third session of the fifty-fifth legislative assembly ... · plan. in the coming year, further...

December 6 1Journal of Assembly

JOURNALSof the

LEGISLATIVE ASSEMBLY

of the

PROVINCE OF NEW BRUNSWICK

THIRD SESSION OF THE FIFTY-FIFTH

LEGISLATIVE ASSEMBLY, 2005-2006

THE HONOURABLE HERMÉNÉGILDE CHIASSON

LIEUTENANT-GOVERNOR

PROCLAMATION

WHEREAS I have proclaimed that the second session of the fi fty-fi fth Legislative Assembly of this Province be prorogued on the sixth day of December, 2005, in the forenoon;

AND WHEREAS I have thought fi t to call the third session of the fi fty-fi fth Legislative Assembly of this Province into session, I hereby issue a Proclamation that the same be called to meet on the sixth day of December, 2005, at 3:00 o’clock in the afternoon.

Given under my hand and the Great Seal of the Province at Fredericton on this 16th day of November, 2005, in the fi fty-fourth year of Her Majesty’s Reign.

BY COMMAND OF THELIEUTENANT-GOVERNOR

Bradley Green, Q.C. Herménégilde Chiasson.Attorney General Lieutenant-overnor.

Fredericton, N.B. Thursday, December 6, 2005.

2 December 654-55 Elizabeth II, 2005-2006

This being the day appointed for the opening of the Third Session of the Fifty-fi fth Legislative Assembly of the Province of New Brunswick for the dispatch of business pursuant to the proclamation hereinbefore annexed, and the Members being present:

His Honour, the Lieutenant-Governor was announced and having been bidden to enter, took his seat in the chair upon the Throne and was pleased to open the session with the following speech from the Throne:

Mr. Speaker, Honourable Members of the Legislative Assembly, invited guests and all residents of New Brunswick.

Welcome to the opening of the Third Session of the 55th Legislative Assembly of the Province of New Brunswick.

This year’s Speech from the Throne is dedicated to your government’s continuing work to build and preserve a prosperous and united New Brunswick by pursuing greater economic success combined with greater social progress for all people and all regions of the province.

In opening this new legislative session, it is important to acknowledge that today is the National Day of Remembrance and Action on Violence Against Women - named in memory of the 14 women massacred at the École polytechnique de Montréal. We ask all New Brunswickers to take a moment on this day to remember all victims of violence and ask themselves what they can do to help end family violence.

Recognizing New BrunswickersThis Throne Speech begins by acknowledging the remarkable accomplishments of individual New Brunswickers.

Since the last Speech from the Throne, we have inducted 10 more outstanding New Brunswickers into the Order of New Brunswick.

They included Gordon Fairweather, William Gale, Margaret LaBillois, Roméo LeBlanc, Antonine Maillet, Mary Majka, Dan O’Brien, William O’Ree, Jeannette Pelletier and David Adams Richards.

Nine New Brunswickers have been invested into the Order of Canada since the last Speech from the Throne: Offi cers Carol Loughery and Margaret Conrad; and Members Jack Fenety, David Ganong, Thomas Condon, Frederick Horgan, Alexander Lilly, Eileen Travis, and former Speaker of this Assembly, Shirley Dysart.

I offer the congratulations of all New Brunswickers to Anne Compton of Rothesay, who won the 2005 Governor General’s Literary Award for Poetry for her book, Processional.


Congratulations are also extended to members of the New Brunswick team that represented our province at the 2005 Canada Summer Games in Regina, Saskatchewan.

We also acknowledge our young athletes who are preparing to compete for New Brunswick in athletic and cultural competitions at the Fifth Games of La Francophonie being held in Niamey, Niger beginning tomorrow.

We would also like to extend a special welcome to our province to the many international students who have chosen to study here in New Brunswick. The growing number of international students and immigrants in our province enhances our communities and deepens our understanding of peoples and cultures the world over.

Since the Legislative Assembly last met, we have lost three former members of this assembly, Jim Wilson, Kenneth Johnson and Laurier Lévesque. We offer our condolences to their families.

This year marks the 60th anniversary of the end of the Second World War and has been designated the “Year of the Veteran.” A number of events and ceremonies have been held throughout the year to honour those who fought and died for our country and those who have served and continue to serve on peacekeeping missions throughout the world in the cause of freedom and peace.

On behalf of all New Brunswickers, we extend our deepest sympathies to the family and colleagues of Pte. Braun Scott Woodfi eld of Eastern Passage, N.S., who was recently killed on patrol near Kandahar, Afghanistan, while serving with the Second Battalion of the Royal Canadian Regiment from CFB Gagetown.

We send our best wishes for a speedy recovery to Sgt. Tony McIver of McAdam, N.B.; Cpl. James Edward McDonald of Pembroke, Ont.; Cpl. Shane Dean Jones, of White Rock, B.C.; and Pte. Paul Schavo, of London, Ont.

Building and Promoting Economic SuccessGreater Opportunity is New Brunswick’s plan to address the fundamentals of prosperity by Investing in People, Embracing Innovation, Building Strategic Infrastructure and Creating a Competitive Business and Fiscal Environment.

During this session, your government will introduce a number of initiatives to create new job opportunities.One of the most critical areas of our provincial economy is our forestry sector. This sector employs thousands of New Brunswickers, from harvesting trees to the production of value-


added wood and paper products. The changing world market for forest products has affected many provinces, and New Brunswick is no exception.

Since the early fall, a working group of Cabinet has been reviewing and consulting on recent developments in the forestry sector. The recommendations of this working group will be presented and a framework for implementation will be brought forward to support and strengthen the sector.

Our agricultural sector is a central and vibrant part of our economy and a way of life for thousands of New Brunswickers. In response to concerns from agricultural land owners, your government will continue consultation with stakeholders on the current design of the Farm Land Identifi cation Program in order to improve its delivery and benefi ts to the agriculture industry.

In keeping with its commitment to make more land available for agriculture production, your government has recently completed the New Brunswick Agri-Land Enhancement Strategy. This strategy was developed in close consultation with the New Brunswick agriculture industry. Over the coming year, several initiatives identifi ed in the strategy will be implemented to deliver on your government’s commitment to support land development for this critical sector.In anticipation of the ministerial meeting of the World Trade Organization in Hong Kong, your government will introduce a motion in this Assembly to affi rm its support of the supply management system for the marketing of dairy, poultry and egg products in Canada. Members will be asked to send a clear message to the federal government to maintain the current system in order to protect the interests of agricultural producers.In the fi sheries and aquaculture sectors, amendments to the Fish Processing Act will be introduced in order to modernize and strengthen the processing and handling of fi sh products in New Brunswick.The aquaculture sector presents continued opportunities for growth and economic development in many regions of our province. However, for this sector to continue to grow, it needs to be supported by a national framework addressing key policy and development issues. Your government will pursue negotiations on the development of an Aquaculture Framework Agreement.

In keeping with the commitment made in Reaching Higher. Going Further., minimum wage levels will be increased on January 1 of


the coming year. As part of a phased-in approach to increasing the minimum wage for thousands of low-income workers while respecting the need of employers for stable and predictable wage growth, your government will propose additional future increases in the minimum wage.

Following up on work conducted over the past several years in partnership between the Offi ce of the Attorney General and all Canadian jurisdictions under the Uniform Law Conference, legislation to address franchiser-franchisee power imbalances will be brought forward in the form of New Brunswick’s fi rst Franchise Act.

Your government will continue to play a critical role in building our province’s strategic infrastructure. The prosperity plan focuses on four main categories of strategic infrastructure: transportation, communications, energy and key public infrastructure that improves quality of life and supports the attraction of new investment and people to our province. Signifi cant investments will be made in the coming year.Innovation is a key factor in achieving international competitiveness. Through innovation, ideas and knowledge are turned into competitive products and services and productivity improvements are gained. Your government has made signifi cant investments through the New Brunswick Innovation Agenda, which includes an innovation fund, technology adoption and commercialization, total development fund and an eNB Action Plan. In the coming year, further investments and initiatives will be launched to promote innovation.In addition, your government will continue to support our tourism industry with new investments in marketing and infrastructure.To ensure New Brunswick continues to have a competitive fi scal and business environment, your government will make certain New Brunswick remains the lowest tax jurisdiction for small businesses in Canada, the third-lowest jurisdiction for corporate taxes, and the lowest jurisdiction in Eastern Canada for personal income taxes through amendments to the Income Tax Act and other related legislation.A quality education is essential to succeed in today’s global economy. Your government is working towards an education and training system that promotes a culture of excellence and high achievement exemplifi ed by innovation and lifelong learning.

To help realize this vision, your government will release the fi nal two stepping stones of the Quality Learning Agenda, which


includes early childhood development and adult and lifelong learning.

Following upon already signifi cant progress and as part of the Quality Learning Agenda stepping stone on early childhood development, your government will bring forward an exciting initiative in the area of early learning.

Specifi cally, your government will introduce a quality pre-Kindergarten school-readiness program in all regions of the province. This new program will give four-year olds the skills they need to enter Kindergarten. By building on the learning that is fi rst nurtured in the home, it will address the need of parents and guardians to have a quality, universal, accessible and developmentally sound program for their children.

This year, elementary school teachers will continue to focus on strengthening literacy skills and new, additional specialized training will be offered. New strategies designed to improve student achievement in math and science at the elementary and middle school levels will also be launched.

This year, the dedicated notebook computer research project has been expanded from nine to 18 classes, giving more students the opportunity to use the latest technologies in the classroom.

Ongoing evaluations are being carried out by research partners at Université de Moncton and Mount Allison University to assess the impact on teaching and learning in public schools.

Your government will continue to implement Quality Schools, High Results, the K-12 stepping stone of the Quality Learning Agenda. In September 2006, your government will add 100 new teachers, together with 115 the following year, for a grand total of 625 new teachers over a fi ve-year period. Your government will consider additional increases in the number of teachers to reduce class sizes.

Your government will continue to promote literacy in the province by improving our library system to ensure we have modern collections, to ensure uniform hours of operation throughout the province and to enhance e-library services for all people in New Brunswick.

On receiving the MacKay Study on Inclusive Education, your government will develop a policy framework to ensure children receive appropriate programs and services within an integrated framework of government services.


With the release of Quality Post-Secondary Opportunities, the post-secondary stepping stone of the Quality Learning Agenda, your government has placed considerable importance on post-secondary education and training.

Legislation will be introduced to allow the implementation of the New Brunswick Tuition Tax Cash Back Credit.

The Youth Assistance Act will be amended to streamline and improve the delivery of student aid services for post-secondary students in New Brunswick.Following the commitment made in Reaching Higher. Going Further., your government will launch a Commission on the Future of New Brunswick Universities to make recommendations on how our universities can grow and become stronger over the long term.Following extensive consultations, new legislation to modernize the governance of the New Brunswick Community College network will also be brought forward.Your government has invited the federal government to participate in the Greater Opportunity prosperity plan through a collaborative investment proposal, entitled Accelerating Greater Opportunity, which will be tabled before this assembly.This partnership offer could help close more quickly the gaps between New Brunswick and the rest of Canada in terms of income, employment, innovation, productivity and export diversity. It would also make sure the federal government meets its constitutional obligation to ensure comparable economic development in all regions of Canada.Building and Preserving Social ProgressNew Brunswick is a great place to live, work and raise a family.Your government will enact a number of key measures during this session to enhance the health and wellness of New Brunswickers, protect children and youth, create more affordable housing, enhance senior care, address the rising cost of energy and improve and promote our unique culture and way of life.Your government will continue to implement Healthy Futures, with additional investments to secure New Brunswick’s health and senior care system and make it sustainable well into the future.The promotion of wellness is an important component of our health care system and has been a priority of your government since it took offi ce. An Action Plan to improve the general wellness of New Brunswickers will be released and will include


initiatives to support the Wellness Strategy set out in the Provincial Health Plan.

The elimination of the regular fee for emergency ambulance services has been well received by New Brunswickers. To continue to modernize this important service, further changes will be implemented.

Work is progressing on your government’s plan for the renovation or replacement of 12 nursing homes in the province. The new nursing home in Gagetown opened for residents in November and the new Villa du Repos in Moncton is expected to open this spring.

During this session, your government will introduce additional measures and investments to enhance and strengthen services for New Brunswick seniors.

Your government will bring forth legislation to allow the Province to take legal action against tobacco companies to recover the signifi cant costs incurred by the health system in New Brunswick due to the effects of tobacco use.

To render the justice system more accessible to residents and to provide greater public protection in civil matters, a Class Proceedings Act will be introduced that will allow class action law suits in New Brunswick courts.

Over the years, New Brunswick has put in place a number of successful initiatives to deter impaired driving. Building on this, your government will introduce amendments to the Motor Vehicle Act to establish an Ignition Interlock Program.

Amendments to the Pre-Arranged Funerals Act will also be considered to strengthen and modernize provisions intended to protect the public.

A new Child Protection Service Delivery Model will be developed to better protect child victims of abuse and neglect and provide enhanced service to protect at-risk families.

As well, a new strategy to deal with Youth at Risk, and in par-ticular those aged 16 to 18, will be brought forward during this session.

Following on the work of the Task Force on Responsible Pet Ownership, a proposal will be presented to improve the framework governing the responsibilities of pet owners for their animals.

As part of its ongoing efforts to build safer communities, your government will bring forward amendments to the Film and Video Act to mandate the use of a classifi cation system for video games.


Your government will introduce measures that will get tougher on slum landlords and those who refuse to provide the basic standard of adequate human shelter.

These measures will give By-law Enforcement Offi cers the tools they need to ensure that New Brunswickers can live in safe and affordable quality housing units.

Your government will also modernize the Residential Tenancies Act by introducing amendments to bring roomers and boarders under the protection of this legislation.

Building stronger and safer communities also means ensuring that our homes and buildings are safe. As part of the Red Tape Reduction Initiative, your government will establish a Building Safety Advisory Committee to propose key elements in the development of a New Brunswick Building Code Act.

Following the Premier’s recent meetings with First Nations Chiefs and leaders of aboriginal organizations and the recent First Ministers Meeting on Aboriginal Issues, your government believes it is necessary to close the social and economic gaps that exist between aboriginals and other Canadians.

Your government will continue to strengthen its commitment to addressing the education needs of our aboriginal community. Your government will organize a post-First Ministers Strategic Planning session. This session will continue laying the groundwork for the fi rst-ever New Brunswick First Nations Education Strategy focused on the learning needs of our aboriginal children.

In addition, your government will conduct a First Nations Housing Conference, work toward the creation of a New Brunswick Aboriginal Health Blueprint and develop an economic development plan aimed at improving infrastructure, diversifi cation, innovation and training in First Nations communities.

Moreover, your government is prepared to facilitate the move toward an Accord on Relationships and Tripartite Talks on Aboriginal and Treaty Rights.

Your government will continue to work with representatives of the cultural community and our stakeholders to build on the success of the Cultural Policy and to further enhance culture in New Brunswick. The second phase of New Brunswick’s Cultural Policy will be forthcoming.

Building on the success of the Cultural Policy, a Heritage Preservation Act will be brought forward.


As part of the second phase of the Cultural Policy, your government will work with the arts and literary communities to develop a comprehensive Book Policy for New Brunswick that will include making New Brunswick-authored books more accessible within schools and public libraries.

The ongoing protection of the environment is a major objective of your government.The creation of a Community Environmental Partnership will combine the research and policy capacity of the provincial government with the operational experience of local governments to put in place community-friendly environmental projects.A mechanism to enable and promote brownfi eld redevelopment will be introduced and will be based on guidelines to promote the revitalization of former industrial sites and other properties.A multi-material stewardship program to co-ordinate recycling efforts with industry and manufacturers will be formalized through legislation during this session.In keeping with Reaching Higher. Going Further., your government will develop a Water for Life strategy intended to ensure safe, secure drinking water, reliable water supplies for economic development, and healthy lakes and rivers for recreation and tourism.

Your government continues to work aggressively to meet the many challenges that have arisen in the energy sector.

While many recent events have been beyond our control, such as the disruptions caused by hurricanes along the U.S. Gulf Coast, we recognize there are actions we can take here at home that will benefi t all New Brunswickers.For example, your government is following through on the commitment to provide relief on home heating oil bills to more than 37,000 New Brunswick families.As of November 1, a rebate program is available to home owners and renters living in oil-heated accommodations. Applicants are eligible for rebates of up to $200. As well, those New Brunswickers who are clients of social assistance programs have seen signifi cant increases to their fuel supplements.

Taken together, these actions will not only protect the most vulnerable from oil price shock, but provide relief to middle-class New Brunswickers as well.


And we will not stop there. Your government recognizes there are New Brunswickers who are more greatly affected by rising energy prices, and it is important they are provided some relief. In the coming year, your government will continue to provide help to families who will be hardest hit by rising energy costs.

One of the most effective ways to deal with higher energy demand and the rising cost of many forms of energy are to fi nd ways to use energy more effi ciently. That is why your government created the new Energy Effi ciency and Conservation Agency, which has a mandate to educate the public about energy consumption and effi ciency, and provide incentives to help reduce energy use.

The creation of this crown corporation will be formalized though the introduction of a New Brunswick Energy Effi ciency and Conservation Agency Act.

As well, amendments to the Crown Lands and Forests Act will be introduced to implement your government’s recently approved Wind Energy Development Policy.

A new Pipeline Act is being proposed to modernize the regulatory environment for the construction and operation of pipelines in New Brunswick.

Amendments to the Gas Distribution Act, 1999 are also being proposed to improve the viability of the natural gas distribution system and to create opportunities for the distribution of natural gas from the Canaport LNG facility.

Building and Providing Effective GovernmentProsperous societies and economies have strong foundations underneath to support their efforts to build prosperity and share prosperity with people. These are strong democratic foundations with more participation by people and greater accountability by government; strong public service foundations with the skills, technology, and innovative desire to go further; and strong partnership foundations with other governments to fi nd common solutions to common problems.

In response to the recommendations of the Commission on Legislative Democracy, your government will table an action plan, entitled Changing the Way Government Works.

By combining the powers and authorities of the Chief Electoral Offi cer and the Supervisor for Political Financing, your government will create a new, more effective body to be known as Elections New Brunswick.


As well, a New Brunswick Referendum Act will be introduced during this session of the Legislature.

In keeping with the recommendations of the Commission on Legislative Democracy, your government will change the way appointments are made to agencies, boards and commissions. Specifi cally, the guidelines for appointments will be strengthened, and a greater emphasis will be placed on openness and accountability in the appointment process.

Your government will seek to institute a new, open and accountable framework governing party leadership conventions and riding nominations.

Going further than the recommendations of the Commission on Legislative Democracy, your government will bring forward amendments to modernize the Right to Information Act.

Working together makes New Brunswick stronger. Our common goal of more prosperity for New Brunswickers, as Canadians, helps unite us. Your government has established a strong record of partnering to meet this common goal.

The government will continue to undertake extensive consultations with New Brunswickers prior to tabling the provincial budget. As part of these discussions, the Premier will hold a series of consultation forums with provincial stakeholders on topics including early learning and child care, the economy and jobs, wellness, the environment, labour and culture, among others.

In addition, the pre-budget consultation process will once again include public meetings held throughout the province by the Minister of Finance. New Brunswickers will have an opportunity to express their views on the issues that matter to them the most. Other ministers will also continue to meet with their departmental stakeholders leading up to the provincial budget.

As part of reforms already underway to the regulatory environment in the insurance industry, your government will continue to pursue the project of Maritime Insurance Harmonization for non-automotive products.

A Fiscal Responsibility and Balanced Budget Act will be introduced to replace and go further than existing Balanced Budget legislation. The new Act will require government to meet high standards of fi scal management and to introduce new reporting guidelines for the province’s fi nancial statements.


During this session, Members of the Legislative Assembly will also be asked to review and approve another balanced budget presented by the Minister of Finance, a Statement of Estimated Revenues and Expenses, and Capital Account appropriations for 2006-2007.

ConclusionThis year’s Speech from the Throne is dedicated to your government’s continuing work to build and preserve a prosperous and united New Brunswick by pursuing greater economic success combined with greater social progress for all people and all regions of the province.

As the legislative session progresses, ministers will provide more details regarding the initiatives contained in the Speech from the Throne.

As well, a number of amendments to a variety of Acts of the Legislative Assembly will be introduced and debated in order to support your government’s goal of continuous improvement in service for the public.

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

May divine providence guide you in your deliberations.

His Honour then retired from the Chamber.

Mr. Speaker resumed the Chair.

Ordered that Hon. Mr. Lord, Premier, have leave to introduce a Bill entitled “An Act to Perpetuate a Certain Ancient Right.” (Bill 1)

He accordingly presented the said Bill to the House and the same was received and read a fi rst time.

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

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

RESOLVED, that the speech of His Honour the Lieutenant-Governor be forthwith taken into consideration.

Mr. Stiles, a Member for the electoral district of Petitcodiac, proposed an Address to His Honour the Lieutenant-Governor in answer to the speech, which he read in his place, and being seconded by Mr. Williams, a Member for the electoral district of Kent South, it was handed to the Chair where it was again read and is as follows:


Fredericton, N.B. December 6, 2005.

To His Honour,The Honourable Herménégilde Chiasson,Lieutenant-Governor of the Province of New Brunswick.

May It Please Your Honour:

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

And a debate arising, after some time, it was on motion of Mr. S. Graham, the Leader of the Opposition and the Member for the electoral district of Kent, adjourned over.

And then, 4.42 o’clock p.m., the House adjourned.


Wednesday, December 7, 2005.

10 o’clock a.m.

Prayers.

Mr. S. Graham paid tribute to the memory of Private Braun Scott Woodfi eld, the Canadian soldier who was killed November 24, 2005, while serving in Afghanistan.

Mr. Burke paid tribute to the memory of the late Jim Wilson, Liberal MLA for Fredericton North (1987-1991); (1995-1999).

Mr. Paulin paid tribute to the memory of the late Laurier Levesque, Liberal MLA for Madawaska (1960-1974).

Mr. Speaker introduced and welcomed to the Assembly Marc Attali, Consul General of Israel in Montreal.

Mr. Speaker introduced the returning pages for the session: Kelly Farish, from Kingston, Ontario, who will serve as head page; Sarah Monnon, from Smithers, British Columbia; Colin Carruthers, from Moncton; Rebecca Clark, from Harvey; Alexandra Pope, from Douglas; Jean-Paul Blanchard, from St. Stephen; Daniel Murphy, from Rexton; and Nicole Badry, from Heisler, Alberta; and the new pages: Craig Estabrooks, from Saint John; Alison Eustace, from Waterford; Shana O’Brien, from Moncton; and Jessica Strutt, from Pembroke, Ontario.

Mr. C. LeBlanc, Member for Dieppe-Memramcook, laid upon the table of the House a petition signed by residents of the Dieppe and Memramcook area in support of the efforts of Mr. Daniel LeBlanc to restore the Petitcodiac River. (Petition 1)

Mr. Landry, Member for Centre-Péninsule, laid upon the table of the House a petition signed by residents of Évangéline LSD whose priorities include improving Route 345, Route 335, Centre Road, Comeau Road, North Waugh River Bridge, and zero tolerance for heavy transport trucks on Route 345. (Petition 2)

Hon. Mr. Green laid upon the table of the House a document entitled “Report on the Recommendation of the Judicial Remuneration Commission in the matter of an application of Judge Murray F. Cain, July 20, 2005.”


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

The following Bills were introduced and read a fi rst time.

By Hon. Mr. Volpé,

Bill 2, Fiscal Responsibility and Balanced Budget Act.Bill 3, An Act to Amend the New Brunswick Income Tax Act.Bill 4, Tuition Tax Cash Back Credit Act.

By Hon. Mr. Green,

Bill 5, Tobacco Damages and Health Care Costs Recovery Act.Bill 6, Franchises Act.

By Hon. Mr. Fitch,

Bill 7, Energy Effi ciency and Conservation Agency of New Brunswick Act.

By Hon. Mr. Steeves,

Bill 8, An Act to Amend the Film and Video Act.

By Mr. Doherty,

Bill 9, An Act Respecting the Protection of Low-income Occupiers.

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

With leave of the House to dispense with notice, Hon. Mr. Alward moved, seconded by Mr. Armstrong: (Motion 1)

WHEREAS the supply management system for the dairy, chicken, turkey, table egg and hatching egg sectors has provided a marketing model that is equitable for consumers, taxpayers, processors and producers for over thirty years; and

WHEREAS this supply management system is only possible if each of its three pillars, namely import controls, production discipline and producer pricing, remain intact; and

WHEREAS these pillars result in production of these commodities that is scaled to match Canadian demand at prices that meet production costs, thus avoiding fl uctuations in supply and demand characteristic in other countries; and

WHEREAS these sectors contribute signifi cantly and consistently to the economy of New Brunswick, at approximately $150 million at the farm level, with further benefi ts from processing activities clustered in rural areas such as Kings, Northumberland and Madawaska counties;


BE IT RESOLVED THAT the Legislative Assembly of New Brunswick state its unfailing support to supply management and that it call upon the Government of Canada to mandate that its negotiators at the World Trade Organization obtain results that will enable that the central pillars of the supply management system be retained.

And the question being put, a debate ensued.

And the debate being ended, and the question being put, it was resolved in the affi rmative.

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

Mr. S. Graham gave Notice of Motion 2 that on Tuesday, December 13, 2005, he would move the following resolution, seconded by Mr. Boudreau.

WHEREAS subsection 3(2) of the Child and Youth Advocate Act states that the Lieutenant Governor-in-Council ‘shall’ appoint a Child and Youth Advocate;

WHEREAS governments should follow the law;

BE IT THEREFORE RESOLVED that the Legislative Assembly call upon the government to appoint a Child and Youth Advocate by January 31, 2006.

Ms. Robichaud gave Notice of Motion 3 that on Tuesday, December 13, 2005, she would move the following resolution, seconded by Mr. Lamrock:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research between January 1, 2005 and November 30, 2005 pertaining to changes in pay-bands or other remuneration in the schools, School Boards and education districts in New Brunswick.

Mr. Murphy gave Notice of Motion 4 that on Tuesday, December 13, 2005, he would move the following resolution, seconded by Mr. Lamrock:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis


and research pertaining to education fi nancing in New Brunswick exchanged or held by the Department of Education, the Department of Finance and education districts.

Mr. Targett gave Notice of Motion 5 that on Tuesday, December 13, 2005, he would move the following resolution, seconded by Mr. Lamrock:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research between the Offi ce of Human Resources and the Department of Finance, Executive Council and/or the Department of Education regarding payband adjustments in the Department of Education.

Mr. Kennedy gave Notice of Motion 6 that on Tuesday, December 13, 2005, he would move the following resolution, seconded by Mr. Jamieson:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research to or from NB Power and/or the Department of Energy regarding the NB Power Defoliant Spraying Program during 1965-1970 timeframe from June 2003 until present.

Mr. Kennedy gave Notice of Motion 7 that on Tuesday, December 13, 2005, he would move the following resolution, seconded by Mr. Jamieson:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research from the Department of Energy or the then NB Power Corporation pertaining to the NB Power Defoliant Program during the 1965-1970 timeframe including the names of all individuals who were employed with this program as full-time, part-time, casual or summer students; as well as the names of all defoliant agents used and the location of their usage in the Province of New Brunswick.

Mr. Paulin gave Notice of Motion 8 that on Tuesday, December 13, 2005, he would move the following resolution, seconded by Mr. Branch:


That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research between April 1, 2004 and December 7, 2005 pertaining to the authorization of the export of wood from Crown Lands.

Mr. Paulin gave Notice of Motion 9 that on Tuesday, December 13, 2005, he would move the following resolution, seconded by Mr. Branch:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research between April 1, 2004 and December 7, 2005 pertaining to the budget of the Restigouche River cleanup.

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

RESOLVED that John Betts, Member for the electoral district of Moncton Crescent, be appointed Deputy Speaker.

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

RESOLVED, that when the Assembly adjourns on December 23, 2005, it stand adjourned until Tuesday, March 28, 2006, provided always that if it appears to the satisfaction of Mr. Speaker, after conclusion with the Government, that the public interest requires that the House should meet at an earlier time during the adjournment, Mr. Speaker may give notice that he is so satisfi ed and in such notice shall state a time at which the House shall meet, and thereupon the House shall meet at the time so stated and shall transact its business as if it has been duly adjourned to that time, and

THAT in the event of Mr. Speaker being unable to act owing to illness or other cause, either of the Deputy Speakers shall act in his stead for the purpose of this order.

Mr. Speaker put the question and a debate ensued.

And the debate being ended and the question being put, the House divided as follows:

YEAS - 27

Hon. Ms. Blaney Mr. Sherwood Mr. HuntjensHon. E. Robichaud Hon. Mr. Steeves Ms. FowlieHon. Mr. Mesheau Hon. Ms. Dubé Mr. Malley


Hon. Mr. Volpé Hon. Ms. Poirier Mr. WilliamsHon. Mr. Lord Hon. Mr. Ashfi eld Mr. CarrHon. Mr. Green Hon. Mr. Fitch Mr. MacDonaldHon. D. Graham Hon. Mr. Holder Mr. StilesHon. Mr. Mockler Hon. P. Robichaud Mr. BettsHon. Ms. MacAlpine-Stiles Hon. Mr. Alward Mr. C. LeBlanc

NAYS - 27

Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. Boudreau

There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the affi rmative and delivered the following statement:

STATEMENT

On occasion, and according to any other traditions that people like to throw from time to time, the Speaker has the privilege to make a decision. On this particular motion, this motion was put forward in keeping with the traditions of Christmas adjournment and the ability of the government to come back at a later time with a budget, which allows the government to continue its business, and the fact that is part of the tradition of this House, as well.

In addition, there is an opportunity for this House to resume at any time between the Christmas adjournment and the time set. Therefore, in this particular case and on this particular motion, I am voting in the affi rmative and allowing it to stand as carried.



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

Annual Reports

Atlantic Lottery Corporation 2004-2005 July 21, 2005New Brunswick Investment Management Corporation 2004-2005 August 12, 2005New Brunswick Advisory Council on Seniors 2004-2005 August 22, 2005New Brunswick Liquor Corporation 2005 September 7, 2005New Brunswick Securities Commission 2004-2005 September 27, 2005Natural Resources 2004-2005 October 3, 2005Research and Productivity Council 2004-2005 October 19, 2005Premier’s Council on the Status of Disabled Persons 2004-2005 October 25, 2005New Brunswick Power Holding Corporation 2004-2005 October 26, 2005New Brunswick System Operator 2004-2005 October 26, 2005New Brunswick Highway Corporation 2004-2005 October 28, 2005New Brunswick Advisory Council on Youth 2004-2005 October 28, 2005Offi ce of Human Resources 2004-2005 October 28, 2005Labour and Employment Board 2004-2005 October 31, 2005Transportation 2004-2005 October 31, 2005New Brunswick Municipal Finance Corporation 2004 October 31, 2005Public Safety, 2004-2005 November 2, 2005Le Centre communautaire Sainte-Anne 2004-2005 November 7, 2005New Brunswick Forest Products Commission 2004-2005, November 14, 2005New Brunswick Advisory Council on the Status of Women November 16, 2005NB Power Group 2004-2005 November 18, 2005Lotteries Commission of New Brunswick 2004-2005 December 2, 2005Department of Finance 2004-2005 December 2, 2005Council of Atlantic Premiers 2003-2004 December 6, 2005Training and Employment Development 2004-2005 December 7, 2005Culture and Sport Secretariat 2004-2005 December 7, 2005


OTHER

Report of the Auditor General of New Brunswick - Volume 1 - 2005 August 10, 2005Trends in Maritime Higher Education - Five Years After University Graduation: Status of the Maritime Class of 1999 in 2004 - Survey Highlights November 9, 2005A Proposed Electoral Map for New Brunswick - Preliminary Report of the Electoral Boundaries and Representation Commission and Map November 21, 2005A Report by the Minister of Finance on Members’ Expenses pursuant to section 30(3) of the Legislative Assembly Act November 22, 2005Public Disclosure Statements fi led pursuant to subsection 20(7) of the Members’ Confl ict of Interest Act November 25, 2005Public Accounts for the fi scal year ended 31 March 2005 - Volume 1 - Financial Statements December 1, 2005


Thursday, December 8, 2005.

1 o’clock p.m.

Prayers.

It was agreed by unanimous consent that all Bills standing on the Order and Notice Paper for second reading be stood until the next sitting day.

The Order of the Day being read that the House proceed to take into further consideration the proposed Address in reply to His Honour’s speech at the opening of the session,

The Assembly resumed the adjourned debate on the proposed motion of Mr. Stiles, seconded by Mr. Williams:

THAT the following address be presented to His Honour the Lieutenant-Govenor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely:

Fredericton, N.B.December 6, 2005.

To His Honour,The Honourable Herménégilde Chiasson,Lieutenant-Governor of the Province of New Brunswick.

May It Please Your Honour:

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

And the debate continuing,

After some time, Mr. S. Graham moved in amendment, seconded by Mr. Lamrock.

That the Motion for an Address in Reply to the Speech from the Throne be amended by deleting the period after the word “consideration” and adding the following:

AMENDMENT

“ ;and we further urge Your Honour’s advisors to consider the inclusion of the following measures, as proposed by the Leader of the Opposition,


• By February 1, 2006, government will announce quantifi able wood supply targets.

• The 2006-07 budget will contain investment tax credits which allow accelerated depreciation of capital investments in mills.

• By March 31, 2006, government will have in place a new procedure that protects rural schools and enact legislation that allows for community schools.

• By September 1, 2006, government will establish guidelines to ensure 150 minutes a week of physical education for all New Brunswick elementary school students.

• By September 1, 2006, there will be a new funding formula for school libraries that allows them to meet the staffi ng and resource levels established in the Right to Read Act.

• Within 30 days of receipt of the MacKay Commission report, government will announce a new funding formula for district education councils.

• By April 30, 2006, government will announce a rural economic development strategy.

• By May 15, 2006, government will announce a rural arts and tourism strategy aimed at keeping young and emerging artists in their communities.

• By May 31, 2006, government will table legislation that will establish clear alternative energy development targets and establish research and development sites for alternative energy research and production.

• By May 31, 2006, government will work with the New Brunswick Innovation Foundation to fund alternative energy research infrastructure and graduate student research in our universities.

• By May 31, 2006, government will present a plan with clear targets and timelines for implementing demand side management measures including time-of-day savings.

• By March 31, 2006, government will announce a plan for stable energy costs for New Brunswick industry.

• By January 15, 2006, government will announce a long-term plan to help working New Brunswick families deal with the rising cost of electricity and home heating.

• In the next budget, your government will legislate a new tax credit for angel investors in knowledge-industry companies.

• That budget will also allow for more generous depreciation of telecommunications equipment.

• By June 30, 2006, government will develop a New Brunswick innovation investment strategy with clear legislative targets


established for the New Brunswick Innovation Foundation and the New Brunswick Investment Management Corporation.

• In this capital budget, government will provide clear phases and delivery dates for the upgrading of Routes 8, 11 and 17.

• By February 28, 2006, a written proposal for federal funding, with faster delivery dates, will be provided to the federal Minister of Transportation.

• By April 30, 2006, government will establish a recruitment and retention offi ce for international students.

• By June 30, 2006, government will enact legislation establishing a process to recognize foreign credentials, skills and training of New Canadians.

• Government will create every new New Brunswick Community College space the Prosperity Plan says we need to create in community colleges.

• By September 1, 2006, your government will conduct an independent review of the Workplace Health, Safety and Compensation Commission.

• By February 1, 2006, government will announce our plans for the new federal child care cash which will ensure that our fi rst priority is eliminating waiting lists for quality, developmental child care for New Brunswick parents.

• By February 1, 2006, government will present a clear timeline, budget and guidelines for the pre-kindergarten school readiness program.

• By December 31, 2005, government will present benchmarks to show that we have reduced waiting times for surgery and other critical services.

• By April 1st, 2006 government will present care strategy for those living with chronic conditions

• By April 15, 2006, government will announce a new formula for nursing home care that emphasizes income, not assets.

• By June 30, 2006, government will announce new guidelines for in-home support for aging parents of adult children with disabilities.

• Government will match any federal monies for cleanup of Saint John Harbour.

• Government will match any federal monies for cleanup of the Petitcodiac River.

• Government further commits that promised action on brown fi elds will occur by May 31,2006.


Mr. Speaker having called the Members to order, requested and was granted permission to dispense with rereading the amendment, and the debate was, on motion of Hon. Ms. Dubé, adjourned over.


