will becomeclearer to all parties. This forum would provide a setting wherebydiffering opinions and views may be heard as potential solutionsare brought forward within the Department. Should the publicwish to communicate with the Advisory Committee they could usetraditional means, as well as electronically (email and internet). Ascurrent issues are resolved, the Minister may wish to periodicallyseek the counsel of this Advisory Committee on other emergingmatters related to Crown forest management.

Recommendation 6: That as soon as possible, the purpose and function ofthe Licensee Stakeholder Committees be clarified and enhanced.

The goal of these committees is to identify local concerns andsolutions within the bounds of approved management plans.Departmental staff should chair these meetings, creating anatmosphere where the industry participates as an active member,so other members feel more comfortable to freely voice theirconcerns or comments. The Licensee would act more as a resourceto DNR by providing required information regarding itsmanagement plan. Issues that arise during stakeholder meetingsshould not only be recorded, but a commitment undertaken by theLicensee to address the matter. The Licensees’ Annual Reportsshould reflect number of meetings, numbers in attendance, andissues raised and resolved.

Furthermore, the Coordinator should annually attend at least oneof each of the Licensees’ Stakeholder Committee meetings. Thiswill provide an opportunity for the Coordinator to hearparticipants’ views on the effectiveness of these committees.

Recommendation 7: That, effective 2005, the Minister of NaturalResources report annually to the Legislature on the status of NewBrunswick’s forest and its management.

This report would include such things as:(a) progress report from the Coordinator regarding theimplementation of adopted recommendations;(b) timber royalties collected;(c) highlights from Licensees’ Annual Reports (areas harvested,planted and thinned);(d) annual reporting of routine inspections of operators;(e) extent of public involvement in stakeholder meetings;(f) new, enhanced or expanded manufacturing facilities for woodproducts (or closures of facilities);


(g) First Nations operations on Crown lands;(h) fire and insect/disease damage; and(i) wood theft statistics.

Recommendation 8: That DNR regularly provide objective and factuallycorrect information to the public about forest management including the useof various harvesting and silvicultural techniques.

One example would be for DNR to produce educational materialsoutlining the risks and alternatives to, and the rationale for,herbicide application. The public also needs to be better informedon specific operational activities, such as the choice of harvestingmethods (clearcutting, selection cutting, shelterwood, etc.), DNRinspections, and other practices.The Committee feels that in view of the importance of forests to theprovince, greater emphasis must be placed on educating our youthabout this subject. Departmental staff currently visit every Grade 4class each year to provide students with general knowledge relatedto the Department’s mandate and the province’s natural resources.The Department should examine additional means by whichforestry could be further included in the school curriculum.

Issue 3: Performance Evaluations of Crown OperatorsSome presenters at the hearings alleged that sub-standard operationscommonly occur, infractions go unchecked, and there exists a generallack of environmental conscience in woods operations on Crownlands. Standards and operational monitoring are in place; however,their existence and use are not well known, and sentiment prevailsthat the extent and frequency of monitoring and the magnitude ofthe penalties for infractions are inadequate. The Committeeconcluded that penalties for poor practise are insufficient and thatthe performance of the Crown operators, poor and exceptional alike,should be more widely reported.

Recommendation 9: That Crown operators’ performance be more widelyreported and that penalties for mismanagement be increased.

Companies which have good performance reviews should berecognized and that those which do not, penalized. For instance,current practice requires Licensees that fail to meet requiredsilviculture levels to complete full remediation at their own cost. Thispractice should be formalized and embodied in Departmental policy.In addition, heftier penalties should be levied to provide a greaterdeterrent for non-compliance. Publication of the results of routineDNR monitoring would also provide greater accountability andpublic awareness regarding the Licensees, Sub-Licensees and


operators day-to-day performance. Monies generated throughpenalties should be directed to the dedicated Silviculture Fund (seeRecommendation 24).

6.2 Forest Management Objectives

Principles:

1. Crown land is a public resource, and as such, it should be managed inaccordance with public values. However, public values are diverse andoften conflicting, and may involve unavoidable trade-offs.

2. The forest is a complex biological system which operates on a long-termecological timescale. Forest objectives must not only address publicvalues, but must also be biologically sound and consistent with the bestscientific understanding of how the forest functions.

3. There exist many possible future forests - in addition to those presentedin the Jaakko Pöyry study - and responsible decision-making requiresfull consideration of those possibilities prior to choice of action.

4. It is desirable to have some level of wood supply security to fosterindustrial development, but equally desirable, and more important onpublic land, is the maintenance of management flexibility to allowreorientation of management objectives in response to changingmarkets, scientific knowledge, and social values.

Based on the above principles, the Committee identified two relatedissues and formulated recommendations for each.

Issue 4: Developing Management StrategiesThe Acadian Forest

Many presenters, using ecological and economic reasoning, arguedfor maintenance of the character and value of New Brunswick’sAcadian forest. There were significant advantages stated for thehigher level of biodiversity and greater variety of forest productsavailable from the Acadian forest, particularly relative to a simplifiedforest as may result under the doubling wood supply scenariodescribed in the Jaakko Pöyry report.

The current forest management strategy for Crown land does notexplicitly consider the characteristics of the Acadian forest andfocuses predominately on the spruce/fir/jack pine wood supply. Thisstrategy does not generally promote the growth in forest areassupporting tolerant hardwoods, white/red pine, red spruce andeastern cedar which are key elements of the Acadian forest andwhich provide the diversity that may be critical to the long-termprosperity of New Brunswick’s forest economy.


ClearcuttingThere was also considerable public support for reducing the relianceon clear cutting as the harvest method of choice on Crown land.Clearcut harvesting can have undesirable ecological consequences ifit significantly shifts forest types outside their natural range ofstructure and composition. The lack of explicit objectives formaintaining the character of the Acadian forest has led to, or allowed,a reliance on clearcutting in conditions where it is having thisundesirable consequence. If it is desirable, for ecological andeconomic reasons, to retain the rich diversity of species andstructures of the Acadian forest (a goal supported by a vast majorityof presenters), then forest management objectives are needed whichrequire that to happen.As is proposed in the recommendations that follow, objectives tomaintain the character of the Acadian forest should result inclearcutting being done in an ecologically appropriate way, inecologically appropriate stand types. This will almost certainlyreduce the prevalence of clearcut harvesting but some level ofclearcut harvesting should continue because, properly implemented,it is an ecologically appropriate harvest method in certain conditions.Notwithstanding the ecological and economic considerations, manypresenters felt that, for aesthetic reasons, clearcutting wasinappropriate and should therefore be reduced.Herbicide SprayingThere was also opposition to herbicide spraying. Some oppositionmay be attributed to differing views about the chemicals used andthe situations where they are applied, as well as the regulations inplace regarding their application. Opposition also stems fromstrongly-held ethical and philosophical beliefs. Herbicides are almostentirely used to control hardwood vegetation in plantations therebyprotecting the investment made in establishing these plantations.The use of herbicides is carefully monitored and the best science willcontinue to be applied when making decision regarding its use.

Binding Wood SupplyThe Committee strongly believes that explicit wood supply objectivesshould be formulated and management strategies implemented toachieve them, in the same way management has been designed andimplemented to meet habitat objectives. However, under nocircumstances should the stewardship of Crown resources berelinquished to industry through binding wood supply agreementsextending beyond the current five-year AACs. The Committee viewsexplicit wood supply objectives which guide management, but


without binding agreements which constrain future decision-making, as a socially responsible way to provide the industrymeaningful assurance that New Brunswick is committed tomaintaining a vibrant forest economy.Recommendation 10: DNR establish a process to develop quantifiablewood supply objectives for all commercial tree species.

A strategic analysis is required to determine future Crown woodsupplies for commercial species. Such an analysis must incorporatethe four related recommendations that follow.The Committee appreciates such an undertaking will take monthsto complete, but it believes that setting new objectives as soon aspossible will bring the public’s desire for change in forest policy toreality sooner. Therefore, if feasible, the Committee recommends thatDNR undertake this work and adopt new objectives as quickly aspossible. The earlier these objectives are adopted, the sooner NewBrunswick’s Crown forests will be ushered into a new era, creatinggreater future diversity and opportunity within the forestry sector.Dates referenced in the recommendations that follow are based onobjectives not being incorporated until the 2012 Vision draftingwhich represents a later-case scenario, or fall-back position.

Recommendation 11: That the wood supply strategies and objectivesidentified above be developed with reference to the natural diversity of theAcadian forest in order to generate increasing yields of a wider variety ofcommercial tree species while maintaining important ecological features ofthe forest.

The prominent characteristics of the Acadian Forest should bemaintained and used as the foundation for objective setting. Strategiesshould be developed to include all commercial species/productscurrently allocated on Crown land, and to promote the supply oftolerant hardwood species, eastern cedar, red spruce and pines.

Recommendation 12: That the amount of clearcut harvesting on Crownland be reduced.

The Committee recognizes that the results of the strategic analysisin Recommendation 10 will almost certainly reduce clearcutting,but such reductions would only be implemented in the 2012 plans.The Committee feels that this recommendation should be actedupon more swiftly and therefore recommends that the exactmagnitude of the decrease for the 2007 plans be determined by theMinister of Natural Resources. To assist the Minister in his decision,the Committee believes that a reduction in the order of 10-15% ofthe total current clearcut area would be reasonable.


The reduction in clearcutting should be directed to types that have thepotential to be managed for quality hardwoods, pines, red spruce oreastern cedar. Stand types requiring non-clearcut harvesting should bebroadened; for example, the current Crown Land Tolerant HardwoodPolicy requires that stands qualifying for quality hardwoodmanagement must have at least 50% hardwood present. This shouldbe modified so that stands with a minimum of 30% quality hardwoodwould fall under the Tolerant Hardwood Policy.

Recommendation 13: That, in order to promote the future benefits fromthe Crown forests, DNR modify existing silviculture guidelines for thinningand planting.

Multi-species thinning targets should be developed to bettermaintain and promote species diversity in pre-commercial thinningtreatments. While this is already implemented on some CrownLicenses, the targets must be developed and applied to all NewBrunswick Crown land. Similarly, criteria for planting eligibilityshould also be broadened to allow for more planting of sites whichnaturally support softwood. This would help partially offset long-term negative impacts to softwood volumes.

Recommendation 14: That any reduction in the short-term supply ofspruce/fir/jack pine be tempered to reduce the negative impact to the existingindustry.

When developing strategies to address Recommendations 10, 11and 12, any negative impact to the softwood AAC should betempered. The analysis suggested in these three recommendationswill produce different wood supply outcomes. These outcomesshould each be assessed and the trade-offs evaluated based uponthe potential benefits; for example, jobs, revenues and the desiredwood products and volume. The Committee believes that theMinister should ensure that net decline in softwood AAC should berestricted to 1.5 - 3.0 % of the 2002 softwood AAC. Final discretionmust remain with the Minister of Natural Resources given that amodest reduction beyond this suggested range could potentiallyprovide significant benefit.

Issue 5: Special Management AreasPresenters at the hearings clearly indicated that the public does notwish to jeopardize the current non-timber values managed for onCrown lands. There was little support for increasing harvest levels inspecial management areas. Harvesting is currently allowed andrequired in special management areas in order to maintain certainstand structures important for habitat. The majority of concernduring the public hearings was directed at harvesting in watercourse


buffers. The Committee feels that present guidelines are adequateand believes current restrictions do protect water quality and aquatichabitat.

This view was substantiated by the Department of Environment andLocal Government’s affirmation that existing watercourse buffers areachieving their goal of protecting water quality and fish habitat.Officials from that department advised the Committee that, based onwater quality monitoring efforts to date, the portions of watershedsunder forest management show good to very good water quality.

Recommendation 15: That DNR continue to use adaptive, science-baseddecision making in setting management criteria for all special managementareas and that no additional harvesting be permitted in special managementareas at this time.

Protection of water quality, aquatic and other habitats is theprimary management objective for managing these areas; theextraction of wood volume is secondary. The Committee did notsee convincing evidence at the hearings, nor was any presented inthe Jaakko Pöyry report, to suggest that harvesting in such areascan be increased without compromising these objectives. TheDepartment should continue its review of watercourse andwetland buffers in collaboration with the Department ofEnvironment and Local Government.

6.3 Allocation of Resources and Distribution of BenefitsPrinciples:

1. The government should strive to attain the greatest possiblevalue from the public forest by balancing economic, social, andenvironmental considerations.

2. Employment generated from use of the Crown resource is ofprimary economic benefit to the people of New Brunswick.

3. Within the finite provincial wood supply, the Crown volumemust be allocated in a manner that maximizes the overalleconomic benefit to New Brunswick.

4. Notwithstanding advances in technology, those who benefitfrom security of wood supply from the Crown land are obligedand responsible to provide maximum employment benefit toNew Brunswick society.

Based on the above principles, the Committee identified threerelated issues and formulated recommendations for each.

Issue 6: Local Community Employment in the Crown ForestOne general and common theme raised in the hearings was the needfor Crown land to provide better and more equitable employment


opportunities for local communities. One of the most consistentthemes that emerged from the hearings dealt with the decreasedinvolvement that communities have on adjacent Crown lands.

Community level employment must continue to be one of theessential benefits derived from the Crown land. Opportunities forlocal employment must be made available through such activities assilviculture, harvesting, and processing of the Crown wood. Controlover who is employed and the pace of change in employment levelson Crown lands rests predominantly with industry. The Committeeacknowledges public opinion that this type of control has had adetrimental effect on individual and community employment levels.Efficiencies in processing and milling methods have reduced thenumber of worker per unit volume of wood.

In many cases the issue of local employment involves the small-scalewoods worker with a chainsaw and skidder, who has felt displaced fromCrown lands. These small-scale workers are seeking access and someemployment opportunities. This is not a new issue. Mechanisms wereincluded in the Forest Management Agreements in 1982 wherebyLicensees were required to give employment consideration toindependent forestry contractors. Even though independent contractorsare currently employed, it is evident that the small-scale woods workerswere displaced from the Crown forest. The Committee does not wish toartificially create a ‘make-work’ project, but instead would like a portionof the current harvesting on Crown land made available to theseworkers to help augment their livelihood.

Recommendation 16: That, by April 2005, up to 10% of the total annualharvest volume of all species be made available for harvest by small, qualifiedcontractors.

The target for this initiative would be small-scale woods workers,located in proximity to these harvest blocks, who use chainsawsand other small equipment such as skidders. All operators wouldbe required to comply with existing policies, including beingcertified under ISO 14001 and an acceptable sustainable forestmanagement system. All such harvesting must also be conductedwithin the context of the approved forest management strategy forthe Crown License area in question.

As the manner by which to achieve this goal requires considerationof many elements, the Committee believes DNR should determinethe most feasible and equitable process for implementation. TheDepartment should have direct contact with contractors to ensuretransparency of this process and accountability for all participants.


The DNR should consider Section 14.2.2 in Forest ManagementAgreements as an existing structure to guide implementation ofthis recommendation. One option is the awarding of harvest blocksin a lottery style (similar to the moose draw). The system deemedmost effective should be put into place by April 2005. In addition,the Committee feels the Coordinator should ensure thatcertification training is accessible to those requiring it.

Recommendation 17: That effective immediately, DNR implement woodallocation mechanisms to retain and promote local employment opportunitiesin the event that a mill ceases operations.

The Committee believes that wood allocations should be tied tolocal communities. For example, should a mill cease to operate in acommunity for whatever reasons, within a five-year period proposalswould be invited to continue processing wood volume in thatgeographic area. Proposals which show the greatest economic returnto the community should be given priority for wood allocation.Community efforts to stabilize employment at local levels should beencouraged. In the event that a proposal is on the table, and underactive development, this timeline should be extended. Should theMinister wish to temporarily re-allocate the wood supply, mills ingeneral proximity to the closed mill should be given priority,particularly those with lower percentages of Crown allocation.

Recommendation 18: That for the 2007 operating plans, DNR facilitatemechanisms which encourage the harvest of other non-timber forest productsshould they be identified (e.g.,balsam fir tipping).

As an example, to the extent feasible, DNR should require pre-commercial thinnings of predominantly fir stands to be timed suchthat individuals working in the tipping sector would have readyaccess to fir boughs. Such opportunities would be communicated tothe local communities by notices on DNR District office bulletinboards and posted more centrally on the DNR website. New activitieswould be integrated within the current existing management plans toensure no detrimental impacts to existing operations.

Issue 7: Initiatives for Secondary ProcessingAnother concern voiced at the hearings was the difficulty experiencedwhen attempting to access Crown wood for new initiatives. Littleopportunity exists for secondary processors, whether industrial,individual, or community-based, to gain access to the Crown woodsupply. This limits the development potential for value-addedprocessing and results in little motivation for those with allocations to bemore innovative or creative with respect to job-growth potential.


Recommendation 19: That, in April 2007, 2% of the 2002 level AAC bemade available for new, value-added wood processing initiatives.

This wood volume should be made available in a publiclyadvertised manner, perhaps via Requests for Proposals. Successfulinitiatives would be selected based upon the intended use of thefibre, with particular emphasis on job creation and value createdper unit volume. The success of this activity should be closelymonitored. In future years, as considerably more volume becomesavailable, a greater portion could be offered for such initiatives. Aswith Recommendation 16, the details of implementation should beleft with the Minister to establish. The Committee suggests thatcalls for proposal be requested in time to allow allocations to bemade to successful bidders in the 2007 operating season.

Issue 8: Forest Industry EmploymentAs stated above, jobs are one of the most significant outputs linked tothe forest sector and were a recurring theme at the hearings. Thedecline in jobs per unit wood volume processed was repeatedly citedas a failure of the present wood allocation scheme. Industrial accessto the Crown wood supply must bring with it an obligation toprovide stable employment for the people of New Brunswick. TheCommittee agrees that maximum employment benefits should bederived from Crown wood supply, but is also aware that the desirefor maximum employment must be tempered with industry’s needto remain competitive in a world market.

Throughout the public process, numerous figures were broughtforward when discussing employment levels associated with theforest operations. To help meet the Committee’s desire to promote ahealthy forest-based economy, employment trends need to bemonitored.

Recommendation 20: That Licensees and Sub-Licensees report onemployment levels and that these be considered when the Minister renewsCrown allocations.

All Licensees and Sub-Licensees will be required to report annuallyon the level of employment associated with their access to Crownwood. Industries must be more aggressive in maintaining andcreating new opportunities for value-added employment. DNRshould review the requirements of the Timber Utilization Survey 9,making it more comprehensive by including annual reporting byLicensees and Sub- Licensees of total employment levels, of bothwoodlands and processing.


6.4 Provincial Wood SupplyPrinciples:

1.All forests in New Brunswick, regardless of ownership and managementobjectives, should be managed in a sustainable and environmentallyresponsible manner.

2.Crown land should be the residual source of wood supply. Wood fromCrown land should not unfairly compete with wood from private lands.