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

Family and Community Services 2004-2005 December 7, 2005Business New Brunswick 2005-2005 December 7, 2005Maritime Provinces Higher Education Commission - R&D Funding in Atlantic Universities - November 2005 December 7, 2005


Friday, December 9, 2005.10 o’clock a.m.

Prayers.

Mr. Doucet, Member for Charlotte, laid upon the table of the House a petition signed by residents of Charlotte County in support of keeping Emergency Room/Outpatient Services at Charlotte County Hospital open 7 days a week, 24 hours a day. (Petition 3)

Following Oral Questions, Mr. Lamrock stood on a point of order and claimed that the Member for Petitcodiac had used the term “deliberately mislead the House” which was unparliamentary.

Mr. Speaker stated that the term “deliberately mislead the House” had been ruled unparliamentary and Mr. Stiles withdrew the offending remark.


By Hon. Mr. Ashfi eld,

Bill 10, An Act to Amend the Crown Lands and Forests Act. Bill 11, An Act to Amend the Crown Lands and Forests Act. Bill 12, An Act to Amend the Forest Products Act.

By Hon. Ms. Blaney,

Bill 13, An Act to Amend the Occupational Health and Safety Act. Bill 14, An Act to Amend the Industrial Relations Act.

By Hon. Mr. Holder,

Bill 15, An Act to Amend the Clean Environment Act. Bill 16, An Act to Amend the Clean Environment Act.


Mr. Burke gave Notice of Motion 10 that on Thursday, December 15, 2005, he would move the following resolution, seconded by Mr. S. Graham.

WHEREAS 65,000 women and children immigrated to Canada during and following the Second World War;

WHEREAS the immigration to Canada of such a unique group of women and children is unprecedented in Canadian history;

WHEREAS nearly one in 30 Canadians can proudly say they have a War Bride in their family tree;

WHEREAS 2006 is the 60th anniversary of the arrival of the majority of War Brides in Canada at Pier 21 in Halifax;


BE IT RESOLVED that this Legislature offi cially recognize 2006 as the Year of the War Bride.

Mr. Murphy gave Notice of Motion 11 that on Thursday, December 15, 2005, he would move the following resolution, seconded by Mr. V. Boudreau:

WHEREAS in August 1981 a shooting occurred in the town of Shediac wherein Constable Clarence Bourque was shot fi ve times;

AND WHEREAS a question has arisen with regard to the appropriateness, thoroughness and direction of the investigation by the then town of Shediac police and the royal Canadian Mounted Police; and further said investigation has never offi cially been closed and the public have received no satisfactory response from the RCMP and the New Brunswick Department of Justice;

BE IT RESOLVED that a debate be held in this Legislative Assembly as to the ordering of the formation of a Commission of Inquiry under Section 2 of the Inquiries Act to determine whether administration of Justice has been brought into disrepute by any inadequate investigation as above noted.

Mr. R. Boudreau gave Notice of Motion 12 that on Thursday, December 15, 2005, he would move the following resolution, seconded by Mr. V. Boudreau:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research pertaining to the Department of Family and Community Services’ plan concerning residential services for people with autism.

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

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

The Order being read for second reading of Bill 2, Fiscal Responsibility and Balanced Budget Act, a debate arose thereon.

And after some time, Mr. Murphy moved in amendment, seconded by Mr. Lamrock:


AMENDMENT

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

Bill 2, Fiscal Responsibility and Balanced Budget Act, be not now read a second time but that the Order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments.

Mr. Speaker put the question and a debate ensued.


YEAS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. Boudreau

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

There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative and delivered the following statement:

STATEMENT

Considering that there is a tie, it will be up to the House to decide to refer a Bill to the Standing Committee on Law Amendments, not up to the Speaker. I feel that, in casting my vote, I will be voting to allow the Bill to continue in second reading. Therefore, the amendment is defeated, and the Bill will continue in its process of second reading.


And the question being put that Bill 2, Fiscal Responsibility and Balanced Budget Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 2, Fiscal Responsibility and Balanced Budget Act, was read a second time and ordered referred to the Committee of the Whole House.

At 12:37 o’clock p.m. Mr. Speaker left the chair to resume again at 1 o’clock p.m.

1 o’clock p.m.

Mr. Speaker resumed the chair.

The Order being read for second reading of Bill 3, An Act to Amend the New Brunswick Income Tax Act, a debate arose theron.

And the debate being ended and the question being put that Bill 3, An Act to Amend the New Brunswick Income Tax Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 3, An Act to Amend the New Brunswick Income Tax Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 4, Tuition Tax Cash Back Credit Act, a debate arose theron.

And the debate being ended and the question being put that Bill 4, Tuition Tax Cash Back Credit Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 4, Tuition Tax Cash Back Credit Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 5, Tobacco Damages and Health Care Costs Recovery Act, a debate arose theron.

And the debate being ended and the question being put that Bill 5, Tobacco Damages and Health Care Costs Recovery Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 5, Tobacco Damages and Health Care Costs Recovery Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 6, Franchises Act, a debate arose thereon.


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

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

Bill 6, Franchises Act, be not now read a second time but that the Order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments.

Mr. Speaker put the question on the amendment and it was resolved in the affi rmative.

The Order being read for second reading of Bill 7, Energy Effi ciency and Conservation Agency of New Brunswick Act, a debate arose theron.

And the debate being ended and the question being put that Bill 7, Energy Effi ciency and Conservation Agency of New Brunswick Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 7, Energy Effi ciency and Conservation Agency of New Brunswick Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 8, An Act to Amend the Film and Video Act, a debate arose theron.

And the debate being ended and the question being put that Bill 8, An Act to Amend the Film and Video Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 8, An Act to Amend the Film and Video Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 9, An Act Respecting the Protection of Low-Income Occupiers, a debate arose theron.

And the debate being ended and the question being put that Bill 9, An Act Respecting the Protection of Low-Income Occupiers, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 9, An Act Respecting the Protection of Low-Income Occupiers, was read a second time and ordered referred to the Committee of the Whole House.

The Order of the Day being read that the House proceed to take into further consideration the amendment to the proposed Address in Answer to His Honour’s speech at the opening of the session,


And the debate continuing,

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

And after some time, Mr. Betts took the chair as Acting Speaker.

And after some time, Mr. C. LeBlanc resumed the chair.

And after some further time, Hon. Mr. Green moved, on behalf of Mr. C. LeBlanc, the adjournment of the debate on the amendment to the proposed Address in Answer to His Honour’s speech at the opening of the session.



Tuesday, December 13, 2005.1 o’clock p.m.

Prayers.

Ms. Robichaud, Member for Miramichi Bay, laid upon the table of the House a petition requesting that the government confi rm summer and winter maintenance of de l’Étang Street in Brantville and school bus routes for students living on this street. (Petition 4)

Hon. Ms. Blaney laid upon the table of the House a document entitled Lifelong Learning, Quality Adult Learning Opportunities, Policy Statement on Adult and Lifelong Learning, Part of the Quality Learning Agenda, 2002-2012.


By Hon. Mr. Mockler,

Bill 17, An Act to Amend the Land Titles Act.

By Hon. Mr. Steeves,

Bill 18, An Act to Amend An Act to Amend the Motor Vehicle Act.Bill 19, An Act to Amend the Motor Vehicle Act.

By Hon. Mr. Volpé,

Bill 20, An Act to Amend the Provincial Loans Act.

By Hon. P. Robichaud,

Bill 21, An Act to Amend the Shortline Railways Act.

By Hon. Ms. MacAlpine-Stiles,

Bill 22, An Act to Amend the Kings Landing Corporation Act.

By Mr. V. Boudreau,

Bill 23, An Act Respecting the Regional Health Authorities Act.


Mr. Jamieson gave Notice of Motion 13 that on Tuesday, December 20, 2005, he would move the following resolution, seconded by Mr. S. Graham.

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research between June 7, 1999, and December 13, 2005, pertaining


to all applications that have been made by the Department of the Environment and Local Government for infrastructure funding with the Federal Government and environmental projects that have been funded since June 7, 1999.

Mr. Albert gave Notice of Motion 14 that on Tuesday, December 20, 2005, he would move the following resolution, seconded by Mr. Landry:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the number of births per month between April 1, 2003, and the end of November 2005, by local service district, village, town or city served by the Acadie-Bathurst Health Authority.

Mr. Haché gave Notice of Motion 15 that on Tuesday, December 20, 2005, he would move the following resolution, seconded by Mr. S. Graham:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, hand-written notes, reports, analysis and research between June 7, 2003, and December 13, 2005, between Business New Brunswick or any other government department and Research in Motion.

Mr. Lamrock gave Notice of Motion 16 that on Tuesday, December 20, 2005, he would move the following resolution, seconded by Mr. Brewer:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all documents, e-mails, correspondence, reports related to a request by the Government of New Brunswick to the Government of Canada to amend the agreed route for the project known as the “Marysville By-Pass.”

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

The Order being read for second reading of Bill 10, An Act to Amend the Crown Lands and Forests Act, a debate arose theron.


And the debate being ended and the question being put that Bill 10, An Act to Amend the Crown Lands and Forests Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 10, An Act to Amend the Crown Lands and Forests Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 11, An Act to Amend the Crown Lands and Forests Act, a debate arose theron.

And the debate being ended and the question being put that Bill 11, An Act to Amend the Crown Lands and Forests Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 11, An Act to Amend the Crown Lands and Forests Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 12, An Act to Amend the Forest Products Act, a debate arose theron.

And the debate being ended and the question being put that Bill 12, An Act to Amend the Forest Products Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 12, An Act to Amend the Forest Products Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 13, An Act to Amend the Occupational Health and Safety Act, a debate arose theron.

And the debate being ended and the question being put that Bill 13, An Act to Amend the Occupational Health and Safety Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 13, An Act to Amend the Occupational Health and Safety Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 14, An Act to Amend the Industrial Relations Act, a debate arose theron.

And the debate being ended and the question being put that Bill 14, An Act to Amend the Industrial Relations Act, be now read a second time, it was resolved in the affi rmative.

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


The Order being read for second reading of Bill 15, An Act to Amend the Clean Environment Act, a debate arose theron.

And the debate being ended and the question being put that Bill 15, An Act to Amend the Clean Environment Act, be now read a second time, it was resolved in the affi rmative.

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

The Order being read for second reading of Bill 16, An Act to Amend the Clean Environment Act, a debate arose theron.

And the debate being ended and the question being put that Bill 16, An Act to Amend the Clean Environment Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 16, An Act to Amend the Clean Environment Act, was read a second time and ordered referred to the Committee of the Whole House.

Pursuant to Notice of Motion 2, Mr. S. Graham, seconded by Mr. R. Boudreau, moved the following resolution:

WHEREAS subsection 3(2) of the Child and Youth Advocate Act states that the Lieutenant-Governor in Council ‘shall’ appoint a Child and Youth Advocate;

WHEREAS governments should follow the law;

BE IT THEREFORE RESOLVED that the Legislative Assembly call upon the government to appoint a Child and Youth Advocate by January 31, 2006.


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

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


YEAS - 26

Mr. McGinley Mr. Albert Mr. ForanMr. Jamieson Mr. Ouellette Mr. KennedyMr. MacIntyre Ms. Robichaud Mr. A. LeBlancMr. Allaby Mr. Lamrock Mr. PaulinMr. S. Graham Mr. Targett Mr. Doucet


Mr. Haché Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauMr. Doherty Mr. Arseneault

NAYS - 26Hon. Ms. Blaney Mr. Sherwood Ms. FowlieHon. 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. Ashfi eld Mr. MacDonaldHon. Mr. Green Hon. Mr. Fitch Mr. StilesHon. D. Graham Hon. Mr. Holder Mr. BettsHon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlancHon. MacAlpine-Stiles Mr. Huntjens

There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative and delivered the following statement:

STATEMENTThe Clerk has announced that there is an equality of votes for and against the resolution. A guiding principle in exercising a casting vote on a Private Member’s Motion or resolution is that where there is no further discussion, or no further discussion is possible, an important decision should be taken by a majority. As the House cannot reach a majority decision on this resolution, I regret that I must vote against the resolution, and therefore, I am casting my vote in the negative. The resolution is lost.

Accordingly, Motion 2 was negatived.


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


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

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


Wednesday, December 14, 2005.10 o’clock a.m.

Prayers.

Mr. Kenny, Member for Bathurst, laid upon the table of the House a petition signed by citizens of the Bathurst area who request that the government implement the recommendations of the Ombudsman and those of the Coalition for Nursing Home Rights and fi nance nursing home care under the Medicare Act. (Petition 5)

Ms. Robichaud, Member for Miramichi Bay, laid upon the table of the House a petition urging the government to designate the Winston Road in Oak Point for maintenance. (Petition 6)

Mr. Haché gave Notice of Motion 17 that on Thursday, December 22, 2005, he would move the following resolution, seconded by Mr. Paulin:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the names and locations of all outfi tters who operate within clusters on Crown land from June 7, 1999, to December 14, 2005;

The specifi c geographical location and name of those clusters;

The date those licences were issued;

The names of all the people listed on those operating licences, along with all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, handwritten notes, reports, analysis and research relevant to the approval of the foregoing.

Mr. S. Graham gave Notice of Motion 18 that on Thursday, December 22, 2005, he would move the following resolution, seconded by Mr. V. Boudreau:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the plan that the Minister of Health and Wellness referred to during Question Period of December 14, 2005, for dealing with a pandemic infl uenza outbreak.

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


Mr. Speaker reverted to the Order of Notices of Motions.

Hon. Mr. Volpé gave Notice of Motion 19 that on Tuesday, December 20, 2005, he would move the following resolution, seconded by the Honourable the Premier:

THAT this House approves in general the capital budgetary policy of the government.

The Order being read for second reading of Bill 17, An Act to Amend the Land Titles Act, a debate arose theron.

And the debate being ended and the question being put that Bill 17, An Act to Amend the Land Titles Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 17, An Act to Amend the Land Titles Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 18, An Act to Amend An Act to Amend the Motor Vehicle Act, a debate arose theron.

And the debate being ended and the question being put that Bill 18, An Act to Amend An Act to Amend the Motor Vehicle Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 18, An Act to Amend An Act to Amend the Motor Vehicle Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 19, An Act to Amend the Motor Vehicle Act, a debate arose theron.

And the debate being ended and the question being put that Bill 19, An Act to Amend the Motor Vehicle Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 19, An Act to Amend the Motor Vehicle Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 20, An Act to Amend the Provincial Loans Act, a debate arose theron.

And the debate being ended and the question being put that Bill 20, An Act to Amend the Provincial Loans Act, be now read a second time, it was resolved in the affi rmative.


Accordingly, Bill 20, An Act to Amend the Provincial Loans Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 21, An Act to Amend the Shortline Railways Act, a debate arose theron.

And the debate being ended and the question being put that Bill 21, An Act to Amend the Shortline Railways Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 21, An Act to Amend the Shortline Railways Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 22, An Act to Amend the Kings Landing Corporation Act, a debate arose theron.

And the debate being ended and the question being put that Bill 22, An Act to Amend the Kings Landing Corporation Act, be now read a second time, it was resolved in the affi rmative.

Accordingly, Bill 22, An Act to Amend the Kings Landing Corporation Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 23, An Act Respecting the Regional Health Authorities Act, a debate arose theron.

And the debate being ended and the question being put that Bill 23, An Act Respecting the Regional Health Authorities Act, be now read a second time, the House divided as follows:

YEAS - 26

Mr. McGinley Mr. Albert Mr. ForanMr. Jamieson Mr. Ouellette Mr. KennedyMr. MacIntyre Ms. Robichaud Mr. A. LeBlancMr. Allaby Mr. Lamrock Mr. PaulinMr. S. Graham Mr. Targett Mr. DoucetMr. Haché Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauMr. Doherty Mr. Arseneault

NAYS - 26Hon. Ms. Blaney Mr. Sherwood Ms. FowlieHon. E. Robichaud Hon. Mr. Steeves Mr. Malley


Hon. Mr. Mesheau Hon. Ms. Dubé Mr. WilliamsHon. Mr. Volpé Hon. Ms. Poirier Mr. CarrHon. Mr. Lord Hon. Mr. Ashfi eld Mr. MacDonaldHon. Mr. Green Hon. Mr. Fitch Mr. StilesHon. D. Graham Hon. Mr. Holder Mr. BettsHon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlancHon. MacAlpine-Stiles Mr. Huntjens

There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative.

Accordingly, the motion that Bill 23 be now read a second time was negatived on the casting vote of the Speaker.

Mr. S. Graham rose on a point of order and requested that the Speaker give reasons for casting his vote in the negative, given parliamentary tradition and precedent established in the Legislatures of the Commonwealth with respect to casting votes by Speakers.

Hon. Mr. Green spoke on the point of order and submitted that the point of order amounted to a challenge of the Speaker’s decision.

Mr. Speaker advised that he was not required to give reasons for his vote, although he did not view the point of order as questioning the authority of the Speaker.


Mr. Speaker declared it to be 12.30 o’clock p.m., and left the chair, to resume again at 2 o’clock p.m.

2 o’clock p.m.

Due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.

And after some time, Mr. C. LeBlanc took the chair.

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


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



Thursday, December 15, 2005.1 o’clock p.m.

Prayers.Ms. Robichaud, Member for Miramichi Bay, laid upon the table of the House a petition signed by citizens of the Beaverbrook area urging the government to provide them access to the new highway on the Miramichi. (Petition 7)

Ms. Robichaud, Member for Miramichi Bay, laid upon the table of the House a petition urging the government to designate the Gum Road in Bartibog Bridge for maintenance. (Petition 8)

Pursuant to subsection 16(2) of the Auditor General Act, Mr. Speaker laid upon the table of the House the Auditor’s Report on the Accounts of the Auditor General of the Province of New Brunswick for the fiscal year ended 31 March 2005.

The following Bill was introduced and read a first time.By Mr. Murphy,

Bill 24, An Act to Amend the New Brunswick Investment Management Corporation Act.

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

Mr. Albert gave Notice of Motion 20 that on Thursday, December 22, 2005, he would move the following resolution, seconded by Mr. Landry:That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the House all information about the creation of a geographical names board, including memos, reports, faxes, minutes of meetings, etc., from April 1, 2003, to November 30, 2004.

Mr. Murphy gave Notice of Motion 21 that on Thursday, December 22, 2005, he would move the following resolution, seconded by Mr. Lamrock:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House a copy of all expenses including copies of invoices, receipts, etc., from January 1, 2004, to December 1, 2005, for the Minister of Intergovernmental and International Relations, Minister responsible for Service New Brunswick, and Minister responsible for the Culture and Sport Secretariat.


Mr. Murphy gave Notice of Motion 22 that on Thursday, December 22, 2005, he would move the following resolution, seconded by Mr. Lamrock:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House a copy of all flight logs from the government plane from January 1, 2004, to December 1, 2005.

Mr. V. Boudreau gave Notice of Motion 23 that on Thursday, December 22, 2005, he would move the following resolution, seconded by Mr. Paulin:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all existing contracts signed between the Government of New Brunswick and all active ambulance service providers since June 2003; and all existing contracts signed between the active ambulance service providers and their employees since June 2003.

Mr. Lamrock gave Notice of Motion 24 that on Tuesday, December 20, 2005, he would move the following resolution, seconded by Mr.Murphy:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all documents, e-mails, correspondence, reports related to the approval of certifyonline.com, or the registered owner of that domain name, as an adult training facility.

It was agreed by unanimous consent that the Bill introduced earlier in the sitting (Bill 24) and ordered for second reading the next sitting day, be deferred until Tuesday next.

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

Pursuant to Notice of Motion 10, Mr. Burke, seconded by Mr. S. Graham, moved the following resolution:WHEREAS 65,000 women and children immigrated to Canada during and following the Second World War;WHEREAS the immigration to Canada of such a unique group of women and children is unprecedented in Canadian history;


WHEREAS nearly one in 30 Canadians can proudly say they have a War Bride in their family tree;WHEREAS 2006 is the 60th anniversary of the arrival of the majority of War Brides in Canada at Pier 21 in Halifax;BE IT RESOLVED that this Legislature officially recognize 2006 as the Year of the War Bride.And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some time, Mr. C. LeBlanc took the chair.And the debate being ended and the question being put, Motion 10 was resolved in the affirmative.

The Order of the Day being read that the House proceed to take into further consideration the amendment to the proposed Address in Answer to His Honour’s speech at the opening of the session,And the debate continuing, after some time, on motion of Hon. Mr. Green, on behalf of the Honourable the Premier, the debate was adjourned over.


The following document, having been deposited with the Clerk of the House, was deemed laid upon the table of the House pursuant to Standing Rule 39:Maritime Provinces Higher Education Commission Annual Report 2004-2005 December 14, 2005



Prayers.The Order of the Day being read that the House proceed to take into further consideration the amendment to the proposed Address in answer to His Honour’s speech at the opening of the session,The Assembly resumed the adjourned debate on the proposed amendment of Mr. S. Graham, seconded by Mr. Lamrock,And after some time, the debate being ended, and the question being put, a recorded division was requested. It was agreed by unanimous consent to dispense with the ringing of the Bells. The House divided as follows:

YEAS - 26Mr. McGinley Mr. Albert Mr. ForanMr. Jamieson Mr. Ouellette Mr. KennedyMr. MacIntyre Ms. Robichaud Mr. A. LeBlancMr. Allaby Mr. Lamrock Mr. PaulinMr. S. Graham Mr. Targett Mr. DoucetMr. Haché Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauMr. Doherty Mr. Arseneault

NAYS - 26Hon. Ms. Blaney Mr. Sherwood Ms. FowlieHon. 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. Mr. Holder Mr. BettsHon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlancHon. MacAlpine-Stiles Mr. HuntjensThere being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative and delivered the following statement:

STATEMENTThe Clerk has announced that there is an equality of votes for and against the amendment. On the amendment to a throne speech debate, the Speaker is not in a position to alter the government’s program or direction. I cast my vote in the negative and thus declare the amendment defeated.


Mr. Speaker put the question on the proposed motion of Mr. Stiles, seconded by Mr. Williams:THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely:


To His Honour,The Honourable Herménégilde Chiasson,Lieutenant-Governor of the Province of New Brunswick. May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration.And after some time, the debate being ended, and the question being put, a recorded division was requested. It was agreed by unanimous consent to dispense with the ringing of the Bells. The House divided as follows:

YEAS - 26Hon. Ms. Blaney Mr. Sherwood Ms. FowlieHon. 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. Mr. Holder Mr. BettsHon. Mr. Mockler Hon. P. Robichaud Mr. C. LeBlancHon. MacAlpine-Stiles Mr. Huntjens

NAYS - 26Mr. McGinley Mr. Albert Mr. ForanMr. Jamieson Mr. Ouellette Mr. KennedyMr. MacIntyre Ms. Robichaud Mr. A. LeBlancMr. Allaby Mr. Lamrock Mr. PaulinMr. S. Graham Mr. Targett Mr. DoucetMr. Haché Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauMr. Doherty Mr. Arseneault


There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the affirmative and declared the motion carried.Accordingly, the motion for an Address in Reply to the Speech from the Throne was agreed to without amendment on the casting vote of the Speaker.

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



Tuesday, December 20, 2005.1 o’clock p.m.

Prayers.Mr. Huntjens paid tribute to the memory of a former Progressive Conservative MLA for Charlotte County, DeCosta Young (1967-1978). Mr. Allaby joined with Mr. Huntjens in this regard.

Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition urging the government to keep Rendez-vous-des-Jeunes School in Saint-Arthur open for a number of reasons including travel safety and distance, weather conditions, structural condition, space, location, extracurricular activities, and impact on the tax base. (Petition 9)

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


His Honour the Lieutenant-Governor transmits the Capital Estimates for the year ending March 31, 2007, and the Supplementary Estimates 2004-2005 Volume III, and the Supplementary Estimates 2005-2006 Volume I, required for the services of the province, not otherwise provided for, and in accordance with the provisions of the Constitution Act, 1867, recommends these estimates to the House.

(Sgd.:) Honourable Herménégilde Chiasson.Lieutenant-Governor.

Hon. Mr. Holder laid upon the table of the House a document entitled Report of the Task Force for Responsible Pet Ownership, December 2005.

The following Bill was introduced and read a first time.By Hon. Ms. MacAlpine-Stiles,

Bill 25, An Act to Amend the Child and Youth Advocate Act.


Ms. Robichaud gave Notice of Motion 25 that on Tuesday, December 26, 2005, she would move the following resolution, seconded by Mr. Lamrock:


That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research pertaining to the tracking of students with learning disabilities in the francophone school system.

Mr. R. Boudreau gave Notice of Motion 26 that on Tuesday, December 26, 2005, he would move the following resolution, seconded by Mr. V. Boudreau:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research pertaining to the existence of contingency plans in the case of a strike regarding both nursing homes and home care workers.

Mr. S. Graham gave Notice of Motion 27 that on Tuesday, December 26, 2005, he would move the following resolution, seconded by Mr. V. Boudreau:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research between the Department of Health and Wellness and the Regional Health Authorities pertaining to the transition of public health care workers and mental health workers to the provincial government since November 1, 2002.

Hon. Mr. Green, Government House Leader, announced that following second reading and Private Members’ Motions, it was the intention of government that the House take into consideration Motion 19, following which the House would resolve itself into a Committee of the Whole to consider legislation; namely, Bills 7, 3 and 4.

The Order being read for second reading of Bill 24, An Act to Amend the New Brunswick Investment Management Corporation Act, a debate arose theron.And the debate being ended and the question being put that Bill 24, An Act to Amend the New Brunswick Investment Management Corporation Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 24, An Act to Amend the New Brunswick Investment


Management Corporation Act, was read a second time and ordered referred to the Committee of the Whole House.

Pursuant to Notice of Motion 11, Mr. Murphy, seconded by Mr. V. Boudreau, moved the following resolution:WHEREAS in August 1981 a shooting occurred in the town of Shediac wherein Constable Clarence Bourque was shot five times;AND WHEREAS a question has arisen with regard to the appropriateness, thoroughness and direction of the investigation by the then town of Shediac police and the Royal Canadian Mounted Police; and further said investigation has never officially been closed and the public have received no satisfactory response from the RCMP and the New Brunswick Department of Justice;BE IT RESOLVED that a debate be held in this Legislative Assembly as to the ordering of the formation of a Commission of Inquiry under Section 2 of the Inquiries Act to determine whether administration of Justice has been brought into disrepute by any inadequate investigation as above noted.And the question being put, a debate ensued.And after some time, Hon. Mr. Green, seconded by Hon. Mr. Steeves, moved in amendment:

AMENDMENTTHAT Motion 11 be amended by:Deleting the resolution clause and replacing it with:BE IT RESOLVED THAT this House petition the Minister of Public Safety and Emergency Preparedness Canada to direct the Commission for Public Complaints Against the RCMP to accept Mr. Bourque’s complaint even though this matter took place before the creation of the Commission in 1988.Mr. Speaker put the question on the amendment and it was resolved in the affirmative.Mr. Speaker put the question on Motion 11 as amended as follows:WHEREAS in August 1981 a shooting occurred in the town of Shediac wherein Constable Clarence Bourque was shot five times;AND WHEREAS a question has arisen with regard to the appropriateness, thoroughness and direction of the investigation by the then town of Shediac police and the royal Canadian Mounted Police; and further said investigation has never officially been closed and the public have received no satisfactory response from the


RCMP and the New Brunswick Department of Justice;BE IT RESOLVED THAT this House petition the Minister of Public Safety and Emergency Preparedness Canada to direct the Commission for Public Complaints Against the RCMP to accept Mr. Bourque’s complaint even though this matter took place before the creation of the Commission in 1988.And the question being put, Motion 11 as amended was resolved in the affirmative.

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

It was agreed by unanimous consent to revert to the order of Tabling of Documents. Hon. Mr. Volpé, Minister of Finance, laid upon the table of the House a document entitled “New Brunswick, Canada, Economic and Fiscal Update 2005-2006.”

Pursuant to Notice of Motion 19, Hon. Mr. Volpé moved, seconded by the Honourable the Premier,

THAT this House approves in general the capital budgetary policy of the government.

And the question being put, Hon. Mr. Volpé proceeded to deliver the capital budget speech.

And the debate continuing, after some time, Mr. Lamrock, seconded by Mr. S. Graham, moved in amendment:

AMENDMENT

That Motion 19 be amended by adding after the word “government” the following:

“and that this House urge the government to consider the advisability of adding a clear plan for Route 8 improvements in this fiscal year.”

Mr. Speaker put the question on the amendment and a debate ensued.

And after some time, Mr. Allaby rose on a point of order and submitted that Mr. MacDonald had improperly referred to the absence of a Member from the Chamber. Mr. Speaker ruled the point well taken.

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


Speaker.

And after some time, Mr. Speaker resumed the chair.The debate continued and after some further time, Mr. Speaker interrupted proceedings and announced that the ordinary time of daily adjournment had arrived.



Wednesday, December 21, 2005.10 o’clock a.m.

Prayers.Hon. Mr. Ashfi eld laid upon the table of the House a document entitled State of the Forest Report 2005.

The following Bill was introduced and read a fi rst time.By Hon. Mr. Alward,

Bill 26, An Act to Amend the Aquaculture Act.Ordered that the said Bill be read a second time at the next sitting.

Hon. Mr. Volpé gave Notice of Motion 28 that on Tuesday, March 28, 2006, he would move the following resolution, seconded by the Honourable the Premier:THAT this House approves in general the budgetary policy of the government. (Budget Motion)

Mr. Lamrock gave Notice of Motion 29 that on Tuesday, December 27, 2005, he would move the following resolution, seconded by Mr. Haché:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, handwritten notes, reports, analysis and research related to the approval of the International Business Practice Entrepreneurship College as an adult training facility for eligibility under the Youth Assistance Act.

Mr. Lamrock gave Notice of Motion 30 that on Tuesday, December 27, 2005, he would move the following resolution, seconded by Mr. S. Graham:WHEREAS the government has approved two private colleges to be eligible for public student loans; andWHEREAS innocent New Brunswickers have been hurt by these colleges;BE IT RESOLVED THAT the Legislative Assembly ask the Auditor General to review the approval process for private training institutions.

Mr. Foran gave Notice of Motion 31 that on Tuesday, December 27, 2005, he would move the following resolution, seconded by Mr. Brewer:


That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, handwritten notes, analysis, research and reports pertaining to the investigation that was conducted by Dr. Badley, for the Miramichi Regional Health Authority that was released in 2005 regarding the internal concerns at the Miramichi Regional Hospital following the resignation of Dr. McAvinue.

Mr. V. Boudreau gave Notice of Motion 32 that on Tuesday, December 27, 2005, he would move the following resolution, seconded by Mr. Arseneault:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, handwritten notes, reports, analysis and research since January 1, 2003, pertaining to the tendering process for the Parlee Beach Provincial Park campground, as well as the awarding of any and all contracts for the operations of that campground.

Mr. V. Boudreau gave Notice of Motion 33 that on Tuesday, December 27, 2005, he would move the following resolution, seconded by Mr. Arseneault:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefi ng notes, handwritten notes, reports, analysis and research since January 1, 2005, pertaining to the purchase of the former Gilligan’s Beach Bar and Grill at Parlee Beach Provincial Park by the Government of New Brunswick including but not limited to the purchase and sale agreement and the operational budget of the restaurant for the 2005 season.

Mr. Paulin gave Notice of Motion 34 that on Tuesday, December 27, 2005, he would move the following resolution, seconded by Mr. Arseneault:

That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all information about the possible closure of Le Rendez-vous-des-Jeunes School in Saint-Arthur including memos, reports, faxes, minutes of meetings, etc.


Hon. Mr. Green, Government House Leader, announced that following second reading of Bill 25, the House would resume the adjourned debate on Motion 19, following which the House would resolve itself into a Committee of Supply to consider the Capital Estimates of the Department of Education.

The Order being read for second reading of Bill 25, An Act to Amend the Child and Youth Advocate Act, a debate arose theron.

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

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

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

2 o’clock p.m.

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

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

And the debate being ended and the question being put that Bill 25, An Act to Amend the Child and Youth Advocate Act, be now read a second time, the House divided as follows:

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

NAYS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. Boudreau


There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the affi rmative and the motion was adopted.

Mr. Speaker delivered the following statement:

STATEMENT

The Clerk has informed me that there is an equality of votes on the motion. As a result, I will cast my vote in the affi rmative. The motion and bill are part of government policy and part of its direction, as indicated to the people of New Brunswick. Thus, I declare the motion carried.

Mr. Speaker having been requested by the Leader of the Opposition to give further clarifi cation as to his reasoning, stated as follows:

STATEMENT

On the question of clarifi cation, in the past, I have indicated that it is the Speaker’s prerogative to cast the vote as he or she sees fi t. In this case, as in others, I have done that. I gave a brief rationale in this particular case, because it is an obvious part of the government mandate or policy.

Accordingly, Bill 25, An Act to Amend the Child and Youth Advocate Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order of the Day for resuming the debate on the amendment to the Motion (Motion 19), THAT this House approves in general the capital budgetary policy of the government, proposed by Mr. Lamrock and seconded by Mr. S. Graham, as follows:

AMENDMENTThat Motion 19 be amended by adding after the word “government” the following:“and that this House urge the government to consider the advisability of adding a clear plan for Route 8 improvements in this fi scal year.”The debate was resumed.And the debate being ended and the question being put, the House divided as follows:

YEAS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. Kennedy


Mr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. Boudreau

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

There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative and the amendment was defeated. Mr. Speaker delivered the following statement:

STATEMENTThe Clerk has announced that there is an equality of votes. I will be voting against the amendment in order to maintain the motion in its original form, thus maintaining the status quo. Therefore, I declare the motion lost.

Mr. Speaker put the question on Motion 19, THAT this House approves in general the capital budgetary policy of the government, and it was resolved in the affi rmative.Accordingly, Motion 19 was carried.

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

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc, in the chair.And after some time spent therein, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports reported that the


Committee proceeding in the matter under consideration, had passed the following resolution:RESOLVED, that the Supply be granted to Her Majesty.And he was directed to ask leave to sit again.

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

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

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair.And after some time, Mr. Betts took the chair.And after some further time, Mr. C. LeBlanc resumed the chair.And after some further time spent in Committee of Supply, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed one item, and asked leave to sit again.Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affi rmative.The following is the item reported: CAPITAL ESTIMATES 2006-2007 VotedDEPARTMENT OF EDUCATIONResolved, That there be granted to Her Majesty a sum not exceeding $1,000,000 to defray the expenses of the following program:Public Schools - Capital Equipment .........................................................1,000,000

The said item was concurred in by the House.



Thursday, December 22, 2005.1 o’clock p.m.

Prayers.Mr. Carr, from the Standing Committee on Law Amendments, presented the First Report of the Committee, which was read and is as follows:

December 22, 2005.To The HonourableThe Legislative Assembly ofThe Province of New Brunswick.Mr. Speaker:I have the pleasure to present herewith the First Report of the Standing Committee on Law Amendments for the Session.The Report is the result of your Committee’s deliberations on Bill 77, Pay Equity Act, which was introduced in the Legislative Assembly during the First Session of the Legislature and referred to your Committee for its consideration.The Report outlines your Committee’s recommendations with respect to the issue of legislating pay equity between men and women in predominantly female work occupations.On behalf of the Committee, I wish to thank the many presenters who appeared at the public hearings and those individuals and groups who submitted written briefs.In addition, I would like to express my sincere appreciation to the members of the Committee for their contribution in carrying out our mandate.And your Committee begs leave to make a further report.

Respectfully submitted,Jody Carr, MLA.

Chairman.Ordered that the Report be received.The full Report of the Committee as presented is as follows:

December 22, 2005.To The HonourableThe Legislative Assembly ofThe Province of New Brunswick.Mr. Speaker:Your Standing Committee on Law Amendments begs leave to submit this, their First Report of the Session.


On June 25, 2004, during the First Session of the Fifty-fifth Legislature, Bill 77, Pay Equity Act, was introduced in the Legislative Assembly by Ms. Elizabeth Weir, the Member for Saint John Harbour at the time. The proposed legislation sets out a framework for resolving the differences in the payment of wages to men and women in predominantly female work occupations. The Bill applies to both private and public sector employees and requires that employers take proactive measures to achieve pay equity in the work place. As well, the Bill establishes a Pay Equity Commission to help promote and achieve pay equity in the province.On June 29, 2004, by Resolution of the House, consideration of Bill 77 was referred to the Standing Committee on Law Amendments. This resolution is the order of reference and forms the basis of the Standing Committee on Law Amendments’ First Report to the Third Session of the Fifty-fifth Legislature.On September 17, 2004, your Committee met and determined that members of the public should be invited to provide input and advice to the Committee with respect to the issues raised by Bill 77. Public hearings were held on November 18, 19 and 26, 2004, in the Legislative Assembly Chamber and a total of 49 written submissions were received by your Committee. Your Committee also met with representatives from the Women’s Issues Branch of the Executive Council Office, and private sector experts in wage gap and job evaluation analysis.Your Committee wishes to note that Bill 77 has since died on the Order and Notice Paper as the First Session of the Fifty-fifth Legislature came to an end when the Legislative Assembly was prorogued on December 2, 2004. Nonetheless, the mandate of your Committee to review the subject matter of the Bill remains in effect. Your Committee is pleased to offer its recommendations. Your Committee expresses appreciation to the presenters who appeared at the public hearings and to those individuals and organizations who submitted written briefs.

EXECUTIVE SUMMARYBased on the input and advice received during the public consultation process, your Committee very strongly believes in the principle of equal pay for work of equal value. Your Committee acknowledges that a wage gap exists in New Brunswick between male and female workers and that pay equity is a solution to one of the contributors to the wage gap, that being the under-valuation of predominantly female work occupations. Your Committee agrees


the elimination of the wage gap will allow women to enjoy their guaranteed human rights, will result in greater overall economic productivity for our province, and will improve the quality of life for all New Brunswickers. Your Committee supports in principle the intent of Bill 77, Pay Equity Act, which is the reduction of the wage gap in New Brunswick between men and women in predominantly female work occupations. Your Committee wishes to acknowledge the time and effort of those who have prepared the Bill and commend them for their contribution. Your Committee supports initiatives designed to reduce the wage gap and promote pay equity in the workforce and your Committee is in agreement that Bill 77 contains several sound and beneficial concepts that may assist in the accomplishment of this goal, particularly the proactive nature of the Bill. However, your Committee does not recommend the enactment of Bill 77. Your Committee is in agreement that Bill 77, in its current form, does not adequately accomplish all of its objectives and requires certain revisions. In addition, your Committee is of the opinion that the Five Year Wage Gap Action Plan, which outlines voluntary measures in the public and private sector to address the wage gap issue, recommended by the New Brunswick Wage Gap Roundtable, is the course of action, at this time, to address the wage gap in New Brunswick. However, your Committee is also of the opinion that all potential solutions to eliminating the wage gap should continue to be explored. Therefore, your Committee recommends the government undertake and release an annual status report of the progress of the Five Year Wage Gap Action Plan. Your Committee further recommends that the government consider the advisability of enacting proactive legislation designed to reduce the wage gap and promote pay equity should the voluntary measures in the Five Year Wage Gap Action Plan only result in limited progress.

SUMMARY OF FINDINGSYour Committee has reviewed the provisions of the Pay Equity Act and considered the written submissions received and the presentations made at the public hearings. As a result of its review, your Committee has determined that the following issues should be addressed: Defining the Wage Gap; Benefits of Pay Equity Act; Concerns with Pay Equity Act; and Voluntary Measures. Defining the Wage GapThe wage gap is the difference between the average wages earned by men and those earned by women. Respondents submitted different values for the wage gap, ranging from 15% to 19%, meaning women


earn anywhere from 81% to 85% of what men earn. However, Respondents agreed that regardless of the true value of the wage gap today, any discrepancy between the average earnings of men and women is an issue that needs to be addressed. Respondents submitted there is one predominant cause of the wage gap, that being society’s attitude regarding the place and value of women in the workforce, and three main contributors to the wage gap. Firstly, family responsibilities of women. In New Brunswick women have lower labour force participation rates, higher part time work participation rates, and move in and out of the labour force more often than men, which, it was submitted, results in lower wages and lower life time earnings for women compared to men. Respondents submitted that family responsibility is the cause of these factors, since women may be more likely to place family above career, as they often find work that is close to home, that has flexible hours, and that does not require strong commitment beyond scheduled hours, nor relocation. Secondly, job clustering, meaning women tend to work in particular occupations which are not traditionally high paying positions. Respondents submitted that approximately half the women in the work force in New Brunswick are employed in only ten different occupations. Thirdly, the under-valuation of predominantly female work occupations. This contributor refers to paying low wages to women based on gender. In other words, systematic discrimination. If women tend to only work in a limited number of occupations, it was submitted that these occupations are under-valued and, accordingly, under-paid. Respondents submitted that this factor significantly contributes to the wage gap. Respondents also submitted that pay equity legislation could correct this factor as it requires employers to introduce gender-neutral job classifications and pay systems. Your Committee acknowledges that a wage gap exists in New Brunswick between male and female workers and is of the opinion that the three factors outlined above contribute to the wage gap. Your Committee strongly believes in the principle of pay equity, meaning equal pay for work of equal value regardless of gender, which has been internationally recognized as a human right. Therefore, your Committee supports initiatives designed to reduce, and eventually eliminate, the wage gap between male and female workers in New Brunswick.


Benefits of Pay Equity ActRespondents were overwhelmingly in favour of Bill 77, as it requires an employer to identify predominantly female work occupations in an organization, assess the value of these jobs and all other jobs in the organization using a gender-neutral scale, compare the value and salary of these jobs with predominantly male work occupations, and adjust the wages accordingly. Thus, the fundamental purpose of the Bill is to require employers to implement and maintain a pay equity program and to take proactive measures to achieve pay equity. This, Respondents submitted, ensures the long term maintenance of pay equity programs and should lead to the elimination of wage gaps in the work place. Respondents were also of the opinion that the specific provision prohibiting employers from lowering wages to achieve pay equity was a necessary safe guard. Respondents were in favour of the Bill applying to all public and private sector employees, thus enabling all full time, part time, permanent or casual employees in both sectors to exercise their right to equal pay for work of equal value. Respondents also noted that the current Pay Equity Act, enacted in 1989, only applies to Part I of the public sector, which consists of employees directly employed by a government department. Respondents submitted that this excludes school and hospital workers, occupations which are predominantly female.Respondents supported the proactive, rather than reactive, nature of the Bill, in that it requires employers to establish pay equity in their businesses and organizations as opposed to being dependant on complaints from employees who are of the belief that they are not receiving pay equity. Respondents submitted that a reactive process would not be favourable, given the apprehension an employee may have towards filing a complaint against an employer. A proactive model, it was suggested, is cooperative instead of confrontational, and allows for the avoidance of long and expensive litigation.Respondents were in favour of the employee involvement in the pay equity committees established by the Bill. The pay equity committees deal with job evaluations and assist in the implementation and maintenance of pay equity programs. Each employer is required to establish a pay equity committee, on which employees must be represented. In addition, Respondents were in favour of the provision that requires at least half of the employee representatives on the committee to be women. Respondents supported the creation by the Bill of the Pay Equity Commission of New Brunswick. Respondents were in favour of


its independence and its mandate to provide information on the objective and provisions of the Bill once enacted, to provide assistance and develop tools to facilitate the organization and implementation of pay equity programs, to evaluate pay equity programs annually, and to provide assistance with the establishment of pay equity committees. Respondents were of the opinion that the Commission would keep employers and pay equity committees accountable for planning and implementing pay equity. Respondents also noted that the Commission is accountable to the Legislature through annual reports.

Respondents were in favour of the provision which requires that adjustments in compensation must be determined, or a pay equity plan must be completed, within four years of the Bill coming into force, or within two years for newly created employment. Respondents felt it was necessary to provide an adequate implementation period for the employer. Respondents also appreciated the interest penalties for noncompliance.

Respondents submitted that the underpayment of traditionally female dominated occupations has a direct effect on the poverty of women. Respondents submitted that proactive legislation for pay equity could help eliminate poverty and ensure the present and future financial security of women. In addition, Respondents suggested that poor families are often less healthy and more reliant on the health care system. Respondents were of the opinion that Bill 77 would reduce the wage gap, thus increasing wages for women, decreasing the number of women and children living in poverty, and facilitating better health care and education for women and children. These beneficial results from the implementation of pay equity legislation, it was submitted, would improve the overall economic productivity of our province and the quality of life for New Brunswickers.

Your Committee is in agreement with the Respondents that Bill 77 contains several quality initiatives and sound and beneficial concepts. Your Committee is also of the opinion that if pay equity legislation of this nature is required and enacted in New Brunswick, it should contain several of the characteristics noted above, particularly the proactive aspects of the Bill. Your Committee agrees the elimination of the wage gap will allow women to enjoy their guaranteed human rights, will enhance the economic productivity of our province, and will improve the quality of life for all New Brunswickers.


Concerns with Pay Equity ActRespondents who supported the enactment of Bill 77 acknowledged that it would only combat one of the factors contributing to the wage gap, that being the under-valuation of predominantly female work occupations. Respondents acknowledged that the other two factors, family responsibilities of women and job clustering, as well as the predominant cause of the wage gap, society’s attitude regarding the place and value of women in the workforce, would be relatively un-affected. Respondents agreed that a lasting change requires a cultural shift in society’s attitudes concerning women in the work force.Respondents also had a few concerns with respect to the provisions contained in Bill 77. Respondents noted the universal application of the Bill, in that it applies to all employers, even those, for example, with less than ten employees, which is not the case in certain other jurisdictions with pay equity legislation. Some Respondents submitted that the implementation of pay equity programs in small businesses would be too onerous on an employer and in some circumstances impossible.Respondents recognized the limitations of the Bill, as it does not apply to women employed in a business or organization without any predominantly male work occupations. While this may be under-standable, Respondents suggested that those businesses and organ-izations that can not offer a comparison between predominantly female and male work occupations would continue to under-value and under-pay the contributions of their female employees.Some Respondents felt the powers of the Pay Equity Commission are too broad, and could conflict with the responsibilities and rights of employers. Respondents also submitted that it may be inappropriate for the Bill to classify the minutes of a pay equity committee meeting as public. Respondents suggested the minutes of such meetings should remain confidential. In addition, some Respondents were of the opinion the requirement that two-thirds of the members of a pay equity committee must be employee representatives was unfair to an employer. Respondents submitted that the Bill should contain a clause to reward or exempt those employers who have already implemented a pay equity program. Respondents also submitted that an exemption from pay equity may be necessary if there is an established and significant skill shortage in a particular occupation within a business or organization. Other Respondents questioned whether the Bill contained an adequate evaluation mechanism to gage the success of an organization’s existing pay equity program. Some Respondents


suggested that the costs of implementing and administrating a new pay equity act and the individual pay equity programs should be calculated prior to the Bill becoming law. Other Respondents suggested that the implementation of pay equity programs may be too onerous and costly on an employer. However, your Committee also heard from experts in wage gap and job evaluation analysis, who disputed this claim and suggested that once an employer is educated on the implementation of a pay equity program, the process is cost effective and not overly time consuming.Other areas of concern noted by Respondents included the lack of specific methodology and criteria for comparing categories of jobs, as well as the power of the Commission to approve pay equity programs without a mechanism to ensure stakeholder contribution in the process. In addition, some Respondents felt the time periods for implementation after the Bill is adopted were unrealistic. Finally, some Respondents noted that the Premier is responsible for the administration of the Bill once enacted, but felt this responsibility was not adequately clarified. Voluntary MeasuresAs noted by some Respondents and already stated in this Report, Bill 77 only addresses one of the factors contributing to the wage gap, that being the under-valuation of predominantly female work occupations. The other two factors, and society’s attitude regarding the place and value of women in the workforce, are not specifically or adequately addressed. Some Respondents suggested that legislation in general is not the solution to address the wage gap problem, which appears to be the same conclusion reached by the New Brunswick Wage Gap Roundtable in their report entitled “Closing New Brunswick’s Wage Gap: An Economic Imperative”. This report recommended a Five Year Wage Gap Action Plan, which outlines voluntary measures to address the wage gap. In addition, this report stated that if only limited progress had been achieved towards eliminating the wage gap, appropriate wage gap reduction legislation should be developed. Several of the recommendations in this report were recently implemented by the Government of New Brunswick in a report entitled “Facing the Economic Imperative, New Brunswick’s Five Year Wage Gap Action Plan, 2005-2010”. This latter report identifies strategies and voluntary measures to address all of the factors which contribute to the wage gap, and contains indicators of success to ensure whether the objectives have been attained. Your Committee has reviewed Bill 77, the written submissions of the Respondents, and the two reports noted above recommending and


implementing a Five Year Wage Gap Action Plan. Your Committee supports initiatives designed to reduce the wage gap and promote pay equity in the workforce and your Committee is in agreement that Bill 77 contains several sound and beneficial concepts that may assist in the accomplishment of this goal. However, your Committee does not recommend the enactment of Bill 77 at this time. Your Committee acknowledges the concerns that some Respondents had with the Bill, and agrees that the Bill may require certain revision to address these issues in order for the Bill to meet its desired objective. Your Committee is of the opinion that the Five Year Wage Gap Action Plan, which outlines voluntary measures in the public and private sectors to address the wage gap issue, recommended by the New Brunswick Wage Gap Roundtable and implemented by the Government of New Brunswick, is the course of action, at this time, to address the wage gap in New Brunswick. In addition, your Committee is of the opinion there should be an annual accounting of the progress attained through the Five Year Wage Gap Action Plan. While your Committee supports and recommends voluntary measures to reduce the wage gap, your Committee is also of the opinion that all potential solutions to eliminating the wage gap, including pay equity legislation, should be explored.

RECOMMENDATIONSYour Committee therefore recommends that Bill 77, Pay Equity Act, not be proceeded with at this time.

Your Committee further recommends that the Legislative Assembly urge the government to undertake and release an annual status report of the progress of the Five Year Wage Gap Action Plan.

Your Committee further recommends that the Legislative Assembly urge the government to consider the advisability of enacting proactive legislation designed to reduce the wage gap and promote pay equity should the voluntary measures in the Five Year Wage Gap Action Plan only result in limited progress.

CONCLUSION Your Committee gave serious consideration to the advice and input received through the public consultation process. Your Committee believes that any legislation developed to reduce, and hopefully eliminate, the wage gap should address all of the contributing factors associated with the wage gap and be proactive in nature. In addition, your Committee, at this time, agrees that the voluntary measures implemented by the government should be given an opportunity to succeed, however, should these measures only result in limited


progress, your Committee acknowledges that pay equity legislation for both the public and private sector may be the necessary solution to eliminating the wage gap in order to allow women to enjoy their guaranteed human rights, to bring about greater economic productivity for our province, and to improve the quality of life for all New Brunswickers.

Hon. E. Robichaud laid upon the table of the House a document entitled Health Human Resource Planning: Gaining Momentum, The New Brunswick Journey, December 2005.

The following Bills were introduced and read a first time.By Hon. Mr. Fitch,

Bill 27, Pipeline Act, 2005.Bill 28, An Act to Amend the Gas Distribution Act, 1999.

By Mr. Lamrock,Bill 29, An Act Respecting the Protection of Retirement Home Residents.


Mr. Paulin gave Notice of Motion 35 that on Thursday, December 29, 2005, he would move the following resolution, seconded by Mr. Branch:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research between and pertaining to overall cost, design, consultation, writing, photography, photography use, concept and printing of the State of the Forest Report 2005.

Mr. Albert gave Notice of Motion 36 that on Thursday, December 29, 2005, he would move the following resolution, seconded by Mr. Landry:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the progress report(s) on the periodic review of the cultural policy, as indicated in the cultural policy document released in February 2002.

Mr. Albert gave Notice of Motion 37 that on Thursday, December 29, 2005, he would move the following resolution, seconded by Mr. Landry:


That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the annual report(s) produced to measure the efficiency and performance of the international strategy, as indicated in the New Brunswick’s International Strategy document released in April 2003.

Mr. Arseneault gave Notice of Motion 38 that on Thursday, December 29, 2005, he would move the following resolution, seconded by Mr. Allaby:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research since January 1, 2005, pertaining to the ongoing illegal operations of paid guest accommodations in New Brunswick, as well as any recommendations presented to the Minister of Tourism and Parks for action to be taken.

Mr. Arseneault gave Notice of Motion 39 that on Thursday, December 29, 2005, he would move the following resolution, seconded by Mr. Allaby:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research since January 1, 2005, pertaining to recreational vehicle tourists utilizing Wal-Mart’s parking lots instead of licensed camp grounds for their overnight parking accommodations, as well as any recommendations presented to the Minister of Tourism and Parks for action.

Hon. Mr. Green, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of the Whole to take into consideration Bills 27, 7, 3, 4 and 26; following which, with unanimous consent, third reading would occur. The House would then resolve itself into a Committee of Supply to take into consideration the capital estimates of the Department of Transportation.

It was agreed by unanimous consent that Bill 27 be read a second time forthwith.


The Order being read for second reading of Bill 26, An Act to Amend the Aquaculture Act, a debate arose thereon.And the debate being ended and the question being put that Bill 26, An Act to Amend the Aquaculture Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 26, An Act to Amend the Aquaculture Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 27, Pipeline Act, 2005, a debate arose thereon.And the debate being ended and the question being put that Bill 27, Pipeline Act, 2005, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 27, Pipeline Act, 2005, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent that Bills 26 and 27 be considered in Committee of the Whole forthwith.

The House resolved itself into a Committee of the Whole with Mr. Betts in the chair.And after some time, Mr. Speaker resumed the chair and Mr. Betts, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentation of Committee Reports, reported:That the Committee had directed him to report the following Bills as agreed to:Bill 3, An Act to Amend the New Brunswick Income Tax Act.Bill 7, Energy Efficiency and Conservation Agency of New Brunswick Act.Bill 26, An Act to Amend the Aquaculture Act.Bill 27, Pipeline Act, 2005.

And the Committee asked leave to make a further report.Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

It was agreed by unanimous consent that Bills 3, 7, 26 and 27 be read a third time forthwith.

The following Bills were read a third time:


Bill 3, An Act to Amend the New Brunswick Income Tax Act.Bill 7, Energy Efficiency and Conservation Agency of New Brunswick Act.Bill 26, An Act to Amend the Aquaculture Act.Bill 27, Pipeline Act, 2005.

Ordered that the said Bills do pass.

His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne.Mr. Speaker addressed His Honour as follows:May It Please Your Honour:The Legislative Assembly of the Province of New Brunswick has passed several Bills at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent.The Clerk Assistant then read the titles of the Bills as follows:

Bill 3, An Act to Amend the New Brunswick Income Tax Act.Bill 7, Energy Efficiency and Conservation Agency of New Brunswick Act.Bill 26, An Act to Amend the Aquaculture Act.Bill 27, Pipeline Act, 2005.

His Honour signified His Assent as follows:It is the Queen’s wish. La reine le veut.

To these Bills, His Honour’s assent was announced by the Clerk of the Legislative Assembly in the following words:

In Her Majesty’s name, His Honour the Lieutenant-Governor assents to these Bills, enacting the same and ordering them to be enrolled.

His Honour then retired.





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

Legislative Building.Fredericton, New Brunswick.

December 22, 2005.To The HonourableThe Legislative Assembly ofThe Province of New Brunswick.Honourable Members:I have the pleasure to present herewith the First Report of the Standing Committee on Procedure.Further to its permanent order of reference, the Committee held four meetings, on October 7 and 27 and on December 13 and 20, 2005, and commenced a review of the Standing Rules and practices of the Legislative Assembly. Your Committee’s Report contains several recommendations for changes and improvements to the Standing Rules and practices of the House.The Committee’s work will continue on various matters still under study.I wish to thank the Members of the Committee and, on their behalf, to express the Committee’s appreciation to the Legislative staff who assisted the Committee with its work.Respectfully submitted on behalf of the Committee.

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

The full Report of the Committee as presented follows:December 23, 2005.

To The HonourableThe Legislative Assembly ofThe Province of New Brunswick.Mr. Speaker:Your Standing Committee on Procedure begs leave to submit this their First Report.Pursuant to the provisions of Standing Rule 92, all standing rules and practices of the House, together with any matter referred by the


Speaker, stand permanently referred to the Standing Committee on Procedure.In accordance with its permanent order of reference, the Committee held meetings on October 7 and 27, and December 13 and 20, 2005, and reviewed the Standing Rules and practices of the House.Your Committee set about its task by outlining a number of procedural issues of concern to the Members, including the Speaker. Among the matters considered by your Committee were the items of business “introduction of guests and congratulatory statements”, statements by Ministers and replies thereto, legislative process, private members’ day, appropriation bills, time allocated for estimates and supply procedure, closure and time allocation and deferral of votes. It is anticipated that the process of review and evaluation of the Standing Rules will extend past the present session. Nonetheless, your Committee has had an opportunity to complete its study on a number of matters and is prepared to make certain recommendations to the Assembly.RecommendationYour Committee therefore recommends for adoption the following amendments to the Standing Rules:1. Standing Rule 29(1) is repealed and the following is substituted: 29(1) Unless otherwise provided by Standing or Special Order of

the House, the time for the daily meeting and adjournment of the sitting of the Assembly shall be as follows:

Tuesday from 1.00 p.m. to 6.00 p.m. Wednesday from 10.00 a.m. to 12.30 p.m., and from 2.00 p.m. to 6.00 p.m. Thursday from 1.00 p.m. to 6.00 p.m. Friday from 10.00 a.m. to 12.30 p.m., and from 1.30 p.m. to 4.30 p.m.2. The Standing Rules are amended (a) by adding after Standing Rule 35.1 the following: 35.2 A Member introducing a guest shall speak for no more

than sixty seconds. 35.3 A Member making a congratulatory statement shall

speak for no more than sixty seconds. (b) by adding after Standing Rule 40(1) the following: 40(1.1) A Minister of the Crown shall request the unanimous

consent of the House to make a lengthy statement.


(c) by adding after Standing Rule 40(2) the following: 40(2.1) The reply from a representative of each recognized

party in opposition shall not exceed the length of the Minister’s statement.

3. Standing Rule 89 is repealed and the following is substituted therefor:

89 The Standing Committees shall be appointed on motion at the commencement of each House and shall be:

(a) the Standing Committee on Crown Corporations; (b) the Standing Committee on Education; (c) the Standing Committee on Estimates; (d) the Standing Committee on Health Care; (e) the Standing Committee on Law Amendments; (f) the Legislative Administration Committee; (g) the Standing Committee on Legislative Officers; (h) the Standing Committee on Private Bills; (i) the Standing Committee on Privileges; (j) the Standing Committee on Procedure; (k) the Standing Committee on Public Accounts.

89.1 Without limiting the generality of the foregoing, the Committees established under Standing Rule 89 shall, when so ordered by the Assembly, examine

(a) Bills;

(b) any other matter that may be referred by the House or by the Standing Rules.

4. Standing Rule 91 is repealed and the following is substituted therefor:

91 Unless otherwise provided by the Standing Rules, all reports to the House of Legislative Officers stand permanently referred to the Standing Committee on Legislative Officers.

5. The Standing Rules are amended by adding after Standing Rule 100 the following:

100.1(1) The Chair of a Standing or Select Committee shall maintain order in the Committee and decide all questions of order subject to an appeal to the Speaker. No debate shall be permitted on any decision of the Chair.

100.1(2) If two members of a Standing or Select Committee appeal the decision of the Chair of the Committee to the Speaker, the Chair shall at the next meeting of the House present a report


which accurately states the matter on which the Chair decided, the arguments raised by the members and the decision made by the Chair, and the Speaker shall confirm or vary any decision of the Chair.

100.1(3) If the House is adjourned, in recess or is not otherwise meeting on a day on which a decision of the Chair of a Standing or Select Committee is appealed to the Speaker, the Chair shall deliver a copy of the report to the Speaker and shall file a copy of the report with the Clerk of the House. The decision of the Speaker shall be in writing, shall be delivered to the Chair and the Clerk of the Committee and shall be entered in the Journals of the House on the first day on which the House next meets.

The foregoing recommendations for amendments to the Standing Rules of the Legislative Assembly are considered by your Committee to be improvements to meet the needs of Members, and to improve the efficiency and the orderly flow of the business in the House. It is the intention of the Committee to carry on its consideration of other matters still at the study stage.All of which is respectfully submitted on behalf of the Committee.

(Sgd.:) Hon. Brad Green, MLA.Chairman.

Hon. Mr. Green requested leave of the House to move the following resolution, seconded by Hon. P. Robichaud:THAT the recommendations contained in the First Report of the Standing Committee on Procedure be concurred in by the House.Leave having been denied, Mr. Speaker set the motion over for two days hence. (Motion 40)

The following Bills were introduced and read a first time.By Mr. Allaby,

Bill 30, An Act to Amend the Prescription Drug Payment Act.By Mr. Lamrock on behalf of Mr. Burke,

Bill 31, An Act to Amend the Electricity Act.By Mr. Lamrock,

Bill 32, Fairness in Fees Act.Ordered that the said Bills be read a second time at the next sitting.

Mr. Doherty gave Notice of Motion 41 that on Thursday, December 29, 2005, he would move the following resolution, seconded by Mr. A. LeBlanc:


WHEREAS all parties of the Legislative Assembly have stated a commitment to address the issue of slum landlords in the province of New Brunswick;WHEREAS on December 9, 2005, the Legislative Assembly voted unanimously in favour of Bill 9, An Act Respecting the Protection of the Low-Income Occupier;

BE IT RESOLVED that this Legislative Assembly urge the government to bring forward Bill 9 for consideration in Committee of the Whole by April 15, 2006.

Mr. V. Boudreau gave Notice of Motion 42 that on Thursday, December 29, 2005, he would move the following resolution, seconded by Mr. Allaby:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the number of New Brunswick residents 65 and older who received prescription drug benefits under the New Brunswick Prescription Drug Program for the first time in each of the years ending December 31st 1999; 2000; 2001; 2002; 2003; 2004, and 2005.

Mr. V. Boudreau gave Notice of Motion 43 that on Thursday, December 29, 2005, he would move the following resolution, seconded by Mr. Allaby:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the number of New Brunswick residents 65 and older who had been deemed eligible to receive prescription drug benefits under the New Brunswick Prescription Drug Program (NBPDP) during the previous year but failed to re-qualify for the NBPDP for each of the years ending December 31st 1999; 2000; 2001; 2002; 2003; 2004, and 2005.

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

Hon. Mr. Green, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Transportation, following which the House would resolve itself into a Committee of the Whole to take into consideration Bill 4; following which the House would resolve itself into a Committee of Supply to consider


the estimates of the Department of Health and Wellness and the Department of Supply and Services.

With leave of the House, Hon. Mr. Green moved, seconded by Mr. Lamrock: (Motion 44)

THAT, unless otherwise provided by Standing Rule or Special Order of the House, the Legislative Assembly adopt the following 2006 sessional calendar upon resumption of the third Session of the Fifty-fifth Legislature on March 28, 2006;

Tuesday, March 28 to Friday, March 31, inclusive;Tuesday, April 4 to Friday, April 7, inclusive;Tuesday, April 11 to Thursday, April 13, inclusive;Tuesday, April 25 to Friday, April 28, inclusive;Tuesday, May 2 to Friday, May 5, inclusive;Tuesday, May 9 to Friday, May 12, inclusive;Tuesday, May 23 to Friday, May 26, inclusive;Tuesday, May 30 to Friday, June 2, inclusive;Tuesday, June 6 to Friday, June 9, inclusive;

THAT when the Assembly adjourns on Friday, June 9, 2006, it shall stand adjourned until Tuesday, December 5, 2006;

PROVIDED ALWAYS THAT if it appears to the satisfaction of Mr. Speaker, after consultation with the Government, that the public interest requires that the House should meet at an earlier time during any period of adjournment, Mr. Speaker may give notice that he is so satisfied and in such notice shall state a time at which the House shall meet, and thereupon the House shall meet at the time so stated and shall transact its business as if it had been duly adjourned to that time, and

THAT in the event of Mr. Speaker being unable to act owing to illness or other cause, either of the Deputy Speakers shall act in his stead for the purpose of this order.


And the debate being ended, and the question being put, Motion 44 was carried.

The Order being read for second reading of Bill 28, An Act to Amend the Gas Distribution Act, a debate arose thereon.

And the debate being ended and the question being put that Bill 28, An Act to Amend the Gas Distribution Act, be now read a second time, it was resolved in the affirmative.


Accordingly, Bill 28, An Act to Amend the Gas Distribution Act, was read a second time and ordered referred to the Committee of the Whole House.

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

At 12.35 o’clock p.m., Mr. Speaker left the chair to resume again at 1.05 o’clock p.m.

1.05 o’clock p.m.

Mr. Speaker resumed the chair.The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair.At 1.40 o’clock p.m., the Chairman declared a recess and left the chair.

1.50 o’clock p.m.

The Committee resumed with Mr. C. LeBlanc in the chair.And after some time, Mr. Speaker, took the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items, and asked leave to sit again.Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.The following are the items reported: CAPITAL ESTIMATES 2006-2007 VotedDEPARTMENT OF TRANSPORTATIONResolved, That there be granted to Her Majesty a sum not exceeding $242,830,000 to defray the expenses of the following programs:Permanent Bridges .............................................................................. 32,025,000Permanent Highways .......................................................................... 54,600,000Rural Road Initiative ........................................................................... 42,000,000Canada-New Brunswick Strategic


Highway Infrastructure Program .................................................. 4,700,000Canada-New Brunswick Strategic Infrastructure Program .................................................................... 55,180,000Canada-New Brunswick Border Infrastructure Program ............. 21,700,000Routes 11 and 17 .................................................................................. 21,000,000Urban Bypasses .................................................................................. 4,625,000Vehicle Management Agency ............................................................ 7,000,000

The said items were concurred in by the House.

With leave of the House to dispense with notice, Hon. Mr. Green, seconded by Hon. P. Robichaud, moved: (Motion 40)THAT the recommendations contained in the First Report of the Standing Committee on Procedure be concurred in by the House.And the question being put, it was resolved in the affirmative.

With leave of the House to dispense with notice, Hon. Mr. Green, seconded by Hon. P. Robichaud, moved: (Motion 45)THAT the membership of the Standing Committee on Crown Corporations be amended by substituting the name of Mr. Huntjens for Hon. Mr. Holder, the name of Mr. A. LeBlanc for Mr. Doucet and adding the name of Mr. Jamieson;THAT the membership of the Standing Committee on Estimates be amended by substituting the name of Mr. Albert for Mr. Lamrock and removing the name of Hon. Mrs. MacAlpine-Stiles;That the membership of the Standing Committee on Law Amendments be amended by substituting the name of Mr. Paulin for Mr. Murphy.THAT the membership of the Legislative Administration Committee be amended by substituting the name of Mr. Betts for Hon. Mr. Holder; the name of Hon. Mr. Volpé for Hon. P. Robichaud; and the name of Mr. Jamieson for Mr. Branch, and notwithstanding Standing Rule 104(1), by adding the name of Mr. S. Graham;That the membership of the Standing Committee on Private Bills be amended by substituting the name of Mr. Huntjens for Hon. Mr. Holder and the name of Mr. Doucet for Mr. Burke.THAT the membership of the Standing Committee on Privileges be amended by substituting the name of Mr. Branch for Mr. Doucet and adding the name of Mr. Allaby;THAT the membership of the Standing Committee on Procedure be amended by substituting the name of Mr. Huntjens for Hon. Mr. Holder and adding the name of Mr. V. Boudreau;


THAT the membership of the Standing Committee on Public Accounts be amended by substituting the name of Mr. Murphy for Mr. Jamieson and adding the name of Mr. Doucet.And the question being put, it was resolved in the affirmative.

With leave of the House to dispense with notice, Hon. Mr. Green, seconded by Hon. P. Robichaud, moved: (Motion 46)THAT pursuant to Standing Rule 89, the following Standing Committees be appointed for the Fifty-fifth Legislative Assembly and that the membership on the said Committees be as follows:The Standing Committee on Education be composed by Mr. Betts, Mr. Carr, Mr. Malley, Mr. C. LeBlanc, Mr. Sherwood, Mr. Stiles, Ms. Robichaud, Mr. Lamrock, Mr. Ouellette, and Mr. Brewer.The Standing Committee on Health Care be composed of Mr. Williams, Mr. Sherwood, Mr. Stiles, Mr. C. LeBlanc, Mr. Huntjens, Mr. Carr, Mr. Malley, Mr. Albert, Mr. R. Boudreau, Dr. Kennedy, Mr. V. Boudreau, and Dr. Doherty.The Standing Committee on Legislative Officers be composed of Mr. Malley, Mr. Betts, Mr. Huntjens, Mr. MacDonald, Mr. Williams, Ms. Robichaud, Mr. Brewer, and Mr. Kenny.That, upon the adoption of this resolution, the Select Committee on Education and the Select Committee on Health Care, appointed by resolution of the House adopted July 30, 2003, cease to exist.And the question being put, it was resolved in the affirmative.


March 28 81Journal of Assembly

Tuesday, March 28, 2006.11 o’clock a.m.

Prayers.The Clerk of the Legislative Assembly arose in her place at the Table and addressed the Assembly as follows:

Honourable Members:I am in receipt of the written resignation of Mr. Speaker Bev Harrison dated February 14, 2006, signed in the presence of and certified by two Members of the Legislative Assembly as required under section 18 of the Legislative Assembly Act.

I have it in command to acquaint the House that His Honour the Lieutenant-Governor, having been informed of the vacation by the Honourable Bev Harrison of the Office of Speaker of the House, gives leave to the House to proceed forthwith to the choice of a new Speaker.It is His Honour’s pleasure that you present the person so chosen to His Honour in this Assembly Chamber today for His Honour’s approbation.

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

Members of the Legislative Assembly, it is my duty to inform you that only one candidate stands for election to the office, pursuant to Standing Rule 11(8)(m). Therefore, it is my duty to announce that Michael Malley, the Honourable Member for the electoral district of Miramichi-Bay du Vin, is declared elected as Speaker.

The Premier, the Hon. Bernard Lord, and the Leader of the Opposition, Mr. Shawn Graham, escorted Mr. Malley to the dais where, standing on the upper step, he addressed the House as follows:

Ladies and gentlemen, Members of the Legislative Assembly, fellow colleagues, today I would like to start off by asking that we bow our heads in respect for our veterans, the veterans’ widows, and the many Canadian men and women who continue to give us the freedom that we enjoy as Canadians each and every day. As an example, when children play in the playground, was it worth their fight in both World Wars and in what is happening in the world today to say thank you to our veterans and to our Canadian men and women? Thank you very much.

82 March 2854-55 Elizabeth II, 2005-2006

It is my pleasure today to express my humble acknowledgment to the House of the great honour you have conferred upon me by choosing me to be your Speaker. Grateful and conscious as I am of my comparative inexperience in parliamentary procedure, I should have hesitated before accepting a position involving so much responsibility were it not for the fact that I shall be able at all times to rely with confidence upon the courtesy, forbearance, and kindness of every member of the Assembly.Again, thanking you, I now submit myself to the House.I want, again, to thank all the members of this great House for their vote of confidence. With your support, I will endeavour to serve all members of this House. I trust in the fact that, at all times, I shall be able to rely upon the courtesy and kindness of every member of the Assembly. I have only had the privilege of serving under one Speaker, who was truly unique. Hopefully, I shall be worthy of your support and trust.At this time, I would also like to thank the Clerk, Clerks Assistant, Sergeant-at-Arms, and each and every staff member of the Legislative Assembly for the excellent support and counsel that they have provided to this House. As your Speaker, I will strive, at all times, to ensure that the traditions of this House are respected and that it functions, regardless of difference of opinion and views.The Speaker’s responsibilities are to this House and to its members. As your new Speaker, I am your servant. All honourable elected members are equal in this House, and it will be my most humble privilege to serve you with the utmost fairness and impartiality.On a more personal level, I would like to thank the citizens of the Miramichi-Bay du Vin riding and the kind, wonderful people of the mighty Miramichi. They have always been there and continue to support me. I want to say a big thank-you to the Miramichiers. They had faith in me in 1999, and without their trust and support, I would not be here today. New Brunswick is truly a wonderful place to work and raise a family.May God bless you all.

Thereupon Mr. Malley took the chair, and the mace was placed upon the Clerk’s Table.

His Honour the Lieutenant-Governor then entered the House and took his seat in the chair upon the Throne.


The Speaker then addressed His 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 now I am presented for Your Honour’s approval.

The Clerk of the House then said: Mr. Malley, I am commanded by His Honour the Lieutenant-Governor to declare to you that he is fully sensible of your zeal for the public service and of your sufficiency to execute the duties of the office to which you have been elected by the Legislative Assembly, and he doth readily approve of their choice, and allow and confirm you to be their Speaker.

It was agreed by unanimous consent to recess the House forthwith, and to resume the sitting at 2 o’clock p.m.

And then, 11.20 o’clock a.m., the House adjourned.

2 o’clock p.m.