3.Except for supply from industry’s own freehold, Crown wood supplyrepresents the most secure source of supply and this security has anassociated value.

4.Forest management is a long-term proposition and requires a long-termcommitment, including required funding for silviculture. TheGovernment should provide a stable and dependable source of revenue tomaintain silviculture programs on Crown land.

Based on the above principles, the Committee identified four relatedissues and formulated recommendations for each.

Issue 9: Private Woodlot ManagementPrivate wood supply is important to the provincial economy.Ensuring a sustainable supply of wood from private lands will bechallenging; however, the Committee believes that it is a criticalconsideration for all New Brunswickers - land owners, citizens andindustry alike.

There was considerable concern expressed by private land ownersand some Marketing Boards appearing before the Committee,regarding the positioning of Crown wood in relation to the marketfor private land wood. Some private land owners do not believe theyare getting fair access to markets or receiving fair value for theirwood. The perception exists that Crown wood is in direct andsubstantial competition with wood from private land.

During the hearings, support for the concept of primary source ofsupply was often voiced as a means to address the private sectorissues. “Primary supply” became government policy more thantwenty years ago when there was an oversupply of wood to themarket place. It was intended to ensure private wood was purchasedfirst by processors and that Crown wood was reserved as the supplyof last resort.

Today, the rationale in support of primary supply is linked more tothe lingering issues of scheduling and pricing than to the ability toflow wood from private lands to processing facilities.


Recommendation 21: That the current negotiations concerning primarysource of supply that DNR has been facilitating between the New BrunswickForest Products Association and the New Brunswick Federation of WoodlotOwners be fully supported.

The discussions currently underway between these three partiesare crucial to resolving the long-term wood supply dilemma andthe dissatisfaction experienced by woodlot owners. Every effortshould be made by all parties to see them succeed.

Issue 10: Crown Royalty RatesThat royalty for Crown wood is less than fair market value is oftencited as short-changing the owners of Crown land (the public) and ascreating unfair competition for wood from private lands. The loss ofwoodlots as “primary source” has also fostered an atmosphere ofmistrust and a perceived lack of fairness in the marketplace forprivate wood. However, in contrast to these perceptions, both Crownstumpage rates and Licensee overhead charges are evaluatedperiodically (every 3-5 years) and adjusted based on these analyses.Overhead charges are operational costs that Licensees incur as partof their management responsibilities, over and above those typicallyassociated with management of smallerscaleoperations. Crownroyalty rates (fair market stumpage minus agreed upon overheadcosts) are calculated to include operating costs normally paid for bythe land owner. Royalty rates are also adjusted between formalmarket evaluations on the basis of observed changes in productselling prices (using the product selling price indices).

As explained earlier Crown land is managed under 25-year ForestManagement Agreements, for an annual allowable cut that issustainable over an 80-year timeframe. A comprehensive process is inplace to review and adjust the objectives on a five-year cycle. Theresulting wood volumes and product allocations are guaranteed for afive-year period. In comparison to free market wood sources, thissystem provides security of quality and supply to those who receivewood from the Crown lands. Providing Recommendations 10 to 14are also implemented, the supply will be further secured andtherefore it would be appropriate to charge a premium to betterreflect this higher level of security.

Recommendation 22: That the Crown base royalty rates be increased by anamount to reflect the extra value of a secure Crown wood supply and a crediblethird-party be engaged to estimate the magnitude of that extra value.

For the short-term, until such time as an objective analysis ofpremium value is undertaken by an accredited third-party, it is


recommended that, over and above any planned increments, theroyalty rates be increased by 1 % per year until such time as thethird-party study is completed. This would be over and above thenormal increment associated with product selling price indices.The third-party analysis should be conducted within twelvemonths. Once the increased royalty rate is established, the Ministershould use a phased-in approach to allow companies to adjust tothis additional operating cost.

Issue 11: Funding Crown Land SilvicultureFunding currently directed to Crown silviculture is significant andexpenditures must be justified against other budgetary demands.Funding at present or increased levels was questioned during thehearings, on the grounds that direct benefits accrue primarily to thecompanies harvesting and processing the additional wood volumemade available through such investment. Regardless of source, long-term secure silviculture funding is necessary to implement actionsrequired to attain specified forest objectives. Greater long-termcertainty in silviculture funding levels is one way to signal toindustry the Government’s commitment to a prosperous futureforest economy.

Recommendation 23: That, on a five-year basis, Government commit to thelevel of silviculture funding deemed appropriate to achieve desired timberobjectives developed during the analysis stated in Recommendation 10.

Once various scenarios are evaluated and the options forsilviculture treatments identified, better-informed decisions can bemade. The type and timing of interventions will be dependentupon what is needed to achieve desired outcomes. Once thisanalysis is completed, budget implications could be responsiblyexamined and a decision made regarding the affordable level ofsilviculture investment required to meet the objectives. Once thisdecision is made, the silviculture budget should be fixed for thatfive-year period.

Recommendation 24: That any increase in royalties (using 2004 as thebase year) be deposited in a dedicated fund directed exclusively to the Crownsilviculture program.

As explained under Issue 10, Crown royalty rates are reviewedperiodically, and increase with market trends. Between theseformal evaluations, royalties are reviewed annually in relation tothe product selling prices. It is recommended that revenuesgenerated as (a) a result of the “premium” noted inRecommendation 22 and (b) the regular increases based on the


market trends, be deposited into a dedicated silviculture fund.Over time, this account would grow in magnitude. It is furtherrecommended that any surplus in the dedicated account be carriedover to the following year and used to off-set the cost of the pre-determined, base silviculture level.

Issue 12: Management of Industrial Freehold LandsIndustrial lands are not all being as intensively managed as theCrown. Industrial freehold represents 18% of the productive forestarea of the province. While some industrial land owners haveaggressively implemented silviculture programs on their own lands,others have not. Intensive management should be supported on alllands where the primary goal is fibre production. This requirementshould be linked to Licensees’ and Sub-Licensees’ access to CrownAAC.

Recommendation 25: That DNR establish a minimum level of silviculturethat must be conducted on Licensee and Sub-Licensee industrial freehold.

This will provide evidence of the commitment that industry has toincreased wood production by increasing silviculture on theirlands. Under Sections 40 and 45 of the CLFA, each company wouldbe required to report the level of silviculture implemented on theirfreehold lands on an annual basis to the Minister. DNR may deemit appropriate to inspect some of this property under its monitoringprogram.

7.0 ConclusionsAfter conducting 13 hearings across the province and reviewing theconsiderable material submitted to it, the Select Committee on WoodSupply believes its recommendations responsibly respond to the keyconcerns and issues raised by the public in relation to themanagement of the public forest. It further believes that itsrecommendations address many of the wood supply issues raised inthe Jaakko Pöyry report.The Committee does not view the Jaakko Pöyry report as a ‘goforward’ document, but considers it a major stimulus that helpedbring about unprecedented discussions on the future direction ofCrown forest management. Furthermore, the Committee feels thatthe Jaakko Pöyry report presents but one vision - albeit an importantand informative one - and believes management of the public forestto be best served by a public vision, put forward by Government astrustees of that forest.The public consultation process, the first such process since theadoption of the Crown Lands and Forests Act, was remarkable in a


number of ways. The number of presenters and written submissionswas tremendous; the range of positions and values that the publicassociate with Crown forests was diverse. The management of NewBrunswick’s Crown lands is obviously of great significance andconsequence to the people of New Brunswick.

Through the course of the Committee’s deliberations, a number ofpertinent facts became clear. Concepts fundamental to soundmanagement of the public forest are as follows:

• The Government is entrusted with the stewardship responsibilities for theCrown forest. Under no circumstances should the stewardship of these Crownresources be relinquished. Management flexibility must be retained to adapt tochanges in the forest and to changing social values.

• There must be processes in place to allow the public to participate indetermining the principles and goals for Crown forest management. The publicmust be kept informed about what is done on Crown land and Governmentmust ensure that management objectives are being met.

• The forest management system, and the objective setting process, must bebiologically sound and consistent with the best scientific understanding of howthe forest functions.

• The character of the Acadian forest should be promoted and maintained.Objectives to do this must be determined, including explicit wood supplyobjectives. However, when developing forest management strategies, negativeimpacts to current supplies of traditional forest products must be tempered.

• Community level employment must continue to be an essential benefit derivedfrom the Crown forest. Employment levels must be included as a factor whenconsidering the allocation of Crown wood supply. A more diversified forestindustry is desirable, as greater diversity within the forest industry will bufferthe industry, as a whole, against market forces and will provide a more stableemployment environment. Innovation, in primary and secondary woodprocessing must be encouraged, as it will form the cornerstone of futureemployment opportunities within the forest industry.

• All land bases, with their related management strategies, are importantcontributors to the provincial wood supply.

• Silviculture is an integral part of the Crown management strategy. Acommitment should be made to ensure that once the desirable level ofsilviculture on Crown land is determined, funding will be available for theduration of that particular management period. Equally important is ensuringthat basic silviculture is conducted on industrial freehold held by Licensees andSub-Licensees.

• A premium to reflect the extra value associated with the five-year commitmentof quality and quantity of Crown wood, under the 25-year forest management


agreements, should be applied to Crown royalty rates. Increments to Crowntimber royalties should be deposited to a dedicated Crown silviculture fund.

The Committee built upon input received during the publicconsultation process to develop and present what it sees is a “goforward” strategy. This strategy is aimed at capitalizing on NewBrunswick’s forestry strengths and successes, and the public’s desireto have involvement in the future of the Crown forest. TheCommittee’s goal is to provide a strategy that involves the public,maintains a healthy forest environment and a joboriented, diversifiedforest economy, all ultimately contributing to the social well-being ofNew Brunswickers, today and into the future.The Committee respectfully submits this report to Government withthe intent of shaping a better forest management future in NewBrunswick, firmly believing it will support the Minister of NaturalResources in fulfilling the Department’s mission to manage the naturalresources of the Province in the best interest of its people.In summary, the Select Committee on Wood Supply makes thefollowing 25 specific recommendations:Governance and Accountability[1] That DNR incorporate the Select Committee recommendations

adopted as result of this report into Departmental policies, the 2007and 2012 Vision documents, and the Forest Management Manual,where appropriate.

[2] That, by December 2007, DNR prepare a strategy for publicparticipation, in time for 2012 management plan development.

[3] That a public participation process similar to the one just completedby the Select Committee be undertaken on a 10-year cycle.

[4] That an individual (“The Coordinator”) responsible to co-ordinateimplementation of the Committee’s recommendations andreporting to the Deputy Minister, be engaged for a five-year term,with possibility of extension.

[5] That, no later than April 2005, a Provincial Advisory Committee beestablished to provide advice to the Minister of Natural Resource onissues pertaining to Crown forest management.

[6] That as soon as possible, the purpose and function of the LicenseeStakeholder Committees be clarified and enhanced.

[7] That effective 2005, the Minister of Natural Resources reportannually to the Legislature on the status of New Brunswick’s forestand its management.

[8] That DNR regularly provide objective and factually correctinformation to the public about forest management including theuse of various harvesting and silvicultural techniques.


[9] That Crown operators’ performance be more widely reported andpenalties for mismanagement be increased.

Forest Management Objectives[10] That DNR establish a process to develop quantifiable wood supply

objectives for all commercial tree species.[11] That the wood supply strategies and objectives identified above be

developed with reference to the natural diversity of the Acadianforest in order to generate increasing yields of a wider variety ofcommercial tree species while maintaining important ecologicalfeatures of the forest.

[12] That the amount of clearcut harvesting on Crown land be reduced.[13] That, in order to promote the future benefits from the Crown

forests, DNR modify existing silviculture guidelines for thinningand planting.

[14] That any reduction in the short-term supply of spruce/fir/jackpine be tempered to reduce the negative impact to the existingindustry.

Allocation of Resources and Distribution of Benefits[15] That DNR continue to use adaptive, science-based decision

making in setting management criteria for all special managementareas and that no additional harvesting be permitted in specialmanagement areas at this time.

[16] That, by April 2005, up to 10% of the total annual harvest volumeof all species be made available for harvest by small, qualifiedcontractors.

[17] That, effective immediately, DNR implement wood allocationmechanisms to promote and stabilize local employmentopportunities in the event that a mill ceases operation.

[18] That for the 2007 operating plans, DNR facilitate mechanismswhich encourage the harvest of other non-timber forest productsshould they be identified (e.g., balsam fir tipping).

[19] That, in April 2007, 2% of the 2002 level AAC be made available fornew, value-added wood processing initiatives.

[20] That Licensees and Sub-Licensees report on employment levelsand that these be considered when the Minister renews Crownallocations.

Provincial Wood Supply[21] That the current negotiations concerning primary source of supply

that DNR has been facilitating between the New Brunswick ForestProducts Association and the New Brunswick Federation ofWoodlot Owners be fully supported.


[22] That the Crown base royalty rates be increased by an amount toreflect the extra value of a secure Crown wood supply and acredible third-party be engaged to estimate the magnitude of thatextra value.

[23] That, on a five-year basis, Government commit to the level ofsilviculture funding deemed appropriate to achieve desired timberobjectives developed during the analysis stated inRecommendation 10.

[24] That any increase in royalties (using 2004 as the base year) bedeposited in a dedicated fund directed exclusively to the Crownsilviculture program.

[25] That DNR establish a minimum level of silviculture that must beconducted on Licensee and Sub-Licensee industrial freehold.

Endnotes1 Jaakko Pöyry Consulting. 2002.New Brunswick Crown Forests: Assessment of Stewardship andManagement. 60 p.

2 NB Department of Natural Resources and Energy. 1999.A Vision for New Brunswick Forests: Goals and Objectives for CrownLand Management. 44 p. Available on line at: http://www.gnb.ca/0078/vision-e.asp

3 NB Department of Natural Resources. 2004.Staff Review of the Jaakko Pöyry Report. 57 p.

4 Atlantic Provinces Economic Council. 2003.The New Brunswick Forest Industry: The Potential Economic Impact ofProposal to Increase the Wood Supply. 31 p.

5 Crown Lands and Forests Act; Chapter C-38.1, Acts of NewBrunswick, 1980.Consolidated to March 31, 2003 and available on line at:http://www.gnb.ca/0062/acts/acts/c-38-1.htm

6 NB Department of Natural Resources and Energy. 1994.Forest Management Manual for Crown Land. 82 p.

7 NB Department of Resources and Energy. 2002.Derived from forest stand models. Internal analysis.

8 NB Department of Natural Resources. 2004.Derived from the Jaakko Pöyry Consulting. 2002.New Brunswick Crown Forests: Assessment of Stewardship andManagement.

9 NB Department of Natural Resources and Energy. 2002.Timber Utilization Survey for the Year 2001. Internal report.


His Honour, the Lieutenant-Governor was announced, and havingbeen bidden to enter, took his seat in the chair upon the Throne.His Honour was pleased to close the session with the followingspeech:

Mr. Speaker and Honourable Members of the Legislative Assembly:I want to commend you for your hard work and dedication to thepublic business of New Brunswick during the First Session of theFifty-fifth Legislative Assembly.This session marked the first stage of implementation of yourgovernment’s policies and platform entitled New Brunswick:Reaching Higher. Going Further, designed to bring greater prosperityto all New Brunswickers.Your government made a commitment in Reaching Higher. GoingFurther to lower auto insurance rates and make insurance more fairand accessible for New Brunswick motorists. The reformsintroduced during this session to the auto insurance systemimprove accessibility, increase affordability and promote fairnesswithin the system and have lowered rates for many NewBrunswick motorists.During this session, your government put in place Healthy Futures,a four-year provincial health plan to secure the province’s healthcare system and make it sustainable well into the future.In fulfilling a commitment made in the health plan, legislation wasintroduced to protect New Brunswickers from second-hand smoke.As a result, New Brunswick went smoke free as of Oct. 1 of this year.Another honour was bestowed upon our veterans this session inadding Remembrance Day to the list of paid public holidayscovered by the Employment Standards Act effective this year.As part of your government’s work towards municipal reform,amendments were passed this session to lengthen the term ofoffice for municipal councils, district education councils andregional health authorities to four years from three years. Thesechanges give council members a greater chance to make adifference to our communities.Fulfilling another commitment of your government, a modernSecurities Act was enacted to enhance New Brunswick’s businessenvironment and make our province competitive in globalsecurities activities. The new act and the Securities Commissionhave created greater investor confidence and better protectinvestors against fraud, market manipulation and illegal trading.


Your government is committed to balanced budgets. It promised tobring in a balanced budget for 2004-2005 and is on track with thatprojection. This year’s budget continues your government’scommitment to invest in the top priorities of New Brunswickers:health and senior care, education and children, jobs and prosperitywhile reinforcing its commitment to fiscal responsibility and livingwithin its means.

Your government also recognized the aging nursing homeinfrastructure in our province had to be addressed. It did so thissession by making a major investment of over $90 million toconstruct a new 75-bed nursing home, replace three nursing homesand renovate six nursing homes throughout New Brunswick.

The work done by legislative committees is an essential part of ourdemocratic system. These committees spend many hours holdinghearings, examining legislation and other issues of importance toall New Brunswickers.

On behalf of the government and all members of this House, Iwant to thank the members and chairpersons of the legislativecommittees and all legislative staff for their hard work and theirdiligence throughout this session.

The business of the First Session of the Fifty-fifth LegislativeAssembly was very productive. With the business of this sessioncompleted, it is my privilege and responsibility to issue thecommand of Her Majesty that the Legislature stand prorogued.

May Divine Providence continue to guide and bless the people ofNew Brunswick.

The Clerk of the Legislative Assembly, Loredana Catalli Sonier, thensaid:

It is His Honour the Lieutenant-Governor’s will and pleasure thatthe Legislative Assembly be prorogued until 3 o’clock p.m. today,and this Legislative Assembly is hereby prorogued accordingly.

The House prorogued at 11.21 o’clock a.m.