The Honourable the Premier paid tribute to the memory of the late Mr. Émile (Ned) Volpé, father of Hon. Jeannot Volpé, Minister of Finance and Member of the Legislative Assembly for Madawaska-les-Lacs. Mr. S. Graham joined with the Premier in this regard.

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

March 28, 2006. His Honour the Lieutenant-Governor transmits the Main Estimates for the fiscal year ending March 31, 2007, which include the estimates of the sums required for the services of the Province, not otherwise provided for, for the year ending March 31, 2007, and in accordance with the provisions of the Constitution Act, 1867, recommends these Estimates to the House.

(Sgd.:) Herménégilde Chiasson.Lieutenant-Governor.

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


RESOLVED, that the portion of the Speech of His Honour the Lieutenant-Governor which refers to the Public Accounts, Estimates and Expenditures be referred to the Committee of Supply.

Pursuant to Notice of Motion 28, Hon. Mr. Volpé moved, seconded by Hon. Mr. Lord:THAT this House approves in general the budgetary policy of the government. And the question being put, Hon. Mr.Volpé proceeded to deliver the Budget Speech.On motion of Mr. Murphy, the further consideration thereof was adjourned over. Mr. Speaker, at the request of Hon. Mr. Harrison, reverted to Government Motions for the Ordering of the Business of the House.

On motion of Hon. Mr. Harrison, seconded by Hon. Mr. Lord,RESOLVED, that consideration of the motion on the budgetary policy of the government be resumed on Thursday next and then added to the Orders of the Day until such time as it is dispatched.

It was agreed by unanimous consent that second reading of Bills 30, 31, and 32, standing on the Order and Notice Paper, be deferred until Wednesday, March 29, 2006.

On motion of Hon. Mr. Harrison, seconded by Hon. P. Robichaud,RESOLVED, that when the House adjourns, it stand adjourned until 9 o’clock a.m. tomorrow.And the question being put, it was resolved in the affirmative.


The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Annual ReportsOffice of the Comptroller 2004-2005 December 23, 2005New Brunswick Human Rights Commission December 23, 2005New Brunswick Police Commission 2004-2005 January 3, 2006Provincial Holdings Ltd. 2004-2005 January 9, 2006Kings Landing Historical Settlement 2004-2005 January 10, 2006Agriculture, Fisheries and Aquaculture 2004-2005 January 11, 2006Chief Coroner 2004-2005 January 16, 2006


Regional Development Corporation 2004-2005 January 19, 2006Municipal Statistics of New Brunswick 2005 January 23, 2006New Brunswick Electric Finance Corporation 2004-2005 January 25, 2006Health and Wellness 2004-2005 January 27, 2006Environment and Local Government 2004-2005 January 30, 2006Report of the Supervisor of Political Financing Under the Political Process Financing Act 2002 January 30, 2006Report of the Supervisor of Political Financing Under the Political Process Financing Act 2003 January 30, 2006Office of the Commissioner of Official Languages 2004-2005 January 31, 2006Energy 2004-2005 February 1, 2006Education 2004-2005 February 14, 2006Ombudsman 2004-2005 February 20, 2006Royal Canadian Mounted Police J Division 2004-2005 March 6, 2006Justice and Attorney General 2004-2005 March 8, 2006Aboriginal Affairs Secretariat 2004-2005 March 16, 2006Justice - Insurance 2004-2005 March 22, 2006Vital Statistics - Health 2004-2005 March 22, 2006Other ReportsReport of the Auditor General of New Brunswick - Volume 2 - 2005 and Highlights January 10, 2006Report of the Chief Electoral Officer - By-Election - Saint John Harbour - November 14, 2005 January 16, 2006Public Accounts for the fiscal year ended 31 March 2005 - Volume 2 - Supplementary Information January 20, 2006Public Accounts for the fiscal year ended 31 March 2005 - Volume 5 - Salary Listings of Organizations January 20, 2006A New Electoral Map for New Brunswick - Final Report of the Electoral Boundaries and Representation Commission - February 2006, A New Electoral Map for New Brunswick - Appendix B - New Electoral Districts, Recommended Electoral Boundaries based on the Final Report of the Electoral Boundaries and Representation Commission February 20, 2006


Amended Final Report of the Electoral Boundaries and Representation Commission - March 2006 March 24, 20062006 Report Card on the Status of Women in New Brunswick - A Statistical Profile by the New Brunswick Advisory Council on the Status of Women March 24, 2006Documents requested in Notices of Motions:Motion 12 December 15, 2005Motion 24 December 21, 2005Motions 9, 20 December 23, 2005Motion 22 January 12, 2006Motion 8 January 13, 2006Motion 27 January 18, 2006Motion 35 January 20, 2006Motion 34 January 24, 2006Motions 17, 21 January 27, 2006Motion 37 January 31, 2006Motions 25, 29, 32, 33, 38, 39 February 1, 2006Motion 6 February 8, 2006Motion 31 February 17, 2006Motion 13 February 21, 2006Motion 14 February 28, 2006Motions 3, 5 March 3, 2006Motion 7 March 9, 2006Motions 15, 42, 43 March 22, 2006


Wednesday, March 29, 2006.9 o’clock a.m.

Prayers.Mr. A. LeBlanc, the Member for Saint John Lancaster, laid upon the table of the House a petition signed by citizens of the Campbellton area who implore the government to intervene to ensure that the proposed increases to power rates by NBPower are not allowed at this time. (Petition 10)

Mr. Haché, the Member for Nigadoo-Chaleur, laid upon the table of the House a petition signed by citizens of the Edmundston area who implore the government to intervene to ensure that the proposed increases to power rates by NBPower are not allowed at this time. (Petition 11)

Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition signed by residents of the Restigouche West riding requesting that Restigouche not lose a seat in the Legislative Assembly and that the riding be kept intact. (Petition 12)

Mr. Paulin, Member for Restigouche West, laid upon the table of the House a petition signed by residents of Saint-Arthur requesting repairs to certain roads including Routes 17 and 275. (Petition 13)

Mr. Arseneault, Member for Dalhousie-Restigouche East, laid upon the table of the House a petition signed by workers from Bowater Maritimes Woodlands Division in Dalhousie expressing concern regarding the continuing increase in electricity rates. (Petition 14)

Motions 3, 5, 6, 7, 8, 9, 12, 13, 14, 15, 17, 20, 21, 22, 24, 25, 27, 29, 31, 32, 33, 34, 35, 37, 38, 39, 42 and 43 were, by leave of the House, withdrawn.

Mr. Doucet gave Notice of Motion 47, that on Tuesday, April 4, 2006, he would move the following resolution, seconded by Mr. MacIntyre:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the names of any and all law firms employed by the Government of New Brunswick associated in any way with either past, current or ongoing legal counsel pertaining to the Orimulsion file, as well as, the total amount of fees paid as of March 28, 2006, to said law firms by the Government of New Brunswick for services


rendered in either past, current or ongoing legal proceedings relating to the Orimulsion file.

Mr. Murphy gave Notice of Motion 48, that on Tuesday, April 4, 2006, he would move the following resolution, seconded by Mr. S. Graham:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research between January 1, 2006, and March 28, 2006, pertaining to the decision of the Government of New Brunswick to regulate oil and gasoline prices in the Province of New Brunswick.

Mr. Burke gave Notice of Motion 49, that on Tuesday, April 4, 2006, he would move the following resolution, seconded by Mr. S. Graham:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research between January 1, 2006, and March 28, 2006, pertaining to a feasibility study of a second nuclear reactor in the Province of New Brunswick.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, the House would adjourn for the day.

The Order being read for second reading of Bill 30, An Act to Amend the Prescription Drug Payment Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, the debate being ended, and the question being put that Bill 30, An Act to Amend the Prescription Drug Payment Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 30, An Act to Amend the Prescription Drug Payment Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 31, An Act to Amend the Electricity Act, a debate arose thereon.And after some time, Mr. Speaker resumed the chair.


And the debate being ended, and the question being put that Bill 31, An Act to Amend the Electricity Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 31, An Act to Amend the Electricity Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent that the second reading of Bill 32, Fairness in Fees Act, standing on the Order and Notice Paper, be deferred until Friday, March 31, 2006.

And then, 11.55 o’clock a.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Main Estimates 2006-2007 March 28, 2006Budget 2006-2007 March 28, 2006The New Brunswick Economy 2006 March 28, 2006Government of New Brunswick Workforce Profile 2005 March 28, 2006


Thursday, March 30, 2006.1 o’clock p.m.

Prayers.The Order of the Day for resuming the adjourned debate on the motion (Motion 28),That this House approves in general the budgetary policy of the government, having been read,The debate was resumed by Mr. Lamrock, on behalf of Mr. Murphy.And after some time, on motion of Hon. Mr. Williams, the further consideration thereof was adjourned over.

And then, 2,25 o’clock p.m., the House adjourned.

The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Annual Report 2004-2005, Public Safety Inspection Services March 28, 2006Documents requested in Notice of Motion 16 March 23, 2006


Friday, March 31, 2006.10 o’clock a.m.

Prayers.The Honourable the Premier welcomed to the House Russ Howard, Milaine Thériault and Derek Doucet, New Brunswick participants in the Winter Olympics in Turin, Italy.

Mr. Sherwood, Member for Grand Bay-Westfield, welcomed to the House Mr. Harold Fanjoy, former MLA for Kings Centre (1974-1987), Minister of Supply and Services (1976-1982) and Chairman of Treasury Board (1982-1985).

Mr. S. Graham, the Member for Kent, laid upon the table of the House a petition signed by residents of Kent County urging the government to improve the conditions of the road from Kent Lake Corner to the entrance to the Kent Lake Lodge Road. (Petition 15)

Mr. Foran gave Notice of Motion 50, that on Thursday, April 6, 2006, he would move the following resolution, seconded by Mr. Brewer:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all names of physicians and their specialties who were recruited to Region 7 (Miramichi Regional Health Authority) from June 1999 until present, andall names of physicians leaving Region 7 (Miramichi Regional Health Authority) from 1999 until present, andall names of physicians who have reduced their services within Region 7 (Miramichi Regional Health Authority) or changed their services, including those who moved from general practice in the community to work in the Miramichi Regional Hospital Emergency Department from June 1999 until present.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, the House would resolve itself into a Committee of the Whole to consider legislation; namely, Bill 14; following which, the House would resume the adjourned debate on the motion that this House approves in general the budgetary policy of the government.

The Order being read for second reading of Bill 14, Fairness in Fees Act, a debate arose thereon.


And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, the debate being ended, and the question being put that Bill 14, Fairness in Fees Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 14, Fairness in Fees Act, was read a second time and ordered referred to the Committee of the Whole House.

The House resolved itself into a Committee of the Whole with Mr. C. LeBlanc in the chair.And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentation of Committee Reports, reported:That the Committee had directed him to report the following Bill as agreed to:Bill 14, An Act to Amend the Industrial Relations Act.


The Order of the Day for resuming the debate on the motion (Motion 28),That this House approves in general the budgetary policy of the government, having been read,The debate was resumed.At 12.30 o’clock p.m., Mr. Speaker left the chair to resume again at 1.30 o’clock p.m.

1.30 o’clock p.m.Debate resumed with Mr. Speaker in the chair.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker took the chair as Acting Speaker.And after some further time, Mr. C. LeBlanc, took the chair.And after some time, Mr. Speaker resumed the chair and interrupted the debate because of the hour of daily adjournment.


April 4 93Journal of Assembly

Tuesday, April 4, 2006.1 o’clock p.m.

Prayers.Mr. Paulin, the Member for Restigouche West, laid upon the table of the House a petition signed by residents of the Restigouche West riding requesting that Restigouche not lose a seat in the Legislative Assembly and that the riding be kept intact. (Petition 16)

Mr. Paulin gave notice of Motion 51, that on Tuesday, April 11, 2006, he would move the following resolution, seconded by Mr. Allaby:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research between June 1, 2003, and April 4, 2006, for any proposed plans for changes to Route 17; as well as,all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research between June 1, 2003, and April 4, 2006, between the federal government and the government of New Brunswick regarding Route 17.

Hon. Mr. Harrison, Government House Leader, announced that following third reading and the time reserved for Private Members’ Motions, it was the intention of government that the House resume the adjourned debate on the motion that this House approves in general the budgetary policy of the government.

The following Bill was read a third time:Bill 14, An Act to Amend the Industrial Relations Act.

Ordered that the said Bill does pass.

Pursuant to Notice of Motion 30, Mr. Lamrock moved, seconded by Mr. S. Graham:WHEREAS the government has approved two private colleges to be eligible for public student loans; andWHEREAS innocent New Brunswickers have been hurt by these colleges;BE IT RESOLVED THAT the Legislative Assembly ask the Auditor General to review the approval process for private training institutions.

94 April 454-55 Elizabeth II, 2005-2006

And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc took the chair as Acting Speaker.And after some time, Mr. Speaker resumed the chair.And the debate being ended, and the question being put, Motion 30 was defeated.

The Order of the Day for resuming the debate on the motion (Motion 28),That this House approves in general the budgetary policy of the government, having been read,The debate was resumed.And after some time, Mr. Speaker interrupted the debate for the hour of daily adjournment.


The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 36 March 28, 2006


Wednesday, April 5, 2006.10 o’clock a.m.

Prayers.Hon. Mr. Harrison rose on a point of order and submitted that Mr. Lamrock’s reply to a Minister’s statement was not brief and had exceeded the length of the Minister’s statement. Mr. Speaker informed the House that the Member’s reply was within the prescribed time.

During Members’ Statements, Mr. Jamieson rose on a point of order and submitted that the statement by the Member for Grand Bay-Westfield was a personal attack upon himself. Mr. Speaker ruled the point well taken and requested all Members to refrain from personal attacks.

Mr. S. Graham gave Notice of Motion 52, that on Tuesday, April 11, 2006, he would move the following resolution, seconded by Mr. Doherty:WHEREAS an agreement was signed with the federal government on November 24, 2005, to transfer $110 million over 5 years to improve the childcare system in New Brunswick; andWHEREAS more than three-quarters of mothers in New Brunswick with preschool children work outside the home; andWHEREAS New Brunswick parents are among the Canadians most likely to have their children in a nonparental day care situation; andWHEREAS New Brunswick’s system for licensed and regulated childcare is among the worst in the country; andWHEREAS other provinces are demanding that the federal government honour the Early Learning and Childcare agreement signed in 2005; andWHEREAS the Early Learning and Childcare Agreement signed with the federal government last year was supported by the majority of New Brunswickers;BE IT THEREFORE RESOLVED that the Legislative Assembly of New Brunswick call on the federal minority government to reverse their decision to unilaterally withdraw from the signed Early Learning and Childcare Agreement; andBE IT THEREFORE FURTHER RESOLVED that all funds negotiated to improve our childcare system are transferred to New Brunswick.


Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resume the adjourned debate on the motion that this House approves in general the budgetary policy of the government.

The Order of the Day for resuming the debate on the motion (Motion 28),That this House approves in general the budgetary policy of the government, having been read,The debate was resumed.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.At 12.30 o’clock p.m., Mr. Deputy Speaker left the chair to resume again at 2 o’clock p.m.

2 o’clock p.m.

The House resumed with Mr. Betts, the Deputy Speaker, in the chair.Debate was resumed on the motion THAT this House approves in general the budgetary policy of the government.And after some time, Mr. C. LeBlanc, took the chair.And after some further time, Mr. Speaker resumed the chair and, on motion of Mr. Mesheau, the further consideration thereof was adjourned over.



Thursday, April 6, 2006.1 o’clock p.m.

Prayers.The Hon. Bernard Lord welcomed to the Chamber His Excellency David Reddaway, the British High Commissioner to Canada. Mr. S. Graham joined with the Premier in this regard.

Mr. Lamrock rose on a point of order and submitted that the rules pertaining to Congratulatory Messages were not being followed, and that the messages delivered at today’s sitting were of a political nature. Mr. Speaker ruled the point well taken.

Mr. Foran, the Member for Miramichi-Centre, laid upon the table of the House a petition signed by residents of Miramichi offering support for Dr. Jamil Shaikh, nephrologist, and opposing any decision of the Board of Directors of Miramichi Region 7 Health Authority to terminate his employment. (Petition 17)

Ms. Robichaud, the Member for Miramichi Bay, laid upon the table of the House a petition signed by residents of Miramichi offering support for Dr. Jamil Shaikh, nephrologist, and opposing any decision of the Board of Directors of Miramichi Region 7 Health Authority to terminate his employment. (Petition 18)

Mr. Brewer, the Member for Southwest Miramichi, laid upon the table of the House a petition signed by residents of Miramichi offering support for Dr. Jamil Shaikh, nephrologist, and opposing any decision of the Board of Directors of Miramichi Region 7 Health Authority to terminate his employment. (Petition 19)

Hon. Mr. Harrison rose on a question of privilege concering a letter from the Member for Saint John Lancaster which he claimed demonstrated contempt, disrespect, and called into question the legitimacy of the Speaker and the proceedings in the House and, pursuant to Standing rule 9(2), gave notice of his intention to move the following motion, seconded by Hon. P. Robichaud:THAT the subject matter of the letter from the Member for Saint John Lancaster published in today’s edition of the Telegraph Journal be referred to the Standing Committee on Privileges.Mr. Speaker advised the House that the matter would be dealt with in the time required in accordance with the Standing Rules of the House.


The following Bills were introduced and read a first time.By Hon. Mr. Lord,

Bill 33, An Act to Amend the Executive Council Act.

By Hon. Ms. Poirier,Bill 34, An Act to Amend the Municipalities Act.

By Hon. Mr. Fitch,Bill 35, An Act to Amend The Residential Tenancies Act.Bill 36, An Act to Amend the Jury Act.

By Hon. Mr. Harrison,Bill 37, An Act to Amend the Elections Act.

By Hon. Mr. Volpé,Bill 38, An Act Respecting Pensions.

By Hon. Mr. Green,Bill 39, An Act to Repeal the Married Woman’s Property Act.Bill 40, An Act to Amend the Warehouseman’s Lien Act.Bill 41, An Act to Amend the Woodsmen’s Lien Act.

By Mr. Steeves,Bill 42, An Act to Amend the Motor Vehicle Act.


Mr. Doucet gave Notice of Motion 53, that on Thursday, April 13, 2006, he would move the following resolution, seconded by Mr. MacIntyre:That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the House the names of any and all law firms employed by the New Brunswick Power Holding Corporation associated in any way with either past, current or ongoing legal counsel pertaining to the memorandum of understanding or fuel supply agreement for Orimulsion at Coleson Cove, as well as the total amount of fees paid from January 1, 2002, to present, to said law firms by the Government of New Brunswick and/or New Brunswick Power Holding Corporation for services rendered in either past, current, or ongoing legal proceedings relating to the Orimulsion file.

Mr. Lamrock gave Notice of Motion 54, that on Thursday, April 13, 2006, he would move the following resolution, seconded by Ms. Robichaud:WHEREAS the McKay Report tells us that too many children with learning disabilities are not receiving services; and


WHEREAS the Report sets out clear recommendations and deadlines for solving this problem; andWHEREAS the problem will get worse if we wait; andWHEREAS a minority government should be accountable for taking action on this important file;BE IT RESOLVED that the Legislative Assembly endorse the recommendations and deadlines contained in the McKay Report;BE IT FURTHER RESOLVED that this Assembly invite the Minister of Education to appear quarterly before the Standing Committee on Education to provide updates on the implementation of the Report, commencing in October 2006.

Hon. Mr. Harrison, Government House Leader, announced that following Private Members’ Motions, it was the intention of government that the House resume the adjourned debate on the motion that this House approves in general the budgetary policy of the government.It was agreed by unanimous consent to limit debate on Motion 41 to one speaker from each recognized party and the traditional summation by the mover.

Pursuant to Notice of Motion 41, Mr. Doherty moved, seconded by Mr. A. LeBlanc:WHEREAS all parties of the Legislative Assembly have stated a commitment to address the issue of slum landlords in the province of New Brunswick;WHEREAS on December 9, 2005, the Legislative Assembly voted unanimously in favour of Bill 9, An Act Respecting the Protection of the Low-Income Occupier;

BE IT RESOLVED that this Legislative Assembly urge the government to bring forward Bill 9 for consideration in Committee of the Whole by April 15, 2006.Mr. Speaker put the question and a debate ensued.And the debate being ended and the question being put, Motion 41 was defeated.

Mr. Speaker welcomed to the House Mr. Ken Greenham, Sergeant-at-Arms for the House of Assembly of Nova Scotia.


The Order of the Day for resuming the debate on the motion (Motion 28),That this House approves in general the budgetary policy of the government, having been read,The debate was resumed.

And after some time, Mr. Speaker interrupted proceedings and invited Hon. Mr. Harrison to state his question of privilege concerning the subject matter of the letter by the Member for Saint John Lancaster. After hearing comments from Mr. Lamrock, Mr. Speaker stated he would take the matter under advisement and report back to the House at the earliest opportunity.

Debate was resumed on the motion that this House approves in general the budgetary policy of the government.And after some time, on motion of Hon. Mr. Green, on behalf of the Honourable the Premier, the further consideration thereof was adjourned over.

It was agreed by unanimous consent that second reading of Bills 33 through 42 introduced during this day’s sitting be deferred until Tuesday, April 11, 2006.


The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 47 April 5, 2006


Friday, April 7, 2006.10 o’clock a.m.

Prayers.The Order of the Day for resuming the debate on the motion (Motion 28),That this House approves in general the budgetary policy of the government, having been read,The debate was resumed.And the debate being ended, and the question being put, the House divided as follows:

YEAS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. C. LeBlancHon. Mr. Mockler Hon. Mr. Holder Mr. Betts

NAYS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauThere being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the affirmative and stated the following reasons:

STATEMENTHonourable Members,The Clerk has announced an equality of votes for and against the motion. Pursuant to Standing Rule 14, it is my duty as Speaker to cast the deciding vote.


However, the exercise of this responsibility could weaken confidence in the Chair’s impartiality; therefore, certain conventions have developed to guide Speakers in the exercise of the casting vote.In this case, the Chair is aware that the passage of the budget motion is a test of confidence of the Assembly in the Government. The conventions and precedents are clear; questions of confidence are of such importance that an expression of non-confidence should clearly be stated by a majority.In addition to my responsibilities to this House as Speaker, I also have a duty to the constituents of Miramichi-Bay du Vin, who elected me, and to the people of New Brunswick.In this instance, the Chair is guided by the principles regarding the Speaker’s casting vote on a matter of confidence. I therefore cast my vote in the affirmative; the motion is carried.

Mr. Speaker, at the request of Hon. Mr. Harrison, Government House Leader, reverted to Government Motions for the Ordering of the Business of the House.

Hon. Mr. Harrison announced that it was the intention of the government that the House resolve itself into a Committee of Supply to be granted to Her Majesty forthwith.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair.The Chairman having put the question on the motion by Hon. Mr. Harrison, seconded by the Honourable the Premier,THAT the supply be granted to Her Majesty,And a recorded division having been requested, at 11.46 o’clock p.m., the Chairman declared a recess to consider whether the request for a recorded division was in order.

12.17 o’clock p.m.

The Chairman resumed the chair and declared the request for a recorded division to be in order.Accordingly, the Chairman put the question on the motionTHAT supply be granted to Her Majestyand the motion was defeated on the following recorded division:


YEAS - 26Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. BettsHon. Mr. Mockler Hon. Mr. Holder

NAYS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. Boudreau

Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee, proceeding in the matter under consideration, had negatived the following resolution:THAT the supply be granted to Her Majesty.And the Committee asked leave to make a further report.Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion, deemed to be before the House, that the report be concurred in, and a recorded division having been requested, at 12.55 o’clock p.m., Mr. Speaker declared a recess and advised the House that the division would take place at the resumption of the sitting at 2 o’clock p.m.

2 o’clock p.m.

Mr. Speaker resumed the chair.Mr. Speaker again put the question on the motion that the report be concurred in, and the House divided as follows:

YEAS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. Huntjens


Hon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. C. LeBlancHon. Mr. Mockler Hon. Mr. Holder Mr. Betts

NAYS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. Boudreau There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative and stated the following reasons:

STATEMENTHonourable Members,The Clerk has announced an equality of votes for and against the motion. It is now my duty to cast the deciding vote.The motion before me now is that the House does concur in the report of the Committee of SupplyIn casting the deciding vote, the parliamentary precedents dictate that the Speaker should vote, wherever possible, to maintain the status quo and to allow for further debate.Accordingly, I will cast my vote in the negative on the motion to concur in this Report.Therefore, the motion that the House does concur in the report of the Committee of Supply is defeated.Honourable Members, it should be stated and made very clear that the motion moved earlier in Committee of Supply - That Supply Be Granted to Her Majesty - was a procedural formality, a purely symbolic motion that is traditionally moved following the passing of the Budget vote in the House. The motion is traditionally decided without dissent following the passing of the budget vote which occurred earlier today.


Earlier in this session, on December 21, 2005, the same symbolic motion was passed in Committee of Supply after transmission of the Capital Estimates 2006-2007.On that same day the following motion was also adopted by the House and remains in effect during the session:That consideration of Estimates in Committee of Supply be added to the Orders of the day until such time as they are dispatched.I must also point out to Members that our Standing Rules are very clear on this matter:Standing Rule 108 states as follows, and I quote:

108 On any day on which Estimates or Supplementary Estimates are transmitted to the House, such Estimates shall be deemed to be referred to the Committee of Supply.

Accordingly, it is clear that both the Capital and the Main Estimates now stand referred to the Committee of Supply for further consideration.The motion defeated in Committee earlier today has no effect on this. The estimates remain referred to Committee of Supply for further consideration.


The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notices of Motions 48, 49 April 6, 2006


Tuesday, April 11, 2006.1 o’clock p.m.

Prayers.Honourable Members,Mr. Speaker delivered a ruling with respect to a Question of Privilege raised on Thursday last by the Honourable Government House Leader with respect to a letter to the editor written by the Member for Saint John Lancaster which appeared in the Telegraph Journal on April 6, 2006.

STATEMENTHonourable Members,Last Thursday, the Government House Leader raised a question of privilege, stating that a letter from the Member for Saint John Lancaster published in the Telegraph-Journal on April 6 calls into question the integrity of this House, and the Office of the Speaker by questioning the House’s selection of the Speaker.In his submission, the Government House Leader argued that the Member’s actions have brought into disrepute the role of the Speaker and the Legislature as a whole, and clearly demonstrate contempt for this House and contempt for the Speaker, who was democratically elected by the Members of the Legislature. He argued that the letter from the Member for Saint John Lancaster constitutes prima facie evidence that a breach of privilege has been committed and urges that the matter be referred to the Standing Committee on Privileges.In speaking to the matter, the Opposition House Leader noted that matters concerning privilege are very serious and that genuine questions of privilege should come up very rarely.The Opposition House Leader referred to Marleau and Montpetit, House of Commons Procedure and Practice, which states, at page 69:

The reluctance to invoke the House’s authority to reprimand, admonish or imprison anyone found to have trampled its dignity or authority and that of its Members appears to have become a near constant feature of the Canadian approach to privilege.

The Opposition House Leader argued that the letter from the Member for Saint John Lancaster concerned only the process by which the Speaker came to office and that it did not reflect negatively on the Speaker himself. He argued that the comments may have been critical of the government but that they did not amount to a contempt for the Legislature.


Many matters, the Member noted, may constitute grievances but do not rise to the level of a genuine question of privilege.I would like to thank both Honourable Members for their comments.I want to outline to the Assembly what the role of the Speaker is in a matter of privilege. It is not the function of the Speaker to decide the question of substance, that is, whether a breach of privilege has in fact been committed. It is my duty to determine whether, in this instance, a prima facie case of privilege has been made which justifies this matter taking precedence over the regular business of the House.Privilege, as all Members know, is a very serious and very important issue. The essence of privilege or breach of privilege has to do with the ability of a Member to fulfill his or her responsibilities as a Member.The privileges extended to Members individually and to the House collectively are categorized under five headings which are:Freedom of speech; Freedom from arrest in civil actions; Exemption from jury duty; Exemption from attendance as a witness; and Freedom from molestation.As a result, when Members claim that a certain action constitutes a breach of privilege, they must specify which privilege is affected.Contempts on the other hand cannot be enumerated or categorized. While our privileges are defined, contempt of the House has no limits. As noted in May’s Parliamentary Practice Twenty-third Edition (page 75): “Each House also claims the right to punish contempts, that is, actions which, while not breaches of any specific privilege, obstruct or impede it in the performance of its functions, or are offences against its authority or dignity...”Contempts, in other words, are offenses against the authority or the dignity of the House. They involve situations which cannot specifically be claimed as breaches of privilege. Joseph Maingot, a Canadian authority on privilege, refers to contempts at page 213 of Parliamentary Privilege in Canada, First Edition:

There are actions which, while not directly... obstructing the House... or the member, nevertheless obstruct the House in performance of its functions by diminishing the respect due to it. As in the case of a court of law, the House... is entitled to the utmost respect.

Honourable Members, I have carefully considered the contents of the letter in question and the submissions of both House Leaders.


I agree with the Government House Leader that the remarks contained in the letter undermine this institution and the work we perform. The Member’s remarks reflect on the Legislature as a whole and on the Office of Speaker and make it more difficult for the Speaker to fulfill his duties by diminishing the respect owed to the office and to this institution.Privilege as I have said is a very serious matter. The power of the House to punish for contempt should be reserved for the most serious offences.As I stated earlier, my role is to determine whether an application based on contempt or breach of privilege is on first impression of sufficient importance to set aside the regular business of the House and go forward for a decision of the House. If I find that a prima facie case of contempt has been made, the matter will go forward for a debate and a decision by the House.It is my opinion that this would not be productive and would only serve to give more significance to the remarks than they merit. For this reason and the reasons stated above, I find that a prima facie case of contempt has not been made.There is however a need for a clear statement from the Speaker on this matter. I find that the publication of this letter is in poor taste and does a disservice to this House and the Office of Speaker.While I cannot order an apology, I would suggest that the Member for Saint John Lancaster apologize to this House.

Mr. A. LeBlanc, Member for Saint John Lancaster, apologized to the House for comments he made in a letter published in the Telegraph-Journal on April 6, 2006.

During Congratulatory Messages, Hon. Mr. MacDonald, Member for Mactaquac, rose and apologized for certain remarks he made during a congratulatory statement the previous week of the session.

Mr. S. Graham, the Member for Kent, laid upon the table of the House a petition on behalf of the Weldford Parish Ambulance Committee urging the government to provide equal ambulance service for the residents of Kent County’s four regions and to adopt public, hospital-based ambulance service. (Petition 20)

The following Bills were introduced and read a first time.By Hon. Mr. Harrison, on behalf of Hon. Mr. Lord,

Bill 43, An Act to Amend the Time Definition Act.


By Ms. C. Robichaud,Bill 44, Healthy Students Act.Bill 45, An Act to Amend the Education Act.

By Mr. Lamrock,Bill 46, An Act Respecting Access to Community Colleges.


Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House consider Private Members’ Motions; namely, Motion 52.

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

The Order being read for second reading of Bill 34, An Act to Amend the Municipalities Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Betts took the chair.And the debate being ended, and the question being put that Bill 34, An Act to Amend the Municipalities Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 34, An Act to Amend the Municipalities Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 35, An Act to Amend The Residential Tenancies Act, a debate arose thereon.And after some time, Mr. Speaker resumed the chair and interrupted the debate for the hour of daily adjournment.




Prayers.During Oral Questions, Mr. Speaker interrupted the proceedings and reminded Members to refrain from making personal attacks and to direct questions and answers through the chair.

Mr. Doherty gave Notice of Motion 55 that on Tuesday, April 18, 2006, he would move the following resolution, seconded by Mr. S. Graham:That an address be presented to His Honour the Lieutenant-Governor praying that he lay upon the table of the House a copy of the Final Report (January, 2006) titled Home Support Workers, Raising our Voices: Toward Workforce Adjustment Through Policy and Strategic Action produced by the Home Support Worker Labour Force Adjustment Committee, contract number 56592.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of the Whole to consider Bills; namely, Bills 34, 35 and 8.

The following Bill was read a second time and ordered referred to the Committee of the Whole House:Bill 36, An Act to Amend the Jury Act.

The Order being read for second reading of Bill 37, An Act to Amend the Elections Act, a debate arose thereon.Mr. Lamrock rose on a point of order and inquired as to why Bill 35 was not the first Bill ordered for second reading. Mr. Speaker advised the House that when the House adjourns for the day prior to the conclusion of the debate of a Bill at second reading, as was the case with Bill 35, the Bill is no longer ordered for second reading for the next sitting day; it is placed under adjourned debates and can be called for second reading at the discretion of the government.And the debate continuing, after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And the debate being ended, and the question being put that Bill 37, An Act to Amend the Elections Act, be now read a second time, it was resolved in the affirmative.


Accordingly, Bill 37, An Act to Amend the Elections Act, was read a second time and ordered referred to the Committee of the Whole House.

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

The Order being read for second reading of Bill 39, An Act to Repeal the Married Woman’s Property Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 39, An Act to Repeal the Married Woman’s Property Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 39, An Act to Repeal the Married Woman’s Property Act, was read a second time and ordered referred to the Committee of the Whole House.

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

2 o’clock p.m.

Mr. Betts, the Deputy Speaker, resumed the chair.The Order being read for second reading of Bill 40, An Act to Amend the Warehouseman’s Lien Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 40, An Act to Amend the Warehouseman’s Lien Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 40, An Act to Amend the Warehouseman’s Lien Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 41, An Act to Amend the Woodsmen’s Lien Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 41, An Act to Amend the Woodsmen’s Lien Act, be now read a second time, it was resolved in the affirmative.


Accordingly, Bill 41, An Act to Amend the Woodsmen’s Lien Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 42, An Act to Amend the Motor Vehicle Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 42, An Act to Amend the Motor Vehicle Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 42, An Act to Amend the Motor Vehicle Act, was read a second time and ordered referred to the Committee of the Whole House.

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

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

The Order being read for second reading of Bill 45, An Act to Amend the Education Act, a debate arose thereon.And after some time, Mr. Speaker resumed the chair.And after some further time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some time, Mr. C. LeBlanc, the Deputy Speaker, took the chair.After some time, Mr. C. LeBlanc, the Acting Speaker, requested that Mr. Albert, the Member for Caraquet, retract certain comments he


had made which were directed at the Minister of Post-Secondary Education and Training and the Member complied.And after some time, Mr. Betts, resumed the chair.And the debate being ended, and the question being put that Bill 45, An Act to Amend the Education Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 45, An Act to Amend the Education Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 46, An Act Respecting Access to Community College, it was agreed by unanimous consent to defer second reading until Friday, April 13, 2006, and to resume the adjourned debate on the motion for second reading of Bill 35.

Debate was resumed on the adjourned debate on the motion that Bill 35, An Act to Amend The Residential Tenancies Act, be now read a second time.And the debate being ended, and the question being put that Bill 35, An Act to Amend The Residential Tenancies Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 35, An Act to Amend The Residential Tenancies Act, was read a second time and ordered referred to the Committee of the Whole House.


The following document, having been deposited with the Clerk of the House since the last sitting of the House, was deemed laid upon the table of the House pursuant to Standing Rule 39: Workplace Health, Safety and Compensation Commission 2005 April 7, 2006


Thursday, April 13, 2006.1 o’clock p.m.

Prayers.Mr. Speaker delivered the following statement:

STATEMENTHonourable members, I wish to make a brief statement with respect to my status as Member of the Legislative Assembly for the riding of Miramichi-Bay du Vin.Following a period of reflection, I have decided that it is in the best interest of my constituents that I return to the government caucus. Late this morning, I had a meeting with the Premier, where I informed him that I would be returning to the government caucus effective immediately. The Premier has informed me that he and the members of government caucus agree and welcome me back.I want to sincerely thank the Premier and my colleagues. Although I am now a member of the government caucus, while the House is in session, I do not intend to participate in caucus meetings.With respect to my responsibilities as Speaker of this House, there is no change. I will continue to fulfill the duties of the Office of Speaker in a fair and impartial manner.Thank you honourable members.

The Honourable the Premier laid upon the table of the House a document entitled Reconciling the Irreconcilable: Addressing Canada’s Fiscal Imbalance.

Hon. Mr. Mockler laid upon the table of the House a document entitled Attracting and Retaining Immigrants, A Tool Box of Ideas for Smaller Centres, Prepared by the National Working Group on Small Centre Strategies.

The following Bill was introduced and read a first time.By Mr. S. Graham,

Bill 47, An Act to Amend the Conflict of Interest Act.Ordered that the said Bill be read a second time at the next sitting.

Mr. Armstrong gave Notice of Motion 56 that on Thursday, April 20, 2006, he would move the following resolution, seconded by Mr. Doherty:


That an address be presented to His Honour the Lieutenant-Governor praying that he lay upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research between the province of New Brunswick and both the New Brunswick Cattle Producers Association and River Valley Meat Packers Ltd., pertaining to, but not limited to, support for an Atlantic federally-inspected abattoir and processing plant, as well as any and all plans for design and engineering for a federally licensed abattoir and processing plant from June 1, 2003, to April 13, 2006.

Mr. Jamieson gave Notice of Motion 57 that on Thursday, April 20, 2006, he would move the following resolution, seconded by Mr. V. Boudreau:That an address be presented to His Honour the Lieutenant-Governor praying that he lay upon the table of the House the names, titles, responsibilities and detailed job descriptions of any and all employees of casual, part-time, full-time and /or permanent status that are currently employed, or were employed, at any time between June 1, 2003, and April 14, 2006, through the Office of the Premier.

Mr. Lamrock gave Notice of Motion 58 that on Thursday, April 20, 2006, he would move the following resolution, seconded by Mr. Kenny:WHEREAS economic development funds exist to improve prospects of good jobs and good wages; andWHEREAS in today’s global economy these good jobs require an investment in research and development; andWHEREAS neighbouring jurisdictions are investing more aggressively in research and development than New Brunswick is; andWHEREAS New Brunswick is not on pace to meet the targets for wages or research and development spending set out in the Prosperity Plan;BE IT RESOLVED THAT this Assembly urge the government to present clear spending targets for research and development spending from all economic development and innovation funds by May 31, 2006.


It was agreed by unanimous consent to defer second reading of Bill 46, An Act Respecting Access to Community College, to Tuesday, April 25, 2006.

Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that with leave, the House would resolve itself into a Committee of the Whole to consider legislation; namely, Bills 34, 35, 8 and 28, following which, there would be third reading and the Royal Assent Ceremony.

It was agreed by unanimous consent to consider Private Members’ Motion 52 following the Royal Assent Ceremony.

It was agreed by unanimous consent that Bills 34, 35, 8 and 28 be considered in Committee of the Whole forthwith.

The House resolved itself into a Committee of the Whole House with Mr. Betts in the chair.And after some time, at the request of the Member for Madawaska-la-Vallée, the Chairman reverted to the Order of Introduction of Guests and Mr. Mockler welcomed to the House Mr. Benoit Cyr, Progressive Conservative MLA for Restigouche West (1999-2003).And after some further time spent in Committee of the Whole, Mr. Speaker resumed the chair and Mr. Betts, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentation of Committee Reports, reported:That the Committee had directed him to report the following Bills as agreed to:Bill 8, An Act to Amend the Film and Video Act.Bill 28, An Act to Amend the Gas Distribution Act.Bill 34, An Act to Amend the Municipalities Act.Bill 35, An Act to Amend The Residential Tenancies Act.


It was agreed by unanimous consent that Bills 8, 28, 34 and 35 be read a third time forthwith.



Bill 8, An Act to Amend the Film and Video Act.Bill 28, An Act to Amend the Gas Distribution Act.Bill 34, An Act to Amend the Municipalities Act.Bill 35, An Act to Amend The Residential Tenancies Act.


His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne.Mr. Speaker addressed His Honour as follows:

May It Please Your Honour:The Legislative Assembly of the Province of New Brunswick has passed several Bills at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent.

The Clerk Assistant then read the titles of the Bills as follows:

Bill 8, An Act to Amend the Film and Video Act.Bill 14, An Act to Amend the Industrial Relations Act.Bill 28, An Act to Amend the Gas Distribution Act.Bill 34, An Act to Amend the Municipalities Act.Bill 35, An Act to Amend The Residential Tenancies Act.




His Honour then retired.




T uesday, April 25, 2006.1 o’clock p.m.

Prayers.Mr. S. Graham, Leader of the Opposition, paid tribute to the memory of four Canadian soldiers killed in Afghanistan on Saturday, April 22, 2006: Corporal Matthew Dinning, Bombardier Myles Mansell, Lieutenant William Turner and Corporal Randy Payne.

Mr. Burke, Member for Fredericton North, paid tribute to the memory of five-year-old Kevin Lee Philip (Sabattis) Atwin who lost his life in a tragic fire at Kingsclear on Saturday, April 22, 2006.

Mr. Speaker informed the House of the passing of the Speaker of the Legislative Assembly of Nunavut, Hon. Jobie Nutarak, who died on Saturday near his home in Pond Inlet on Baffin Island. Mr. Nutarak was elected as MLA for Tunnuniq when the territory was created in 1999.

Hon. Mr. Ashfield, Member for New Maryland, welcomed to the House Mr. Max White, Confederation of Regions MLA for Sunbury (1991-1995).

The following Bills were introduced and read a first time.By Hon. Mr. Fitch,

Bill 48, An Act to Amend the Pre-arranged Funeral Services Act.

By Hon. D. Graham,Bill 49, An Act to Amend the Teachers’ Pension Act.

By Hon. Mr. Green,Bill 50, Class Proceedings Act.Bill 51, An Act to Amend the Human Tissue Gift Act.

By Hon. Mr. Carr,Bill 52, An Act to Amend the Higher Education Foundation Act.

By Hon. Ms. Dubé,Bill 53, An Act to Amend the Child and Youth Advocate Act.

By Hon. Mr. Steeves,Bill 54, An Act to Amend the Motor Vehicle Act.



Mr. Stiles gave Notice of Motion 59, that on Tuesday, May 2, 2006, he would move the following resolution, seconded by Mr. Betts:WHEREAS there are currently more than 2000 brave men and women serving in Afghanistan from New Brunswick and across Canada;WHEREAS our Canadian armed forces continue to advance democracy, liberty, and fundamental human rights in an unstable region of our world;WHEREAS the people of New Brunswick recognize the importance of Canada’s role in the rebuilding of Afghanistan as this nation continues on its path to stability, democracy, and self-sufficiency;THEREFORE BE IT RESOLVED that this Legislative Assembly express its support for the incredible efforts put forth by all of Canada’s Armed Forces stationed in Afghanistan and throughout the world.

Mr. Albert gave Notice of Motion 60, that on Tuesday, May 2, 2006, he would move the following resolution, seconded by Mr. Landry:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the management plan for the wooded area of the Village historique acadien and all information concerning timber harvesting on Village historique acadien land, including memos, reports, finances, faxes, minutes of meetings, the rationale for harvesting, the number of acres harvested, the number of cords cut, costs and expenses, profits, commitments, and silviculture work carried out, etc., from April 1, 2004, to April 24, 2006.

Mr. Arseneault gave Notice of Motion 61, that on Tuesday, May 2, 2006, he would move the following resolution, seconded by Mr. Haché:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all details of expenditures pertaining to item 4202.001 on page 95 of the 2004/2005 Annual Report Regional Development Corporation.

Mr. Arseneault gave Notice of Motion 62, that on Tuesday, May 2, 2006, he would move the following resolution, seconded by Mr. Haché:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all details of expenditures pertaining to item 4201.001 on page 95 of the 2004/2005 Annual Report Regional Development Corporation.


Mr. V. Boudreau gave Notice of Motion 63, that on Tuesday, May 2, 2006, he would move the following resolution, seconded by Mr. Lamrock:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research pertaining to the yearly “Census Day” figures referred to by the Deputy Minister of Health and Wellness during Public Accounts on February 9, 2006, which determines the number of beds operating in each of the Regional Health Authorities / formerly Regional Hospital Corporations in the month of April in each of the years—1999, 2000, 2001, 2002, 2003, 2004, and 2005.

Hon. Mr. Harrison, Government House Leader, announced that following second reading of Bills 46 and 47, it was the intention of government that the House proceed to the two hours’ allotted for Private Members’ Motions.

The Order being read for second reading of Bill 46, An Act Respecting Access to Community College, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Speaker resumed the chair.And the debate continuing, after some time, Mr. Betts resumed the chair.And after some further time, Mr. Betts, the Deputy Speaker, interrupted the debate for the hour of daily adjournment.


The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 18 April 18, 2006



Prayers.Pursuant to Standing Rule 10, Mr. Branch, Member for Nepisiguit, rose on a Question of Privilege to complain of an article published in L’Acadie Nouvelle on April 25, 2006, that referred to him personally.

The following Bill was introduced and read a first time.By Mr. Allaby,

Bill 55, An Act to Amend the Assessment Act.


Hon. Mr. Harrison, Government House Leader, rose on a point of order and submitted that questions posed by the Member for Moncton North during Oral Questions infringed Standing Rule 49 — they referred to a matter pending in a court — and on Standing Rule 41 — they were not of an urgent matter. Mr. Lamrock spoke on the point of order. Mr. Speaker ruled that Standing Rule 41 had not been infringed and took the matter with respect to Standing Rule 49 under advisement.

Mr. Arseneault gave Notice of Motion 64, that on Tuesday, May 2, 2006, he would move the following resolution, seconded by Mr. Haché:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all details of expenditures pertaining to item 4253.160.058 on page 83 of the 2004/2005 Regional Development Corporation Annual Report.

Mr. Arseneault gave Notice of Motion 65, that on Tuesday, May 2, 2006, he would move the following resolution, seconded by Mr. Haché:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all details of expenditures pertaining to item 4265.001 on page 95 of the 2004/2005 Regional Development Corporation Annual Report.

Mr. Lamrock gave Notice of Motion 66, that on Tuesday, May 2, 2006, he would move the following resolution, seconded by Mr. McGinley:


WHEREAS circumstances have changed since the election of the Member for Miramichi-Bay du Vin as Speaker of the Legislative Assembly; andWHEREAS some of these circumstances; specifically, the seeking of one party’s approval of admission to caucus, the private negotiation of government benefits in exchange for support, and the Speaker’s participation in government announcements of projects which are, or have been represented as being, in exchange for the Speaker’s support, would create reasonable doubts in the impartiality of the Office of Speaker; andWHEREAS it is appropriate that this Assembly be given an opportunity to affirm or withhold its support for the Speaker;BE IT RESOLVED that this Legislative Assembly express its lack of confidence in the Speaker.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of the Whole House to take into consideration Bill 37, An Act to Amend the Elections Act.

The Order being read for second reading of Bill 47, An Act to Amend the Members’ Conflict of Interest Act, a debate arose thereon.And after some time, Hon. Mr. Harrison moved in amendment, seconded by Hon. P. Robichaud:

AMENDMENTThat the motion for second reading be amended by deleting all the words after the word “that” and substituting the following:Bill 47, An Act to Amend the Members’ Conflict of Interest Act, be not now read a second time but that the order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments.And the question being put, a debate ensued.At 12.30 o’clock p.m., Mr. Speaker left the chair to resume again at 2 o’clock p.m.

2 o’clock p.m.

Mr. Speaker resumed the chair.Debate resumed on the proposed amendment to the motion for second reading of Bill 47.


And the debate being ended, and the question being put on the proposed amendment, the House divided as follows:

YEAS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. C. LeBlancHon. Mr. Mockler Hon. Mr. Holder Mr. Betts

NAYS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauThere being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the affirmative and the amendment was carried.

The following Bill was read a second time and referred to the Committee of the Whole House:Bill 48, An Act to Amend the Pre-arranged Funeral Services Act.

The Order being read for second reading of Bill 49, An Act to Amend the Teachers’ Pension Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 49, An Act to Amend the Teachers’ Pension Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 49, An Act to Amend the Teachers’ Pension Act, was read a second time and ordered referred to the Committee of the Whole House.


The Order being read for second reading of Bill 50, Class Proceedings Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 50, Class Proceedings Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 50, Class Proceedings Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 51, An Act to Amend the Human Tissue Gift Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 51, An Act to Amend the Human Tissue Gift Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 51, An Act to Amend the Human Tissue Gift Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 52, An Act to Amend the Higher Education Foundation Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 52, An Act to Amend the Higher Education Foundation Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 52, An Act to Amend the Higher Education Foundation Act, was read a second time and ordered referred to the Committee of the Whole House.

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

The Order being read for second reading of Bill 54, An Act to Amend the Motor Vehicle Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.


And the debate being ended, and the question being put that Bill 54, An Act to Amend the Motor Vehicle Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 54, An Act to Amend the Motor Vehicle Act, was read a second time and ordered referred to the Committee of the Whole House.

The House resolved itself into a Committee of the Whole House with Mr. C. LeBlanc in the chair.And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentation of Committee Reports, reported:That the Committee had directed him to report the following Bill agreed to as presented:Bill 37, An Act to Amend the Elections Act.




Thursday, April 27, 2006.1 o’clock a.m.

Prayers.Mr. Speaker introduced Jeffrey Prosser of Hillsborough and Rose Donovan of Fredericton, new Pages who will be serving for the session.

Mr. McGinley gave Notice of Motion 67, that on Thursday, May 4, 2006, he would move the following resolution, seconded by Mr. Doherty:That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the House the recommendations made by the New Brunswick Advisory Council on Seniors that were referred to by the Chairperson, Sister Anne Robichaud, during Public Accounts on March 23, 2006.

Hon. Mr. Harrison, Government House Leader, announced that following third and second reading and the time allotted for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Local Government.

The following Bill was read a third time:Bill 37, An Act to Amend the Elections Act.


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

Pursuant to Notice of Motion 52, Mr. S. Graham moved, seconded by Mr. Doherty:WHEREAS an agreement was signed with the federal government on November 24, 2005, to transfer $110 million over 5 years to improve the childcare system in New Brunswick; and


WHEREAS more than three-quarters of mothers in New Brunswick with preschool children work outside the home; andWHEREAS New Brunswick parents are among the Canadians most likely to have their children in a nonparental day care situation; andWHEREAS New Brunswick’s system for licensed and regulated childcare is among the worst in the country; andWHEREAS other provinces are demanding that the federal government honour the Early Learning and Childcare agreement signed in 2005; andWHEREAS the Early Learning and Childcare Agreement signed with the federal government last year was supported by the majority of New Brunswickers;BE IT THEREFORE RESOLVED that the Legislative Assembly of New Brunswick call on the federal minority government to reverse their decision to unilaterally withdraw from the signed Early Learning and Childcare Agreement; andBE IT THEREFORE FURTHER RESOLVED that all funds negotiated to improve our childcare system are transferred to New Brunswick.And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Betts took the chair as Acting Speaker.And after some time, Mr. Speaker resumed the chair.And the debate being ended and the question being put, Motion 52 was negatived on the following recorded division:

YEAS - 25Mr. McGinley Mr. Ouellette Mr. ForanMr. Jamieson Ms. Robichaud Mr. KennedyMr. Allaby Mr. Lamrock Mr. A. LeBlancMr. S. Graham Mr. Targett Mr. PaulinMr. Haché Mr. Burke Mr. DoucetMr. Armstrong Mr. Murphy Mr. R. BoudreauMr. Landry Mr. Kenny Mr. BrewerMr. Doherty Mr. Arseneault Mr. V. BoudreauMr. Albert

NAYS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. Huntjens



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


The following documents having been deposited with the Clerk of the House, were deemed laid upon the Table of the House, pursuant to Standing Rule 39:Documents requested in Notice of Motion 23 April 26, 2006


Thursday, April 27, 2006.1 o’clock a.m.

Prayers.Mr. Speaker introduced Jeffrey Prosser of Hillsborough and Rose Donovan of Fredericton, new Pages who will be serving for the session.

Mr. McGinley gave Notice of Motion 67, that on Thursday, May 4, 2006, he would move the following resolution, seconded by Mr. Doherty:That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the House the recommendations made by the New Brunswick Advisory Council on Seniors that were referred to by the Chairperson, Sister Anne Robichaud, during Public Accounts on March 23, 2006.

Hon. Mr. Harrison, Government House Leader, announced that following third and second reading and the time allotted for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Local Government.

The following Bill was read a third time:Bill 37, An Act to Amend the Elections Act.


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

Pursuant to Notice of Motion 52, Mr. S. Graham moved, seconded by Mr. Doherty:WHEREAS an agreement was signed with the federal government on November 24, 2005, to transfer $110 million over 5 years to improve the childcare system in New Brunswick; and


WHEREAS more than three-quarters of mothers in New Brunswick with preschool children work outside the home; andWHEREAS New Brunswick parents are among the Canadians most likely to have their children in a nonparental day care situation; andWHEREAS New Brunswick’s system for licensed and regulated childcare is among the worst in the country; andWHEREAS other provinces are demanding that the federal government honour the Early Learning and Childcare agreement signed in 2005; andWHEREAS the Early Learning and Childcare Agreement signed with the federal government last year was supported by the majority of New Brunswickers;BE IT THEREFORE RESOLVED that the Legislative Assembly of New Brunswick call on the federal minority government to reverse their decision to unilaterally withdraw from the signed Early Learning and Childcare Agreement; andBE IT THEREFORE FURTHER RESOLVED that all funds negotiated to improve our childcare system are transferred to New Brunswick.And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Betts took the chair as Acting Speaker.And after some time, Mr. Speaker resumed the chair.And the debate being ended and the question being put, Motion 52 was negatived on the following recorded division:

YEAS - 25Mr. McGinley Mr. Ouellette Mr. ForanMr. Jamieson Ms. Robichaud Mr. KennedyMr. Allaby Mr. Lamrock Mr. A. LeBlancMr. S. Graham Mr. Targett Mr. PaulinMr. Haché Mr. Burke Mr. DoucetMr. Armstrong Mr. Murphy Mr. R. BoudreauMr. Landry Mr. Kenny Mr. BrewerMr. Doherty Mr. Arseneault Mr. V. BoudreauMr. Albert

NAYS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. Huntjens


Friday, April 28, 2006.10 o’clock a.m.

Prayers.Pursuant to Standing Rule 10, Mr. Branch, Member for Nepisguit, rose on a Question of Privilege regarding an article that appeared in the Telegraph-Journal on Thursday, April 27, 2006.Hon. Mr. Green rose on a point of order and submitted that the Member for Nepisiguit was abusing the privileges provided in Standing Rule 10 by putting forth a personal defence to a legal allegation against him, which did not relate to a proceeding of the House or a Committee thereof as is required by Standing Rule 10. Mr. Speaker ruled the point well taken.

Hon. Mr. Williams, Member for Kent South, welcomed to the Chamber Mrs. Adiza Hima, Secretary General of the Conference of Ministers of Education of countries using French as a common language (CONFEMEN).

Mr. S. Graham welcomed to the House Mr. Rayburn Doucett, Liberal MLA for Restigouche (1970-1974) and Restigouche East (1974-1996).

Mr. Speaker noted that this was the last day in the House for Head Page Kelly Farish and for Page Jessica Stutt and wished them well in their future endeavours.

Hon. Mr. Holder, Member for Saint John Portland, rose on a point of order and submitted that the Member for Fredericton-Fort Nashwaak had used unparliamentary language when he questioned the “honesty” of the Minister of Transportation. Mr. Lamrock withdrew the comments.

The following Bills were introduced:By Mr. Burke,

Bill 56, An Act to Amend the Harmonized Sales Tax Act.

By Hon. Mr. Doherty,Bill 57, An Act to Amend the New Brunswick Income Tax Act.


Mr. Kennedy gave Notice of Motion 68, that on Thursday, May 4, 2006, he would move the following resolution, seconded by Mr. V. Boudreau:


That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research pertaining to the construction of the Waterville Hospital between the Minister of Health, Department of Health, Minister of Environment, Department of Environment, Minister of Supply and Services, Department of Supply and Services, River Valley Health Authority, ADI Limited, and all contractors and sub-contractors involved in the construction of the project since January 1, 2003; as well as all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research pertaining to results of any and all soil tests, drainage studies, potable water sampling, site maps of location of sewage systems and water systems involved with the construction of the Waterville Hospital project.Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of Supply to take into further consideration the estimates of the Department of Local Government, followed by those of the Office of Human Resources.

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

At 12.30 o’clock p.m., the Chairman left the chair to resume again at 1.30 o’clock p.m.

1.30 o’clock p.m.

The Committee resumed with Mr. C. LeBlanc in the chair.

At 2 o’clock p.m., the Chairman declared a recess and left the chair.

2.05 o’clock p.m.


And after some time, Mr. Betts took the chair.

And after some further time, Mr. C. LeBlanc resumed the chair.

And after some further time spent in Committee of Supply, Mr. Speaker resumed the Chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein and asked leave to sit again.


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


132 May 254-55 Elizabeth II, 2005-2006

Tuesday, May 2, 2006.1 o’clock p.m.

Prayers.Mr. Doherty, Member for Saint John Harbour, laid upon the table of the House a petition signed by citizens of the province who urge the government to change the regulations under the New Brunswick Victims Services Act to adequately compensate innocent individuals, such as children whose lives have been devastated by major crimes such as sexual abuse. (Petition 21)

Mr. Landry, Member for Centre-Péninsule, laid upon the table of the House a petition signed by citizens whose concern is that the budget contains nothing for the poor or for the people on social assistance. (Petition 22)

The following Bills were introduced:By Mr. Allaby, on behalf of Mr. Targett,

Bill 58, An Act to Amend the Residential Property Tax Relief Act.

By Mr. Arseneault,Bill 59, Construction Labour Mobility Act.

By Mr. Foran,Bill 60, An Act to Amend the Coroners Act.

By Mr. S. Graham,Bill 61, An Act to Amend the Workers’ Compensation Act.


Hon. Mr. Harrison, Government House Leader, announced that following second reading and the time allotted for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Office of Human Resources.

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

May 2 133Journal of Assembly

The Order being read for second reading of Bill 57, An Act to Amend the New Brunswick Income Tax Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And debate being ended, and the question being put that Bill 57, An Act to Amend the New Brunswick Income Tax Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 57, An Act to Amend the New Brunswick Income Tax Act, was read a second time and ordered referred to the Committee of the Whole House.

Pursuant to Notice of Motion 54, Mr. Lamrock moved, seconded by Ms. Robichaud:WHEREAS the McKay Report tells us that too many children with learning disabilities are not receiving services; andWHEREAS the Report sets out clear recommendations and deadlines for solving this problem; andWHEREAS the problem will get worse if we wait; andWHEREAS a minority government should be accountable for taking action on this important file;BE IT RESOLVED that the Legislative Assembly endorse the recommendations and deadlines contained in the McKay Report;BE IT FURTHER RESOLVED that this Assembly invite the Minister of Education to appear quarterly before the Standing Committee on Education to provide updates on the implementation of the Report, commencing in October 2006.And the question being put, a debate ensued.And after some time, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Speaker resumed the chair.And the debate being ended and the question being put, the House divided as follows after agreeing to dispense with the ringing of the bells:

YEAS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlanc

134 May 254-55 Elizabeth II, 2005-2006

Mr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. Boudreau

NAYS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. C. LeBlancHon. Mr. Mockler Hon. Mr. Holder Mr. BettsThere being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative and the motion was defeated.




Wednesday, May 3, 2006.10 o’clock a.m.

Prayers.Mr. Foran, Member for Miramichi Centre, laid upon the table of the House a petition signed by residents of Miramichi City urging the government to limit heavy traffic on Highway 118/Island View Drive to local deliveries. (Petition 23)

Hon. D. Graham, Member for Carleton, laid upon the table of the House a letter addressed to him from Hon. Patrick A.A. Ryan, Q.C., the Conflict of Interest Commissioner for New Brunswick.

Mr. Arseneault gave Notice of Motion 69, that on Tuesday, May 9, 2006, he would move the following resolution, seconded by Mr. V. Boudreau:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House copies of all documents including, but not restricted to, invoices, receipts, credit card receipts and claim forms submitted by Shelley Graham, formerly the assistant to the Premier, and currently the assistant to the Minister of Post Secondary Education and Training, for refundable expenses pertaining to meals, lodging and travel between January 1, 2003, and May 3, 2006.

Mr. Albert gave Notice of Motion 70, that on Thursday, May 11, 2006, he would move the following resolution, seconded by Mr. V. Boudreau:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the absenteeism rate for health care and administrative staff of Regional Health Authority 6, including permanent, temporary, part-time, and contract employees, from 2002-03 to 2005-06.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Transportation.

The Order being read for second reading of Bill 58, An Act to Amend the Residential Property Tax Relief Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker took the chair as Acting Speaker.

136 May 354-55 Elizabeth II, 2005-2006

And after some further time, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.Hon. Mr. Fitch, Member for Riverview, rose on a point of order and submitted that Mr. Jamieson was not directing his comments through the chair. Mr. Betts, the Deputy Speaker, ruled the point well taken.And the debate being ended, and the question being put that Bill 58, An Act to Amend the Residential Property Tax Relief Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 58, An Act to Amend the Residential Property Tax Relief Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 59, Construction Labour Mobility Act, a debate arose thereon.At 12.30 o’clock p.m., the Deputy Speaker left the chair, to resume again at 2 o’clock p.m.

2 o’clock p.m.

Mr. Speaker resumed the chair.Debate was resumed, and after some time, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, the debate being ended, and the question being put that Bill 59, Construction Labour Mobility Act, be now read a second time, the House divided as follows:


NAYS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. Blaney


Hon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. C. LeBlancHon. Mr. Mockler Hon. Mr. Holder Mr. BettsThere being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative and the motion for second reading of Bill 59, Construction Labour Mobility Act, was defeated.

The Order being read for second reading of Bill 60, An Act to Amend the Coroners Act, a debate arose thereon.And debate being ended, and the question being put that Bill 60, An Act to Amend the Coroners Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 60, An Act to Amend the Coroners Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 61, An Act to Amend the Workers’ Compensation Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 61, An Act to Amend the Workers’ Compensation Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 61, An Act to Amend the Workers’ Compensation Act, was read a second time and ordered referred to the Committee of the Whole House.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair.The Committee considered Estimates for the Department of Transportation. The question being put on the motion “That there be granted to her Majesty a sum not exceeding $146,776,000 to defray the expenses of Ordinary Account program allocations of the Department of Transportation for the fiscal year ending the 31st day of March, 2007,” it was negatived on the following recorded division:

YEAS - 26Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. Blaney

138 May 354-55 Elizabeth II, 2005-2006

Hon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. BettsHon. Mr. Mockler Hon. Mr. Holder

NAYS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauThe question being put on the motion “That there be granted to Her Majesty a sum not exceeding $50,000 to defray the expenses of Petty Cash Advances under Working Capital-Maximum Balances for the Department of Transportation for the fiscal year ending the 31st day of March, 2007,” it was negatived on the following recorded division:


NAYS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauThe question being put on the motion “That there be granted to Her Majesty a sum not exceeding $19,000,000 to defray the expenses of Inventories under Working Capital-Maximum Balances for the


Department of Transportation for the fiscal year ending the 31st day of March, 2007,” it was negatived on the following recorded division:


NAYS - 27Mr. McGinley Mr. Doherty Mr. ArseneaultMr. Jamieson Mr. Albert Mr. ForanMr. MacIntyre Mr. Ouellette Mr. KennedyMr. Allaby Ms. Robichaud Mr. A. LeBlancMr. S. Graham Mr. Lamrock Mr. PaulinMr. Haché Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BoudreauAnd after some time, Mr. Speaker resumed the Chair and Mr. C. LeBlanc, Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had negatived the Ordinary Account Estimates and Working Capital allocations for the Department of Transportation for the fiscal year ending the 31st day of March, 2007, and asked leave to sit again.Mr. Speaker put the question on the motion that the report be concurred in, and the House divided as follows:


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NAYS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. C. LeBlancHon. Mr. Mockler Hon. Mr. Holder Mr. Betts

There being an equality of votes upon a division in the House, pursuant to Standing Rule 14, Mr. Speaker cast his deciding vote in the negative and the motion was defeated.



Thursday, May 4, 2006.1 o’clock p.m.

Prayers.Hon. Mr. Green laid upon the table of the House a letter dated October 13, 2005, addressed to Hon. Elvy Robichaud from Édouard Maltais, Chair of the New Brunswick Healthcare Association.

Hon. Mr. Harrison, Government House Leader, announced that with the unanimous consent of the House, Bill 57 would be ordered for third reading. Following the time reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Public Safety.

Pursuant to Standing Rule 77, it was agreed by unanimous consent to rescind the Order referring Bill 57 to the Committee of the Whole House and Order the Bill for third reading forthwith.

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


Pursuant to Notice of Motion 59, Mr. Stiles moved, seconded by Mr. Betts:WHEREAS there are currently more than 2000 brave men and women serving in Afghanistan from New Brunswick and across Canada;WHEREAS our Canadian armed forces continue to advance democracy, liberty, and fundamental human rights in an unstable region of our world;WHEREAS the people of New Brunswick recognize the importance of Canada’s role in the rebuilding of Afghanistan as this nation continues on its path to stability, democracy, and self-sufficiency;THEREFORE BE IT RESOLVED that this Legislative Assembly express its support for the incredible efforts put forth by all of Canada’s Armed Forces stationed in Afghanistan and throughout the world. And the question being put, a debate ensued.And after some time, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.

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And after some further time, Mr. Betts, the Deputy Speaker, took the chair.And the debate being ended and the question being put, Motion 59 was resolved in the affirmative.




Friday, May 5, 2006.10 o’clock a.m.

Prayers.Mr. Speaker delivered the following ruling with respect to a point of order raised by Hon. Mr. Harrison on April 26, 2006:

Honourable Members:Following Question Period last Wednesday, the Government House Leader rose on a point of order and argued that the Member for Moncton North was pursuing a line of questions on a matter that is before the courts. The Government House Leader referred to Standing Rule 49 as the basis for his argument that Members should not raise matters that are before the courts.The Opposition House Leader spoke on the point of order and argued that the line of question pursued by the Member for Moncton North does not deal with matters before the courts, but concerns the conduct and actions of government officials.Standing Rule 49(b) of the Standing Rules states as follows:49 In debate, a Member shall be called to order by the Speaker if the Member

(b) refers to any matter that is the subject of a proceeding

(i) that is pending in a court or before a judge for judicial determination, or,

(ii) that is before any quasi-judicial body;

where it is shown to the satisfaction of the Speaker that further references would create a real and substantial danger of prejudice to the participants.

Notwithstanding its fundamental right and duty to consider any matter if it is thought to be in the public interest, the House imposes a restriction upon itself in the case of matters awaiting or under adjudication in a court of law. This practice is known as the sub judice convention and it is embodied in Standing Rule 49. The rule is a voluntary restraint imposed by the House upon itself in the interest of justice and fair play. The rule applies to motions, references in debates, and questions, but does not apply to Bills.The application of the rule during question period is discussed at page 428 of House of Commons Procedure and Practice:

“...the responsibility of the Chair during the question period should be minimal as regards the sub judice convention...the

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responsibility should principally rest upon the Member who asks the question and the minister to whom it is addressed...while all Members share in the responsibility of exercising this restraint, the Speaker is the final arbiter in determining whether a subject matter raised during the consideration of oral questions is sub judice. As Speaker Parent noted in a 1995 ruling, the approach of most Chair occupants has been to discourage all comments on sub judice matters, rather than to allow Members to experiment within the limits of the convention and to test the Speaker’s discretion, given that it is speculative to determine how a comment might influence a matter before the courts. ...if a question to a Minister touches upon a matter that is sub judice, it is likely that the Minister will have more information concerning the matter than the Speaker and can determine whether answering the question might cause prejudice. The Minister could refuse to answer the question as is his or her prerogative.

Special care should always be exercised to ensure that a matter that is before the courts is not prejudiced by comments in the House. I would ask all Honourable Members to take special care in not referring to matters that are before the courts. This caution applies to those who ask questions and to those who answer questions.

Following Oral Questions, Mr. Lamrock rose on a point of order and requested an explanation regarding why Mr. Jamieson had been called to order when posing a question to a Minister, as the Member had directed his questions through the chair and had referred to the Minister in the third person. Hon. Mr. Harrison spoke on the point of order. Mr. Speaker acknowledged that a Member is not required to directly pose questions in the direction of the Speaker, and ruled the point well taken.

The following Bill was introduced and read a first time.By Mr. Murphy,

Bill 62, An Act to Amend the Municipalities Act.


Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of Supply to take into further consideration the estimates of the Department of Public Safety, followed by those of the Office of Human Resources.




1.30 o’clock p.m.







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Prayers.Pursuant to Standing Rule 10, Mr. Branch, Member for Nepisiguit, rose on a Question of Privilege to complain to the House regarding articles that appeared in the Telegraph-Journal on May 5 and in L’Acadie Nouvelle on May 6, 2006, which referred to him personally.Hon. Mr. Harrison rose several times on a point of order and submitted that the Member for Nepisiguit was putting forth a personal defence to allegations against him, which did not relate to a proceeding of the House or a committee, contrary to Standing Rule 10.Mr. Speaker requested that the Member direct his comments to the published articles in question, not enter into debate, and make his comments brief.

The following Bills were introduced:By Mr. V. Boudreau,

Bill 63, An Act to Amend the Elections Act.

By Mr. Lamrock,Bill 64, An Act to Amend the Youth Assistance Act.

By Mr. Murphy,Bill 65, Fiscal Transparency Act.


Mr. Doucet gave Notice of Motion 71, that on Tuesday, May 16, 2006, he would move the following resolution, seconded by Mr. Allaby:That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the House, relating to the Government of New Brunswick air craft, a copy of the journey log and maintenance log from February 1, 2004-March 30, 2004, and a copy of the HOBB meter reading from start of day February 1, 2004, to end of day March 30, 2004, and all landing fees and airport fees for the above dates.

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


The Order being read for second reading of Bill 62, An Act to Amend the Municipalities Act, a debate arose thereon.And after some time, Mr. Lamrock moved in amendment, seconded by Mr. Murphy:

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

Bill 62, An Act to Amend the Municipalities Act, be not now read a second time but that the Order for second reading be discharged and the subject matter of the Bill referred to the Standing Committee on Law Amendments.

Mr. Speaker put the question on the amendment and it was resolved in the affirmative.

Pursuant to Notice of Motion 58, Mr. Lamrock moved, seconded by Mr. Kenny:WHEREAS economic development funds exist to improve prospects of good jobs and good wages; andWHEREAS in today’s global economy, these good jobs require an investment in research and development; andWHEREAS neighbouring jurisdictions are investing more aggressively in research and development than New Brunswick is; andWHEREAS New Brunswick is not on pace to meet the targets for wages or research and development spending set out in the Prosperity Plan;BE IT RESOLVED that this Assembly urge the government to present clear spending targets for research and development spending from all economic development and innovation funds by May 31, 2006.And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. C. LeBlanc, the Deputy Speaker, interrupted the debate for the hour of daily adjournment.


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Prayers.Following Oral Questions, Hon. Mr. Harrison rose on a point of order and requested that Mr. Speaker remind Members that supplementary questions must relate to the same subject matter as the main question. Mr. Lamrock spoke on the point of order and submitted that the same subject matter requirement is broad in nature and should be enforced at the discretion of the Speaker. Mr. Speaker took the matter under advisement.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Post-Secondary Education and Training followed by those of the Office of Human Resources.

The Order being read for second reading of Bill 63, An Act to Amend the Elections Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 63, An Act to Amend the Elections Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 63, An Act to Amend the Elections Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 64, An Act to Amend the Youth Assistance Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Speaker resumed the chair.At 12.30 o’clock p.m., Mr. Speaker left the chair, to resume again at 2 o’clock p.m.

2 o’clock p.m.

Mr. Speaker resumed the chair.The debate was resumed.And the debate being ended, and the question being put that Bill 64, An Act to Amend the Youth Assistance Act, be now read a second time, it was resolved in the affirmative.


Accordingly, Bill 64, An Act to Amend the Youth Assistance Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 65, Fiscal Transparency Act, a debate arose thereon.And after some time, Mr. C. LeBlanc, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, with the unanimous consent of the House, Mr. Murphy laid upon the table of the House the following documents:Atlantic Overview - APEC - Winter 2006TD Economics - Special Report - February 17, 2006The Daily - Wednesday, April 26, 2006And after some further time, the debate being ended, and the question being put that Bill 65, Fiscal Transparency Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 65, Fiscal Transparency Act, was read a second time and ordered referred to the Committee of the Whole House.



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Thursday, May 11, 2006.1 o’clock p.m.

Prayers.Hon. Mr. Harrison, from the Standing Committee on Procedure, presented the Second Report of the Committee, which was read and is as follows:

May 11, 2006.To The HonourableThe Legislative Assembly ofThe Province of New BrunswickMr. Speaker:Your Standing Committee on Procedure begs leave to submit this their Second Report of the Session.Your Committee met on Tuesday, May 9, 2006, and considered the application by the Paramedic Association of New Brunswick for the introduction of a Private Bill entitled An Act Respecting the Paramedic Association of New Brunswick.