Annual Report 2003-2004, AtlanticHealth Sciences Corporation July 12, 2004


Annual Report 2003, Algonquin PropertiesLimited and Algonquin Golf Limited July 12, 2004

Annual Report 2003-2004,Atlantic Lottery Corporation July 13, 2004

Annual Report 2003-2004,New Brunswick Power Corporation August 20, 2004

Annual Report 2003-2004, New BrunswickAdvisory Council on Seniors August 25, 2004

Annual Report 2004, Municipal Statisticsfor New Brunswick September 1, 2004

Annual Report 2004, Aboriginal AffairsSecretariat September 14, 2004

Annual Report 2002-2003, Legal Aid September 20, 2004Annual Report 2003-2004,

Service New Brunswick September 30, 2004Annual Report 2003-2004,

NB Investment Management Corporation October 18, 2004Annual Report 2000-01, 2001-02, 2002-03,

2003-04, Forest Protection Limited October 22, 2004Annual Report 2000-2003,

New Brunswick Credit UnionDeposit Insurance Corporation October 25, 2004

Annual Report 2003-2004,Le Centre communautaire Sainte-Anne October 25, 2004

Annual Report 2003-2004,New Brunswick Highway Corporation October 26, 2004

Annual Report 2003-2004, Labour andEmployment Board October 27, 2004

Annual Report 2003-2004, Public Safety October 29, 2004Annual Report 2003-2004,

Office of Human Resources October 29, 2004Annual Report 2003-2004,

New Brunswick Advisory Council on Youth November 1, 2004Annual Report 2003-2004, Natural Resources November 2, 2004Annual Report 2003-2004, Transportation November 4, 2004Annual Report, 2003-2004 Premier’s Council

on the Status of Disabled Persons November 5, 2004Annual Report, Public Accounts for the

fiscal year ended 31 March 2004(Volume 1 Financial Statements November 8, 2004

Annual Report, 2003-2004 Maritime ProvincesHigher Education Commission November 8, 2004


Annual Report, 2003-2004 Lotteries Commissionof New Brunswick November 12, 2004

Annual Report, 2003-2004Training and Employment Development November 25, 2004

Annual Report, 2003-2004 New BrunswickHuman Rights Commission November 26, 2004

Annual Report 2003-2004,Family and Community Services November 29, 2004

Annual Report 2003-2004, Supply and Services November 30, 2004

OTHERBrief presented by the New Brunswick Advisory Council

on the Status of Women to the New BrunswickCommission on Legislative Democracy -Women and Electoral Reform in New Brunswick July 21, 2004

Public Disclosure Statements filed pursuant tosubsection 20(7) of the Members’ Conflictof Interest Act October 15, 2004

Report of the Auditor General of New Brunswick -Volume 1 - 2004 October 26, 2004

Planning for Prosperity - Business NewBrunswick’s Strategic Plan (2004-2007) November 1, 2004

Legislative Activities 2003 November 12, 2004Members Expense Report

for the 2003-2004 fiscal year November 16, 2004

INDEX

INDEX iii

INDEXTO JOURNALS OF

LEGISLATIVE ASSEMBLY2003-2004

AAcadia, 400th Anniversary, dignitaries from France welcomed, 296.

Aboriginal Day, National,National anthem sung in Mi’kmaq to commemorate, 288.

Address,In reply to the speech of Her Honour the Lieutenant-Governor at opening ofHouse, moved and seconded, 16; debated and adjourned over, 17, 34, 36, 45, 47,debate ended, resolved in the affirmative, 47; ordered to be engrossed andpresented, 47; Committee to present same appointed, 47.Adjournment of the House, 42, 47, 58, 79, 122, 258, 272, 289, 302, 318.

Administrator,Signified Royal Assent to Bills, 318.Signified Royal Assent to Supplementary Appropriations Act 2004-2005 (Bill 82), 319.Took Chair, 318.Vacated Chair, 319.

Annual Reports,Aboriginal Affairs Secretariat 2004, 364.Algonquin Properties Limited and Algonquin Golf Limited, Annual Report and

Financial Statements of, 74; 2003, 364.Atlantic Health Sciences Corporation 2003-2004, 363.Atlantic Lottery Corporation 2003, 74; 2003-2004, 364.Beauséjour Regional Health Authority 2002-2003, 18.Beaverbrook Art Gallery 2002, 74.Centre communautaire Sainte-Anne, Le, 2002-2003, 74; 2003-2004, 364.Conflict of Interest Commissioner, 2002-2003, 18; 2003-2004 for the period May 1,

2003 to April 30, 2004, 257.Council of Atlantic Premiers, The, Report for 2001-2003, 119.Culture and Sport Secretariat 2002-2003, 75.Department of Agriculture, Fisheries and Aquaculture 2002-2003, 119.Department of Education 2002-2003, 119.Department of Environment and Local Government, 119.Department of Family and Community Services 2002-2003, 119; 2003-2004, 365.Department of Finance, 2002-2003, 74.Department of Intergovernmental Affairs 2002-2003, 74.Department of Health and Wellness 2002-2003, 118.Department of Justice (Insurance) 2001, 18; 2002-2003, 119.Department of Justice (Co-operatives) 2001, 18; 2002, 119.Department of Justice (Credit Unions) 2001, 18; 2002, 119.Department of Justice and Attorney General 2002-2003, 119.Department of Natural Resources and Energy 2002-2003,74; 2003-2004, 364.Department of Public Safety 2002-2003, 74; 2003-2004, 364.Department of Service New Brunswick 2002-2003, 74; 2003-2004, 364.

iv INDEX

Department of Supply and Services 2002-2003, 75; 2003-2004, 365.Department of Tourism and Parks 2002-2003, 74.Department of Training and Employment Development 2002-2003, 74; 2003-2004, 365.Department of Transportation 2002-2003, 74; 2003-2004, 364.Forest Protection Limited 2000-01, 2001-02, 2002-03, 2003-04, 364.Kings Landing (April 1, 2002 to March 31, 2003), 75.Labour and Employment Board 2002-2003, 76; 2003-2004, 364.Legal Aid New Brunswick 2001-2002; 18; 2002-2003, 364.Legislative Activities 2002, 74; 2003, 365.Lotteries Commission of New Brunswick 2002-2003, 76; 2003-2004, 365.Main Estimates 2004-2005, 122.Maritime Provinces Higher Education Commission 2002-2003, 119; 2003-2004, 364.Municipal Statistics for New Brunswick 2003, 75; 2004, 364.NB Investment Management Corporation 2002-2003; 75; 2003-2004, 364.New Brunswick Advisory Council on the Status of Women Annual Report 2002-

2003, 119.New Brunswick Advisory Council on Seniors 2003-2004, 364.New Brunswick Advisory Council on Youth 2003-2004, 364.New Brunswick Board of Commissioners of Public Utilities, 75.New Brunswick Credit Union Deposit Insurance Corporation 2000-2003, 364.New Brunswick Highway Corporation 2002-2003, 75; 2003-2004, 364.New Brunswick Human Rights Commission 2001-2002, 18; 2002-2003, 74; 2003-

2004, 365.New Brunswick Liquor Corporation, 74.New Brunswick Police Commission, 119.New Brunswick Power Corporation 2002-2003, 18; 2003-2004, 364.New Brunswick Tire Stewardship Board 2002 Management Plan 2003-2004, The, 75;

2003, 320.Office of the Chief Coroner 2002-2003, 118.Office of the Comptroller 2002-2003, 74.Office of Human Resources 2002-2003, 74; 2003-2004, 364.Office of the Ombudsman 2002-2003, 118.Premier’s Council on the Status of Disabled Persons 2002-2003, 75; 2003-2004, 364.Provincial Holdings Ltd. for the year ending March 31, 2003, 118.Public Safety Inspection Services 2002-2003, 118.RCMP “J” Division 2002/03, 75.Regional Development Corporation 2002-2003, 118; Annual Listing of Program

Expenditures for the year ending 31 March 2003, 118.Research and Productivity Council 2002-2003, 75.River Valley Regional Health Authority 2002-2003, 18.Vital Statistics 2002, 119.Workplace Health, Safety and Compensation Commission 2003, 122.Youth Council of New Brunswick 2001-2002, 74; 2002-2003, 76.

Reports, OtherAir Quality Monitoring Results in New Brunswick for the year 2001 - Environmental

Reporting Series, 75; 2002, 119.Auditor’s Report on the Accounts of the Auditor General of the Province of New Brunswick

for the fiscal year ended 31 March 2003, 67.Auditor General of New Brunswick - Volume 1, Highlights, Report of the, 2003, 81.Auditor General of New Brunswick - Volume 1, Report of the, 2003, 81; 2004, 365.Auditor General of New Brunswick - Volume 2, Report of the, 2003, 119.

INDEX v

Auditor General, 2001, entitled “Indicators of the Province’s Financial Condition”as well as a document entitled “Response to erroneous information about U.S.$500 Million bond issue,” Chapter Two of the Report of the, 109.

Automobile Rates in New Brunswick July 28, 2003, Input of Proposed Tort Reformon Private Passenger, 20.

Brief presented by the New Brunswick Advisory Council on the Status of Womento the New Brunswick Commission on Legislative Democracy, Women andElectoral Reform in New Brunswick, 365.

Budget 2004-2005 - Living within our Means Focusing on Priorities, 122.Budget Paper, Accounting for Tangible Capital Assets, 95.Chief Electoral Officer - Thirty-fifth General Election-June 9, 2003, Report of the, 76.Consultation Paper on Public Auto Insurance in New Brunswick, 75.Election Returns of Votes Polled in the Several Electoral Districts of the province

in the general election held June 9, 2003, 8.Election Returns of Votes Polled in the Electoral District of Shediac—Cap-Pelé

October 4, 2004, (By-election), 321.Financial Statements for the fiscal year ended 31 March 2003, 75.Forestry Sector Group, Directory - New Brunswick, 75.Government of New Brunswick Workforce Profile, 117.Healthy Futures: Securing New Brunswick’s Health Care System, The Provincial

Health Plan 2004-2008, 263.Letter dated May 22, 2004, addressed to Hon. Mr. Fitch from David D. Hay,

President and CEO of NB Power, 240.Maritime Provinces Higher Education Commission Survey of 1999 Maritime

University Graduates in 2001, 18.Members’ Expenses, pursuant to section 30(3) of the Legislative Assembly Act, A

Report by the Minister of Finance on, 76.Members Expense Report for the 2003-2004 fiscal year, 365.New Brunswick Automobile Insurance Review Report. Prepared for the New

Brunswick Office of the Attorney General, June 25, 2004. Prepared byPricewaterhouse Coopers LLP, 306.

New Brunswick Economy 2004, The, 122.Planning for Prosperity - Business New Brunswick’s Strategic Plan 2004-2007, 365.Point Lepreau Refurbishment Review, Dr. Robin Jeffrey, April 2004, 184.Position Paper on Human Rights Renewal in the Province of New Brunswick, 122.Public Accounts for the fiscal year ended 31 March 2003 - Volume 1, 118.Public Accounts for the fiscal year ended 31 March 2003 - Volume 2 - Supplementary

Information, 118.Public Accounts for the fiscal year ended 31 March 2003 - Volume 3 - Financial

Statements of Crown Corporations, Boards, Commissions, 119.Public Accounts for the fiscal year ended 31 March 2003 - Volume 4 - Trust Funds, 119.Public Accounts for the fiscal year ended 31 March 2003 - Volume 5 - Salary Listings

of Organizations, 118.Public Accounts for the fiscal year ended 31 March 2004 - Volume 1 and Financial

Statements, 364.Public Disclosure Statements filed pursuant to subsection 20(7) of the Members’

Conflict of Interest Act, 75; 365.Report Card on the Status of Women in New Brunswick 2004, 119.Report to the Office of the Attorney General for the Province of New Brunswick on the

Review of the Final Report of the Select Committee on Public Automobile Insurance.Prepared by: Brian G. Pelly, Fellow, Canadian Institute of Actuaries, EcklerPartners Ltd., 306.

vi INDEX

Report to the Speaker of Hon. Stuart Stratton into allegations of Mr. BernardRichard, MLA for Shediac—Cap-Pelé of possible violation of Members’ Conflict ofInterest Act by Michael Malley, MLA for Miramichi-Bay du Vin, 18.

Request for Proposals, TransCanada Highway Project for the Design, Construction,Financing, Operation, Maintenance and Rehabilitation of Route 2 between theQuébec Border and Longs Creek and Route 95, 191.

Strategies for Faculty Renewal in the Maritimes - October 2003, 119.Trans Canada Highway Project, Request for Qualifications for the Design,

Construction, Financing, Operation, Maintenance & Rehabilitation of a four-lanehighway between Saint-Léonard and Longs Creek, 108.

Workplace Health, Safety and Compensation Commission - Report to Stakeholders2002, 75.

Workplace Health, Safety and Compensation Commission - Worker’sCompensation: A guide for New Brunswick Workers, 75.

Anthem, national,Sung in Mi’kmaq to commemorate National Aboriginal Day, 288.

BBills Introduced:

Public Bills,

Government Bills [passed]Administrative Matters in Various Corporate Acts,An Act Respecting, Bill 20. Read first time, 68; read second time, 90; Committee ofWhole and agreed to, 202; read third time, 204. R.A., 253.

Assessment Act,An Act to Amend the, Bill 35. Read first time, 121; motion for second reading debatedand carried, read second time, 163; Committee of Whole and agreed to, 202; readthird time, 204. R.A., 254.

Appropriations Act 2004-2005,Bill 82. Read first time, 311; unanimous consent for second reading forthwith, 311;motion for second reading debated and carried on division, 311; read second time,312; Committee of Whole and agreed to, 312; unanimous consent for third readingforthwith, read third time, 312. R.A., 319.

Bulk Sales Act,An Act to Repeal the, Bill 36. Read first time, 121; motion for second reading debatedand carried, read second time, 163; Committee of Whole and agreed to, 267; readthird time, 269. R.A., 318.

Clean Water Act,An Act to Amend the, Bill 33. Read first time, 121; motion for second reading debatedand carried, read second time, 162; Committee of Whole and progress reported,244; Committee of Whole and agreed to, 304; motion for third reading debated andcarried, read third time, 307. R.A., 318.

Consumer Advocate for Insurance Act,Bill 79. Read first time, 306; unanimous consent for second reading forthwith, 312;motion for second reading debated and carried, read second time, 313; Committeeof Whole and agreed to, 316; unanimous consent for third reading forthwith, 316;read third time, 317. R.A., 319.

INDEX vii

Custody and Detention of Young Persons Act,An Act to Amend the, Bill 32. Read first time, 121; motion for second reading debatedand carried, read second time, 162; Committee of Whole and progress reported,203; Committee of Whole and agreed to, 244; read third time, 246. R.A., 254.

Education Act,An Act to Amend the, Bill 22. Read first time, 68; motion for second reading debatedand carried, read second time, 95; Committee of Whole and agreed to, 304; readthird time 307. R.A., 318.

Employment Standards Act,An Act to Amend the, Bill 8. Read first time, 68; motion for second reading debatedand carried, read second time, 79; Committee of Whole and agreed to as amended,106; read third time, 110. R.A., 111.

Employment Standards Act,An Act to Amend the, Bill 31. Read first time, 121; motion for second reading debatedand carried, read second time, 162; Committee of Whole and agreed to as amended,202; read third time, 204. R.A., 254.

Executive Council Act,An Act to Amend the, Bill 23. Read first time, 68; read second time, 95; Committee ofWhole and agreed to, 267; read third time, 269. R.A., 318.

Executive Council Act,An Act to Amend the, Bill 71. Read first time, 293; read second time, 298; Committeeof Whole and agreed to, 304; read third time, 308. R.A., 319.

Family Services Act,An Act to Amend the, Bill 21. Read first time, 68; motion for second reading debatedand carried, read second time, 90; Committee of Whole and agreed to, 267; readthird time, 269. R.A., 318.

Fines for Provincial Offences,An Act Respecting the, Bill 69. Read first time, 293; read second time, 298; Committeeof Whole and agreed to, 304; motion for third reading debated and carried, readthird time, 308. R.A., 319.

Fish and Wildlife Act,An Act to Amend the, Bill 34. Read first time, 121; motion for second reading debatedand carried, read second time, 162; Committee of Whole and agreed to, 244; readthird time, 246. R.A., 254.

Gasoline and Motive Fuel Tax Act,An Act to Amend the, Bill 11. Read first time, 68; motion for second reading debatedand carried, read second time, 88; Committee of Whole and agreed to, 106; readthird time, 111. R.A., 111.

Human Tissue Gift Act,Bill 37. Read first time, 159; motion for second reading debated and carried, readsecond time, 166; Committee of Whole and agreed to, 285; read third time, 289. R.A., 318.

Insurance Act,An Act to Amend the, Bill 1. Read first time, 16; motion for second reading debatedand adjourned, 33; debate resumed, question put, motion carried, read second time,38; Committee of Whole and agreed to, 51; motion for third reading debated andcarried, read third time, 57. R.A., 58. [Pro Forma Bill]

viii INDEX

Insurance Act,An Act to Amend the, Bill 78. Read first time, 306; unanimous consent for secondreading forthwith, 312; motion for second reading debated, 312, 313; motioncarried, read second time, 313; Committee of Whole and agreed to, 316; unanimousconsent for third reading forthwith, 316; motion for third reading debated andcarried on division, 316; read third time, 317. R.A., 319.

Legal Aid Act,An Act to Amend the, Bill 81. Read first time, 306; motion for second reading debatedand carried, 315; unanimous consent for Committee of Whole considerationforthwith; Committee of Whole and agreed to, 316; unanimous consent for thirdreading forthwith, 316; read third time, 317. R.A., 319.

Loan Act 2004,Bill 66. Read first time, 293; motion for second reading debated and carried, readsecond time, 297; Committee of Whole and agreed to, 304; read third time, 308. R.A., 319.

Medical Services Payment Act,An Act to Amend the, Bill 30. Read first time, 121; motion for second reading debatedand carried, read second time, 160; Committee of Whole and agreed to, 221; readthird time, 222. R.A., 254.

Mental Health Act,An Act to Amend the, Bill 14. Read first time, 68; read second time, 89; Committee ofWhole and agreed to, 221; read third time, 222. R.A., 253.

Mental Health Act,An Act to Amend the, Bill 29. Read first time, 121; motion for second reading debatedand carried, read second time, 160; Committee of Whole and agreed to, 221; readthird time, 222. R.A., 254.

Mental Health and Public Health Services,An Act Respecting, Bill 13. Read first time, 68; motion for second reading debatedand carried, read second time, 89; Committee of Whole and agreed to, 285; readthird time, 289. R.A., 318.

Motor Vehicle Act,An Act to Amend the, Bill 72. Read first time, 293; motion for second reading debatedand carried, read second time, 298; Committee of Whole and agreed to, 304; readthird time, 308. R.A., 319.

Motor Vehicle Act,An Act to Amend the, Bill 80. Read first time, 306; unanimous consent for secondreading forthwith, 312; motion for second reading debated and carried, read secondtime, 313; Committee of Whole and agreed to, 316; unanimous consent for thirdreading forthwith, 316; read third time, 317. R.A., 319.

Municipal Assistance Act,An Act to Amend the, Bill 9. Read first time, 68; motion for second reading debatedand adjourned, 81, 84; debate ended, question put, motion carried on division, readsecond time, 87; Committee of Whole and motion to report the Bill as agreed tocarried on division, 106; motion for third reading carried on division, read thirdtime, 111. R.A., 111.

Municipal Elections Act,An Act to Amend the, Bill 28. Read first time, 121; motion for second reading debatedand carried, read second time, referred to Committee of Whole during the samesitting, 160; Committee of Whole and progress reported, 163; Committee the wholeand agreed to as amended, 172; read third time, 173. R.A., 174.