It was reported to the Committee that the Clerk of the House was unable to certify that the applicant had met the requirements of Standing Rule 111, with respect to the publication of notices. It was further reported that the applicant has requested that the applicable requirements of the Standing Rules be waived to permit the introduction of the Bill during the current session. Accordingly, pursuant to Standing Rule 114(2), the application was placed before the Standing Committee on Procedure for consideration. The application by the Paramedic Association was originally filed on May 14, 2004, for introduction during the First Session of the 55th Legislature. Publication of the notices of legislation for the original application was completed in compliance with the Standing Rules. Notice was published for three consecutive weeks during the month of March, 2004, in L’Acadie Nouvelle, the Daily Gleaner, the Times Transcript, and the Telegraph-Journal. The notice of legislation was also published once in the Royal Gazette in the month of May, 2004. However, the Bill was not introduced as further consultation was required with the Department of Health and Wellness and other interested stakeholders.A second application by the Paramedic Association was filed on March 31, 2005, for introduction during the Second Session of the 55th Legislature. The applicant relied on the notices of legislation


published in 2004, which provided for the possible introduction of the Bill during the Second Session and were accordingly deemed acceptable. However, the Bill was not introduced as further consultation was again required with the Department of Health and Wellness and other interested stakeholders.A third application by the Paramedic Association was filed on April 27, 2006, for introduction during the Third Session of the 55th Legislature. The applicant once again wishes to rely on the notices of legislation published in 2004. However, since the notices of legislation were published over 25 months ago, the Clerk is unable to certify that the requirements of the Standing Rules have been satisfied.Pursuant to Standing Rule 114(2), the Standing Committee on Procedure may waive any requirements of the Standing Rules, or may issue such other Order as it deems appropriate.Accordingly, in order that the Bill entitled An Act Respecting the Paramedic Association of New Brunswick may be introduced during the current session of the Legislature, your Committee waives the requirements of Standing Rule 111 to permit the introduction of the Bill.And your Committee asks leave to make a further report. Hon. Bev Harrison MLA Hampton-Belleisle Chairman.Ordered that the Report be received, that leave be granted, and the Committee be continued.

The following Private Bill was introduced and read a first time:By Mr. Stiles,

Bill 66, An Act Respecting the Paramedic Association of New Brunswick.

Ordered referred to the Standing Committee on Private Bills.

Mr. Albert gave Notice of Motion 72, that on Thursday, May 18, 2006, he would move the following resolution, seconded by Mr. Landry:That an address be presented to His Honour the Lieutenant-Governor, praying that he cause to be laid upon the table of the House the reasons and criteria for obtaining funding for improving waste disposal equipment at a sea product processing plant, the number of funding applications, the number of processing plants

152 May 1154-55 Elizabeth II, 2005-2006

that received funding, and the amounts received by each plant, from April 1, 2003, to May 12, 2006.

Hon. Mr. Harrison, Government House Leader, announced that following the time reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Post-Secondary Education and Training.

Debate was resumed on Motion 58, moved by Mr. Lamrock and seconded by Mr. Kenny as follows:WHEREAS economic development funds exist to improve prospects of good jobs and good wages; andWHEREAS in today’s global economy, these good jobs require an investment in research and development; andWHEREAS neighbouring jurisdictions are investing more aggressively in research and development than New Brunswick is; andWHEREAS New Brunswick is not on pace to meet the targets for wages or research and development spending set out in the Prosperity Plan;BE IT RESOLVED that this Assembly urge the government to present clear spending targets for research and development spending from all economic development and innovation funds by May 31, 2006.And the debate being ended and the question being put, Motion 58 was defeated.

It was agreed by unanimous consent to dispense with the remaining time reserved for Private Members’ Motions.

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




The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 69 May 9, 2006

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Prayers.Mr. S. Graham, Leader of the Opposition, welcomed to the House Mr. Gerard Kennedy, MPP for Parkdale-High Park, former Minister of Education in the province of Ontario, who is a candidate for the federal Liberal Leadership.

Mr. Lamrock rose on a point of order and requested that the Speaker remind Members to refrain from using the time reserved for Congratulatory Messages to applaud political or government initiatives. Mr. Speaker ruled the point well taken and asked that Members limit Congratulatory Messages to noteworthy achievements of individuals, groups or constituents in their ridings.

Motions 16, 18, 23, 36, 47, 48, 49, 50, 55, 61, 62, 65 and 69 were, by leave of the House, withdrawn.

Mr. MacIntyre gave Notice of Motion 73 that on Tuesday, May 23, 2006, he would move the following resolution, seconded by Mr. A. LeBlanc:WHEREAS the gap between New Brunswickers and other Canadians has increased in three key areas: real personal income, real personal disposable income, and real labour income, by an average of 1.56% between 2001 and 2005; andWHEREAS between January 2001-2005, essential costs have increased significantly more than the 9% increase New Brunswickers saw in their average weekly earnings; andWHEREAS power rates have gone up 17% in the last two years; andWHEREAS transportation costs have risen 20%, incl. gasoline, registration and auto insurance; andWHEREAS New Brunswick has the second lowest rate of GDP growth in Canada for 2005, according to a recently released report by Statistics Canada;BE IT THEREFORE RESOLVED that this House condemns the poor performance of the government on creating prosperity.

Mr. Doherty gave Notice of Motion 74 that on Tuesday, May 23, 2006, he would move the following resolution, seconded by Mr. Landry:


WHEREAS approximately 40,000 families and individuals in New Brunswick currently live in inadequate housing units and situations;WHEREAS the lack of quality affordable housing is a major issue for families across the province;WHEREAS inadequate housing affects families in many ways, from higher utility bills to poorer health;BE IT RESOLVED that this Legislature urge government to table a comprehensive housing strategy with clear timelines and targets by October 15, 2006.

Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Office of Human Resources, followed by those of the Department of Finance.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Betts in the chair.



1.30 o’clock p.m.






At 4 o’clock p.m., Mr. Speaker declared a recess.

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4.25 o’clock p.m.Mr. Speaker resumed the chair.His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne.Mr. Speaker addressed His Honour as follows:May It Please Your Honour:The Legislative Assembly of the Province of New Brunswick has passed several Bills at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent.The Clerk Assistant then read the titles of the Bills as follows: Bill 37, An Act to Amend the Elections Act.Bill 57, An Act to Amend the New Brunswick Income Tax Act.


To these Bills, His Honour’s assent was announced by the Acting Clerk of the Legislative Assembly in the following words:In Her Majesty’s name, His Honour the Lieutenant-Governor assents to these Bills, enacting the same and ordering them to be enrolled.His Honour then retired.Mr. Speaker resumed the chair.


The following documents, having been deposited with the Clerk of the House since the last sitting of the House, were deemed laid upon the table of the House pursuant to Standing Rule 39: Documents requested in Notice of Motion 64 May 11, 2006



Prayers.Mr. Branch, Member for Nepisiguit, laid upon the table of the House a petition signed by concerned citizens urging the government to reconsider the move of Fero Waste and Recycling Facility from Miramichi Ave. to Big River Road and requesting a meeting with officials of the Department of Environment. (Petition 24)

Mr. Sherwood from the Standing Committee on Private Bills presented the First Report of the Committee which was read and is as follows:

May 23, 2006.To The HonourableThe Legislative Assembly ofThe Province of New Brunswick.Mr. Speaker:Your Standing Committee on Private Bills begs leave to submit this, their First Report of the Session.Your Committee met on May 19, 2006, in the Legislative Council Chamber and had under consideration:Bill 66, An Act Respecting the Paramedic Association of New Brunswick

which it recommends to the favourable consideration of the House.And your Committee begs leave to make a further report.I move, seconded by the Member for Moncton Crescent, that the report be concurred in by the House. (Sgd.:) Milton Sherwood, MLA. Chairman.Mr. Speaker put the question on the motion of concurrence in the report of the Committee and it was resolved in the affirmative.

The following Bills were introduced:By Mr. Lamrock,

Bill 67, Right to Read Act.

By Mr. Foran,Bill 68, An Act to Amend the Custody and Detention of Young Persons

Act.


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Hon. Mr. Harrison, Government House Leader, announced that following the time reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Finance. It was agreed by unanimous consent to vary the consideration of Private Members’ Motions prescribed by Standing Rule 44(2.4), to take Motion 73 into consideration today, Motion 74 on Thursday, and to defer consideration of Motion 66.

Pursuant to Notice of Motion 73, Mr. MacIntyre moved, seconded by Mr. A. LeBlanc:WHEREAS the gap between New Brunswickers and other Canadians has increased in three key areas; real personal income, real personal disposal income, and real labour income, by an average of 1.56% between 2001 and 2005; andWHEREAS between January 2001-2005, essential costs have increased significantly more than the 9% increase New Brunswickers saw in their average weekly earnings; andWHEREAS power rates have gone up 17% in the last two years; andWHEREAS Transportation costs have risen 20%, incl. gasoline, registration and auto insurance; andWHEREAS New Brunswick has the second lowest rate of GDP growth in Canada for 2005, according to a recently released report by Statistics Canada;BE IT THEREFORE RESOLVED that this House condemns the poor performance of the government on creating prosperity.And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Speaker resumed the chair.And the debate being ended and the question being put, Motion 73 was defeated.

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




The following documents having been deposited with the Clerk of the House, were deemed laid upon the Table of the House, pursuant to Standing Rule 39:Documents requested in Notice of Motion 67 May 12, 2006Documents requested in Notice of Motion 53 May 15, 2006Documents requested in Notice of Motion 56 May 19, 2006

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Prayers.The following Private Bill was introduced and read a first time:By Mr. Betts,

Bill 69, An Act Respecting the Université de Moncton Act.

Ordered referred to the Standing Committee on Private Bills.

The following Bill was introduced and read a first time:By Mr. A. LeBlanc,

Bill 70, An Act to Amend the Workers’ Compensation Act.


Mr. Jamieson gave Notice of Motion 75, that on Tuesday, May 30, 2006, he would move the following resolution, seconded by Mr. Lamrock:WHEREAS global warming is a growing threat to people’s health, our resource industries and our environment; andWHEREAS in the absence of federal government leadership, provinces must have clear plans to reduce greenhouse gas emissions; andWHEREAS unlike other jurisdictions, New Brunswick has no legislated targets for reducing greenhouse emissions;BE IT THEREFORE RESOLVED THAT THE Legislative Assembly call upon the government to introduce legislation setting out clear targets for reduction of greenhouse gas emissions by December 31, 2006.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Tourism and Parks.

The Order being read for second reading of Bill 67, Right to Read Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.At 12.30 o’clock p.m., Mr. Deputy Speaker left the chair, to resume again at 2 o’clock p.m.


2 o’clock p.m.

Mr. Speaker resumed the chair.The debate was resumed.And after some time, the debate being ended and the question being put that Bill 67, Right to Read Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 67, Right to Read Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 68, An Act to Amend the Custody and Detention of Young Persons Act, a debate arose thereon.And the debate being ended, and the question being put on the motion that Bill 68, An Act to Amend the Custody and Detention of Young Persons Act, be now read a second time, the motion was defeated.

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



The following documents having been deposited with the Clerk of the House, were deemed laid upon the Table of the House, pursuant to Standing Rule 39:Documents requested in Notice of Motion 60 May 23, 2006

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Thursday, May 25, 2006.

1 o’clock p.m.

Prayers.Hon. Mr. Steeves laid upon the table of the House a document entitled “Office of Comptroller, Special Examination - Report to the Minister of Public Safety” filed in response to documents requested in Notice of Motion 67 during 2004-2005, the Second Session of the Fifty-Fifth Legislature.

The following Bill was introduced:By Hon. Mr. Alward,

Bill 71, Agricultural Producers Registration and Farm Organizations Funding Act.


Hon. Mr. Harrison, Government House Leader, announced that following second reading and the time reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Agriculture, Fisheries and Aquaculture.

The Order being read for second reading of Bill 70, An Act to Amend the Workers’ Compensation Act, a debate arose thereon.And the debate being ended, and the question being put on the motion that Bill 70, An Act to Amend the Workers’ Compensation Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 70, An Act to Amend the Workers’ Compensation Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent to limit the time reserved for Private Members’ Motions to sixty minutes and to limit to five minutes the mover’s reply in closing the debate on the motion.

Pursuant to Notice of Motion 74, Mr. Doherty moved, seconded by Mr. Landry:WHEREAS approximately 40,000 families and individuals in New Brunswick currently live in inadequate housing units and situations;WHEREAS the lack of quality, affordable housing is a major issue for families across the province;


WHEREAS inadequate housing affects families in many ways, from higher utility bills to poorer health;BE IT RESOLVED that this Legislature urge government to table a comprehensive housing strategy with clear time lines and targets by October 15, 2006.And the question being put, a debate ensued.And after some time, Mr. Speaker reverted to the Order of Introduction of Guests and Mr. Branch, Member for Nepisiguit, welcomed to the House Mr. Ed Clark, a former Speaker (1989-1993) and Liberal Member of the Legislative Assembly of Prince Edward Island (1970-1996).The debate was resumed.And the debate being ended and the question being put, Motion 74 was defeated.

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


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Prayers.Mr. Sherwood, Member for Grand Bay-Westfield, laid upon the table of the House a petition signed by members of the Parent School Support Committee of Brown’s Flat Elementary School urging the government to establish a committee to investigate rural education in the province. (Petition 25)

Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Agriculture, Fisheries and Aquaculture.

The Order being read for second reading of Bill 71, Agricultural Producers Registration and Farm Organizations Funding Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 71, Agricultural Producers Registration and Farm Organizations Funding Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 71, Agricultural Producers Registration and Farm Organizations Funding Act, was read a second time and ordered referred to the Committee of the Whole House.



1.30 o’clock p.m.


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


At the request of Hon. Mr. Harrison, Government House Leader, Mr. Speaker reverted to the Order of Government Motions for the Ordering of the Business of the House.Hon. Mr. Harrison gave Notice of Motion 76 that on Thursday, June 1, 2006, he would move the following resolution, seconded by Hon. P. Robichaud:Pursuant to a resolution of the House adopted May 3, 2006, not to concur in the Report of the Committee of Supply dated May 3, 2006, this Assembly instructs the Committee of Supply to reconsider the supply resolutions for the Department of Transportation for the fiscal year 2006-2007.

Mr. Lamrock, on behalf of Mr. S. Graham, gave Notice of Motion 77 that on Thursday, June 1, 2006, he would move the following resolution, seconded by Mr. Murphy:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House a copy of Prime Minister Stephen Harper’s letter to the provinces during last winter’s federal election campaign that promised an equalization formula based on an average of 10 provinces and excluding resource revenues.

Hon. Mr. Harrison, the Government House Leader, requested the unanimous consent of the House to take into consideration Motion 66 and unanimous consent was denied.


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


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Prayers.Hon. Mr. Harrison, Government House Leader, requested the unanimous consent of the House to revert to the Order of Presentations of Committee Reports and unanimous consent was denied.

The following Bill was introduced:By Mr. Lamrock,

Bill 72, An Act to Amend the Legislative Assembly Act.


Mr. S. Graham gave Notice of Motion 78 that on Tuesday, June 6, 2006, he would move the following resolution, seconded by Mr. Murphy:WHEREAS Canada is a federation in which provinces have constitutional responsibility for the delivery of a number of essential public services to citizens, including health, social services and education;AND WHEREAS section 36(2) of the Constitution Act 1982 recognizes the commitment of Parliament and the Government of Canada to the principle of making equalization payments to ensure provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation;AND WHEREAS all Premiers of Canada have further agreed the federal government should strengthen its commitment to the Equalization Program so the Program meets its constitutionally mandated objective of addressing the fiscal imbalance in Canada;AND WHEREAS a properly functioning equalization program is necessary to ensure fiscal disparities across this country do not widen resulting in non-comparative tax rates;AND WHEREAS the Province of New Brunswick is currently a recipient of equalization payments and relies on a properly functioning program to provide quality services to its citizens and maintain its competitive position relative to the rest of Canada;AND WHEREAS the people of New Brunswick believe a strong and effective federation is best achieved through the cooperation of all levels of government working to meet the needs of Canadians;


THEREFORE be it resolved that the Legislative Assembly reaffirms its commitment to section 36(2) of the Constitution Act 1982 and the principle of making equalization payments to ensure provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation;BE IT FURTHER resolved that the Legislative Assembly recognizes the fundamental importance of the provision of equalization payments as an essential characteristic of the Canadian federation;BE IT FURTHER resolved that the Legislative Assembly call upon the Government of Canada to enhance the current equalization program, by using a ten province model and including all revenue from non-renewable resources, to ensure it meets its constitutional mandate.

Mr. V. Boudreau gave Notice of Motion 79 that on Tuesday, June 6, 2006, he would move the following resolution, seconded by Mr. MacIntyre:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research pertaining to the New Brunswick Hospital System Performance Measurement Initiative, the Balanced Scorecard Report of the Results submitted to the Department of Health & Wellness by the Provincial Utilization Management Coordinating Committee in October 2002.

Mr. Paulin gave Notice of Motion 80 that on Tuesday, June 6, 2006, he would move the following resolution, seconded by Mr. A. LeBlanc:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, phone records, analysis and research between January 1, 2004, and December 1, 2005, concerning the efforts made by Business New Brunswick to convince Research in Motion to establish a business enterprise in New Brunswick.

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

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Pursuant to Notice of Motion 66, Mr. Lamrock moved, seconded by Mr. McGinley:WHEREAS circumstances have changed since the election of the Member for Miramichi-Bay du Vin as Speaker of the Legislative Assembly, andWHEREAS some of these circumstances; specifically, the seeking of one party’s approval of admission to caucus, the private negotiation of government benefits in exchange for support, and the Speaker’s participation in government announcements of projects which are, or have been represented as being, in exchange for the Speaker’s support, would create reasonable doubts in the impartiality of the Office of Speaker, andWHEREAS it is appropriate that this Assembly be given an opportunity to affirm or withhold its support for the Speaker;BE IT RESOLVED that this Legislative Assembly express its lack of confidence in the Speaker.And the question being put, a debate ensued.The debate being ended and the question being put, Mr. Lamrock requested the unanimous consent of the House to proceed with the vote by means of a secret ballot, and unanimous consent was denied.And the question being put, Motion 66 was negatived on the follow-ing recorded division:

YEAS - 25Mr. McGinley Mr. Ouellette Mr. ForanMr. Jamieson Ms. C. Robichaud Mr. KennedyMr. MacIntyre Mr. Lamrock Mr. A. LeBlancMr. Allaby Mr. Targett Mr. PaulinMr. S. Graham Mr. Burke Mr. DoucetMr. Armstrong Mr. Murphy Mr. R. BoudreauMr. Landry Mr. Kenny Mr. BrewerMr. Doherty Mr. Arseneault Mr. V. BoudreauMr. Albert

NAYS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. Robichaud


Hon. D. Graham Hon. Mr. Alward Mr. C. LeBlancHon. Mr. Mockler Hon. Mr. Holder Mr. Betts



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Prayers.Hon. Mr. Carr welcomed to the House the His Excellency Lu Shumin, Ambassador to Canada from the People’s Republic of China.Hon. Mr. Harrison from the Standing Committee on Procedure presented the Third Report of the Standing Committee which was read and is as follows:

Legislative BuildingFredericton, New Brunswick

May 30, 2006.To The HonourableThe Legislative Assembly ofThe Province of New Brunswick.Honourable Members:I present herewith the Third Report of the Standing Committee on Procedure.Further to its permanent order of reference, the Committee held four meetings, on April 20, April 25, May 9 and May 29, 2006, and continued its review of the Stranding Rules and practices of the Legislative Assembly.Your Committee’s Report contains several recommendations for changes and improvements to the Standing Rules and practices of the House.Respectfully submitted on behalf of the Committee.

(Sgd.:) Hon. Bev Harrison, Chair.MLA, Hampton-Belleisle.

The full Report of the Committee as presented follows:May 30, 2006

To The HonourableThe Legislative Assembly ofThe Province of New BrunswickHonourable Members:Your Standing Committee on Procedure begs leave to submit this their Third Report of the Session.All Standing Rules and practices of the House, together with any matter referred by the Speaker stand permanently referred to the Standing Committee on Procedure. Further to its permanent


order of reference, your Committee held four meetings on April 20, April 25, May 9 and May 29, 2006, and continued its review of the Standing Rules and practices of the Legislative Assembly.At the meeting of the Committee held on April 25, 2006, Hon. Mr. Green resigned as Chair of the Committee.On motion of Hon. Mr. Green, seconded by Mr. Sherwood, Hon. Mr. Harrison was elected Chair of the Committee.The Standing Rules of the Legislative Assembly of New Brunswick were adopted in 1986. Although minor amendments have been made to meet the needs of Members, the Rules have remained essentially unchanged.Your Committee is of the opinion that the Rules must be modernized to meet the pace of change and to reflect current realities and practices in other jurisdictions, including the House of Commons and other provincial legislatures. The changes being proposed will ensure the efficient, effective and orderly flow of the business of the House.Legislative Process

Under the current provisions of the Standing Rules, when a Government Public Bill is introduced and read a first time, it stands ordered for second reading at the next sitting of the House giving little time for Members to prepare for the second reading stage or for the business of the House to be managed in an orderly fashion. Similarly, Private Members’ Public Bills given first reading stand ordered for second reading at the next sitting of the House.All Public Bills given second reading stand referred to the Committee of the Whole House and are taken up for consideration at the discretion of the government. The majority of Canadian Legislatures allow for second and third reading of Government Public Bills to be taken up at the discretion of the government. Many Legislatures also place the control of Private Members’ Public Bills in the hands of the Members and not the government.Your Committee therefore recommends for adoption the following amendments to the Standing Rules:1) Standing Rule 35 is amended

a) by striking out “Congratulatory Messages” and substituting “Messages of Congratulation and Recognition”.

b) by adding after “Notices of Motions” the item “Opposition Members’ Business on Notice”.

2) Standing Rule 35.3 is repealed and the following is substituted:

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35.3(1) A maximum of ten minutes shall be allocated to the item of routine business “Messages of Congratulation and Recognition”.35.3(2) A Member making a statement of congratulation or recognition shall speak for no more than sixty seconds.

3) Standing Rule 42(2) is repealed and the following is substituted:42(2) When a Government Bill has been read first time, it shall be carried daily on the Order and Notice Paper under “Government Bills and Orders” and shall be called for second reading at the discretion of the Minister acting as the Government House Leader.42(3) For the purposes of subrule (2), a Government Bill includes a Public Bill introduced by a Minister of the Crown and notwithstanding Standing Rule 1, is deemed to include a Public Bill introduced by a Government Private Member.42(4) The time limits set out in Standing Rules 44(6), (7) and (8) shall apply during any debate at the second and third reading stages of a Public Bill introduced by a Government Private Member.42(5) No Bill shall be read a second time unless the Bill has been printed and copies thereof have been deposited with the Clerk of the House and have been distributed to the Members.42(6) Before a Government Bill is read a second time, a minimum of one day’s notice shall be provided by the Minister acting as the Government House Leader.42(7) A Government Bill introduced by a minister of the Crown and given second reading shall stand referred to the Committee of the Whole House or other Committee designated by the sponsor of the Bill.42(8) A Government Bill introduced by a Government Private Member and given second reading shall stand referred to the Committee of the Whole House unless referred to another Committee by a majority of the House.42(9) Government Bills reported from the Committee of the Whole House or other Committee shall be called for third reading at the discretion of the Minister acting as the Government House Leader.42(10) When an Opposition Member’s Public Bill has been


read a first time, it shall be carried daily on the Order and Notice Paper under “Opposition Members’ Business” and shall be taken up for consideration as set out in Standing Rule 44.42(11) Opposition Members’ Public Bills given second reading shall stand referred to the Committee of the Whole House unless referred to another Committee by a majority of the House. 42(12) Opposition Members’ Public Bills shall be called for consideration in the Committee of the Whole House in the same manner as government orders.42(13) Opposition Members’ Public Bills reported from the Committee of the Whole House or other Committee shall stand ordered for third reading and shall be carried daily on the Order and Notice Paper under Opposition Members’ Business and shall be taken up for consideration as set out in Standing Rule 44.

4) Standing Rule 77 is repealed.Appropriations or Supply Bills

Currently in our House, all Appropriations Bills must pass through the same stages in the House as other Bills. This includes First Reading, Second Reading, Committee of the Whole consideration, and Third Reading.The majority of Canadian Legislatures expedite the passage of Appropriation Bills after their introduction in the House. In practice in New Brunswick, Appropriations Bills receive all three readings and committee consideration on the same sitting day by unanimous consent.Your Committee therefore recommends for adoption the following amendments to the Standing Rules.The Standing Rules are amended by adding after Standing Rule 42 the following:

42.1 (1) Notwithstanding anything else herein contained, upon introduction and first reading of a Bill for an Appropriations Act that is based on estimates concurred in by the House, the questions for second and third reading shall be forthwith put, without amendment and the Bill shall not be committed.

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42.1(2) Debate at the second and third reading stages of an Appropriations Act introduced pursuant to subrule (1) shall not exceed one sitting day. At ten minutes prior to the adjournment of the House, the Speaker shall interrupt proceedings and put every question necessary if the debate has not concluded by that time.42.1(3) Subrules (1) and (2) do not apply to a special Appropriation Act introduced pursuant to subsection 34(4) of the Financial Administration Act.42.1(4) Notwithstanding anything else herein contained, upon introduction and first reading of a Bill for the implementation of a tax measure or other financial matter outlined in the Budget, consideration of all stages of the Bill, including consideration in Committee of the Whole or other committee, shall proceed forthwith and shall not exceed one sitting day. At ten minutes prior to the adjournment of the House, the Speaker or the Chairman shall interrupt proceedings and put every question necessary if debate has not concluded by that time.

Private Members’ Public Business

Under the current Standing Rules, two specific days (Tuesdays and Thursdays) are allotted for dealing with Private Members Motions and other matters of interest to Private Members. Generally speaking, the term Public Business includes motions for returns and debatable motions. One hundred and twenty minutes are allotted each Tuesday and Thursday for Private Members’ Motions. Since Opposition Members are most likely to take advantage of this period reserved for Private Members, Tuesdays and Thursdays have often been referred to as Opposition Days.Private Members Motions are considered in their order of introduction with no discretion given to Private Members to take up the motions in a different order. In the majority of Canadian Legislatures, the time reserved for Private Members Business provides backbench Members with their main opportunity to put legislative proposals and motions before the House. The Committee proposes changes to the period reserved for Private Members to include consideration of Bills and to give greater control to Private Members on items of interest and priority to them.Your Committee therefore recommends for adoption the following amendments to the Standing Rules.


1) The heading “Private Members’ Public Business” preceding Standing Rule 44 is repealed and the following is substituted: “Opposition Members’ Business”.2) Standing Rule 44 is repealed and the following is substituted:

44(1) The first order of Business on Thursday shall be “Opposition Members’ Business” which shall have precedence over all other business except the daily routine of the business of the House.44(2) Opposition Members’ Business shall consist of, in order of priority, Opposition Members’ Public Bills and Opposition Members’ Motions and shall be taken up until the daily hour of adjournment on Thursday. 44(3) The order of consideration of items of Opposition Members’ Business shall be determined by the order in which such items have been presented in the House unless notice has been provided in accordance with subrule (4) to consider items in a different order. In the application of this sub-rule, the rotation described in subrule (5) shall be observed. 44(4) An item of Opposition Members’ Business may be considered and taken up in a different order than provided for in subrule (3) providing that one day’s notice has been given in the House under Opposition Members’ Business on Notice.44(5) Items of Opposition Members’ Business shall be considered according to the following rotation: (a) seven items introduced by Members of the party

forming the Official Opposition; (b) one item introduced by Members of the party having

the third largest membership in the House. 44(6) An item of Opposition Members’ Business shall be debated for not more than one hundred and twenty minutes.44(7) The proposer of an item of Opposition Members’ Business may speak for up to twenty minutes, and all other Members up to fifteen minutes. The proposer when speaking in reply shall not speak for more than ten minutes.44(8) At the expiration of one hundred and ten minutes of the time allocated for the consideration of an item of Opposition Members’ Business under subrule(6), the Speaker shall

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interrupt proceedings and recognize the sponsor of the Bill or the mover of the motion to close the debate.44(9) Notwithstanding Standing Rule 64, a motion to adjourn the debate shall not be in order with respect to an item of Opposition Members’ Business if moved by a minister or a Government Private Member.44(10) A motion for returns (tabling motions) shall not be considered as an item of Opposition Members’ Business for the purposes of the rotation described in subrule (5) unless notice has been provided pursuant to subrule (4).44.1(1) Motions introduced by a Government Private Member shall be carried daily on the Order and Notice Paper under Government Bills and Orders, and subject to subrule(2), shall be called by the Government House Leader in the same manner as Government Orders.44.1(2) If a Government Private Member introduces a Motion that deals essentially with the same subject matter of an Opposition Member’s Motion standing on the Order and Notice Paper, the Motion by a Government Private Member shall not be called for consideration until the Opposition Member’s Motion has been considered by the House.44.1(3) For the purpose of subrule (2), the Speaker shall make the final determination whether a motion introduced by a Government Private Member deals essentially with the same subject matter as an Opposition Member’s Motion.44.1(4) Standing Rule 44(6), (7), and (8) shall apply to the consideration of motions introduced by Government Private Members.

Process of Consideration of Estimates

Since 1987, estimates have been considered almost exclusively on the floor of the House in the Committee of Supply. In accordance with Standing Rule 109, departmental estimates may be referred to the Standing Committee on Estimates on government motion, seconded by the Leader of the Opposition.During the Second Session of the Fifty-fifth legislature, a number of departmental estimates were referred to the Standing Committee on Estimates which met during a period of adjournment of the House to consider the estimates. This process expedited the passage of the estimates.


A number of Canadian Legislatures surveyed currently provide for the referral of estimates to a subcommittee of the Committee of Supply or to another legislative committee. Your Committee also notes that over fifty percent of Canadian Legislatures have time limits for the consideration of the estimates.Your Committee therefore recommends for adoption the following amendments to the Standing Rules.1) Standing Rule 103(3) is repealed and the following is substituted:

103(3) No more than three substitutions shall be permitted for the purpose of subrule (1) for each Member of a Committee unable to be present at a meeting of that Committee.103(4) Only one member designated as a substitute in accordance with subrules (1) and (2) shall be considered the official substitute for financial purposes.

2) Standing Rule 108 is repealed and the following is substituted:108(1) Subject to Standing Rule 109, Estimates or Supplementary Estimates once transmitted to the House shall be deemed referred to the Standing Committee on Estimates.108(2) All Estimates standing referred to the Committee of Supply which have not been passed by the Committee prior to the commencement of this standing rule shall be deemed to have been referred to the Standing Committee on Estimates pursuant to subrule (1).

3) Standing Rule 109 is repealed and the following is substituted:109(1) Subject to subrule (2), the Leader of the Official Opposition or Opposition House Leader may, by giving written notice to the Government House Leader, designate which department’s estimates are to be considered by the Committee of Supply.109(2) Up to four departments’ estimates may be designated for the purpose of subrule (1).109(3) A maximum of eighty hours shall be allocated in accordance with subrules (4) and (5) for the consideration of Main and Capital Estimates in any session of the House.109(4) A maximum of forty hours shall be allocated for the consideration of the estimates designated in accordance with subrules (1) and (2). Any unused time shall be allocated for the consideration of Estimates in the Standing Committee on Estimates.

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109(5) Subject to subrule (4), a maximum of forty hours shall be allocated for the consideration of the Estimates by the Standing Committee on Estimates.109(6) At the conclusion of its consideration of departmental estimates, the Standing Committee on Estimates shall report those estimates back to the House for concurrence therein.109(7) At the expiration of the time allocated for the consideration of the Estimates, the Chair of the Committee of Supply or the Standing Committee on Estimates, as the case may be, shall interrupt the proceedings and forthwith put every question, if the debate has not concluded by this time.

4) The Standing Rules are amended provisionally for the Third Session of the Fifty-fifth Legislature by adding after Standing Rule 109 the following:

109.1 Any time spent to consider Main and Capital Estimates in the Committee of Supply from May 9, 2006 and onward shall be included in calculating the time allocated for the consideration of estimates in Standing Rule 109(3).

Reports of Committees of the Whole House and Standing Committee on Estimates

During consideration of the estimates of the Department of Transportation in the Committee of Supply on May 3, 2006, several supply resolutions of the said department were negatived. A review of the Parliamentary authorities and precedents from other Legislative Assemblies demonstrate that the situation the Committee of Supply finds itself in is not unique and the measures that the House could take would not be unprecedented. The House does have final authority over decisions made in its Committees, even if it means having the Committee of Supply re-vote the same question. However, it is the opinion of your Committee that simply instructing the Committee of Supply to reconsider its vote may not achieve the desired objective, particularly if the same decision is reached. Another method must be found to resolve this impasse. There is a need for the Legislature to be allowed to function in an effective and efficient manner. Your Committee is therefore proposing changes at the report stage of Bills and estimates to allow defeated Bills or estimates to be reinstated. The changes to the rules to allow for the reinstatement of estimates have precedent in the National Assembly of Quebec and the Canadian House of Commons.


Your Committee therefore recommends for adoption the following amendments to the Standing Rules.Standing Rule 78.1 is repealed and the following is substituted:

78.1 On the presentation of a report from the Committee of the Whole House or the Standing Committee on Law Amendments, a motion that the report be concurred in shall be deemed to be before the House. The motion to concur in the Report of the Committee of Whole or the Standing Committee on Law Amendments shall be put forthwith by the Speaker and decided without debate and no amendment shall be received unless it is moved by a minister for the purpose of reinstating a Bill, a clause of a Bill or an amendment to a Bill. If a minister moves an amendment as provided herein, the debate on such amendment shall be limited to one hour and no Member shall speak for more than ten minutes. The debate having been concluded, the question shall be put on any amendment so moved, then in the concurrence of the report, be it amended or not.78.2 On the presentation of a report from the Committee of Supply or the Standing Committee on Estimates, a motion that the report be concurred in shall be deemed to be before the House. The motion to concur in the report of the Committee of Supply or the Standing Committee on Estimates shall be put and decided without debate and no amendment shall be received unless it is moved by a minister for the purpose of reinstating some estimate or estimates reduced or negatived in Committee. If a minister moves an amendment as provided herein, the debate on such amendment shall be limited to one hour and no Member shall speak for more than ten minutes. The debate having been concluded, the question shall be put on any amendment so moved, then in the concurrence of the report, be it amended or not.

Your Committee recommends for adoption the following additional amendments to the Standing Rules:1) Standing Rule 45(2) is amended by striking out “Speaker and the offices of all leaders of recognized parties” and substituting “Speaker, the offices of all leaders of recognized parties and the Government and Official Opposition House Leaders”.

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2) Standing Rule 66 is amendeda) by striking out the period at the end of paragraph (j) and substituting a semi-colon;b) by adding after paragraph (j) the following:

(k) for concurrence in Reports of the Standing Committee on Law Amendments.

3) Standing Rule 85 is repealed.4) Standing Rule 97 is repealed and the following is substituted:

97(1) Subject to subrule (2), no standing or select committee shall, except by order of the House, sit concurrently with the House.97(2) The Standing Committee on Estimates and the Standing Committee on Law Amendments shall have the authority to sit concurrently with the House.

All of which is respectfully submitted and the Committee asks leave to make a further report. (Sgd.) Hon. Bev Harrison, Chair MLA, Hampton-BelleisleOrdered that the report be received, that leave be granted and the committee continued.

Mr. Lamrock requested the unanimous consent of the House to allow the Opposition to table a Dissenting Report to the Third Report of the Standing Committee on Procedure, and unanimous consent was denied.

Following Oral Questions, Mr. Lamrock requested that Mr. Speaker remind Members not to refer to the absence of Members from the Chamber. Mr. Speaker ruled the point well taken.

The following Bill was introduced and read a first time:By Hon. Mr. Alward,

Bill 73, Seafood Processing Act.


Mr. Arseneault gave Notice of Motion 81, that on Tuesday, June 6, 2006, he would move the following resolution, seconded by Mr. Lamrock:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House


all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, hand-written notes, reports, analysis and research since June 1, 2003, pertaining to Eel River Bar First nations’s Aboriginal Heritage Garden, as well as any recommendations and time lines presented to the Minister of Regional Development Corporation for the completion of the Aboriginal Heritage Garden.

Mr. Stiles gave Notice of Motion 82, that on Tuesday, June 6, 2006, he would move the following resolution, seconded by Mr. C. LeBlanc:WHEREAS the Legislative Assembly of New Brunswick supports the goal of the Canadian Firearms Act to protect the citizens of Canada against homicides and injuries caused by firearms; andWHEREAS the rural nature of New Brunswick means a significant proportion of law abiding citizens own and use shotguns or rifles for purposes of hunting, recreation, competition or heritage; andWHEREAS the expensive burden of obtaining individual licenses and/or registering lawfully owned shotguns or rifles does not necessarily promote the proper use of firearms, nor does it take into account that the overwhelming majority of firearm related crimes are committed with illegally obtained and unregistered firearms; andWHEREAS the Legislative Assembly of New Brunswick supports the decision of the federal government to invest resources to better protect Canadian families and their communities by putting more police on our streets, funding crime prevention initiatives and supporting the victims of crime;BE IT FURTHER RESOLVED that the Legislative Assembly of New Brunswick supports the policy decision of the new Government of Canada to discontinue the long-gun registry and to protect the rights and assets of law abiding firearms owners; andBE IT FURTHER RESOLVED that the Legislative Assembly of New Brunswick requests the Government of Canada to continue to respect its commitments made at the time of the closure of CFB Chatham by replacing the 200 jobs associated with the long-gun registry in the Miramichi region with employment of similar quantity and quality.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Service New Brunswick, followed by those of the Department of Supply and Services.

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The Order being read for second reading of Bill 72, An Act to Amend the Legislative Assembly Act, a debate arose thereon.And the debate being ended, and the question being put on the motion that Bill 72, An Act to Amend the Legislative Assembly Act, be now read a second time, the motion was defeated.

The House, according to Order, resolved itself into a Committee of Supply with Mr. Betts in the chair.At 12.30 o’clock p.m., the Chairman left the chair to return again at 2 o’clock p.m.

2 o’clock p.m.

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

MAIN ESTIMATES, 2006-2007

ORDINARY ACCOUNTGENERAL GOVERNMENTVoted, Supply in the following amounts to defray the expenses of the following programs for the fiscal year ending the 31st of March, 2007:Service New Brunswick – Government Service Delivery ........... 19,944,000Service New Brunswick – Property Tax Assessment Provision . 5,885,000Information Technology Investment Fund .................................... 670,000Employee Benefit Plans ...................................................................... 37,658,000Equal Employment Opportunity Program ................................... 483,000New Brunswick Public Service Internship Program ................... 1,478,000Supplementary Funding Provision .................................................. 82,435,000Provision for Losses ........................................................................... 32,300,000Legislated Pension Plans, Benefit Accruals, Subsidies and Supplementary Allowances .............. 125,583,000Consolidated Entities ............................................................................. 0


DEPARTMENT OF SUPPLY AND SERVICESResolved, That there be granted to Her Majesty a sum not exceeding $97,469,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2007:Administration .................................................................................. 1,954,000General Services .................................................................................. 7,403,000Buildings Group .................................................................................. 85,039,000Corporate Information Management Services .............................. 3,111,000 Less amounts authorized by law ................................................. 38,000Voted ................................................................................................... 97,469,000

OFFICE OF HUMAN RESOURCESResolved, That there be granted to Her Majesty a sum not exceeding $5,637,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2007:Human Resource Management ....................................................... 5,675,000 Less amounts authorized by law ................................................. 38,000Voted ................................................................................................... 5,637,000

DEPARTMENT OF FINANCEResolved, That there be granted to Her Majesty a sum not exceeding $12,288,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2007:Financial Resource Management .................................................... 12,326,000 Less amounts authorized by law ................................................ 38,000Voted ................................................................................................... 12,288,000

OFFICE OF THE COMPTROLLERResolved, That there be granted to Her Majesty a sum not exceeding $4,899,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2007:Office of the Comptroller ..................................................................... 4,899,000 Less amounts authorized by law ...................................................... 0Voted .................................................................................................... 4,899,000

SERVICE OF THE PUBLIC DEBTResolved, That there be granted to Her Majesty a sum not exceeding $3,544,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st day of March, 2007:Service of the Public Debt ................................................................. 575,143,000 Less amounts authorized by law ................................................ 571,599,000 Voted .................................................................................................... 3,544,000

CAPITAL ACCOUNTDEPARTMENT OF SUPPLY AND SERVICESResolved, That there be granted to Her Majesty a sum not exceeding 157,666,000 to defray the expenses of the following program allocations for the fiscal year ending the 31st of March, 2007:Design and Construction of Provincial Buildings................................. 157,666,000

184 May 3154-55 Elizabeth II, 2005-2006

WORKING CAPITAL – MAXIMUM BALANCES2006-2007

WORKING CAPITAL ADVANCESSupply and Services - Algonquin Properties Limited .................. 1,500,000

PETTY CASH ADVANCESFinance ................................................................................................ 1,000

INVENTORIESSupply and Services ............................................................................ 2,000,000



June 1 185Journal of Assembly

Thursday, June 1, 2006.1 o’clock p.m.

Prayers.Hon. Mr. Green laid upon the table of the House a document entitled Final Report - The Belledune Area Environmental Sampling Study - Project No. 1001701.

Mr. Huntjens gave Notice of Motion 83 that on Thursday, June 8, 2006, he would move the following resolution, seconded by Mr. C. LeBlanc:WHEREAS a significant portion of New Brunswickers have benefited from rural mail delivery for decades; andWHEREAS the government of New Brunswick is committed to supporting the rural lifestyle that is a fundamental element of our province; andWHEREAS it is unrealistic and unfair to expect New Brunswick’s rural residents to drive long distances to pick up their mail; andWHEREAS Canada Post conducted no public consultation regarding its decision to cancel rural mail delivery; andWHEREAS Canada Post continues to post record profits while increasing prices and reducing services to its customers;BE IT RESOLVED that the Legislative Assembly of New Brunswick call upon Canada Post to continue providing rural mail delivery in New Brunswick.

Hon. Mr. Harrison, Government House Leader, announced that following the time reserved for Private Members’ Motions, it was the intention of government to call Motion 76 for debate.

The Order being read for second reading of Bill 73, Seafood Processing Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And the debate being ended, and the question being put that Bill 73, Seafood Processing Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 73, Seafood Processing Act, was read a second time and ordered referred to the Committee of the Whole House.

186 June 154-55 Elizabeth II, 2005-2006

Pursuant to Notice of Motion 75, Mr. Jamieson moved the following resolution, seconded by Mr. Lamrock:WHEREAS global warming is a growing threat to people’s health, our resource industries and our environment; andWHEREAS in the absence of federal government leadership, provinces must have clear plans to reduce greenhouse gas emissions; andWHEREAS unlike other jurisdictions, New Brunswick has no legislated targets for reducing greenhouse emissions;BE IT THEREFORE RESOLVED THAT THE Legislative Assembly call upon the government to introduce legislation setting out clear targets for reduction of greenhouse gas emissions by December 31, 2006.It was agreed by unanimous consent to limit the time reserved for Private Members’ Motion to one hour and fifteen minutes.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, Motion 75 was defeated.

Pursuant to Notice of Motion 76, Hon. Mr. Harrison, moved the following resolution, seconded by Hon. P. Robichaud:Pursuant to a resolution of the House adopted May 3, 2006, not to concur in the Report of the Committee of Supply dated May 3, 2006, this Assembly instructs the Committee of Supply to reconsider the supply resolutions for the Department of Transportation for the fiscal year 2006-2007.And the question being put, a debate ensued.And the debate being ended, and the question being put, Motion 76 was resolved in the affirmative.

With leave of the House, Hon. Mr. Harrison moved, seconded by Hon. P. Robichaud: (Motion No. 84):THAT pursuant to Standing Rule 109, the estimates of the following departments are referred to the Standing Committee on Estimates which shall report those Estimates back to the House for concurrence therein:Agriculture, Fisheries and AquacultureEnvironmentExecutive Council Office


Intergovernmental AffairsJustice and Consumer AffairsLegislative AssemblyLocal GovernmentNatural ResourcesOffice of the Attorney GeneralOffice of the PremierPost Secondary Education and TrainingPublic SafetyRegional Development CorporationTourism and ParksWellness, Culture and Sport.And the question being put, a debate ensued.And the debate being ended, and the question being put, Motion 84 was resolved in the affirmative.



Friday, June 2, 2006.10 o’clock a.m.

Prayers.Hon. Mr. Harrison rose on a point of order and submitted that the words “fraudulent” and “illegal,” as used by Mr. Murphy, the Member for Moncton North, in referring to the actions of Hon. Mr. Volpé, the Minister of Finance, were unparliamentary. Mr. Lamrock, the Member for Fredericton-Fort Nashwaak, and Hon. Mr. Green, the Member for Fredericton South, spoke on the point of order. Mr. Speaker informed the House he would review the Hansard and report back if necessary.

With leave of the House, Hon. Mr. Harrison moved, seconded by Mr. Lamrock: (Motion 85)That, notwithstanding the Special Order of the House adopted December 23, 2005, when the Assembly adjourns on June 9, 2006, it shall stand adjourned until Tuesday, June 13, 2006, at 1 o’clock p.m., at which time the House shall continue to meet until Wednesday, June 21, 2006 to transact its business;That, when the Assembly adjourns on Wednesday, June 21, 2006, it shall stand adjourned until Wednesday, October 18, 2006;That the Legislative Assembly meet on the following days for the balance of 2006:Wednesday, October 18 to Friday, October 20, inclusive;Tuesday, October 24 to Friday, October 27, inclusive;Tuesday, October 31 to Friday, November 3, inclusive;Tuesday, November 7 to Friday, November 10, inclusive;That when the Assembly adjourns on November 10, 2006, it shall stand adjourned until Tuesday, March 20, 2007;That the Legislative Assembly adopt the following sessional calendar for 2007:Tuesday, March 20 to Friday, March 23, inclusive;Tuesday, March 27 to Friday, March 30, inclusive;Tuesday, April 3 to Thursday, April 5, inclusive;Tuesday, April 17 to Friday, April 20, inclusive;Tuesday, April 24 to Friday, April 27, inclusive;Tuesday, May 1 to Friday, May 4, inclusive;Tuesday, May 15 to Friday, May 18, inclusive;Tuesday, May 22 to Friday, May 25, inclusive;Tuesday, May 29 to Friday, June 1, inclusive;


That when the Assembly adjourns on Friday, June 1, 2007, it shall stand adjourned until Tuesday, October 16, 2007;PROVIDED ALWAYS THAT if it appears to the satisfaction of Mr. Speaker, after consultation with the Government, that the public interest requires that the House should meet at an earlier time during any period of adjournment, Mr. Speaker may give notice that he is so satisfied and in such notice shall state a time at which the House shall meet, and thereupon the House shall meet at the time so stated and shall transact its business as if it had been duly adjourned to that time, andTHAT in the event of Mr. Speaker being unable to act owing to illness or other cause, either of the Deputy Speakers shall act in his stead for the purpose of this order.And the question being put, the motion was carried.

With leave of the House, Hon. Mr. Harrison moved, seconded by Mr. Lamrock: (Motion 86)THAT all Estimates selected for consideration by the Standing Committee on Estimates shall be deemed to be passed if not passed by the Committee and reported back to the House by June 16, 2006.THAT all other Estimates remaining for consideration by the Committee of Supply shall be deemed to be passed by the Committee if not passed and reported back to the House by June 16, 2006.And the question being put, the motion was carried.

With leave of the House, Hon. Mr. Harrison moved, seconded by Mr. Lamrock: (Motion 87)THAT the order referring Bill 45, An Act to Amend the Education Act to the Committee of the Whole House be discharged and the Bill referred to the Standing Committee on Law Amendments.And the question being put, the motion was carried.

Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Health.




1.30 o’clock p.m.


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


The following documents having been deposited with the Clerk of the House, were deemed laid upon the Table of the House, pursuant to Standing Rule 39:Documents requested in Notice of Motion 72 June 1, 2006


Tuesday, June 6, 2006.1 o’clock p.m.

Prayers.The Honourable the Premier recognized the contribution of Canadians during the allied invasion of Normandy in World War II, this being the 62nd anniversary of D-Day. Mr. McGinley, the Member for Grand Lake, welcomed to the House Eldon Parsons, Ronald Thompson, John Gay, and Henry Goguen, surviving veterans of World War II.

The following Bill was introduced and read a first time:By Hon. Mr. Steeves,

Bill 74, An Act to Amend the Emergency 911 Act.Ordered that the said Bill be read a second time at the next sitting.


Fredericton, N.B.June 6, 2006.

His Honour the Lieutenant-Governor transmits a Bill entitled Special Appropriation Act 2006 and having been informed of the subject matter of the Bill, recommends the same to the House.


The following Bills were introduced and read a first time: By Hon. Mr. Volpé,

Bill 75, Special Appropriation Act 2006.Bill 76, Loan Act 2006.Bill 77, An Act to Amend the New Brunswick Income Tax Act.


Mr. Albert gave Notice of Motion 88 that on Tuesday, June 13, 2006, he would move the following resolution, seconded by Mr. Arseneault:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports,


analysis, expense accounts, travel itineraries and research pertaining to the trip in May 2006 to Romania of which Minister Mockler and delegation attended meetings regarding La Francophonie.

Mr. MacIntyre gave Notice of Motion 89 that on Tuesday, June 13, 2006, he would move the following resolution, seconded by Mr. S. Graham:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research between the Government of New Brunswick and the Government of Nova Scotia pertaining to gas price regulation, including the possible harmonization of gas price regulations between the two provinces.

On motion of Hon. Mr. Harrison, seconded by Mr. Lamrock:RESOLVED, that when the House adjourns on Wednesday, June 7, 2006, it stand adjourned until Thursday, June 8, 2006, at 11:30 o’clock a.m.

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

Pursuant to Notice of Motion 82, Mr. Stiles moved the following resolution, seconded by Mr. C. LeBlanc:

WHEREAS the Legislative Assembly of New Brunswick supports the goal of the Canadian Firearms Act to protect the citizens of Canada against homicides and injuries caused by firearms; and

WHEREAS the rural nature of New Brunswick means a significant proportion of law abiding citizens own and use shotguns or rifles for purposes of hunting, recreation, competition or heritage; and

WHEREAS the expensive burden of obtaining individual licenses and/or registering lawfully owned shotguns or rifles does not necessarily promote the proper use of firearms, nor does it take into account that the overwhelming majority of firearm related crimes are committed with illegally obtained and unregistered firearms; and

WHEREAS the Legislative Assembly of New Brunswick supports


the decision of the federal government to invest resources to better protect Canadian families and their communities by putting more police on our streets, funding crime prevention initiatives and supporting the victims of crime;BE IT FURTHER RESOLVED that the Legislative Assembly of New Brunswick supports the policy decision of the new Government of Canada to discontinue the long-gun registry and to protect the rights and assets of law abiding firearms owners; andBE IT FURTHER RESOLVED that the Legislative Assembly of New Brunswick requests the Government of Canada to continue to respect its commitments made at the time of the closure of CFB Chatham by replacing the 200 jobs associated with the long-gun registry in the Miramichi region with employment of similar quantity and quality.And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some time, Mr. Murphy rose on a question of privilege and submitted that during Statements by Members, Ms. Blaney had accused him of making a “sexist” remark in a previous debate, that she did not refer to the remark in question, and that it was part of a campaign to impugn his reputation.Mr. Murphy explained that he had used the term “weather girl” during a debate of the estimates of the Department of Finance and that it was a reference to an iconic figure, part of an expression and there was no malice or intent.Mr. Murphy requested that Ms. Blaney apologize for the remark or face a lawsuit for having repeated the remarks outside the House. Ms. Blaney and Mr. Lamrock spoke on the question of privilege.Mr. Deputy Speaker took the matter under advisement, noting that he had not been in the chair at the time the comment was made and reminding Members that Members’ Statements should not be used for making personal attacks.And after some time, Mr. Speaker resumed the chair.And after some further time, Mr. Foran, seconded by Mr. Brewer, moved in amendment:

AMENDMENTTHAT motion 82 be amended by adding after the words “employment of similar quantity and quality.” the following:


“BE IT FURTHER RESOLVED that this Legislative Assembly urge the federal government to act more quickly upon its campaign pledge to protect jobs in the Miramichi by announcing and funding the new federal government jobs to be located in Miramichi in this fiscal year.And the question being put, a debate ensued.And the debate being ended and the question being put, the amendment was defeated.Mr. Speaker put the question on the motion and the Motion 82 was carried on the following recorded division:

YEAS - 49Hon. Ms. MacAlpine-Stiles Hon. Mr. Holder Mr. DohertyHon. Ms. Poirier Hon. Mr. Fitch Mr. AlbertHon. Ms. Dubé Mr. Huntjens Mr. OuelletteHon. Mr. Volpé Mr. Stiles Ms. C. RobichaudHon. Mr. Lord Mr. Sherwood Mr. LamrockHon. Mr. Harrison Mr. Mesheau Mr. MurphyHon. Mr. Green Ms. Blaney Mr. KennyHon. D. Graham Mr. E. Robichaud Mr. ArseneaultHon. Mr. Mockler Mr. C. LeBlanc Mr. ForanHon. Ms. Fowlie Mr. Betts Mr. KennedyHon. Mr. Steeves Mr. McGinley Mr. A. LeBlancHon. Mr. Williams Mr. Jamieson Mr. PaulinHon. Mr. Ashfield Mr. MacIntyre Mr. DoucetHon. Mr. MacDonald Mr. Allaby Mr. R. BoudreauHon. Mr. Carr Mr. D. Graham Mr. BrewerHon. P. Robichaud Mr. Landry Mr. V. BoudreauHon. Mr. Alward

NAYS - 0




Wednesday, June 7, 2006.10 o’clock a.m.

Prayers.Ms. Blaney, the Member for Saint John-Kings, rose on a Question of Privilege concerning comments directed to her by the Member for Moncton North which she submitted were a clear attempt to intimidate a Member of the House and a clear violation of privilege. Pursuant to Standing Rule 9(2), Ms. Blaney gave notice of her intention to propose the following motion, seconded by Hon. Mr. Harrison:THAT the comments “I have indicated that I will sue her. The lawsuit is drafted. It will be served upon her, and she can spend the many, many thousands of dollars defending this, or she can apologize today.” made by the Member for Moncton North on June 6, 2006, be referred to the Standing Committee on Privileges for investigation as an attempt to intimidate and therefore a breach of privilege and for appropriate action.

Mr. Kennedy, Member for Victoria-Tobique, laid upon the table of the House a petition signed by residents whose concern is the water rights to Plant Brook on the land of Jerome Bowmaster. (Petition 26)


Fredericton, N.B.June 7, 2006.

His Honour the Lieutenant-Governor transmits the Supplement and Amendment to Supplementary Estimates 2005-2006 Volume I of the sums required for the services of the province, not otherwise provided for, for the year ending March 31, 2006, and in accordance with the provisions of the Constitution Act, 1867, recommends these estimates to the House.


Mr. Murphy gave Notice of Motion 91, that on Tuesday, June 13, 2006, he would move the following resolution, seconded by Mr. Allaby:WHEREAS the Financial Administration Act is very clear in section 34(1) that a Special Warrant may only be ordered if it is “required urgently for the public good”; and


WHEREAS Special Warrants are intended to be used to deal with real emergencies and expenditures that are unforeseen; andWHEREAS this government has demonstrated a blatant disregard for this section of the Financial Administration Act;BE IT THEREFORE RESOLVED that the Legislative Assembly require the Minister of Finance to apologize to this House for disregarding the Financial Administration Act.

Mr. Jamieson gave Notice of Motion 91, that on Tuesday, June 13, 2006, he would move the following resolution, seconded by Mr. R. Boudreau:WHEREAS June 4-10, 2006, is recognized as National Environment Week; andWHEREAS the state of the environment will emerge as one of the most critical issues facing our society over the next decade; andWHEREAS this government’s 5 in 5 plan fails to clearly identify a commitment to the reduction of greenhouse gas emissions; andWHEREAS the burning of PCB’s is a known risk and danger to people’s health; andWHEREAS air quality, water protection and protection of our quality of life are the fundamental responsibilities of the Department of Environment;BE IT RESOLVED that the Legislative Assembly condemn the government’s failure to protect the environment.

Mr. Lamrock rose on a point of order and requested that the rules regarding time limits on Introduction of Guests and Congratulatory Messages be respected as closely as possible for the remainder of the session. Hon. Mr. Harrison, the Government House Leader, concurred in the point of order and agreed that the relevant rules should be respected as closely as possible.Mr. Speaker stated he would take the comments of Members under advisement accordingly.

Hon. Mr. Harrison, Government House Leader, announced that following second reading, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Health, the Department of Energy, and the Energy Efficiency and Conservation Agency.


The Order being read for second reading of Bill 74, An Act to Amend the Emergency 911 Act, a debate arose thereon.And debate being ended, and the question being put that Bill 74, An Act to Amend the Emergency 911 Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 74, An Act to Amend the Emergency 911 Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 75, Special Appropriation Act 2006, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some time, Mr. Speaker resumed the chair.And after some further time, Ms. Blaney rose on a Question of Privilege with respect to the service of a Notice of Action on her on the premises of the Legislative Assembly by a staff of the Office of the Official Opposition.Pursuant to Standing Rule 9(2), Ms. Blaney gave notice of her intention to move the following motion, seconded by Mr. Harrison:THAT the matter of the Member for Moncton North serving a civil proceeding on the Member for Saint John-Kings within the precincts of the House while it is sitting be referred to the Standing Committee on Privileges for investigation and, if appropriate, sanction.Debate resumed on the motion for second reading of Bill 75.And the debate being ended, and the question being put that Bill 75, Special Appropriation Act 2006, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 75, Special Appropriation Act 2006, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 76, Loan Act 2006, a debate arose thereon.And after some time, Mr. Speaker declared it to be 12.30 o’clock p.m., and left the chair to resume again at 2 o’clock p.m.

2 o’clock p.m.

Mr. Speaker resumed the chair.Debate resumed on the motion for second reading of Bill 76.


And debate being ended, and the question being put that Bill 76, Loan Act 2006, be now read a second time, it was resolved in the affirmative.

Accordingly, Bill 76, Loan Act 2006, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 77, An Act to Amend the New Brunswick Income Tax Act, a debate arose thereon.

And the debate being ended, and the question being put that Bill 77, An Act to Amend the New Brunswick Income Tax Act, be now read a second time, it was resolved in the affirmative.

Accordingly, Bill 77, An Act to Amend the New Brunswick Income Tax Act, was read a second time and ordered referred to the Committee of the Whole House.

Mr. Speaker advised the Assembly that the two hours of notice required under Standing Rule 9(2) had elapsed. Mr. Speaker recognized Ms. Blaney to speak on the matters of privilege raised earlier in the sitting.

In speaking on the Question of Privilege, the Member for Saint John-Kings claimed that the actions of the Member for Moncton North constitute a contempt of this House by attempting to deprive her from fully exercising her freedom of speech. Ms. Blaney further claimed that the service of a notice of action and statement of claim within the Legislative precincts amounts to a contempt.

Mr. Speaker took the matter under advisement.



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

And after some further time spent in Committee of Supply, Mr. Speaker resumed the chair, and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items and asked leave to sit again.

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


The following are the items reported:MAIN ESTIMATES, 2006-2007

ORDINARY ACCOUNTDEPARTMENT OF HEALTHResolved, That there be granted to Her Majesty a sum not exceeding $1,896,722,000 to defray the expenses of the Ordinary Account program allocations for the Department of Health for the fiscal year ending the 31st of March, 2007:Administrative Services ..................................................................... 18,529,000Public Health and Medical Services ................................................ 636,938,000Institutional Services .......................................................................... 1,116,329,000Addiction and Mental Health Services ........................................... 79,252,000 Less amounts authorized by law ................................................. 38,000Voted .................................................................................................... 1,896,722,000

CAPITAL ACCOUNTDEPARTMENT OF HEALTHResolved, That there be granted to Her Majesty a sum not exceeding $13,723,000 to defray the expenses under Capital Account of the Department of Health for the fiscal year ending the 31st of March, 2007:Public Hospitals - Capital Equipment ............................................. 13,723,000Health Care Renewal .......................................................................... 0

WORKING CAPITAL – MAXIMUM BALANCESWORKING CAPITAL ADVANCESHealth .................................................................................................... 3,370,000

PETTY CASH ADVANCESHealth .................................................................................................... 5,000




Thursday, June 8, 2006.11.30 o’clock a.m.

Prayers.Mr. Speaker reminded Members to adhere to the time limits prescribed by the Standing Rules for Introduction of Guests and Congratulatory Messages.

Hon. Mr. Harrison, rose on a point of order and requested that Mr. Arseneault withdraw the term “lied” in reference to the government. The Member for Dalhousie-Restigouche East withdrew the remark.

Ms. C. Robichaud gave Notice of Motion 92, that on Thursday, June 15, 2006, she would move the following resolution, seconded by Mr. Doherty:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research from the departments of Family and Community Services and Education pertaining to the planning and development of the pre-Kindergarten program from January 21, 2005, to present that was announced by the Premier in the December 2005 Speech from the Throne.

With leave of the House to dispense with notice, Hon. Mr. Harrison moved, seconded by Hon. P. Robichaud: (Motion 93)That pursuant to Standing Rule 77, the order for referral of Bills 19, 33, 38, 39, 48, 49, 50, and 63, to the Committee of the whole House be discharged and that with the unanimous consent of the House the said Bills be ordered for Third Reading forthwith.And the question being put, it was resolved in the affirmative.

Hon. Mr. Harrison, Government House Leader, announced that following third reading and the time reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Energy followed by the Department of Education.

It was agreed by unanimous consent to limit the time reserved for Private Members’ Motions to one hour and for the time reserved for the right of reply to five minutes.



Bill 19, An Act to Amend the Motor Vehicle Act.Bill 33, An Act to Amend the Executive Council Act.Bill 38, An Act Respecting Pensions.Bill 39, An Act to Repeal the Married Woman’s Property Act.Bill 48, An Act to Amend the Pre-arranged Funeral Services Act.Bill 49, An Act to Amend the Teachers’ Pension Act.Bill 50, Class Proceedings Act.Bill 63, An Act to Amend the Elections Act.


Mr. Speaker delivered the following ruling:

STATEMENT

Honourable Members,

Last Friday, the Government House Leader raised a point of order concerning comments made by the Member for Moncton North during question period. I undertook to review the record and report back to the House if necessary. In speaking on the point of order, the Government House Leader stated that it is unacceptable to accuse a minister of being fraudulent and doing things illegal.

In their arguments, the Minister of Health and the Opposition House Leader made reference to paragraphs 489 and 490 of Beauchesne’s Parliamentary Rules and Forms which contains a list of terms that have been ruled both parliamentary and unparliamentary. However, it is the context in which words or phrases are used that the Speaker must consider when deciding whether or not they should be withdrawn. A word or expression deemed unparliamentary one day may not necessarily be deemed unparliamentary the following day.

At page 5 of Hansard of Question Period for June 2, 2006, the Member for Moncton North said “There are two principal reasons that what the Minister did in the budget is both fraudulent and illegal”. I find that this language is unacceptable. The use of the words “fraudulent” and “illegal” to describe the action of the Minister is unparliamentary and must be withdrawn.

The word “fraudulent” further implies that there was a wilful attempt on the part of the Minister to deceive. The use of the word in this context is, in my opinion, unparliamentary. I would therefore ask the Member for Moncton North to withdraw the offending remarks.

The Member for Moncton North withdrew the offending remarks.


Due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.Mr. Deputy Speaker delivered the following ruling:

STATEMENTHonourable Members,On Tuesday, I reserved my decision on the question of privilege raised by the Member for Moncton North in relation to comments made in a Member’s Statement by the Member for Saint John-Kings.In speaking on the point of privilege, the Member for Moncton North complained that the Member for Saint John-Kings had accused him of making a sexist remark in the House, that she did not refer to the remark in question and that it was part of a campaign to impugn his reputation and that it had to end.Continuing, the Member for Moncton North explained that he had used the term “weathergirl” in debate on the estimates of the Department of Finance and that it was a reference to an iconic figure and part of an expression, and there was no malice or intent.The Member for Saint John-Kings spoke on the question of privilege and claimed that she was not impugning the character or person of the Member for Moncton North. The Member for Saint John-Kings maintained that the use of the term “weathergirl” by the Member for Moncton North was inappropriate and derogatory, that it was not a professional title, that it was made in a flippant way, and that it was a sexist remark for which the Member should apologize to the House.The Member for Fredericton-Fort Nashwaak spoke briefly on the point of privilege and expressed concern that the matter had not been raised as a point of order at the time the remark was made and that it had been saved up to be used in debate.I have had an opportunity to review the relevant Hansard transcripts of the exchanges in question. I find that this matter involves a question of order and not privilege. It concerns language used in debate. Any member who feels aggrieved by a remark or allegation may bring the matter to the immediate attention of the Speaker on a point of order. The Member for Saint John-Kings has expressed an opinion. She states that she believed , at the time the remarks were made, and continues to believe, that the term used by the Member for Moncton North was inappropriate. The Member for Moncton North has indicated that he made reference to an iconic figure, a wording of expression, with no malice or intent.


I must accept both Members at their word.I want to remind all members, however, that the proper time to raise a point of order is when the words are used and not afterwards. It is not in order for a Member to raise what amounts to a point of order during the making of a Member’s Statement. In future, if a Member wants to complain to the House regarding objectionable language, it should be raised in a timely fashion as a point of order, and not through a Member’s Statement.Honourable Members we have less than two weeks of session remaining. I want to caution Members on both sides of the House not to use intemperate or inflammatory language in debate.

Pursuant to Notice of Motion 78, Mr. S. Graham moved the following resolution, seconded by Mr. Murphy:

WHEREAS Canada is a federation in which provinces have constitutional responsibility for the delivery of a number of essential public services to citizens, including health, social services and education;

AND WHEREAS section 36(2) of the Constitution Act 1982 recognizes the commitment of Parliament and the Government of Canada to the principle of making equalization payments to ensure provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation;

AND WHEREAS all Premiers of Canada have further agreed the federal government should strengthen its commitment to the Equalization Program so the Program meets its constitutionally mandated objective of addressing the fiscal imbalance in Canada;

AND WHEREAS a properly functioning equalization program is necessary to ensure fiscal disparities across this country do not widen resulting in non-comparative tax rates;

AND WHEREAS the Province of New Brunswick is currently a recipient of equalization payments and relies on a properly functioning program to provide quality services to its citizens and maintain its competitive position relative to the rest of Canada;

AND WHEREAS the people of New Brunswick believe a strong and effective federation is best achieved through the cooperation of all levels of government working to meet the needs of Canadians;

THEREFORE be it resolved that the Legislative Assembly reaffirms its commitment to section 36(2) of the Constitution Act 1982 and


the principle of making equalization payments to ensure provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation;BE IT FURTHER resolved that the Legislative Assembly recognizes the fundamental importance of the provision of equalization payments as an essential characteristic of the Canadian federation;BE IT FURTHER resolved that the Legislative Assembly call upon the Government of Canada to enhance the current equalization program, by using a ten province model and including all revenue from non-renewable resources, to ensure it meets its constitutional mandate.And the question being put, a debate ensued.And after some time, Hon. Mr. Volpé, seconded by Hon. Mr. Green, moved in amendment:

AMENDMENTTHAT Motion 78 be amended by:Adding the following “Whereas” clause:AND WHEREAS all Premiers of Canada have further agreed the federal government should ensure the Equalization Program meets its constitutionally mandated objective;AND WHEREAS the Government of Canada has acknowledged the existence of a fiscal imbalance and has committed in its 2006-07 budget to introducing a renewed and strengthened Equalization Program by the fall of 2006;And, in the final resolution clause, by adding the words:“with full revenue coverage, including” after the words “by using a ten province model” and adding the words “and no cap or ceiling on program entitlements” after the words “nonrenewable resources,”At 1.50 o’clock p.m., Mr. Deputy Speaker declared a recess and left the chair.

2.05 o’clock p.m.Mr. Deputy Speaker resumed the chair.With the unanimous consent of the House, Hon. Mr. Volpé withdrew his previous amendment and moved, seconded by Hon. Mr. Green, the following amendment:

AMENDMENTTHAT Motion 78 be amended by:Adding the following “Whereas” clause after the final whereas clause:


AND WHEREAS all premiers of Canada have further agreed the federal government should ensure the Equalization Program meets its constitutionally mandated objective;And deleting the second resolution clause and replacing it with:BE IT FURTHER RESOLVED that the Legislative Assembly call upon the government of Canada to enhance the current equalization program, by using a ten province model with full revenue coverage, including non-renewable resources, and no cap or ceiling on program entitlements to ensure it meets its constitutional mandate.And the question being put, a debate ensued.And the debate being ended and the question being put, the amendment was carried.The debate resumed on Motion 78 as amended as follows:WHEREAS Canada is a federation in which provinces have constitutional responsibility for the delivery of a number of essential public services to citizens, including health, social services and education;AND WHEREAS section 36(2) of the Constitution Act 1982 recognizes the commitment of Parliament and the Government of Canada to the principle of making equalization payments to ensure provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation;AND WHEREAS all Premiers of Canada have further agreed the federal government should strengthen its commitment to the Equalization Program so the Program meets its constitutionally mandated objective of addressing the fiscal imbalance in Canada;AND WHEREAS a properly functioning equalization program is necessary to ensure fiscal disparities across this country do not widen resulting in non-comparative tax rates;AND WHEREAS the Province of New Brunswick is currently a recipient of equalization payments and relies on a properly functioning program to provide quality services to its citizens and maintain its competitive position relative to the rest of Canada;AND WHEREAS the people of New Brunswick believe a strong and effective federation is best achieved through the cooperation of all levels of government working to meet the needs of Canadians;AND WHEREAS all Premiers of Canada have further agreed the federal government should ensure the Equalization Program meets its constitutionally mandated objective;


THEREFORE be it resolved that the Legislative Assembly reaffirms its commitment to section 36(2) of the Constitution Act 1982 and the principle of making equalization payments to ensure provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation;BE IT FURTHER resolved that the Legislative Assembly recognizes the fundamental importance of the provision of equalization payments as an essential characteristic of the Canadian federation;BE IT FURTHER RESOLVED that the Legislative Assembly call upon the government of Canada to enhance the current equalization program, by using a ten province model with full revenue coverage, including non-renewable resources, and no cap or ceiling on program entitlements to ensure it meets its constitutional mandate.And the debate being ended, and the question being put, Motion 78 as amended was resolved in the affirmative.

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

MAIN ESTIMATES, 2006-2007ORDINARY ACCOUNT

DEPARTMENT OF ENERGYResolved, That there be granted to Her Majesty a sum not exceeding $1,937,000 to defray the expenses of the Ordinary Account program allocations for the Department of Energy for the fiscal year ending the 31st of March, 2007:Administration ..................................................................................... 556,000Energy Policy Management .............................................................. 1,419,000 Less amounts authorized by law ................................................. 38,000Voted .................................................................................................... 1,937,000


ENERGY EFFICIENCY AND CONSERVATION AGENCY OF NEW BRUNSWICKResolved, That there be granted to Her Majesty a sum not exceeding $8,031,000 to defray the expenses of the Ordinary Account program allocations for the Energy Efficiency and Conservation Agency of New Brunswick for the fiscal year ending the 31st of March, 2007:Administration ..................................................................................... 1,231,000Energy Efficiency Programs ............................................................. 6,800,000 Less amounts authorized by law ................................................. 0Voted .................................................................................................... 8,031,000

LOANS AND ADVANCESENERGY EFFICIENCY AND CONSERVATION AGENCY OF NEW BRUNSWICKResolved, That there be granted to Her Majesty a sum not exceeding $3,400,000 to defray the expenses under Loans and Advances of the Energy, Efficiency and Conservation Agency of New Brunswick for the fiscal year ending the 31st of March, 2007:Loans for energy efficiency upgrades ............................................. 3,400,000





Prayers.Pursuant to Standing Rule 10, Mr. Doucet, the Member for Charlotte, rose on a Question of Privilege and brought to the attention of the House a broadcast on CBC Radio this morning in which the Minister of Energy referred to the Member personally in a false and inaccurate context.

Mr. Sherwood from the Standing Committee on Private Bills presented the Second Report of the Committee for the session, which was read and is as follows:

June 9, 2006.To The HonourableThe Legislative Assembly ofThe Province of New BrunswickMr. Speaker:Your Standing Committee on Private Bills begs leave to submit this, their Second Report of the Session.Your Committee met on June 8, 2006, in the Legislative Council Chamber and had under consideration:Bill 69, An Act to Amend the Université de Moncton Act

which it recommends to the favourable consideration of the House.And your Committee begs leave to make a further report.I move, seconded by the Member for Moncton Crescent, that the report be concurred in by the House.