INDEX ix

Municipalities Act,An Act to Amend the, Bill 43. Read first time, 187; motion for second reading debatedand carried, read second time, 192; referred to Committee of Whole for considerationforthwith, Committee of Whole and agreed to, 193; read third time, 195. R.A., 199.

New Brunswick Income Tax Act,An Act to Amend the, Bill 68. Read first time, 293; read second time, 298; Committeeof Whole and agreed to, 304; motion for third reading debated and carried, readthird time, 308. R.A., 319.

Occupational Health and Safety Act,An Act to Amend An Act to Amend the, Bill 15. Read first time, 68; motion for secondreading debated and carried, read second time, 89; Committee of Whole and agreedto, 243; read third time, 246. R.A., 253.

Occupational Health and Safety Act,An Act to Amend An Act to Amend the, Bill 58. Read first time, 269; motion for secondreading debated and carried, read second time, 273; Committee of Whole andagreed to, 285; read third time, 289. R.A., 318.

Order of New Brunswick Act,An Act to Amend the, Bill 19. Read first time, 68; read second time, 90; Committee ofWhole and agreed to, 243; read third time, 246. R.A., 253.

Personal Property Security Act,An Act to Amend the, Bill 74. Read first time, 293; read second time, 298; Committeeof Whole and agreed to, 305; read third time, 308. R.A., 319.

Provincial Court Act,An Act to Amend the, Bill 16. Read first time, 68; motion for second reading debatedand carried, read second time, 89; Committee of Whole and agreed to as amended,267; read third time, 269. R.A., 318.

Provincial Court Act,An Act to Amend the, Bill 70. Read first time, 293; read second time, 298; Committeeof Whole and agreed to, 304; read third time, 308. R.A., 319.

Public Service Superannuation Act,An Act to Amend the, Bill 73. Read first time, 293; read second time, 298; Committeeof Whole and agreed to, 305; read third time, 308. R.A., 319.

Quarriable Substances Act,An Act to Amend the, Bill 45. Read first time, 187; motion for second reading debatedand carried, read second time, 193; Committee of Whole and agreed to, 244; readthird time, 246. R.A., 254.

Real Property Tax Act,An Act to Amend the, Bill 67. Read first time, 293; motion for second reading debatedand carried, read second time, 297; Committee of Whole and agreed to, 304; readthird time, 308. R.A., 319.

Real Property Tax on University Property,An Act Respecting the, Bill 10. Read first time, 68; motion for second reading debatedand carried, read second time, 88; Committee of Whole and agreed to, 106; readthird time, 111. R.A., 111.

Securities Act,Bill 44. Read first time, 187; motion for second reading debated and carried, readsecond time, 192; Committee of Whole and agreed to, 255; read third time, 259. R.A., 261.

x INDEX

Smoke-free Places Act,Bill 75. Read first time, 296; motion for second reading debated and carried, readsecond time, 302; Committee of Whole and agreed to, 305; read third time, 308. R.A., 319.

Special Appropriation Act 2004,Bill 65. Read first time, 293; motion for second reading debated and carried, readsecond time, 297; Committee of Whole and agreed to, 304; read third time, 308. R.A., 319.

Sunday Shopping,An Act Respecting, Bill 38. Read first time, 159; motion for second reading debatedand carried, read second time, 166; Committee of Whole and agreed to, 304; motionfor third reading debated and carried, read third time, 307. R.A., 318.

Supplementary Appropriations Act 2002-03 (2),Bill 47. Read first time, 191; motion for second reading debated and carried, readsecond time, 195; Committee of Whole and agreed to, 244; read third time, 246. R.A., 254.

Supplementary Appropriations Act 2003-2004 (1),Bill 27. Read first time, 104; read second time, 112; Committee of Whole and agreedto, 243; read third time, 246. R.A., 253.

Tobacco Tax Act,An Act to Amend the, Bill 12. Read first time, 68; read second time, 88; Committee ofWhole and agreed to, 106; read third time, 111. R.A., 111.

Government Bills [Not passed]Crown Lands and Forest Act,An Act to Amend the, Bill 17. Read first time, 68; motion for second reading debatedand adjourned, 89.

Fish and Wildlife Act,An Act to Amend the, Bill 18. Read first time, 68; motion for second reading debatedand adjourned, 89.

Private Bills [Passed]Embalmers, Funeral Directors and Funeral Providers Act,Bill 62. Read first time and referred to the Standing Committee on Private Bills, 281;reported favourably, 292; read second time, 296; read third time, 297. R.A., 318.

Firecrest Hambro Trust Corporation Canada Limited,An Act to Incorporate, Bill 48. Read first time and referred to the Standing Committeeon Private Bills, 200; Committee reported progress, 232; reported favourably, 262;read second time, 266; read third time, 266. R.A., 318.

New Brunswick Association of Medical Radiation Technologists,An Act to Incorporate the, Bill 40. Read first time and referred to the StandingCommittee on Private Bills, 164; reported favourably as amended, 210; read secondtime, 213; read third time, 213. R.A., 254.

New Brunswick Institute of Agrologists,An Act to Incorporate the, Bill 41. Read first time and referred to the StandingCommittee on Private Bills, 170; reported favourably, 210; read second time, 213;read third time, 213. R.A., 254.

New Brunswick Society of Cardiology Technologists,An Act Respecting the, Bill 54. Read first time and referred to the Standing Committeeon Private Bills, 254; reported favourably with amendments, 262; read second time,266; read third time, 266. R.A., 318.

INDEX xi

Optometry, ActBill 57. Read first time and referred to the Standing Committee on Private Bills, 257;reported favourably with amendments, 292; read second time, 296; read third time,297. R.A., 318.

Pension Plan for Employees of the City of Moncton Act,An Act to Amend the, Bill 49. Read first time and referred to the Standing Committeeon Private Bills, 200; reported favourably, 232; read second time, 241; read thirdtime, 241. R.A., 254.

Private Members’ Public Bills [passed]Child and Youth Advocate Act,Bill 46. Read first time, 191; motion for second reading debated and carried, readsecond time, 195; Committee of Whole and agreed to as amended, 317; unanimousconsent for third reading forthwith, 317; third reading, 317. R.A., 318.

Human Rights Act,An Act to Amend the, Bill 24. Read first time, 68; motion for second reading debatedand carried, read second time, 96; Committee of Whole and agreed to as amended,317; unanimous consent for third reading forthwith, 317; third reading, 317. R.A.,318.

Private Members’ Public Bills [Not Passed]Auditor General Act,An Act to Amend the, Bill 42. Read first time, 187; motion for second reading debated,and negatived on division, 192.

Construction Labour Mobility Act,Bill 3. Read first time, 35; motion for second reading debated and adjourned ondivision, 42.

Coroners Act,An Act to Amend the, Bill 61. Read first time, 277; motion for second reading debatedand adjourned on division, 281.

Electricity Act,An Act to Amend the, Bill 4. Read first time, 35; motion for second reading debated,amendment proposed to discharge and refer subject matter to Standing Committeeon Law Amendments, debated, 43; question put, House divided equally on division,27 yeas, 27 nays; Speaker cast deciding vote, amendment negatived on division, 44;debate on second reading adjourned on division, 44.

Family Services Act,An Act to Amend the, Bill 53. Read first time, 240; motion for second reading debatedand carried, read second time, 247.

Fiscal Transparency Act,Bill 39. Read first time, 164; motion for second reading debated and negatived ondivision, 171.

Income Tax Act,An Act to Amend the, Bill 76. Read first time, 296; motion for second reading debatedand adjourned, 302.

Insurance Act,An Act to Amend the, Bill 7. Read first time, 39; motion for second reading debatedand adjourned on division, 49.

xii INDEX

Legislative Assembly Act,An Act to Amend the, Bill 25. Read first time, 94; motion for second reading debatedand adjourned over on division, 100.

Legislative Assembly Act,An Act to Amend the, Bill 56. Read first time, 254; motion for second reading debatedand carried, read second time, 259.

Liquor Control Act,An Act to Amend the, Bill 59. Read first time, 269; motion for second reading debatedand adjourned, 273.

Pay Equity Act,Bill 77. Read first time, 301; motion for second reading debated, 308; amendmentto discharge and refer subject matter to Standing Committee on Law Amendmentsdebated and carried, 308.

Public Trustee Act,Bill 50. Read first time, 216; motion for second reading debated and carried, readsecond time, 218.

Public Utilities Act,An Act to Amend the, Bill 6. Read first time, 39; motion for second reading debatedand adjourned, 49.

Regional Health Authorities Act,An Act to Amend the, Bill 26. Read first time, 94; motion for second reading debatedand adjourned on division, 101.

Regional Health Authorities Act,An Act Respecting the, Bill 52. Read first time, 240; motion for second reading debated,246; question put, motion negatived, 247.

Restricted Dogs Act,Bill 55. Read first time, 254; motion for second reading debated, 259; amendmentto discharge and refer subject matter to Standing Committee on Law Amendmentsdebated and carried, 259.

Victims of Family Violence Act,Bill 51. Read first time, 236; motion for second reading debated and adjourned ondivision, 241.

Volunteer Protection Act,Bill 2. Read first time, 20; unanimous consent to defer second reading, 34; motionfor second reading debated, amendment to discharge and refer subject matter tothe Standing Committee on Law Amendments debated and carried, 36.

Workers’ Compensation Act,An Act to Amend the, Bill 5. Read first time, 39; motion for second reading debated,amendment to discharge and refer subject matter to Standing Committee on LawAmendments debated and carried, 48.

Workers’ Compensation Act,An Act to Amend the, Bill 63. Read first time, 285; motion for second reading debatedand adjourned on division, 289.

INDEX xiii

Workers’ Compensation Act,An Act to Amend the, Bill 64. Read first time, 285; motion for second reading debatedand adjourned on division, 290.

Youth Assistance Act,An Act to Amend the, Bill 60. Read first time, 271; motion for second reading debatedand adjourned on division, 277.

Budget,Motion that House approve capital budget (Motion 46),Notice of, 72; unanimous consent to move motion, 95; motion moved, debated,question put, motion carried, 96.

Motion that House approve budget (Main Estimates) (Motion 65),Notice of, 99; motion moved, 117; debated, 117, 123, 166, 172, 174, 175, 177; question

put, motion carried on division, 177.

By-ElectionShediac—Cap-Pelé, returns for October 4, 2004, tabled, 321.

CClerk of the Legislative Assembly,Announced,

Assent, 58, 254, 261.Prorogation, 363.

Advised House,Of her duty to preside over the election of Speaker; that only one candidate had

declared intention to run for Speakership, 2; of agreement to dispense withrequirement of Standing Rule 11(8)(1), 2.

Declared Bev Harrison elected Speaker, 2.

Clerk Assistant,Announced Assent, 111, 174, 199, 319.Read titles of Bills to be assented to, 58, 111, 174, 199, 253, 261, 318.

Clerk Assistant and Committee Clerk,Shayne Davies appointed, 52.

Committees (Select)Select Committee on Education,

Appointed, 30.

Select Committee on Health Care,Appointed, 31.

Select Committee on Wood Supply,Appointed, 32; Final Report, 321.

Select Committee on Public Automobile Insurance,Appointed, 40; membership amended, 83; empowered to sit concurrently with

the House, 86; Speaker took under advisement a motion referring leak of draftreport to Standing Committee on Privileges, 124; Final Report, 125; Speakerruled that there was a prima facie case of breach of privilege; motion moved andcarried, 161.

xiv INDEX

Committees (Standing),Crown Corporations,

Appointed, 29; membership amended, 83.

Law Amendments,Appointed, 29; Bill 2, Volunteer Protection Act referred, 36; Bill 55, Restricted Dogs

Act referred, 259; Bill 77, Pay Equity Act referred, 308.

Legislative Administration,Appointed, 29; membership amended, 83, 184.

Ombudsman,Appointed, 29.

Private Bills,Appointed, 29; First Report, 210; Second Report, 232; Third Report, 262; Fourth

Report, 292.

Privileges,Appointed, 29, motion referring matter of leaking of Select Committee on Public

Automobile Insurance draft report referred, 161.

Procedure,Membership appointed, 29; motion referring creation of a Standing Committeeon Education referred, 30; motion referring creation of a Standing Committee onHealth Care referred, 32; First Report, 60; membership amended, 83.Motion 48, THAT the recommendations contained in the First Report be concurred

in by the House debated, amendment proposed to add after the word“Procedure” “, except for any and all recommendations amending StandingRule 81”, debated, 73; amendment carried; amended motion carried, 116.

Public Accounts,Appointed, 29; membership amended, 83.

Committee of Supply,House resolved into a Committee of Supply to consider Supplementary Estimates

2001-2002 Volume I or Supplementary Estimates 2000-2001 Volume IV, 96, 97,101, 105, 113.

House resolved itself into a Committee of Supply to be granted to Her Majestyforthwith, 178.

House resolved itself into a Committee of Supply to consider Main Estimates, 185,190, 193, 196, 198, 204, 207, 209, 211, 215, 216, 222, 226, 229, 230, 235, 236, 247, 251,255, 259, 263, 267, 270, 273, 276, 278, 282, 285, 290, 294, 298, 302, 309.

Mr. S. Graham moved THAT the Committee, when it reports on the estimates ofthe Department of Health & Wellness, urge the Government to delay any andall bed cuts until such time as it has presented a long-term care strategy to theHouse, and the aforementioned long-term care strategy has been implementedin New Brunswick, 273; point of order raised regarding admissibility of motion,Chairman took matter under consideration, 273; Chairman ruled motion for asubstantive recommendation went beyond the scope of the order of referencefor the Committee which was to agree to, reduce or negative the Estimates, 274;Mr. Lamrock requested the Chairman’s ruling be appealed to Speaker, 274;Speaker took Chair, Committee reported, Mr. Lamrock submitted arguments,275; Speaker sustained decision of Chair, 275.

INDEX xv

Motion THAT there be granted to Her Majesty a sum not exceeding $1,609,634,000to defray the expenses of the Ordinary Account program allocations, for theDepartment of Health and Wellness for the fiscal year ending the 31st of March,2005, question put, motion carried on division, 309.

Committee of the Whole,House resolved itself into a Committee of the Whole to consider legislation, 51, 106,

163, 172, 193, 202, 221, 243, 255, 267, 285, 304, 312, 315, 317.

DDeputy Speakers (Chairman of Committees of the Whole House),

In House,Appointed, 17.Ruled Mr. Allaby’s point re Minister of Public Safety limiting comments to the

principle of the Bill under consideration well taken, 33.Cautioned that debate at second reading be confined to the principle of the Bill re

Hon. P. Robichaud’s point of order, 37, 38, 84.Ruled Mr. Richard’s point re Minister of Business New Brunswick using props well

taken, 38.Ruled Mr. Richard’s point of order that the Minister of Finance refer to the Leader

of the Opposition by his correct title well taken, 46.Ruled Mr. MacIntyre’s point of order that the comments of the Minister of

Intergovernmental and International Relations were not related to the motionunder consideration well taken, 50.

Cautioned Members to limit comments in debate to the relevant motion, 50.Ruled Mr. Allaby’s point of order that the Minister of Business New Brunswick

refrain from noting the presence or absence of Members well taken, 57.Ruled that the issue of a woman chaining herself to the Legislature earlier during

the day was not a point of order but a concern and informed House of Speaker’sresponsibility for security within the precincts; Speaker to express his concernsand those of the Assembly regarding the appropriate course of action that shouldbe taken to resolve the matter, re point of order of Ms. Weir; 80.

Ruled that Hon. Mr. Green’s point of order that the Member for Saint JohnChamplain should direct his comments through the chair well taken, 80.

Cautioned Members against making personal attacks re Hon. Ms. Fowlie’s pointof order that the Member for Moncton North was referring to a Minister in anunparliamentary manner, 80.

Ruled that Hon. Mr. Steeves’ point of order that the Member for Saint JohnLancaster was inappropriately referring to a Member by name and not byconstituency well taken, 84.

Ruled Hon. Mr. Green’s point of order that it was improper for the Member forNepisiguit to use props in the House well taken, 88.

Ruled that Mr. Stiles’ point of order that the Member for Nepisiguit was imputingfalse or unavowed motives to the Minister of Transportation involved a disputeover facts and the role of the Speaker is not to resolve disputes of fact, 88.

Ruled that Mr. Steeves’ point of order that Mr. Jamieson was referring to thePremier by name well taken, 167.

Cautioned Mr. MacDonald to keep his remarks relevant to the principle of the Billunder discussion; interrupted debate on two more occasions with the samecaution and recites Standing Rule 18 which empowers the Speaker or Chairman

xvi INDEX

to direct that a Member discontinue speaking if the Member persists in irrelevantor tedious repetition of arguments; interrupted Mr. MacDonald and recognizesHon. Mr. Volpé, 171.

Ruled that Mr. Burke’s point order that the Member of Dieppe-Memramcook wasreferring to people outside the House well taken, 176.

Informed House that the motion proposed by Mr. Lamrock, that the Speaker besuspended until the Committee of Privileges investigated the allegation that theSpeaker had breached the privileges of the House, would be dealt with in twohours, 207; ruled that parliamentary authorities are clear—that the actions of theSpeaker are not to be criticized in debate, or by any other means, except by wayof substantive motion, and that raising questions concerning the Speaker bymeans of a question of privilege is not in order, 208.

Interrupted proceedings calling for order and referring Members to Standing Rule20(1), 214.

Cautioned Members to refrain from referring to the absence or presence ofMembers in the House, 219.

Cautioned Members against the use of unparliamentary language re Mr. Lamrock’spoint of order, 234.

Cautioned Members against the use of unparliamentary language re Hon. P.Robichaud’s point of order, 235.

Ruled Hon. P. Robichaud’s point or order that the Member for Caraquet had used theterm “liar” well taken and requested the Member withdraw the comment, 246.

Ruled Mr. Allaby’s point of order that the amendment to Motion 9 was not in ordernot well taken, 250.

In Committee of Whole,Advised he will review transcript and report back to Committee re Mr. Carr’s point

of order that the Member for Fredericton North had made unparliamentaryremarks, 51.

In Committee of Supply,Reminded Members that latitude is granted all Members posing questions in Committee

of Supply, re Hon. E. Robichaud’s point of order that questions by Leader of theOpposition were not related to the estimates under consideration, 97.

Stated that traditionally during Committee of Supply there are no limits on thenumber of questions that can be asked nor the length of responses as long as thedebate is relevant to the discussion and not repetitious, cautions Members toabide by these principles and ruled that there had been repetition and that thesame question had been asked of the Minister on several occasions re Hon. Mr.Lord’s point of order that the questions were repetitious and not relevant to thedebate, 97.

Ruled re Hon. P. Robichaud’s point of order raised the previous day that theMember for Moncton North had used disrespectful language when referring tothe Minister of Transportation and that the Member withdraw his comment; theMember complied, 236.

Ruled re Hon. Mr. Green’s point of order re the motion moved by Mr. S. Grahamin Committee of Supply for a substantive recommendation to the House is outof order, that motion is out of order as substantive recommendations go beyondthe scope of the order of reference of the Committee, which is to agree to, reduceor negative the Estimates, 274; Mr. Lamrock requested that Chairman’s rulingbe appealed to Speaker, 274; Speaker took Chair, Committee reported,Mr. Lamrock submitted arguments, 275; Speaker sustains decision of Chair, 275.

INDEX xvii

Documents Tabled,By Mr. Speaker,Pursuant to the provisions of the Elections Act, Election Returns of Votes Polled in

the Several Electoral Districts of the province in the general election held June 9,2003, 8.

Auditor’s Report on the Accounts of the Auditor General of the Province of New Brunswickfor the fiscal year ended 31 March 2003, 67.

Annual Report 2003-2004 of the Conflict of Interest Commissioner, 257.

Return of votes polled in the electoral district of Shediac—Cap-Pelé in the by-election held October 4, 2004, 321.

By Hon. Mr. Fitch,Point Lepreau Refurbishment Review, Dr. Robin Jeffrey, April 2004, 184.Letter dated May 22, 2004 addressed to Hon. Mr. Fitch from David D. Hay, president

and CEO of NB Power, 240.

By Hon. Mr. Green,“Input of Proposed Tort Reform on Private Passenger Automobile Rates in New

Brunswick, July 28, 2003,” 20.New Brunswick Automobile Insurance Review Report. Prepared for the New Brunswick

Office of the Attorney General, June 25, 2004. Prepared byPricewaterhouseCoopers LLP, 306.

Report to the Office of the Attorney General for the Province of New Brunswick on theReview of the Final Report of the Select Committee on Public Automobile Insurance.Prepared by: Brian G. Pelly, Fellow, Canadian Institute of Actuaries, EcklerPartners Ltd., 306.

By Hon. E. Robichaud,Healthy Futures: Securing New Brunswick’s Health Care System, The Provincial

Health Plan, 2004-2008, 263.

By Hon. P. Robichaud,“Trans Canada Highway Project, Request for Qualifications for the Design,

Construction, Financing, Operation, Maintenance & Rehabilitation of a four-lanehighway between Saint-Léonard and Longs Creek,” 108.

Request for Proposals, Trans-Canada Highway Project, for the Design, Construction,Financing, Operation, Maintenance, and Rehabilitation of Route 2, between QuebecBorder and Longs Creek, and Route 95, 191.

By Hon. Mr. Volpé,“Budget Paper, Accounting for Tangible Capital Assets,” 95.Chapter Two of the Report of the Auditor General, 2001, entitled “Indicators of the

Province’s Financial Condition” as well as a document entitled “Response toerroneous information about U.S. $500 Million bond issue,” 109.

Main Estimates for the fiscal year ending March 31, 2005, 117.Government of New Brunswick Workforce Profile, 117.

EElection of Speaker,

Lieutenant-Governor advised Members to proceed to choose Speaker, 2.Clerk declared Bev Harrison elected Speaker, 2.Speaker returned humble acknowledgments to Assembly, 3.Speaker presented himself for approval, 5.

xviii INDEX

Election Returns,Returns of the general election held June 9, 2003, 8.Returns (By-election) of votes polled in the electoral district of Shediac—Cap-Pelé

held October 4, 2004, 321.

Estimates,Supplementary Estimates 2002-2003 Volume II, tabled, 94; referred to Committee

of Supply, 94.Considered in Committee of Supply, 113.Supplementary Estimates 2003-2004 Volume I, tabled, 94; referred to Committee

of Supply, 94.Considered in Committee of Supply, 102.Capital Estimates 2004-2005, tabled, 95; referred to Committee of Supply, 97.Considered in Committee of Supply, 105.Main Estimates for the fiscal year ending March 31, 2005, tabled, 117; referred to

Committee of Supply, 117.Considered in Committee of Supply, 185, 190, 193, 196, 198, 204, 207, 209, 211, 215,

216, 222, 226, 229, 230, 235, 236, 247, 251, 255, 259, 263, 267, 270, 273, 276, 279, 282,285, 290, 294, 298, 302, 309.

IIntroduction of Guests, 19, 48, 82, 85, 93, 101, 194, 199, 204, 213, 218, 224, 228, 242,

253, 257, 262, 267, 271, 296, 298, 301, 321.

LLieutenant-Governor,Signified Royal Assent to Bills, 58, 111, 174, 199, 254, 261.Signified Royal Assent to Supplementary Appropriations Act 2003-2004 (1), (Bill 27), 253.Signified Royal Assent to Appropriations Act 2004-2005, (Bill 82), 319.Took Chair, 57, 111, 173, 199, 253, 261.Vacated Chair, 58, 112, 174, 199, 254, 261, 363.Prorogation, 362.

MMember, new, introduced, 321.

Messages from Lieutenant-Governor,Transmitting Supplementary Estimates 2002-2003, Volume II, 94.Transmitting Supplementary Estimates 2003-2004 Volume I, 94.Transmitting Capital Estimates 2004-2005, 95.Transmitting Main Estimates 2004-2005, 117.Transmitting Bill 65, Special Appropriation Act 2004, 293.

Motions (Government) for Ordering of the Business of the House,Ordering of the Business of the House, 33, 36, 42, 48, 56, 79, 83, 86, 95, 96, 99, 105,

110, 112, 160, 166, 170, 173, 175, 177, 178, 180, 184, 187, 191, 195, 198, 200, 204, 206,211, 213, 216, 218, 222, 224, 229, 233, 236, 241, 246, 249, 254, 258, 263, 265, 269, 272,277, 281, 285, 289, 293, 296, 302, 307, 315, 317.

INDEX xix

Motions,That the returns be entered in the Journal, 8, 321.That the speech of Her Honour the Lieutenant-Governor be forthwith taken into

consideration, 16.That Cy Richard LeBlanc and Trevor Holder be appointed Deputy Speakers, 17.To appoint certain committees, 29, 30, 31, 32, 40.That the Address in Reply be engrossed, signed by Mr. Speaker, and presented to

Her Honour by a Committee, 47.That Hon. Mr. Lord, Mr. Carr and Mr. Williams be the Committee to wait upon Her

Honour with the Address and present the same, 47.Fixing the time of adjournment or sitting of the House, 42, 47, 58, 79, 122, 258, 272,

289, 302, 318.That the Select Committee on Wood Supply sit concurrently with the House, 86.That the Supplementary Estimates 2002-2003, Volume II, and the Supplementary

Estimates 2003-2004 Volume I, be referred to the Committee of Supply, 94.That the Supply be granted to Her Majesty, 96, 178.That the House does concur with the Committee of Supply in its report and agrees

in its resolution that Supply be granted to Her Majesty, 96, 178.That consideration of Estimates in Committee of Supply be added to the Orders of

the Day until such time as they are dispatched, 97, 178That the portion of the speech of Her Honour the Lieutenant-Governor referring

to Public Accounts, Estimates and Expenditures be referred to the Committee ofSupply, 117; that consideration of the motion on the budgetary policy of thegovernment be resumed on Thursday next and added to the Orders of the Dayuntil such time as it is dispatched, 118.

That the Legislative Assembly delegate to the Legislative Administration Committeeits authority under the Act with respect to amounts, indemnities, allowances andsalaries and with respect to the amendment of Schedule A, 122; notice dispensed,question put, motion carried, 122.

That the matter of the leaking of the draft report of the Select Committee on PublicAutomobile Insurance be referred to the Standing Committee on Privileges, 161.

That this House does concur with the Committee of Supply in its report and agreesin its resolution that Supply be granted to Her Majesty, 178.

That consideration of Main Estimates 2004-2005 in Committee of Supply be addedto the Orders of the Day until such time as they are dispatched, 178.

That the membership of certain committees be amended, 184.That the First Report of the Standing Committee on Private Bills be concurred in,

211; Second Report, 232; Third Report, 263; Fourth Report, 292.That the House sit past the ordinary hour of adjournment to continue consideration

of the estimates of the Department of Education, 217; Speaker put the questionand pursuant to Standing Rule 34(20, five Members having risen in their place,the motion was deemed to have been withdrawn, 217.

In Committee of Supply, that the Committee when it reports the estimates of theDepartment of Health and Wellness, urge the government to delay all bed cutsuntil a long-term strategy has been implemented, 273; Chairman ruled motionout of order, 274; ruling appealed to Speaker, 275; Speaker upheld ruling ofChairman, 276.

That the report of the Committee of Supply for the estimates of the Departmentof Health and Wellness be concurred in by the House, carried on division, 310.

xx INDEX

Motions, Notices of,No. 1 by Mr. S. Graham that the Minister of Finance bring forward a revised

economic outlook for New Brunswick and an updated budget forecastwithin two weeks for the 2003-2004 fiscal year, 20; motion moved, debatedand adjourned over, 46; motion withdrawn, 173.

No. 2 by Mr. S. Graham that the government immediately establish aCommission on Insurance to study the automobile insurance system,including the feasibility of a public insurance system that would report tothe Legislative Assembly within 60 days; and that this Commission reviewother options to improve the protection of New Brunswick consumers inthe area of vehicle, property and public liability insurance, 21; motionwithdrawn, 173.

No. 3 Mr. S. Graham that the Legislative Assembly endorse the addition of“Accountability” as the sixth principle of the Canada Health Act andencourage other governments to support the addition of this sixthprinciple, 21; motion moved, 187; debated, amendment moved, debated,sub-amendment moved, 188; debated, sub-amendment negatived,amendment carried, debate resumed on amended motion, 189; questionput, amended motion carried, 190.

No. 4 by Mr. S. Graham that with regard to nursing home care, that thegovernment review the exemptions allowable to the home-based spouseso as not to force liquidation of assets, 22; motion moved, 200; debated,question put, motion negatived on division, 201.

No. 5 by Mr. S. Graham asking the government to examine the feasibility ofmaking an adjustment to the ceiling in the coming year to reflect the aboveindex of inflation in the intervening years; and to consider adopting apolicy that would automatically adjust the ceilings for the provincialPrescription Drug Program based on an appropriate index of inflation toprevent bracket creep from imposing hardship on seniors, 22; motionmoved, 206; debated, question put, motion negatived, 207.

No. 6 by Mr. S. Graham that the government pursue the establishment of anortheastern New Brunswick economic development strategy, incooperation with the Government of Canada, to develop the region’seconomy, 23; motion moved, 213; debated, amendment moved, debated,214; question put, amendment carried, question put, amended motioncarried, 215.

No. 7 by Mr. S. Graham urging the Minister of Education to improve ratios inkindergarten to grade three by reducing average class size by one studentper year over four years and to improve the student/teacher ratio ofresource teachers to students in each school district, 24; motion moved,debated, amendment moved, debated, question put, amendment carried,question put, 225; amended motion carried, 226.

No. 8 by Mr. S. Graham that the government implement the recommendationsof A Framework for an Integrated Service Delivery System for Persons withAutism in New Brunswick forthwith and immediately, 24; motion moved,debated, amendment proposed, 233; point of order that the amendmentwas not in order ruled not well taken, amendment debated, question put,amendment carried, 234; question put, 234; amended motion carried, 235.

INDEX xxi

No. 9 by Mr. S. Graham that the government amend the Pay Equity Act to applyto all parts of the public service and pursue an objective of ensuring thatthe Pay Equity Act applies to the private sector, 24; motion moved, debated,amendment moved, point of order that the amendment was not in orderruled not well taken, amendment debated, question put, amendmentcarried on division, 249; question put on amended motion, amendedmotion carried, 251.

No. 10 by Mr. S. Graham re tabling the first quarter report on the budget for 2003-2004 prepared by the Department of Finance, 25; documents filed, 58;motion withdrawn, 218.

No. 11 by Mr. S. Graham re tabling all resource materials, notes, printouts andany materials used in the compilation of the actuarial report prepared byClaudette Cantin and Jacqueline Friedland, 25; documents filed, 103;motion withdrawn, 173.

No. 12 by Mr. S. Graham re tabling the number of policy holders leaving theFacilities Association since the revision of the automobile insuranceunderwriting guidelines (Reg. 2003-15) that came into effect on May 1st,2003, 25; documents filed, 76; motion withdrawn, 173.

No. 13 by Mr. Carr that the Legislative Assembly encourage the government tocontinue to deliver better health care to the people of New Brunswick, 25;motion moved, debated, amendment moved, debated, question put,amendment negatived, question put, motion carried, 196. [GovernmentMotion]

No. 14 by Mr. Allaby re tabling the county project allocations to eachTransportation District for the current fiscal year, 26; documents filed, 76;motion withdrawn, 218.

No. 15 by Mr. Williams that the Legislative Assembly show its support for betterhealth care in New Brunswick by asking the federal government toincrease funding by $2 billion in 2003-04, $3 billion in 2004-05, and by 1%per year after that, until the federal share reaches 25% of provincial/territorial health and social expenditures, 26; motion moved, 218; debated,amendment moved, debated, 219; sub-amendment moved, debated,question put, sub-amendment carried, question put on amendedamendment, amended amendment carried, question put on amendedmotion, 220; amended motion carried, 221. [Government Motion]

No. 16 by Mr. Paulin re tabling all capital projects and county projects completedand in progress by the Department of Transportation for regions coveredby Madawaska, Restigouche and Gloucester Counties, known as District1 and 6, since June 21, 1999, including capital and county projects that theDepartment of Transportation plans to begin in 2003-2004, 27; documentsfiled, 76; motion withdrawn, 173.

No. 17 by Mr. Paulin re tabling the operating plans and operating budgets of theparks administered by the Department of Tourism and Parks and theDepartment of Natural Resources since June 21, 1999, 27; documents filed,76; motion withdrawn, 173.

No. 18 by Mr. Stiles that the government continue to deliver lower taxes in aprudent and reasonable manner for the people of New Brunswick, 27;motion moved, debated, amendment moved, 242; amendment debated,

xxii INDEX

question put, amendment negatived, question put on motion, motioncarried, 243. [Government Motion]

No. 19 by Mr. Targett re tabling all documents in regard to the land expropriatedfor the new four-lane highway from Longs Creek to Pokiok includingnames of property owners, area of lands purchased and amounts paid, 28.

No. 20 by Mr. Holder that the government of New Brunswick continue to deliverquality education to the people of New Brunswick, 28. [GovernmentMotion]

No. 21 by Mr. Murphy that the government remove Waleed Arif from Centracareand provide appropriate treatment for his condition, 28.

No. 22 by Hon. Mr. Green appointing the membership of certain standing andselect committees, notice dispensed, motion made, question put, motioncarried, 29. [Government Motion]

No. 23 by Hon. Mr. Green appointing a Select Committee on Education, noticedispensed, motion made, question put, motion carried, 30. [GovernmentMotion]

No. 24 by Hon. Mr. Green appointing a Select Committee on Health Care, 31;notice dispensed, motion made, question put, motion carried, 32.[Government Motion]

No. 25 by Hon. Mr. Green that this House appoint a Select Committee on WoodSupply, 32; notice dispensed, motion made, question put, motion carried,33; Final Report tabled, 321. [Government Motion]

No. 26 by Mr. Boudreau that the government direct the Department of Educationto hold seminars on how to deal with bullies in every school in the provinceevery school year, 35.

No. 27 by Mr. Targett that the government present to this House a comprehensiveplan and timeline for the implementation of the commitments of the lastelection campaign, 36.

No. 28 by Mr. Doucet re tabling documents regarding a proposed project forpower generation in the area of Belledune, 39; documents filed, 76; motionwithdrawn, 173.

No. 29 by Mr. Branch that the government abandon its plan to increase the baserate for rural property taxes to cover the entire cost of transportation andpolicing in unincorporated New Brunswick and abandon its plan to createrural municipal government with another layer of property tax, 40.

No. 30 by the Honourable the Premier that this House appoint a Select Committeeon Public Automobile Insurance, 40; question put, motion carried, 42.[Government Motion]

No. 31 by Mr. S. Graham that, if the New Brunswick automobile insurance rateshave not fallen by 20% by October 1, 2003, the House shall be convenedOctober 28, 2003, to implement a public automobile insurance plan, noticedispensed, 49, motion moved, debated, 50; debate ended, question put,motion negatived on division, 50.

No. 32 by Mr. Allaby re tabling the dollar amounts, dates awarded and completiondates for the Department of Transportation contracts listed and identifiedin a certain Schedule, 56; documents filed, 76; motion withdrawn, 173.

INDEX xxiii

No. 33 by Mr. Targett re tabling documents that concern private woodlots beinggiven “Primary Source of Supply” status, 56.

No. 34 by Mr. Allaby re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Transportation, 69.

No. 35 by Mr. S. Graham that the Government bring forward a balanced budgetfor the current 2003-2004 fiscal year and for the 2004-2005 fiscal year, 69.

No. 36 by Mr. S. Graham that the government commit to stable municipalfunding and the implementation of a new fiscal partnership with themunicipalities within the upcoming year, 70.

No. 37 by Mr. MacIntyre re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Health and Wellness, 70.

No. 38 by Mr. Landry re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Tourism and Parks, 70.

No. 39 by Mr. Haché re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Business New Brunswick, 71.

No. 40 by Mr. Armstrong re tabling documents in regard to the 5% spending cutsannounced on July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Agriculture, Fisheries and Aquaculture, 71.

No. 41 by Ms. Robichaud re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Education, 71.

No. 42 by Mr. Albert re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Public Safety, 71.

No. 43 by Mr. Jamieson re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Environment and Local Government, 72.

No. 44 by Mr. Lamrock re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Finance, 72.

No. 45 by Mr. McGinley re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Training and Employment Development, 72.

No. 46 by Hon. Mr. Volpé that this House approves in general the capitalbudgetary policy of the government, notice of 72; unanimous consent todispense, 95; motion moved, debated, question put, motion carried, 96.[Government Motion]

No. 47 by Hon. Mr. Lord recommending that Bernard Richard be appointedOmbudsman effective January 3, 2004, for a term of ten years andexpressing appreciation to Ellen Elizabeth King for her years of professionaland dedicated service, 73, notice dispensed, motion made, question put,motion carried, 73. [Government Motion]

xxiv INDEX

No. 48 by Hon. Mr. Green that the recommendations contained in the FirstReport of the Standing Committee on Procedure be concurred in by theHouse, notice dispensed, motion made, debated, amendment proposed,debated, 73; debate resumed, 114; question put, amendment carried; 115;question put on amended motion, motion carried as amended, 115.[Government Motion]

No. 49 by Mr. Targett re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Natural Resources, 77.

No. 50 by Mr. Burke re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Justice, 77.

No. 51 by Mr. Murphy re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Family and Community Services, 77.

No. 52 by Mr. Kenny re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Regional Development Corporation, 78; documents filed,190; motion withdrawn, 218.

No. 53 by Mr. Arseneault re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Office of Human Resources, 78.

No. 54 by Mr. Arseneault re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Intergovernmental and InternationalRelations, 78.

No. 55 by Mr. Brewer re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Supply and Services, 78.

No. 56 by Mr. Doucet re tabling documents in regard to the 5% spending cutsannounced July 15, 2003, by the Minister of Finance and the subsequentimpact on the Department of Energy, 79.

No. 57 by Mr. Paulin re tabling all revenues and expenditures for Larry’s Gulchfishing lodge for the 2002-03 fiscal year, 79; documents filed, 103; motionwithdrawn, 173.

No. 58 by Mr. S. Graham re tabling all documents in regard to estimates of theadditional tax revenue–by tax brackets–that will be collected as a result ofthe income tax measure requiring an amendment to the Income Tax Actannounced by the Department of Finance on November 11, 2003, 83;documents filed, 167.

No. 59 by Hon. Mr. Green amending the membership of certain standing andselect committees, 83. [Government Motion]

No. 60 by Mr. S. Graham re tabling documents between the Departments ofFinance, Office of the Premier, Office of the Comptroller and NB Powerin regard to the currency exchange deal entered into jointly by the NewBrunswick Government and NB Power to borrow $500 million in US fundsin 2002, 98; documents filed, 167; motion withdrawn, 218.

INDEX xxv

No. 61 by Mr. S. Graham that the Government increase funds available to schoolsto purchase supplies for the classroom as requested by educatorsthemselves, and invest in adequate and appropriate computer technology,98.

No. 62 by Mr. Lamrock re tabling documents related to renovations and cost ofrenovations to the building where the Department of Family andCommunity Services is housed in Campbellton at 157 Water Street, 7thfloor, 99.

No. 63 by Mr. Lamrock re tabling documents pertaining to the trip for Francescheduled for November 7 to 13, 2003, including invitations extended topotential participants by the province, 99; documents filed, 167; motionwithdrawn, 173.

No. 64 by Mr. Lamrock re tabling documents with Transport Canada pertainingto the government’s priorities for Route 11, Route 17 and the third crossingto be constructed at the Canada - United States border at St. Stephen, 99.

No. 65 by Hon. Mr. Volpé that this House approves in general the budgetarypolicy of the government, 99; motion moved, 117; debated, 117, 123, 166,172, 174, 175, 177; question put, motion carried on division, 177.[Government Motion]

No. 66 by Mr. Foran that the government undertake an audit to determine theexplicit or implicit agreement in place at the time of the transfer or at anytime since regarding the calculation of pension amounts in relation to thedissolution of the Moncton Police Force and the replacement by the RCMPin 1998, 104.

No. 67 by Mr. Kenny re tabling all projects submitted to all CEDAs and theRegional Development Corporation under the community economicdevelopment fund since April 1, 2003, to December 18, 2003, and the valueof each project, 104; documents filed, 167; motion withdrawn, 173.

No. 68 by Mr. Lamrock calling upon the Minister of Education to review thecurrent mechanism for funding educational assistance for children withspecial needs to ensure that every child gets the help needed to succeed,109.

No. 69 by Mr. Lamrock calling upon the Minister of Education to develop anaddendum to the Quality Learning Agenda establishing clear goals for thefunding, holdings and staffing of school libraries, 109.

No. 70 by Mr. Lamrock expressing support for any efforts of the Minister ofTransportation to make the Marysville bypass a reality, and urging theMinister to take all reasonable steps to ensure that the province commitsfunds to the Marysville bypass project in the 2005-2006 Capital Budget, 110;motion withdrawn, 249.

No. 71 by Hon. Mr. Volpé that the Assembly ratify and confirm the Agreementto Amend the Comprehensive Integrated Tax Coordination Agreemententered into between the Province of New Brunswick and the Governmentof Canada and the Provinces of Newfoundland and Labrador and NovaScotia pursuant to subsection 2(2) of the Harmonized Sales Tax Act, Noticeof, 113; unanimous consent to move motion, motion carried, 113.[Government Motion]

xxvi INDEX

No. 72 by Hon. Mr. Green that Government and Official Opposition agree to eachprovide the name of a Member of their respective caucus for the purposeof their entering into a pairing agreement to indicate that they will not takepart in any recorded division held during any and all proceedings of theCommittees of the Whole House during the life of the Fifty-fifth LegislativeAssembly, unanimous consent to move motion, motion debated, questionput, motion carried, 116. [Government Motion]

No. 73 by Mr. Haché re tabling all documents concerning the February 2 to 5, 2004mission to Chicago and Atlanta by Premier Lord, Premier Doer, andindividuals from the province, 121; documents filed, 176; motion withdrawn,218.

No. 74 by Hon. Mr. Green that the Legislative Assembly delegate to the LegislativeAdministration Committee its authority under the Act with respect toamounts, indemnities, allowances and salaries and with respect to theamendment of Schedule A, 122; notice dispensed, question put, motioncarried, 122. [Government Motion]

No. 75 by Mr. Paulin re tabling documents concerning logging and silvicultureon Village historique acadien lands from January 1, 2002, to April 6, 2004,164; documents filed, 205; motion withdrawn, 218.

No. 76 by Mr. Paulin re tabling documents to the Department of NaturalResources and/or the Minister of Natural Resources about Mount CarletonProvincial Park from January 1, 2002, to April 6, 2004, 164; documents filed,205; motion withdrawn, 218.

No. 77 by Hon. Mr. Alward that the Legislative Assembly support the principleof allocation decision-making processes being fair, transparent and subjectto clear and consistent rules and procedures as contained in the AtlanticFisheries Policy Framework, and urge the federal government to reaffirmprovincial historic shares enshrined in the 2003-2005 Gulf Snow Crabmanagement plan, respect commitments to this province and restore the2003-2005 New Brunswick allocations, 165; motion moved, 182; debated,183, 184; question put, motion carried, 185. [Government Motion]

No. 78 by Mr. Arseneault re tabling the names of and remuneration received byindividuals employed or appointed to a government board or commissionsince June 10, 2003, 166.

No. 79 by Mr. Arseneault re tabling documents regarding the WorkforceAdjustment Program as announced in the 2004-2005 Budget, the procedurefor determining surplus positions and implementation of said program,170; documents filed, 205; motion withdrawn, 218.

No. 80 by Mr. Doucet re tabling documents between NB Power officials and civilservants and/or government Member regarding the delay in NB Powerrestructuring from March 1, 2004 to April 13, 2004, 175; documents filed,205; motion withdrawn, 218.

No. 81 by Mr. Arseneault re tabling, by the Office of Human Resources, Monthlyand Annual Absenteeism Reports from each government department,including those provided to Deputy Ministers, detailing the averagenumber of sick days taken and the cost to each department and to the CivilService as a whole, from April 1, 2002, to March 31, 2004, 175; documentsfiled, 205; motion withdrawn, 218.

INDEX xxvii

No. 82 by Mr. Allaby re tabling a description of the changes to snow clearingroutes to take effect with the closure of snow sheds included with theDepartment of Transportation budget for 2004-2005, including pre-change and post-change snowplow assignments, 179; documents filed, 320.

No. 83 by Mr. Murphy re tabling documents between the Minister of FamilyCommunity Services and regional Family and Community Servicesoffices regarding downsizing or layoffs, capping of funds, restrictions infunding, or budgetary measures taken, since the tabling of the budget,179; documents filed, 205; motion withdrawn, 218.

No. 84 by Mr. S. Graham that the Legislative Assembly urge the government torefer to the Auditor General the matter of auditing the decision-makingprocess at NB Power and within Government with respect to therefurbishment of Coleson Cove, the fuel delivery agreement and theproposed agreement to supply orimulsion to NB Power, unanimousconsent to substitute “urge” for “direct,” notice dispensed, 180; motionmoved, negatived on division, 181.

No. 85 by Mr. Boudreau re tabling documents regarding the minimum/maximumtime at school policy under the collective agreement for both theAnglophone and Francophone school systems from January 2002 topresent, 194; documents filed, 217; motion withdrawn, 218.

No. 86 by Mr. Boudreau re tabling documents relating to the use of PAEs in thebudgetary process, 195; documents filed, 217; motion withdrawn, 218.

No. 87 by Mr. Boudreau re tabling documents relating to the literacy specialistsin both the Anglophone and Francophone school systems since theannouncement of the Premier’s Quality Learning Agenda, 198; documentsfiled, 231.

No. 88 by Mr. Boudreau re tabling documents concerning the provincial educationReview (school evaluation system) in both the Francophone andAnglophone school systems from the Review’s inception to present, 198;documents filed, 295.

No. 89 by Mr. MacIntyre re tabling a list of all positions eliminated in theDepartment of Health and Wellness and a position of those positions sinceApril 1, 2004, 202; documents filed, 261.

No. 90 by Mr. Arseneault re tabling a list of any appointments authorized by theDeputy Minister of the Office of Human Resources under the auspices ofsections 15 and/or 16 of the Civil Service Act since June 1, 2003, 202;documents filed, 217; motion withdrawn, 218.

No. 91 by Mr. Arseneault re tabling a list of any positions that were vacant in PartI of the Civil Service as of April 1, 2004, 202; documents filed, 268.

No. 92 by Mr. S. Graham that the 2.5% wage increase on MLAs base salary berolled back and that this House urge the Government to establish aCommission charged with determining future rates of remuneration forMLAs, unanimous consent to dispense with notice and move motiondenied, 211.

No. 93 by Mr. Branch re tabling documents pertaining to Order in Council 2004-121 dealing with withdrawal of lands from prospecting and staking outfor minerals except coal and potash in Bathurst from January 1, 2003 toMay 13, 2004, 216; documents filed, 268.

xxviii INDEX

No. 94 by Mr. MacIntyre urging the government to release the Health ServicesPlan immediately, and that the plan be referred to the Select Committeeon Health Care with a limited public input timeframe, 224.

No. 95 by Mr. Allaby re tabling a copy of the Accountability Framework establishedunder section 7 of the Regional Health Authorities Act, 228; documents filed,280; documents filed, 284.

No. 96 by Mr. Doucet re tabling documents between the Province and EnbridgeGas pertaining to the marketing and distribution of natural gas in NewBrunswick from July 1, 1999 to May 18, 2004, 229; documents filed, 256.

No. 97 by Mr. Arseneault re tabling the names and remuneration received byindividuals employed or who have been appointed to a governmentboard or commission since June 10, 2003, 236.

No. 98 by Mr. MacIntyre re tabling documents between Region 7 MiramichiRegional Health Authority and the Department of Health and Wellnessregarding the cancellation of the planned methadone clinic for theMiramichi Regional Health Authority since May 1, 2004, 240; documentsfiled, 291.

No. 99 by Mr. Arseneault re tabling the most recent Actuarial Review on the statusof the Teachers’ Pension Fund and the Civil Service Pension Fund, 240;documents filed, 268.

No 100 by Mr. S. Graham re tabling documents between Mira Properties, Inc. andthe Department of Environment and Local Government, the Departmentof Health and Wellness, the Department of Natural Resources and Energy,and the Culture and Sport Secretariat from March 1, 1999 to present, 245.

No. 101 by Mr. S. Graham re tabling documents between Les Entreprises MapomaLtée and the Department of the Environment and Local Government, theDepartment of Health and Wellness, the Department of Natural Resourcesand Energy, and the Culture and Sport Secretariat, from March 1, 1999 topresent, 245.

No. 102 by Mr. Arseneault re tabling documents between the government andAtlantic Advantage Promotions Inc. between April 1, 2003, and March 31,2004, 245; documents filed, 268.

No. 103 by Mr. Arseneault re tabling a compilation of monies paid to Bristol Groupand its subsidiaries by all government departments since June 21, 1999,245.

No. 104 by Mr. S. Graham re tabling a copy of the amount paid to the Chipmanambulance service and Minto ambulance service for the years 2001-2002,2002-2003, and 2003-2004, and details of services provided, 246; documentsfiled, 291.

No. 105 by Mr. S. Graham re tabling documents pertaining to any employees whowere terminated in Part I of the Department of Health and Wellness whohave subsequently been hired on contract by Part III in any of the RegionalHealth Authorities, 257.

No. 106 by Mr. Albert re tabling documents regarding the creation of a compensationfund for the eradication of infectious salmon anemia for the periodbetween July 1, 2001 and June 8, 2004, 257.

INDEX xxix

No. 107 by Mr. Albert re tabling documents regarding the creation of a financialcompensation program and insurance for the aquaculture industry for theperiod from July 1, 1999 to June 8, 2004, 257.

No. 108 by Mr. Doucet re tabling documents pertaining to consulting services toinvestigate renewable energy possibilities or to study the impact ofrenewable energy projects on power rates from January 31, 2003 toJune 8, 2004, 258.

No. 109 by Mr. Doucet re tabling all addendums to the NB Power document entitleBusiness Plan and Financial Projection dated March 2001, 258.

No. 110 by Mr. Boudreau re tabling documents between November 2002 andJune 9, 2004 pertaining to decisions, recommendations and advice madeby District Education Council #17; 264; documents filed, 320.

No. 111 by Mr. Boudreau re tabling documents between November 2002 and June9, 2004 pertaining to advice received and decisions made by the Ministerof Education pertaining to District Education Council #17; 264; documentsfiled, 320.

No. 112 by Mr. MacIntyre re tabling documents pertaining to the decision toeliminate 298 beds in New Brunswick hospitals and which facilities wouldhave beds eliminated, 269.

No. 113 by Mr. MacIntyre re tabling documents regarding John McGarry’s reporton support services within the provincial health care system, 271.

No. 114 by Mr. MacIntyre re tabling documents regarding Jim Wolstenholme’sreport on the population health and its impact on the provincial health caresystem, 271.

No. 115 by Mr. MacIntyre re tabling copies of the Hay Benchmarking Studyprepared in conjunction with CIHI for Miramichi Regional HealthAuthority, Beauséjour Regional Health Authority and Atlantic HealthSciences Health Authority for 2002-2003 and 2003-2004, 272.

No. 116 by Mr. MacIntyre re tabling documents regarding Édouard Hendricks’report on the sustainability of clinical services within the provincial healthcare system, 272.

No. 117 by Mr. Burke re tabling a compilation of how many court appointedlawyers have been paid by Government and the cost, since March 1, 2004,272.

No. 118 by Mr. MacIntyre re tabling documents between Deloitte and Touche andthe Department of Health and Wellness pertaining to the production ofthe draft Provincial Health Plan between January 2002 and June 9, 2004,277.

No. 119 by Mr. Boudreau re tabling documents between the Government andDistrict Education Councils with respect to cuts in hours, teachers’ aides,and school library staff since April 1, 2004, 288.

No. 120 by Mr. Jamieson re tabling the Remediation Plan(s) submitted to theDepartment of Environment and Local Government and related documentswith respect to the coastal development undertaken by Gilles and/orMichel LeBlanc on Euclide-Leger Road in Cap-Brûlé, 288; documents filed,320.

xxx INDEX

No. 121 by Mr. Allaby re tabling documents relating to the extension of the RingRoad from Marysville to South Portage (36 kms of highway commonlyreferred to as the Route 8 bypass), for the period January 1997 to June 2004,306.

No. 122 by Mr. Allaby re tabling statements filed by insurers to the Superintendentof Insurance under the requirements of subsection 79(1) of the InsuranceAct for the calendar year 2003, 314.

No. 123 by Mr. Allaby re tabling the projections for increases in revenues as a resultof Bill 69 (An Act Respecting the Fines for Provincial Offences) broken downby category of fine or offence, 314.

No. 124 by Mr. Arseneault re tabling flight logs from the government plane fromJanuary 1, 2004, to June 30, 2004, and a breakdown of expenditures arisingfrom the ongoing operation of the government plane from January 1,2004, to June 30, 2004, 315.

No. 125 by Mr. Paulin re tabling financial statements, broken down into amountsspent for specific budget items, for the Hôtel-Dieu de St-Joseph de St-Quentin for the fiscal year 2003-04 and for the current fiscal year to date, 315.

OOrder, points of,

By Mr. Allaby that the Minister of Public Safety limit comments to the principle ofthe Bill; Deputy Speaker ruled the point well taken, 33; that Hon. Ms. Dubé, theMinister of Education, limit comments to the principle of the Bill; Speaker ruledthe point well taken, 33.

By Hon. P. Robichaud regarding the relevance of certain comments; DeputySpeaker cautioned Members that debate at second reading should be confinedto the principles of the Bill, 37.

By Hon. Mr. Steeves regarding the relevance of certain comments; Deputy Speakercautioned Members, 38.

By Mr. Richard regarding the use of props by the Minister of Business NewBrunswick; Deputy Speaker ruled the point well taken, 38.

By Mr. Richard that Hon. P. Robichaud table a copy of comments attributed to him;Mr. Speaker advised that points of order should not be used as an opportunityto interrupt debate, cautioning Members against abusing the privilege ofstanding on a point of order to correct information, 38; that the Minister ofFinance refer to the Leader of the Opposition by his correct title; Deputy Speakerruled the point well taken, 46.

By Mr. MacIntyre that the comments of the Minister of Intergovernmental andInternational Relations were not related to the motion; Deputy Speaker ruled thepoint well taken, 50.

By Hon. Mr. Steeves that the comments of the Member for Fredericton-FortNashwaak were not related to the motion; Deputy Speaker cautioned Membersin this regard, 50.

By Mr. Carr that the Member for Fredericton North had made unparliamentaryremarks; Chairman undertook to review transcript and report back to theCommittee, if necessary, 51.

By Mr. Allaby that the Minister of Business New Brunswick refrain from noting thepresence or absence of Members; Deputy Speaker ruled the point well taken, 57.

By Hon. Ms. Fowlie that the Member for Miramichi Centre had used unparliamentarylanguage; the Member for Miramichi Centre apologized, 57.

INDEX xxxi

By Hon. Mr. Green that remarks of the Member for Moncton North were notrelevant to the matter under debate; Mr. Speaker asked the Member to keepremarks relevant, 73.

By Ms. Weir that the woman who chained herself to the Legislature had beencharged and that this matter did not warrant charges, given the tradition ofpeaceful protesting in New Brunswick; Deputy Speaker ruled the issue was nota point of order but a concern and informed the House that the Office of theSpeaker was responsible for security within the precincts, the appropriateauthorities had been called to handle the matter, and the Speaker would expresshis concerns and those of the Assembly regarding the appropriate course ofaction to resolve the matter, 80.

By Hon. Mr. Green that the Member for Saint John Champlain direct his commentsthrough the chair; Deputy Speaker ruled the point well taken, 80.

By Hon. Ms. Fowlie that the Member for Moncton North was referring to a Ministerin an unparliamentary manner; Deputy Speaker cautioned Members againstmaking personal attacks, 80.

By Hon. Mr. Green who requested that the Member for Kings East withdraw theterm “deceitful,” which he did, 84.

By Hon. Mr. Steeves that the Member for Saint John Lancaster was inappropriatelyreferring to a Member by name and not by constituency; Deputy Speaker ruledthe point well taken, 84.

By Mr. Paulin that the Member for Oromocto-Gagetown was not speaking to theprincipal of the Bill; Deputy Speaker reminded all Members that debate shouldbe directed to the principal of Bill 9, 84.

By Mr. Lamrock seeking clarification on guidelines for Members’ Statements;Mr. Speaker took the matter under advisement, 85; see Statement by Speaker,91.

By Mr. S. Graham that the Premier had used Congratulatory Messages to criticize;Mr. Speaker stated that he had not reverted to the Order of CongratulatoryMessages, 86.

By Mr. Lamrock that Ministers were responsible for their departments and that itwas improper for a Minister to answer a question by stating that the Minister wasrelying on the advice of departmental staff; Mr. Speaker ruled that Ministers arenot obliged to answer questions; they may take questions under advisement, orthey may choose not to answer, 86.

By Mr. Branch pursuant to Standing Rule 49 c) that the Member for Kent South hadimplied that the Member for Nepisiguit was part of a protest in Saint-Sauveur in1997, 86. Mr. Williams maintained that he did not imply that the Member was partof the government during that period; Mr. Speaker addressed the point of orderand advised he would deliver a more detailed ruling, 87.

By Mr. Lamrock who took exception to allegations by the Member for Oromocto-Gagetown against the Member for York; Mr. Speaker took the matter underadvisement, 87.

By Hon. Mr. Green that it was improper for the Member for Nepisiguit to use propsin the House; Deputy Speaker ruled the point well taken, 88.

By Mr. Stiles that the Member for Nepisiguit was imputing false or unavowedmotives to the Minister of Transportation; Deputy Speaker ruled that the matterinvolved a dispute over fact and it was not the role of the Speaker to resolve suchdisputes, 88.

By Ms. Weir requesting that Mr. Speaker inquire whether any of the protestersoutside of the Legislature had been unfairly denied access to the gallery; Mr.Speaker took the matter under advisement, 93.

xxxii INDEX

By Hon. E. Robichaud that the questions by the Leader of the Opposition were notrelated to the estimates under consideration; Chairman reminded Members widelatitude is granted to all Members posing questions in Committee of Supply, 97.

By Hon. Mr. Lord that the questions being asked of the Minister of Finance wererepetitious and not relevant to the debate; Chairman stated that traditionallyduring Committee of Supply there were no limits on the number of questionsasked nor the length of responses as long as the debate is relevant to thediscussion and not repetitious; he cautioned Members to abide by these principlesand ruled that there had been repetition and that the same question had beenasked of the Minister on several occasions, 97.

By Mr. MacIntyre that the Minister of Justice refrain from referring to himpersonally during debate; Mr. Speaker ruled that no member had been specificallyreferred to during debate, 100.

By Mr. Steeves that Mr. Jamieson referred to the Premier by name; Mr. DeputySpeaker cautioned all Members against the use of proper names of Members inthe House, 167.

By Mr. Burke that the Member for Dieppe-Memramcook was referring to peopleoutside the Chamber; Mr. Deputy Speaker reminded Members not to commenton the absence of a Member, 176.

By Mr. Lamrock that Hon. Mr. Fitch had used unparliamentary language; Hon. Mr.Fitch apologized to the House and withdrew the comment, 179.

By Hon. Mr. Green that Mr. Jamieson had suggested that a Member had misled theHouse; Mr. Jamieson subsequently apologized to the House and withdrew thecomment, 181.

By Mr. Jamieson that the Minister of Finance was not speaking to the principle ofthe Bill under consideration; Mr. Speaker reminded all Members to limit debateto the principle of the Bill, 191.

By Hon. Mr. Green that the Member for Fredericton-Fort Nashwaak had referredto the Premier by name in an unparliamentary manner; Mr. Speaker cautionedMembers to refrain from referring to other Members in a negative or disrespectfulmanner and asked the Member for Fredericton-Fort Nashwaak to withdraw hiscomments; Member complied, 194.

By several Members re mentioning the absence or presence of members in theHouse, 219.

By Mr. Burke that the Minister of Public Safety withdraw an unparliamentarygesture; Mr. Speaker informed the House that he did not witness such a gesture,but cautioned all Members against the use of unparliamentary language, 222.

By Ms. Weir concerning statements made by the Minister of Health and Wellnessin relation to the CEO of Region 7 Health Authority and invited the Minister tocorrect the record re the CEO’s termination; the Minister maintained that the CEOhad resigned; Ms. Weir claimed that the Minister lied to the House, 229.

By Hon. E. Robichaud that the Member for Saint Harbour used inappropriatewords; Mr. Speaker called the Member to order and requested that she withdrawthe unparliamentary words; the Member refused; the Member refused two moreopportunities to withdraw the remarks; Mr. Speaker ordered, pursuant toStanding Rule 20(1), that the Member withdraw immediately for the remainderof the sitting day; the Member complied, 230.

By Hon. P. Robichaud that the Leader of the Opposition had used unparliamentarylanguage; the remarks were withdrawn, 232.

By Mr. Lamrock that an amendment proposed to Motion 8 was not in order; Mr.Speaker took the matter under advisement; Mr. Speaker ruled the amendmentin order, 234.

INDEX xxxiii

By Mr. Lamrock that the Member for Madawaska-la-Vallée had usedunparliamentary language; Mr. Deputy Speaker cautioned all Members againstthe use of unparliamentary language, 234.

By Hon. P. Robichaud that the Member for Moncton North had usedunparliamentary language; Mr. Deputy Speaker ruled he had heard no suchremark and would review Hansard and report to the House if necessary; andcautioned Members against the use of offensive language when referring to oneanother, 235.

By Hon. P. Robichaud that the Member for Moncton North had used disrespectfullanguage when referring to the Minister of Transportation and that the Memberwithdraw his comment; the Member complied, 236.

By Mr. Lamrock requesting that the Minister of Energy table a document fromwhich he had quoted, 240.

By Hon. P. Robichaud that the Member for Caraquet had used the term “liar”; Mr.Deputy Speaker requested the Member withdraw the remark, which he did, 246.

By Mr. Allaby that the amendment to Motion 9 was not in order; Mr. DeputySpeaker ruled the amendment in order, 250.

By Ms. Weir questioning why a Member was permitted to wear a tee-shirt in theHouse; Mr. Speaker took the matter under advisement, 253.

By Mr. Lamrock that Hon. Ms. Dubé had used unparliamentary language duringthe previous day’s question period by accusing the Member for Bathurst ofspreading falsehoods; Mr. Speaker advised that he would review transcript andreport to the House if necessary, 263; Speaker ruled that the word, “fausseté”, wasnot used against a Member but was used to generically describe statements madeby the opposition, 266.

By Hon. P. Robichaud requesting that the Member for Charlotte withdraw the term“crook”; Speaker takes matter under advisement, 264; Speaker ruled the phase“they sneak around like a bunch of crooks” to be unparliamentary, askedMember to withdraw comment, Member complied, 266.

By Hon. Mr. Green that the motion moved by Mr. S. Graham in Committee ofSupply for a substantive recommendation to the House was out of order, 273;Chairman ruled point of order well taken as substantive recommendations gobeyond the scope of the order of reference of the Committee, which to agree to,reduce or negative the Estimates, 274; Mr. Lamrock appealed the Chairman’sruling to the Speaker, 274; Speaker took Chair, Committee reported, Mr.Lamrock submitted arguments, 275; Speaker sustained decision of Chair, 275.

By Mr. Allaby that the Minister of Education had delivered a Minister’s Statementduring Congratulatory Messages; Speaker ruled the Minister’s comments werecongratulatory, 288; that the Minister of Environment and Local Governmenttable a document to which she referred during her response to a question; Hon.Mr. Green spoke to point; Speaker ruled that unless documentation is quoteddirectly, it is not necessary that it be tabled, 288.

By. Mr. Landry that documents tabled by the Minister of Justice were provided inEnglish only and that the documents should have also been in French; Mr.Speaker ruled that it is in order to table documents that are received bygovernment in one official language and noted that the translated version of thedocuments would be provided to Members shortly, 314.

PPages,Introduced for current session, 19, 48, 59, 120, 218, 224.

xxxiv INDEX

Petitions,No. 1 by Mr. S. Graham urging the government to address the threat of high

insurance rates by reducing rates so that car insurance is “fair,” “affordable,”and “accessible” for all citizens, 19.

No. 2 by Mr. Allaby urging the Minister of Tourism and Parks to remove the gatethat blocks the road in the Marsh Provincial Park on Grand Manan Island,and to work to plan and carry out appropriate measures for the long termbenefit of the marsh, the people, and the natural life, 19.

No. 3 by Mr. Doucet on behalf of residents of the St. George area protesting theopening of New Brunswick Liquor Stores on Sunday, 19.

No. 4 by Mr. Murphy urging the government to remove Waleed Arif fromCentracare, 19.

No. 5 by Mr. S. Graham urging the government to reopen the Point Roadcrossroad from Route 505 to Bedec Road, 35.

No. 6 by Mr. Branch urging the government to repair the dangerously unsaferoad “chemin des Chalets,” in the Maisonette area, 39.

No. 7 by Mr. Branch urging the government to repair Blue Jay Lane in the MiddleRiver area so that it remains passable year round, 39.

No. 8 by Mr. Branch urging the government to consider Roland Chiasson’sproject, cutting wood with horses, while respecting the fauna and theenvironment, 39.

No. 9 by Mr. Jamieson a petition that concludes that the environmental impactof the Gulf-Operator Ltd., Black River Aggregate Processing plant isunacceptable and recommends that the approval to operate the facility becancelled, 48.

No. 10 by Ms. Weir opposing granting a permit to Bennett Environmental NewBrunswick Inc. for an incinerator to burn toxic material and urging theMinister to order an independent environmental assessment and publicconsultation with the residents of the Chaleur Bay region, 82.

No. 11 by Ms. Weir urging the Premier to turn down the Bennett application fora proposed toxic waste incinerator and urging the government to establishlegislation to provide communities full environmental assessments andpublic hearings, 82.

No. 12 by Mr. Boudreau a petition signed by citizens of the Tracadie-Sheila areawho say no to the installation of an incinerator to burn toxic material andto importing toxic waste from the United States; yes to protecting ourhealth and that of our children; yes to a healthy northern New Brunswick;yes to an independent environmental impact assessment, and who urgethe government to take action, 82.

No. 13 by Mr. Albert a petition signed by citizens of the Beresford, Petit-Rocherand Point-Vert area who say no to the installation of an incinerator to burntoxic material and to importing toxic waste from the United States; yes toprotecting our health and that of our children; yes to a healthy northernNew Brunswick; yes to an independent environmental impact assessment,and who urge the government to take action. 82.

No. 14 by Mr. Burke a petition signed by concerned citizens who agree that Ritalinis overprescribed in this province, 85.

No. 15 by Mr. Boudreau requesting that permanent premises be provided toensure a healthy learning environment or that students be reintegratedinto the Campbellton NBCC campus, for a variety of listed reasons, 93.

INDEX xxxv

No. 16 by Mr. Boudreau stating that literacy be the responsibility of a singledepartment; that Literacy New Brunswick Inc. be eliminated; andrequesting new facilities for the Community Academic Services Programand a variety of other improvements, 93.

No. 17 by Mr. Arseneault requesting financial assistance to repair damage causedto property by the storms of October 15 and November 12, 2003 in theCharlo area, 104.

No. 18 by Mr. Burke requesting construction of the Westmorland Street Bridgenorth side off ramp as a number one government priority, 104.

No. 19 by Mr. S. Graham requesting that all assets not be included as part of theFamily and Community Services financial assessment to determine asubsidy for the cost of nursing home care for a loved one, 108.

No. 20 by Mr. Allaby urging the Minister of Family and Community Services toconvert some apartment units in the Deer Island Seniors Complex intoassisted living facilities, 108.

No. 21 by Mr. Allaby urging the Minister of Tourism and Parks to complete theremaining nine holes of the Herring Cove Golf Course to create anattraction and make Campobello an anchor of growth in the tourismsector, 108.

No. 22 by Mr. Foran expressing concern that the Miramichi Youth House mayclose because of a lack of funding and urging the government to do all inits power to keep funds coming for this purpose, 120.

No. 23 by Mr. Stiles signed by citizens of Indian Mountain urging the governmentto consider the potential risks to the environment of the Northrup Groupproposal of the construction and demolition debris disposal site on Route126, 124.

No. 24 by Mr. Stiles urging the government to resolve the existing trafficproblems around the TransCanada Highway and Route 112 interchange,124.

No. 25 by Hon. E. Robichaud requesting that the government support theintroduction of a public nonprofit automobile insurance system whichwould be nondiscriminatory, affordable, and reliable for everyone withoutexception, 124.

No. 26 by Mr. Paulin requesting that the government introduce a public insurancesystem in New Brunswick, 125.

No. 27 by Mr. S. Graham requesting that the government make the necessaryrepairs to roads in the northern and southern parts of the parish, 164.

No. 28 by Mr. Brewer promoting the use of old rail beds between Miramichi andFredericton by all-terrain vehicles, 170.

No. 29 by Mr. S. Graham requesting that the government make major repairs toa 5 km section of the Richibucto-Village Road, 191.

No. 30 by Ms. Robichaud opposing the policy issued by the members of theadvisory committee on the eastern New Brunswick commercial clamfishery regarding clam fishing permits, 194.

No. 31 by Mr. Betts urging the government to establish a Cath Lab at the MonctonHospital, 200.

No. 32 by Mr. Kenny opposing the new policy established last year of puttingmale and female patients in the same hospital room, 200.

No. 33 by Mr. Paulin urging the government to rebuild Highway 257 in theircommunity, 200.

No. 34 by Hon. Ms. Dubé opposing the proposal by Bennett Environmental toincinerate at Belledune contaminated soil from as far away as Texas and

xxxvi INDEX

their opposition to the transportation of such contaminated materialsacross the province, 210.

No. 35 by Mr. Haché urging the government to keep the Jacquet River MaintenanceDepot garage open to serve the surrounding area, 224.

No. 36 by Mr. Malley urging the government not to close any beds, downgradeany services, jobs or departments in Region 7 Hospital Authority and tomaintain the status quo, 228.

No. 37 by Mr. Foran urging the government not to close any beds, downgradeany services, jobs or departments in Region 7 Hospital Authority and tomaintain the status quo, 228.

No. 38 by Ms. Robichaud urging the government not to close any beds, downgradeany services, jobs or departments in Region 7 Hospital Authority and tomaintain the status quo, 228.

No. 39 by Mr. Brewer urging the government not to close any beds, downgradeany services, jobs or departments in Region 7 Hospital Authority and tomaintain the status quo, 228.

No. 40 by Mr. Jamieson urging the government to keep the St. Joseph’s Hospitalemergency room open, 249.

No. 41 by Mr. MacIntyre opposing any closing or downgrading of surgicalservices at the Charlotte County Hospital, 262.

No. 42 by Mr. Foran urging Mr. Malley to vote against any plan to reduce bedsand or service at the regional hospital in the Miramichi, 264.

No. 43 by Mr. S. Graham urging the government to upgrade and repair theStothard Road, 271.

No. 44 by Hon. Ms. Poirier for the protection of the forests of New Brunswick andexpressing opposition to clear cutting and support for select cutting, 301.

No. 45 by Ms. Poirier urging that Crown lands be managed via proper forestrypractices in order to benefit the people of N.B., 301.

No. 46 by Mr. Arseneault opposing the new health plan and the elimination of St.Joseph Hospital, 301.

No. 47 by Mr. McGinley expressing strong disapproval of the proposed IndustrialWaste Landfill which Irving Pulp and Paper are planning for the CoalCreek Area, 306.

No. 48 by Ms. Weir supporting the proposed amendment to the New BrunswickHuman Rights Act to include “social condition” as prohibited grounds ofdiscrimination, 314.

Privilege, Point or Question of,By Mr. Burke, pursuant to Standing Rule 10, that the comments attributed to him

by The Daily Gleaner were untrue, offering an apology to the House if his remarkswere offensive, 52.

Mr. Malley, the Member for Miramichi Bay-du Vin, rose on a point of privilege andrequested an apology from Mr. Burke for remarks allegedly made in Committeeof the Whole during the previous day’s sitting. He further requested that thematter be referred to the Standing Committee on Privileges, 52; Mr. Speakerruled that an item that took place in Committee of the Whole should have beendealt with in Committee; that the member for Fredericton North had apologized;and that this would not be considered a matter of privilege, because it was notimpugned to a Member of the House. It would be a matter of order and on a pointof order, it could be dealt with. Privilege has to involve something impugneddirectly to a Member of the House and the apology had been accepted by theChamber, and the matter dealt with, 52.

INDEX xxxvii

By Mr. Branch pursuant to Standing Rule 49 c) that the Member for Kent South hadimplied that he was part of a protest in Saint-Sauveur in 1997, 86. Mr. Williamsmaintained that he did not imply that the Member was part of the governmentduring the period the protest took place. Mr. Speaker briefly addressed theHouse and advised he would deliver a more detailed ruling on Tuesday next, 87.

Mr. Speaker informed the House that, in accordance with Standing Rule 9, he hadreceived notice of a question of privilege from the Member for Fundy Islesregarding comments made by the Minister of Finance during the previous day’squestion period and of his intention to move the following motion seconded byMr. Lamrock: THAT the charge against the Minister of Finance of makingmisleading statements in the House be referred to the Standing Committee onPrivilege. Mr. Speaker advised the House that he would deal with the matter intwo hours’ time, in accordance with the rules of the House, 108.

Mr. Speaker ruled that he had reviewed the transcript of yesterday’s questionperiod, listened to the explanations from both the Member and the Ministeropposite, and that the matter involved a disagreement between two membersas to facts; notwithstanding the ruling of Speaker Milliken, decisions of previousSpeakers, in this House and in other jurisdictions, are consistent if there is a debateover a question of whether something is a fact, it cannot be ascertained by theSpeaker, and does not constitute a question of privilege. Mr. Speaker ruled thatthe member for Fundy Isles had not established a prima facie case of privilege,112.

Mr. Speaker informed the House that, in accordance with Standing Rule 9, he hadreceived notice of Mr. Lamrock’s intention to move: THAT the charge against theMinister of Finance, for anticipating a decision of the House and therefore beingin contempt, be referred to the Standing Committee on Privileges, 124; Mr.Speaker took the matter under advisement, 161.

Ms. Weir gave notice of her intention to move the following motion: THAT thematter of the leaking of the draft report of the Select Committee on PublicAutomobile Insurance be referred to the Standing Committee on Privileges. Mr.Speaker advised the House that he would deal with the matter in two hours time,in accordance with the rules of the House, 124; Mr. Speaker ruled that there wasa prima facie case that a breach of privilege was committed, and invited Ms. Weirto proceed with her motion, motion carried, 161.

Mr. Speaker ruled on the question of privilege raised by the Member for Fredericton-Fort Nashwaak on the previous Friday that a prima facie case of a breach ofprivilege had not been committed, since the situation described by the Memberwas not one that obstructed or impeded the House in performing its functions,the government was not anticipating a decision of the House in acting to reducepositions in the civil service, the budget is a general statement outlining thegovernment’s fiscal, social, and economic policies, and the House’s ongoingconsideration of the budget in no way precludes the government from continuingto administer the day-to-day affairs of the province, 168.

Mr. Lamrock gave notice of his intention to move: THAT the member for Hampton-Belleisle, the Speaker, be suspended until such time as the Standing Committeeon Privileges has investigated the allegations that the Speaker has, by acting ina manner inconsistent with the neutrality of his office, breached the privilegesof the House; Mr. Deputy Speaker informed the House that the matter wouldbe dealt with two hours hence, 207; Mr. Deputy Speaker ruled that parliamentaryauthorities are clear—that the actions of the Speaker are not to be criticized indebate, or by and other means, except by way of substantive motion, and thatraising questions concerning the Speaker by means of a question of privilege isnot in order, 208.

xxxviii INDEX

Proclamation, 1.

Prorogation, 363.

RRecorded Votes,

Bills,Bill 3, Construction Labour Mobility Act, debate on motion for second reading

adjourned on recorded division, 42.Bill 4, An Act to Amend the Electricity Act, on amendment to discharge order for

second reading and refer subject matter to the Standing Committee onLaw Amendments, 43; House divided equally, Speaker casts deciding votein accordance with Standing Rule 14, 44; Speaker ruled that the generalprinciple applied to amendments is that decisions should not be takenexcept by a majority and that where there is no majority, the main motionshould be left in its existing form; on motion to adjourn debate on secondreading, 44.

Bill 7, An Act to Amend the Insurance Act, debate on motion for second readingadjourned on division, 49.

Bill 9, An Act to Amend the Municipal Assistance Act, motion for second readingcarried on division, 87; motion that Chairman report Bill as agreed tocarried on division, 106; motion for third reading carried on division; 110.

Bill 25, An Act to Amend the Legislative Assembly Act, motion to adjourn the debateon second reading carried on division, 100.

Bill 26, An Act to Amend the Regional Health Authorities Act, motion to adjourn thedebate on second reading carried on division, 101.

Bill 39, Fiscal Transparency Act, motion for second reading negatived on division,171.

Bill 42, An Act to Amend the Auditor General Act, motion for second readingnegatived on division, 192.

Bill 51, Victims of Family Violence Act, motion to adjourn the debate on secondreading carried on division, 241.

Bill 52, An Act Respecting the Regional Health Authorities Act, motion on secondreading negatived on division, 247.

Bill 60, An Act to Amend the Youth Assistance Act, motion to adjourn debate onsecond reading carried on division, 277.

Bill 61, An Act to Amend the Coroner’s Act, motion to adjourn debate on secondreading carried on division, 281.

Bill 63, An Act to Amend the Workers’ Compensation Act, motion to adjourn debateon second reading carried on division, 289.

Bill 64, An Act to Amend the Workers’ Compensation Act, motion to adjourn debateon second reading carried on division, 290.

Bill 78, An Act to Amend the Insurance Act, motion for third reading carried ondivision, 316.

Bill 82, Appropriations Act 2004-2005, motion for second reading carried ondivision, 311.

Committee of Supply Motions,Motion that there be granted to Her Majesty a sum not exceeding $1,609,634,000

to defray the expenses of the Ordinary Account program allocations, for theDepartment of Health and Wellness for the fiscal year ending the 31st of March,2005 adopted on division, 309.

INDEX xxxix

On the concurrence of the report of the Committee of Supply for the estimatesof the Department of Health and Wellness carried on division, 310.

Motions,On Motion 31, 50.On amendment to Motion 5, 152, 162.On Motion 65 [Budget], 177.On Motion 84, 181.On Motion 4, 201.On amendment to Motion 9, 250.

Royal Assent,By Lieutenant-Governor, 57, 111, 174, 199, 254, 261.

Rulings (Statements by Speaker or Deputy Speaker),Ruled Mr. Allaby’s point re Minister of Public Safety limiting comments to the

principle of the Bill well taken, 33.Ruled Mr. Richard’s point re Minister of Business New Brunswick using props well

taken, 38.Ruled Mr. Richard’s point of order that the Minister of Finance refer to the Leader

of the Opposition by his correct title well taken, 46.Ruled Mr. MacIntyre’s point of order that the comments of the Minister of

Intergovernmental and International Relations were not related to the motionunder consideration well taken, 50.

Ruled Mr. Allaby’s point of order that the Minister of Business New Brunswickrefrain from noting the presence or absence of Members well taken, 57.

Ruled that the issue of a woman chaining herself to the Legislature earlier duringthe day was not a point of order but a concern and informed House of Speaker’sresponsibility for security within the precincts; Speaker to express his concernsand those of the Assembly regarding the appropriate course of action that shouldbe taken to resolve the matter, re point of order of Ms. Weir; 80.

Ruled that Hon. Mr. Green’s point of order that the Member for Saint JohnChamplain should direct his comments through the chair well taken, 80.

Ruled that Hon. Mr. Steeves’ point of order that the Member for Saint JohnLancaster was inappropriately referring to a Member by name and not byconstituency well taken, 84.

Ruled that Ministers are not obliged to answer questions; they may take questionsunder advisement or choose not to answer re Mr. Lamrock’s point of order thatMinisters were responsible for their departments and that it was improper fora Minister to answer a question by stating that the Minister was relying on theadvice of departmental staff, 86.

Ruled Hon. Mr. Green’s point of order that it was improper for the Member forNepisiguit to use props in the House well taken, 88.

Ruled that Mr. Stiles’ point of order that the Member for Nepisiguit was imputingfalse or unavowed motives to the Minister of Transportation involved a disputeover facts and the role of the Speaker is not to resolve disputes of fact, 88.

Ruled re point of order raised by the Member for Fredericton-Fort Nashwaak thatthe Standing Rules provide little, if any, guidance for making Members’ Statementsand that the guidelines had been established by practices and precedents of theHouse; he referred Members to a relevant ruling made by Speaker Branch onApril 18, 1989, and quoted from pages 833-834 of the Journal of Debates (Hansard).He added that Members’ Statements allow members to put on the public recordissues of concern to them or their constituencies and are not to be used for makingpersonal attacks against other members, 91.

xl INDEX

Ruled that no member had been specifically referred to re Mr. MacIntyre’s pointof order that the Minister of Justice refrain from referring to him personallyduring debate, 100.

Ruled re question of privilege raised by the Member for Fundy Isles that afterreviewing the transcript, that the matter involved a disagreement between twoMembers as to the facts. Similar questions of privilege relating to allegedlyinaccurate and misleading responses in question period had been raised manytimes in the Assembly. Notwithstanding the ruling of Speaker Milliken, decisionsof previous Speakers, in this House and in other jurisdictions, are consistent andare similar to one rendered a year or two ago. In short, a debate in the Assemblyover a question of whether something is a fact cannot be ascertained by theSpeaker, and does not constitute a question of privilege. Mr. Speaker found theMember for Fundy Isles had not established a prima facie case of privilege, 112.

Ruled that Mr. Steeves’ point of order that Mr. Jamieson was referring to thePremier by name well taken, 167.

Ruled re question of privilege raised by the Member for Fredericton-Fort Nashwaakon the previous Friday that a prima facie case of a breach of privilege had not beencommitted, since the situation described by the Member was not one thatobstructed or impeded the House in performing its functions, the governmentwas not anticipating a decision of the House in acting to reduce positions in thecivil service, the budget is a general statement outlining the government’s fiscal,social, and economic policies, and the House’s ongoing consideration of thebudget in no way precludes the government from continuing to administer theday-to-day affairs of the province, 168.

Ruled that Mr. Burke’s point order that the Member of Dieppe-Memramcook wasreferring to people outside the House well taken, 176.

Ruled that Hon. Mr. Green’s point of order that the Member for Fredericton-FortNashwaak had referred to the Premier by name in an unparliamentary mannerwell taken; Member withdrew remarks, 194.

Ruled re question of privilege raised by Mr. Lamrock that parliamentary authoritiesare clear—that the actions of the Speaker are not to be criticized in debate, or byand other means, except by way of substantive motion, and that raising questionsconcerning the Speaker by means of a question of privilege is not in order, 208.

Ruled re Mr. Burke’s point of order the Minister of Public Safety withdraw anunparliamentary gesture that he had not witnessed such a gesture, but cautionedall Members against the use of unparliamentary language, 222.

Ruled that the Member for Saint John Harbour withdraw from the House for theremainder of the sitting re Hon. E. Robichaud’s point of order and following threeopportunities afforded to the Member to withdraw her unparliamentary remarks,230.

Ruled that an amendment to Motion 8 was in order re Mr. Lamrock’s point of order,234.

Ruled re Hon. P. Robichaud’s point of order raised the previous day that theMember for Moncton North had used disrespectful language when referring tothe Minister of Transportation and that the Member withdraw his comment; theMember complied, 236.

Ruled Hon. P. Robichaud’s point or order that the Member for Caraquet had usedthe term “liar” well taken and requested the Member withdraw the comment, 246.

Ruled Mr. Allaby’s point of order that the amendment to Motion 9 was not in ordernot well taken, 250.

Ruled re Mr. Lamrock’s point of order raised regarding Hon. Ms. Dubé’s use of theword “fausseté” was not used against a Member but was used to genericallydescribe statements made by the opposition, 266.

INDEX xli

Ruled Hon. P. Robichaud’s point of order regarding use of word “crook” byMember for Charlotte well taken, asked Member to withdraw comment,Member complies, 266.

Ruled Mr. Allaby’s point of order that a document referred to by the Minister ofEnvironment and Local Government should be tabled not well taken, since nodirect quotation was made, 288.

Ruled re Mr. Landry’s point of order that the documents tabled by the Minister ofJustice were in English only and should also have been in French, that it is in orderto table documents that are received by government in one language only; notesthat the translated version of the documents would be provided to Membersshortly, 314.

SSpeaker or Deputy Speaker,Elected, 2.Informs House that he has obtained a copy of the Speech from the Throne, 16.Deputy Speakers appointed, 17.Introduced Pages, 19, 48, 59, 120, 218, 224.Reminded Members of time limits re Members’ Statements, 20.Requested that of all Members abide by the Standing Rules pertaining to Oral

Questions, 20.Ruled Mr. Allaby’s point re Minister of Public Safety limiting comments to the

principle of the Bill under consideration well taken, 33.Cautioned that debate at second reading be confined to the principle of the Bill re

Hon. P. Robichaud’s point of order, 37, 38.Advised that points of order not be used as an opportunity to interrupt debate, 38.Announced that the ordinary time of daily adjournment had arrived, 33, 46, 81, 84,

167.Advised Members to keep congratulatory messages brief, 35.Informed House that Shayne Davies had been made Clerk Assistant and Committee

Clerk, 52.Tabled Auditor’s Report on the Accounts of the Auditor General of the Province of

New Brunswick for the fiscal year ended 31 March 2003, 67.Cautioned all Members to limit comments to relevant motion re point of order of

Hon. Mr. Steeves that comments of the Member for Fredericton-Fort Nashwaakwere not related to the motion under consideration, 50.

Advised he would review transcript re Mr. Carr’s point of order that the Memberfor Fredericton North had made unparliamentary remarks, 51.

Asked Member for Moncton North to keep remarks relevant re Hon. Mr. Green’spoint of order, 73.

Ruled re Ms. Weir’s point of order that the woman who chained herself to theLegislature had been charged and submitted that this matter did not warrantcharges, given the tradition of peaceful protesting in New Brunswick; Mr. DeputySpeaker ruled that the issue was not a point of order but a concern and informedthe House that the Office of the Speaker had responsibility for security within theprecincts and the appropriate authorities had been called to handle the matter andthe Speaker would express his concerns and those of the Assembly regarding theappropriate course of action that should be taken to resolve the matter, 80.

Cautioned against Members making personal attacks re Ms. Fowlie’s point of orderthat the Member for Moncton North was referring to a Minister in anunparliamentary manner, 80.

xlii INDEX

Advised visitors in Gallery they were not permitted to take part in debate, 83.Reminded Members that debate should be directed to the principle of Bill 9, re Mr.

Paulin’s point of order that the Member for Oromocto-Gagetown was notspeaking to the principle of the Bill, 84.

Took under advisement the matter raised by Mr. Lamrock seeking clarification onguidelines for Members’ Statements, 85.

Stated that he had not reverted to the Order of Congratulatory Message re Mr. S.Graham’s point of order that the Premier had used Congratulatory Messages tocriticize, 86.

Called Member for Grand Lake to order for referring to presence or absence of aMember, 86, 219.

Addressed Mr. Branch’s point of order pursuant to Standing Rule 49 c) that theMember for Kent South had implied that the Member for Nepisiguit was part ofa protest in Saint-Sauveur in 1997, 86; Mr. Williams addresses point; Mr. Speakeradvised he will deliver a more detailed ruling, 87.

Took under advisement Mr. Lamrock’s exception to allegations made by theMember for Oromocto-Gagetown against the Member for York, 87.

Took under advisement Ms. Weir’s point of order inquiring whether any of theprotesters outside of the Legislature had been unfairly denied access to thegallery, 93.

Reminded Members that wide latitude is granted to all Members posing questionsin Committee of Supply, re Hon. E. Robichaud’s point of order that questions by theLeader of the Opposition were not related to the estimates under consideration, 97.

Ruled that no member had been specifically referred to during debate re Mr.MacIntyre’s point of order that the Minister of Justice refrain from referring tohim personally during debate, 100.

Informed House of notice of question of privilege, 108.Briefed Members on recent changes to Standing Rules affecting condolences and

messages of sympathy, introduction of guests, congratulatory messages andquestion period, 120.

Cautioned Members regarding personal attacks on Members, 120.Cautioned Mr. MacDonald to keep remarks relevant to the principle of the Bill, 170;

interrupted Member citing Standing Rule 19, and recognized Hon. Mr. Volpé, 171.Reminded Members that cell phones, blackberries and other similar devices must

be operated in silence in the Chamber, 173.Recognized the Canadian Law Association, New Brunswick Branch, in establishing

provincial Law Day to commemorate the Charter of Rights and Freedoms, 179.Recognized 114th anniversary of Sir Pierre-Armand Landry’s becoming the first

Acadian judge, 179.Reminded Members to limit debate to the principle of the Bill re Mr. Jamieson’s point

of order that the Minister of Finance was not doing so, 181.Cautioned Members to refrain from referring to Members in disrespectful manner, 194.Informed House of successful Student Legislative Seminar, 200.Advised that Motions 89, 90 and 91 would be set over to accommodate Standing

Rule requirements, 202.Reminded Members to address questions and answers through the chair, 204.Corrected statement reported in The Daily Gleaner on May 6, 2004, regarding the

Leader of the Opposition not conveying personally the reason for his resigningfrom the committee, 206.

Referred Members to Standing Rule 20(1) permitting the Speaker to order anyMembers whose conduct is grossly disorderly to withdraw immediately fromthe House during the remainder of the day’s sitting, 214.

INDEX xliii

Cautioned Members re unparliamentary language, 222, 235.Advised that when the Speaker stands, Members should discontinue speaking, 236.Requested that Member for Caraquet withdraw remark, 246, 264.

Speech from the Throne,At Opening, 2.At Prorogation, 362.

Supply,Supplementary Estimates 2002-2003 Volume II, tabled, 94; considered in Committee

of Supply, 113.Supplementary Estimates 2003-2004 Volume I, tabled, 94; considered in Committee

of Supply, 102.Capital Estimates 2004-2005, tabled, 95; considered in Committee of Supply, 105.Committee of Supply, resolution that supply be granted, 96.Lieutenant-Governor’s message with Main Estimates for the fiscal year ending

March 31, 2005, tabled, 117; deemed referred to the Committee of Supply, 117.Committee of Supply, resolution that supply be granted, 178.House resolved into a Committee of Supply to consider Main Estimates 2004-2005,

185, 190, 193, 196, 198, 204, 207, 209, 211, 215, 216, 222, 226, 229, 230, 235, 236, 247,251, 255, 259, 263, 267, 270, 273, 276, 278, 282, 285, 290, 294, 298, 302, 309.

TTributes, 59, 73, 85, 98, 120, 168, 179, 213, 240, 253, 257, 288.

UUnanimous consent (denied),To vary the Orders of the Day, 37, 45.To dispense with notice of Motion 92, 211.To continue sitting past the ordinary hour of adjournment, 217.

Unanimous consent (granted),To extend the time allotted for oral questions, 20, 68, 83, 121.To move Motion 22, 29; Motion 23, 30; Motion 24, 31; Motion 25, 32; Motion 30, 40;

Motion 31, 49; Motion 47, 72; Motion 48, 73; Motion 59, 86; Motion 72, 115; Motion74, 122; Motion 84, 180; Motion 7, 225.

To continue sitting past the ordinary hour of adjournment or to vary the hours ofsitting, 29, 37, 57, 86, 112, 122, 161, 162, 184, 198, 211, 222, 236, 255, 269, 278, 282,285, 289, 297, 298, 299, 302, 304, 307, 312, 315.

To defer second reading of certain Bills, 34, 121.To vary the orders of the day, 34, 45, 48, 86, 95, 105, 112, 117, 166, 173, 175, 218, 226,

259, 265, 272, 281, 289, 296, 302, 309, 312.To stand consideration of Bill 21, 136.To recess the House, 117, 180, 269, 282, 285, 297, 298, 307, 312.To consider certain Bills which had received second reading, in Committee of the

Whole during the current sitting, 160, 193, 304, 315.To withdraw certain motions, 173, 218, 249.To amend Motion 84 by deleting the word “direct” and substituting the word

“urge”, 180.

xliv INDEX

To vary the order of consideration of Private Members’ Motions, 180.To dispense with two hours reserved for Private Members’ Motions, 95, 105, 166,

173, 175, 259, 265, 272, 281, 289, 296, 309.For Hon. E. Robichaud to deliver a ministerial statement, 226.To deem a Minister’s opening statement read into the record, 278, 294, 298, 303.To introduce Bill 82, Appropriations Act 2004-2005, 311.To consider second reading of certain Bills having been introduced and read a first

time during the current sitting, 311, 312.To consider certain Bills in Committee of the Whole during this sitting day, 315.To consider third reading of certain Bills having been agreed to in Committee of

Whole during the current sitting, 316, 317.

Unparliamentary language, 51, 57, 80, 84, 179, 194, 222, 230, 232, 234, 235, 236, 263,265, 266.

VVotes (Recorded or Division),See recorded votes.

WWelcomes, 19, 48, 82, 85, 93, 101, 194, 199, 204, 213, 218, 224, 228, 242, 253, 257, 262,267, 271, 288, 296, 298, 301, 321.