(Sgd.:) Milton Sherwood, Chairman.MLA for Grand Bay-Westfield.

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

Mr. Speaker interrupted Members’ Statements and reminded Members to refrain from making personal attacks.

The following Bill was introduced and read a first time: By Mr. Lamrock,

Bill 78, An Act to Amend the Human Rights Act.



Mr. Lamrock gave Notice of Motion 94 that on Thursday, June 15, 2006, he would move the following resolution, seconded by Mr. McGinley:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research between the government of New Brunswick and Canada Post Corporation and / or the Government of Canada from May 1, 2006, to the present regarding the disruption of home delivery of mail to rural New Brunswick residents.

Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of Supply to continue consideration of the estimates of the Department of Education.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair.At 12.30 o’clock p.m., the Chairman left the chair to resume again at 1.30 o’clock p.m.

1.30 o’clock p.m.

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



DEPARTMENT OF EDUCATIONResolved, That there be granted to Her Majesty a sum not exceeding $829,512,000 to defray the expenses of the Ordinary Account program allocations for the Department of Education for the fiscal year ending the 31st of March, 2007:Corporate Services .............................................................................. 4,656,000Elementary and Secondary Education ............................................ 824,894,000 Less amounts authorized by law ................................................. 38,000Voted ................................................................................................... 829,512,000

WORKING CAPITAL – MAXIMUM BALANCESWORKING CAPITAL ADVANCESEducation: - Atlantic Provinces Special Education Authority ...................... 350,000

PETTY CASH ADVANCESEducation ............................................................................................ 120,000

INVENTORIESEducation ............................................................................................ 211,000





Prayers.Hon. P. Robichaud, the Member for Lamèque-Shippagan-Miscou, welcomed to the House Mr. Gaston Moore, Progressive Conservative Member for Caraquet (2001-2003).Hon. Mr. Williams, Member for Kent South, welcomed to the House Mr. Clarence J. Cormier, Progressive Conservative Member for Memramcook (1982-1987) and Minister of Education (1982-1985).

The following Bill was introduced and read a first time:By Ms. C. Robichaud,

Bill 79, Safe Schools Act.Ordered that the said Bill be read a second time at the next sitting.

Mr. Albert gave Notice of Motion 95 that on Thursday, June 15, 2006, he would move the following resolution, seconded by Mr. Landry:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all information concerning woodcutting on Village historique acadien land, including reports, e-mails, faxes, minutes of meetings, handwritten notes, the reasons for this woodcutting, the number of acres cut, the number of cords of wood, the net profit, the silvicultural work carried out, and the numbers of the stands affected by this cutting (according to the forest management plan for the Village historique acadien, August 1987), from April 1, 2004, to March 31, 2006.

Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that Private Bills 66 and 69 be called for second reading forthwith. Following second reading and the time reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of the Department of Business New Brunswick.

The following Private Bills were read a second time:Bill 66, An Act Respecting the Paramedic Association of New Brunswick.Bill 69, An Act to Amend the Université de Moncton Act.

Pursuant to Standing Rule 121, Mr. Speaker ordered Private Bills 66 and 69 for third reading forthwith.


The following Private Bills were read a third time:Bill 66, An Act Respecting the Paramedic Association of New Brunswick.Bill 69, An Act to Amend the Université de Moncton Act.


The Order being read for second reading of Bill 78, An Act to Amend the Human Rights Act, a debate arose thereon.And the debate being ended, and the question being put that Bill 78, An Act to Amend the Human Rights Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 78, An Act to Amend the Human Rights Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent that Motion 85, which was resolved in the affirmative on June 2, 2006, be deemed to have been read into the record in its entirety on the day that it was carried.

Pursuant to Notice of Motion 90, Mr. Murphy moved the following resolution, seconded by Mr. Allaby:WHEREAS the Financial Administration Act is very clear in section 34(1) that a Special Warrant may only be ordered if it is “required urgently for the public good”, andWHEREAS Special Warrants are intended to be used to deal with real emergencies and expenditures that are unforeseen, andWHEREAS this government has demonstrated a blatant disregard for this section of the Financial Administration Act,BE IT THEREFORE RESOLVED that the Legislative Assembly require the Minister of Finance to apologize to this House for disregarding the Financial Administration Act.

And the question being put, a debate ensued.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.It was agreed by unanimous consent to limit the time reserved for Private Members’ Motions to one hour and twenty-five minutes.Debate resumed on Motion 90.And the debate being ended and the question being put, Motion 90 was defeated.


The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair.At 3.57 o’clock p.m., Mr. Chairman declared a recess and left the chair.

4.05 o’clock p.m.

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




Prayers.Mr. Lamrock rose on a point of order and submitted that the Minister of Energy had referred to the absence from the Chamber of Mr. Burke, the Member for Fredericton North, during the previous day’s sitting. Mr. Speaker ruled the point well taken and informed Members that they would be called to order if this practice continued.

The following Bill was introduced and read a first time:By Ms. C. Robichaud,

Bill 80, An Act to Amend the Pension Benefits Act.


Mr. Doherty gave Notice of Motion 96, that on Tuesday, June 20, 2006, he would move the following resolution, seconded by Mr. R. Boudreau:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House by the Department of Family and Community Services all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research pertaining to the internal employee survey referred to by Minister Dubé in the article “Social Workers Complain about Working Conditions” in the Telegraph Journal on June 2, 2006.

Mr. Lamrock gave Notice of Motion 97, that on Tuesday, June 20, 2006, he would move the following resolution, seconded by Mr. Arseneault:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all invoices, receipts and other financial documentation including but not limited to electronic and printed documents establishing the costs to the Department of Family and Community Services of printing and distributing a printed place mat entitled “Mes attitudes et mes choix face à vie” in restaurants in and around the City of Edmundston.

It was agreed by unanimous consent that second reading of Bill 79, Safe Schools Act, be deferred until Thursday, June 15, 2006.


Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of Supply to take into consideration the estimates of Business New Brunswick, followed by those of the Department of Family and Community Services and the New Brunswick Advisory Council on Seniors.

The House, according to Order, resolved itself into a Committee of Supply with Mr. C. LeBlanc in the chair.At 12.30 o’clock p.m., the Chairman left the chair, to resume again at 2 o’clock p.m.

2 o’clock p.m.

The Committee resumed with Mr. Betts in the chair.Hon. Mr. Holder welcomed to the Chamber Mr. Norman McFarlane, Progressive Conservative Member (1999-2003), Minister of Labour (1999-2000), and Minister of Training and Employment Development (2000-2003).And after some time, Mr. C. LeBlanc resumed the chair.And after some further time, Mr. Speaker resumed the chair, and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported that the Committee had had under consideration the matters referred to them, had made some progress therein, had passed several items and asked leave to sit again.Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.The following are the items reported:


GENERAL GOVERNMENTVoted, Supply in the following amount to defray the Ordinary Account expenses of the New Brunswick Advisory Council on Seniors for the fiscal year ending the 31st of March, 2007:New Brunswick Advisory Council on Seniors .............................. 216,000

DEPARTMENT OF FAMILY AND COMMUNITY SERVICESResolved, That there be granted to Her Majesty a sum not exceeding $787,075,000 to defray the expenses of the Ordinary Account


program allocations for the Department of Family and Community Services for the fiscal year ending the 31st of March, 2007:Planning and Corporate Services..................................................... 7,474,000Family and Community Social Services ......................................... 467,508,000Income Security ................................................................................... 236,006,000Housing Services ................................................................................. 72,599,000Program Development and Monitoring ......................................... 3,526,000 Less amounts authorized by law ................................................. 38,000Voted .................................................................................................... 787,075,000

LOANS AND ADVANCESDEPARTMENT OF FAMILY AND COMMUNITY SERVICESResolved, That there be granted to Her Majesty a sum not exceeding $5,905,000 to defray the expenses under Loans and Advances of the Department of Family and Community Services for the fiscal year ending the 31st of March, 2007:Housing ............................................................................................... 5,905,000

WORKING CAPITAL – MAXIMUM BALANCESWORKING CAPITAL ADVANCESFamily and Community Services ..................................................... 1,900,000

PETTY CASH ADVANCESFamily and Community Services ..................................................... 24,000

INVENTORIESFamily and Community Services ..................................................... 100,000




Thursday, June 15, 2006.1 o’clock p.m.

Prayers.The following Bills were introduced and read a first time:By Hon. Ms. Fowlie,

Bill 74, Energy and Utilities Board Act.Bill 82, Petroleum Products Pricing Act.


Hon. Mr. Mockler gave Notice of Motion 98 that on Wednesday, June 21, 2006, he would move the following resolution, seconded by Hon. Mr. Williams:WHEREAS UNESCO adopted, by an overwhelming majority, the Convention on the Protection and Promotion of the Diversity of Cultural Expressions at its 33rd General Conference on October 20, 2005;WHEREAS the convention recognizes cultural diversity as a common heritage of humanity;WHEREAS cultural diversity, flourishing within a framework of democracy, tolerance, social justice, and mutual respect between peoples and cultures, is indispensable for peace and security at the local, national, and international levels;WHEREAS the convention recognizes that cultural activities, goods, and services convey identities, values, and meanings and reaffirms the sovereign right of states to develop cultural policies;WHEREAS the convention is part of efforts to promote dialogue among cultures and international cooperation;WHEREAS the relationship of the convention to other treaties, in particular trade agreements, is based on the principles of mutual supportiveness, complementarity, and non-subordination;WHEREAS, despite the unrestrictive nature of the dispute settlement mechanism provided for by the convention, its adoption by UNESCO represents a major step forward in protecting and promoting the diversity of cultural expressions;WHEREAS, in order to enter into force, the convention must be ratified by a minimum of 30 states;WHEREAS members of the committee on culture adopted an order of initiative on the diversity of cultural expressions;


WHEREAS New Brunswick, the only officially bilingual province in Canada, recognizes the wealth of cultural diversity within the province;WHEREAS the New Brunswick government recognizes that cultural diversity is vital to the sustainable development of communities;WHEREAS New Brunswick parliamentarians, in their relations with foreign parliaments and various interparliamentary organizations, have participated in mobilization efforts aimed at promoting and protecting the diversity of cultural expressions,BE IT THEREFORE RESOLVED that the Legislative Assembly of New Brunswick adopt the Convention on the Protection and Promotion of the Diversity of Cultural Expressions.

Hon. Mr. Harrison, Government House Leader, announced that following second reading and the time reserved for Private Members’ Motions, it was the intention of government that the House resolve itself into a Committee of Supply to continue consideration of the estimates of Business New Brunswick.

The Order being read for second reading of Bill 79, Safe Schools Act, a debate arose thereon.And the debate being ended and the question being put that Bill 79, Safe Schools Act, be now read a second time, the motion was defeated.

The Order being read for second reading of Bill 80, An Act to Amend the Pension Benefits Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And the debate continuing, after some time, Hon. Mr. Mockler rose on a point of order and requested that Mr. Targett, the Member for York, withdraw the term “misled” with respect to the Premier’s actions. Mr. Deputy Speaker advised that he would review the transcript of the Hansard and report to the House, if necessary.And the debate continuing, after some time, Mr. Speaker resumed the chair.And the debate being ended and the question being put that Bill 80, An Act to Amend the Pension Benefits Act, be now read a second time, the motion was defeated.

It was agreed by unanimous consent to limit the time reserved for Private Members’ Motions to one hour and twenty-five minutes and


to limit to five minutes the mover’s reply in closing the debate on the motion.

Pursuant to Notice of Motion 91, Mr. Jamieson moved the following resolution, seconded by Mr. R. Boudreau:WHEREAS June 4-10, 2006 is recognized as National Environment Week; andWHEREAS the state of the environment will emerge as one of the most critical issues facing our society over the next decade; andWHEREAS this government’s 5 in 5 plan fails to clearly identify a commitment to the reduction of greenhouse gas emissions; andWHEREAS the burning of PCB’s is a known risk and danger to people’s health; andWHEREAS air quality, water protection and protection of our quality of life are the fundamental responsibilities of the Department of Environment;BE IT RESOLVED that the Legislative Assembly condemn the government’s failure to protect the environment.And the question being put, a debate ensued.And after some time, the debate being ended and the question being put, Motion 91 was defeated.

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



BUSINESS NEW BRUNSWICKResolved, That there be granted to Her Majesty a sum not exceeding $36,328,000 to defray the expenses of the Ordinary Account program allocations for Business New Brunswick for the fiscal year ending the 31st of March, 2007:Administration ..................................................................................... 2,863,000Business and Industry Development ............................................... 24,903,000Strategic Assistance .............................................................................. 8,600,000 Less amounts authorized by law .................................................. 38,000Voted .................................................................................................... 36,328,000

LOANS AND ADVANCESBUSINESS NEW BRUNSWICKResolved, That there be granted to Her Majesty a sum not exceeding $50,000 to defray the expenses under Loans and Advances for Business New Brunswick for the fiscal year ending the 31st of March, 2007:Economic Development Act, Agricultural Development Act and Fisheries Development Act ................................................................ 50,000

WORKING CAPITAL – MAXIMUM BALANCESPETTY CASH ADVANCESBusiness New Brunswick ................................................................... 1,000

INVENTORIESBusiness New Brunswick ................................................................... 5,000,000





Prayers.The Honourable the Premier delivered to Mr. Speaker a Message from His Honour the Lieutenant-Governor, and the said Message was read by Mr. Speaker, all the Members standing, and is as follows:

Fredericton, N.B.April 13, 2006.

Mr. Speaker and Members of the Legislative Assembly:I thank you for your Address and beg to assure you that I entertain the fullest confidence that in all your deliberations you will be guided by a most earnest desire to promote the happiness and prosperity of the people of this province.

(Sgd.:) Herménégilde Chiasson.Lieutenant-Governor.

Mr. Stiles from the Standing Committee on Estimates presented the First Report of the Committee for the session, which was read and is as follows:

June 16, 2006.To The HonourableThe Legislative Assembly ofThe Province of New BrunswickMr. Speaker:Your Standing Committee on Estimates begs leave to submit this their first report.Your Committee met in the Legislative Assembly Chamber on June 1, 5, 6, 7, 8, 12, 13, 14 and 15, 2006, to consider the estimates referred to it by resolution of the House.Your Committee wishes to report that all of the items referred to it were passed.And your Committee begs leave to make a further report.

(Sgd.:) Wally Stiles, Chairman.MLA for Petitcodiac.

Pursuant to Standing Rule 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.The full Report of the Committee as presented is as follows:


June 16, 2006.To The HonourableThe Legislative Assembly ofThe Province of New BrunswickMr. Speaker:Your Standing Committee on Estimates begs leave to submit this their first report.Your Committee met in the Legislative Assembly Chamber on June 1, 5, 6, 7, 8, 12 and 13, 14 and 15, 2006, to consider the estimates referred by resolution of the House.Your Committee wishes to report that all of the items referred to it were passed. The following are the items that were passed by the Committee:


Department of Environment ............................................................ 13,701,000Department of Tourism and Parks ................................................... 25,249,000Department of Natural Resources ................................................... 93,543,000Aboriginal Affairs Secretariat ........................................................... 926,000Department of Local Government .................................................. 110,327,000Advisory Council on the Status of Women .................................... 429,000Regional Development Corporation ............................................... 38,505,000Office of the Attorney General ......................................................... 13,607,000Department of Justice and Consumer Affairs ................................ 34,397,000Department of Agriculture, Fisheries and Aquaculture .............. 32,043,000Office of the Premier .......................................................................... 1,112,000Executive Council Office ................................................................... 7,106,000Premier’s Council on the Status of Disabled Persons ................... 266,000New Brunswick Advisory Council on Youth ................................. 204,000Department of Intergovernmental Affairs ..................................... 3,035,000Council of Atlantic Premiers ............................................................. 772,000Intergovernmental Conferences ...................................................... 25,000Members’ Allowances, Committees and Operations .................. 3,906,000Office of the Legislative Assembly ................................................... 3,143,000Office of the Auditor General .......................................................... 1,812,000Office of the Leaders and Members of Registered Political Parties 1,548,000Office of the Chief Electoral Officer ................................................ 1,002,000Office of the Ombudsman ................................................................. 727,000Office of the Supervisor of Political Financing .............................. 140,000Office of the Commissioner of Official Languages ...................... 512,000Office of the Consumer Advocate for Insurance .......................... 434,000Office of the Child and Youth Advocate ......................................... 461,000Department of Public Safety ............................................................. 102,532,000New Brunswick Police Commission ................................................ 173,000Department of Post-Secondary Education and Training ............. 238,686,000Labour and Employment Board ....................................................... 608,000


Maritime Provinces Higher Education Commission .................... 147,542,000Department of Wellness, Culture and Sport ................................. 16,041,000Immigration and Repatriation Secretariat ..................................... 1,640,000

CAPITAL ACCOUNTDepartment of Environment ............................................................. 400,000Department of Tourism and Parks ................................................... 1,200,000Department of Natural Resources ................................................... 1,615,000Department of Local Government ................................................... 930,000Regional Development Corporation ............................................... 16,900,000Department of Agriculture, Fisheries and Aquaculture .............. 400,000

LOANS AND ADVANCESDepartment of Agriculture, Fisheries and Aquaculture ............. 1,600,000Department of Post-Secondary Education and Training ............. 58,702,000

WORKING CAPITAL – MAXIMUM BALANCESWORKING CAPITAL ADVANCESDepartment of Environment ............................................................. 10,000Department of Tourism and Parks ................................................... 500,000Department of Local Government ................................................... 10,000Department of Justice and Consumer Affairs ................................ 150,000Department of Agriculture, Fisheries and Aquaculture ............. 1,100,000Department of Post-Secondary Education and Training (WHSCC) ................ 1,065,000

PETTY CASH ADVANCESDepartment of Environment ............................................................ 10,000Department of Tourism and Parks ................................................... 25,000Department of Natural Resources ................................................... 30,000Department of Local Government ................................................... 10,000Department of Justice and Consumer Affairs ................................ 30,000Department of Agriculture, Fisheries and Aquaculture .............. 25,000Department of Public Safety ............................................................. 25,000Department of Post-Secondary Education and Training ............. 20,000

INVENTORIESDepartment of Tourism and Parks .................................................. 150,000Department of Natural Resources ................................................... 510,000Department of Agriculture, Fisheries and Aquaculture .............. 1,000,000Department of Post-Secondary Education and Training ............. 1,250,000

SUPPLEMENTARY ESTIMATES 2005-2006 VOLUME IORDINARY ACCOUNT

Department of Business New Brunswick ....................................... 5,000,000Department of Education ................................................................. 4,000,000Aboriginal Affairs Secretariat .......................................................... 125,000Department of Health and Wellness .............................................. 18,460,000Department of Justice ......................................................................... 1,600,000Legislative Assembly .......................................................................... 940,000Department of Natural Resources ................................................... 1,500,000


Energy Efficiency and Conservation Agency of New Brunswick.................................. 877,000Department of Public Safety ............................................................. 5,465,000Department of Tourism and Parks ................................................... 175,000

LOANS AND ADVANCESEnergy Efficiency and Conservation Agency of New Brunswick.................................. 1,000,000

CAPITAL ACCOUNTDepartment of Tourism and Parks ................................................... 786,000

SUPPLEMENT AND AMENDMENT TO SUPPLEMENTARY ESTIMATES 2005-2006 VOLUME I

ORDINARY ACCOUNTDepartment of Business New Brunswick ....................................... (5,000,000)Department of Education ................................................................. 4,300,000Aboriginal Affairs Secretariat .......................................................... (125,000)Department of Health and Wellness .............................................. (3,460,000)Department of Justice ......................................................................... (1,600,000)Legislative Assembly .......................................................................... (940,000)Energy Efficiency and Conservation Agency of New Brunswick (877,000)

LOANS AND ADVANCESEnergy Efficiency and Conservation Agency of New Brunswick.................................. (1,000,000)

SUPPLEMENTARY ESTIMATES 2004-2005 VOLUME IIIORDINARY ACCOUNT

Department of Business New Brunswick ...............................................260,594.27Legislated Pension Plans, Benefit Accruals and Subsidies ............... 2,720,237.52Provision for Losses ...................................................................................696,864.07Department of Justice ................................................................................ 170,680.41Maritime Provinces Higher Education Commission ............................ 209,793.00Department of Supply and Services ..................................................... 1,388,674.04Department of Tourism and Parks ........................................................... 499,570.44Department of Training and Employment Development ...................593,584.22

CAPITAL ACCOUNTDepartment of Education ............................................................................ 49,906.00Department of Supply and Services ..................................................... 1,547,896.40Department of Transportation ..................................................................170,424.60

And your Committee asks leave to make a further report. (Sgd.:) Wally Stiles, Chairman.

MLA for Petitcodiac.

It was agreed by unanimous consent to vary the hours of sitting, to adjourn following fifteen minutes spent in Oral Questions, and to


resume at 1.30 o’clock p.m., when the Oral Questions period would continue an additional fifteen minutes.

11.17 o’clock a.m.

Mr. Speaker left the chair to resume again at 1.30 o’clock p.m.1.30 o’clock p.m.


The following Bills were introduced and read a first time.By Hon. Mr. Volpé,

Bill 83, Supplementary Appropriations Act 2004-2005 (3).Bill 84, Supplementary Appropriations Act 2005-2006 (1).


Mr. Lamrock gave Notice of Motion 99, that on Thursday, June 22, 2006, he would move the following resolution, seconded by Mr. Doherty:WHEREAS many New Brunswickers work full-time hours but can’t make ends meet; andWHEREAS too many New Brunswick families live in poverty but do not qualify for income support or training programs; andWHEREAS the value of work should be rewarded in our social safety net;BE IT RESOLVED THAT the Legislative Assembly urge the government to undertake reform of social assistance, training, tax credit, education and child care programs to give more help to working New Brunswick families living in poverty.

With leave of the House to dispense with notice, Hon. Mr. Harrison moved, seconded by Hon. P. Robichaud: (Motion 100)THAT the proceedings of the Standing Committee on Estimates held in the Legislative Assembly Chamber on June 1, 5, 6, 7, 8 12, 13, 14, and 15, 2006, to consider the estimates referred by resolution of the House adopted June 1, 2006, be included in the Journal of Debates for the Third Session of the Fifty-fifth Legislature of the Province of New Brunswick.And the question being put, the motion was carried.

Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resolve itself into


a Committee of Supply to take into consideration the estimates of the Department of Transportation, and with unanimous consent, the House would then proceed to second reading, Committee of the Whole and third reading.

It was agreed by unanimous consent to vary the Orders of the day, and to defer second reading of Bills 81 and 82 until the consideration of the estimates of the Department of Transportation in the Committee of Supply.

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


DEPARTMENT OF TRANSPORTATIONResolved, That there be granted to Her Majesty a sum not exceeding $147,776,000 to defray the expenses of the Ordinary Account program allocations for the Department of Transportation for the fiscal year ending the 31st of March, 2007:Administration .................................................................................. 21,284,000Policy, Strategic Development and Intergovernmental Relations ....................................................... 3,109,000Maintenance .................................................................................. 54,811,000Winter Maintenance ........................................................................... 51,552,000Bridge and Highway Construction .................................................. 4,708,000New Brunswick Highway Corporation .......................................... 23,116,000 Less amounts authorized by law ................................................. 10,804,000Voted ................................................................................................... 147,776,000

WORKING CAPITAL – MAXIMUM BALANCESPETTY CASH ADVANCESTransportation ..................................................................................... 50,000Other (small departments) ................................................................ 40,000

INVENTORIESTransportation ..................................................................................... 19,000,000



The Order being read for second reading of Bill 81, Energy and Utilities Board Act, a debate arose thereon.And after some further time, the debate being ended, and the question being put that Bill 81, Energy and Utilities Board Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 81, Energy and Utilities Board Act, was read a second time and ordered referred to the Committee of the Whole House.

The Order being read for second reading of Bill 82, Petroleum Products Pricing Act, a debate arose thereon.And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Betts, the Deputy Speaker, took the chair as Acting Speaker.And after some further time, Mr. Speaker resumed the chair.And the debate being ended, and the question being put that Bill 82, Petroleum Products Pricing Act, be now read a second time, it was resolved in the affirmative.Accordingly, Bill 82, Petroleum Products Pricing Act, was read a second time and ordered referred to the Committee of the Whole House.

It was agreed by unanimous consent to revert to the Order of Introduction of Bills.

The following Bill was introduced and read a first time.By Hon. Mr. Volpé,

Bill 85, Appropriations Act 2006-2007.


It was agreed by unanimous consent that Bills 83, 84 and 85 be read a second time forthwith.

Accordingly, the following Bills were read a second time and ordered referred to the Committee of the Whole House:Bill 83, Supplementary Appropriations Act 2004-2005 (3).Bill 84, Supplementary Appropriations Act 2005-2006 (1).Bill 85, Appropriations Act 2006-2007.

The House resolved itself into a Committee of the Whole with Mr. C. LeBlanc in the chair.


And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Reports, reported:That the Committee had directed him to report the following Bill as agreed to:Bill 75, Special Appropriation Act 2006.

And the Committee asked leave to make a further report.Pursuant to Standing Role 78.1, Mr. Speaker put the question on the motion deemed to be before the House, that the report be concurred in, and it was resolved in the affirmative.

With leave of the House to dispense with notice, Hon. Mr. Harrison moved, seconded by Hon. P. Robichaud: (Motion 101)THAT, pursuant to Standing Rule 77, the Order for referral of Bills 76, 83, 84, and 85 to the Committee of the Whole House be discharged and that with the unanimous consent of the House said Bills, together with Bill 75, be ordered for third reading forthwith.And the question being put, the motion was carried.

The following Bills were read a third time: Bill 75, Special Appropriation Act 2006.Bill 76, Loan Act 2006.Bill 83, Supplementary Appropriations Act 2004-2005 (3).Bill 84, Supplementary Appropriations Act 2005-2006 (1).Bill 85, Appropriations Act 2006-2007.


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

The House resolved itself into a Committee of the Whole with Mr. C. LeBlanc in the chair.And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to the Order of Presentations of Committee Reports, reported:That the Committee had directed him to report the following Bill as agreed to:Bill 77, An Act to Amend the New Brunswick Income Tax Act.

And the Committee asked leave to make a further report.


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

It was agreed by unanimous consent that Bill 77 be ordered for third reading forthwith.

Accordingly, the following Bill was read a third time and passed:Bill 77, An Act to Amend the New Brunswick Income Tax Act.




Prayers.Mr. S. Graham offered condolences to the family of the late Walter Ray Craigs, a long-time employee of the New Brunswick Legislative Assembly, and World War II veteran, who died Friday, June 16, 2006. Born in Edinburgh, Scotland, he was known to everyone as “Wally”, and for several decades he kept the sound systems and audio boxes working in the legislature.Mr. Speaker and Hon. Mr. Harrison joined with Mr. S. Graham in this regard.

The Honourable the Premier laid upon the table of the House the following document:Improving the Way Government Works: Government Response to the Final Report of the Commission on Legislative Democracy.

Mr. Lamrock gave Notice of Motion 102 that on Tuesday, June 27, 2006, he would move the following resolution, seconded by Mr. Burke:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all contracts, agreements and memoranda of understanding, correspondence, including minutes of meetings, letters, e-mails, briefing notes, handwritten notes, reports, analysis and research between N.B. Power Corporation and Carbones del Cerrejon, the Cerrejon Mine and/or the El Cerrejone Zona Norte coal project.

Mr. Arseneault gave Notice of Motion 103 that on Tuesday, June 27, 2006, he would move the following resolution, seconded by Mr. Haché:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House the report which identifies the results and recommendations concerning the electric fence pilot project that was undertaken following the increase in moose collisions in the area of Belledune.

Hon. Mr. Harrison, Government House Leader, announced that following Private Members’ Motions, it was the intention of government to debate Motion 98, following which the House would resolve itself into a Committee of the Whole to take into consideration Bills 4, 2, 53, 5, 22, 43, and 17.


With the unanimous consent of the House, it was agreed to limit the time reserved for Private Members’ Motions to 30 minutes, and to limit the time allowed for each Member to speak on the motion to five minutes.

Mr. Speaker delivered the following ruling:STATEMENT

Honourable Members,On Wednesday, June 7, 2006, I reserved my decision on two allegations of breaches of privilege or contempt raised by the Member for Saint John-Kings.In her submission, the Honourable Member claimed that she found the actions of the Member for Moncton North intimidating when he said “I have indicated that I will sue her. The lawsuit is drafted. It will be served upon her, and she can spend the many, many thousands of dollars defending this, or she can apologize today”. The Member for Saint John-Kings stated that the actions of the Member for Moncton North constitute a contempt of this House by attempting to deprive her from fully exercising her freedom of speech. The Honourable Member further claimed that the subsequent service of a notice of action and statement of claim by a staff member of the Official Opposition within the legislative precincts amounted to a contempt. The Member concluded her remarks by tendering the required motions calling on the Assembly to refer the matters raised to the Standing Committee on Privileges.I would like to thank all honourable members who spoke on this matter. I have reviewed and considered the information provided and I am now ready to give my ruling.When a claim of privilege is raised by a Member, it is the duty of the Speaker to decide whether there is a prima facie case that a breach of privilege has been committed - the Speaker only decides whether on the face of it, the privileges of Members seem to be sufficiently involved to warrant the setting aside of all business of the House to debate the matter.The essence of privilege is the ability of Members to fulfill their responsibilities. Among the privileges extended to Members individually is freedom of speech. Threatening a Member of the Assembly for comments made in the House although related to the privilege of freedom of speech, is more properly classified as a contempt of the Assembly.


Contempts are offences against the authority or dignity of the House. Generally speaking, any act or omission which obstructs or impedes any Member in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results, may be treated as a contempt.In support of her submission, the Member for Saint John-Kings cited from May’s 23rd Edition at page 146 where it states:

To attempt to intimidate a Member in his parliamentary conduct by threats is also a contempt ... Actions of this character which have been proceeded against include impugning the conduct of Members and threatening them with further exposure if they took part in debates ...

The Member also cited the following passage from Maingot’s Parliamentary Privilege in Canada, Second Edition, where it states at page 230:

Members are entitled to go about their parliamentary business undisturbed. The assaulting, menacing, or insulting of any Member on the floor of the House or while he is coming or going to or from the House, or on account of his behavior during a proceeding in Parliament, is a violation of the rights of Parliament... Any form of intimidation ... of a person for or on account of his behavior during a proceeding of Parliament could amount to a contempt.

Did the threat of a lawsuit in the circumstances of this case constitute a contempt by attempting to intimidate the Member and preventing her from fully exercising her freedom of speech? The parliamentary authorities and precedents are clear. The taking of an action against a Member for what is said in the House or in a Committee is technically a breach of the privilege of freedom of speech because it is declared in article 9 of the Bill of Rights that “freedom of speech and debates ... ought not to be questioned in any court out of Parliament”. Further, threatening a Member with legal action or with the possibility of a trial at some future time for comments made in the House have been considered contempts.In the matter before me, however, it is important to make a clear distinction between remarks that were made in the House and those that may have been made outside the House. In his First Edition, Maingot states at page 96:


While it is clear that the member is afforded absolute privilege in law for acts done and words said during a parliamentary proceeding, he speaks outside the House at his peril without the protection of parliamentary privilege. In these circumstances, however, he is afforded the protection of the common law like anyone else to the extent that it would apply.

As I understand the facts, according to media reports of June 7, 2006, and the statements in the House by the Member for Moncton North, the Member for Saint John-Kings repeated to the media the assertions made in her Member’s Statement of June 6, 2006. The Member for Moncton North indicated that he would sue the Member for Saint John-Kings unless she apologized for the remarks he claimed impugned his reputation. It appears from the Hansard that the Member for Moncton North was referring to the statements made outside the Chamber.In a 1978 case in the House of Commons that is directly on point, a Member’s claim of privilege was unsuccessful when he complained in the House that he was sued for remarks made on a radio talk show when he repeated the substance of remarks he had made earlier during a parliamentary proceeding.In the matter before me, I conclude that the Member for Moncton North threatened the lawsuit for remarks made to the media by the Member for Saint John-Kings when she repeated in substance the remarks made earlier while engaged in a parliamentary proceeding. The Member for Saint John-Kings does not have a valid claim of privilege because at the time she spoke to the media, she was not engaged in a proceeding in Parliament.However, I find that it was inappropriate for the Member for Moncton North to use his right to speak on the floor of this House as an avenue to threaten a fellow Member with a lawsuit.It is my view that such an action may be seen as intimidating, heavy-handed, and may have the effect of diminishing the dignity of this House in the eyes of the public.While I acknowledge that the Member for Saint John-Kings is concerned and feels aggrieved by actions which she considers breached her privileges as Member and which she may have perceived as intimidating, a prima facie case of breach of privilege or contempt has not been made in this instance.I now turn to the second question of privilege raised by the Member for Saint John-Kings.


The Honourable Member claims that she was served with a notice of action and statement of claim within the legislative precincts by a staff of the Official Opposition on behalf of the Member for Moncton North.In support of her submission that a civil process cannot be served on a Member in the legislative precincts while the House is sitting, the Honourable Member referred to the following passage from May’s 23rd Edition at p. 142:

...serving or executing civil or criminal process within the precincts of either House while the House is sitting without obtaining the leave of the House is a contempt ....

There is a long-standing tradition that process cannot be served in the legislative precincts without the permission of the Speaker. A Member is immune from service within the precincts of the House by virtue of a privilege enjoyed by the House in its corporate capacity on the ground that the service, or attempted service, of process in the precincts of the House is a violation of the dignity of, and an insult to, Parliament and an abuse of the privilege of admission to the precincts extended to persons outside the House.In the situation at hand, there appears to be some question as to whether service was intended or effected. With respect to the matter of service, it is my understanding that the Member for Saint John-Kings was delivered a copy of a Notice of Action, with a Statement of Claim attached, on the morning of June 7th by a staff member of the Official Opposition. During submissions on this second question of privilege, both the Opposition House Leader and the Member for Fundy Isles argued that service had not been effected and that the Member was simply provided with a copy of the notice of action and statement of claim as notice of commencement of proceedings. However, the fact remains that the Member for Saint John-Kings believed she had been served.In deciding the matter before me, I am guided by a 1989 ruling of the House of Commons which dealt with the service of a subpoena on a Member in his parliamentary office.Speaker Fraser states at page 1952 of Commons Debates:

First, I feel that the service of the subpoena within the precincts of the House of Commons was improper without the permission of the Speaker.Second, I would warn and caution those who attempt to further improper service of subpoenae, that they may be acting in a


manner that is in contempt of the House... Members will note that a Committee of the British House found it a contempt of Parliament to do something that has the object “—of furthering legal proceedings—” which are improper ab initio.

Therefore I find that the delivery of a Notice of Action with Statement of Claim attached on the Member for Saint John-Kings in the precincts of the House while the House was in session was improper and caused the Member for Saint John-Kings unnecessary anguish. Similarly, as this is a first time occurrence, I would warn and caution those who attempt to further improper service, that they may be acting in a manner that is in contempt of the House. I would appeal to my colleagues, should this occur in the future, to refuse to accept any legal process within the precincts and to report to the Speaker should an attempt be made.

Pursuant to Notice of Motion 83, Mr. Huntjens moved the following resolution, seconded by Mr. C. LeBlanc:WHEREAS a significant portion of New Brunswickers have benefited from rural mail delivery for decades; andWHEREAS the government of New Brunswick is committed to supporting the rural lifestyle that is a fundamental element of our province; andWHEREAS it is unrealistic and unfair to expect New Brunswick’s rural residents to drive long distances to pick up their mail; andWHEREAS Canada Post conducted no public consultation regarding its decision to cancel rural mail delivery; andWHEREAS Canada Post continues to post record profits while increasing prices and reducing services to its customers;BE IT RESOLVED that the Legislative Assembly of New Brunswick call upon Canada Post to continue providing rural mail delivery in New Brunswick.And the question being put, a debate ensued.And after some time, Mr. Lamrock moved in amendment, seconded by Mr. McGinley:

AMENDMENTThat Motion 83 be amended by adding the following:

BE IT FURTHER RESOLVED THAT this Legislative Assembly, while recognizing that the provision of mail services is a federal responsibility, ask the Ministers of Transportation and Public Safety


to reconsider their stance and meet with representatives of Canada Post to see if there are steps that can be taken provincially to restore home mail delivery to some rural areas.

And the question being put, a debate ensued.And the debate being ended, and the question being put, the amendment was negatived on the following recorded division:

YEAS - 25Mr. McGinley Mr. Albert Mr. ArseneaultMr. Jamieson Mr. Ouellette Mr. KennedyMr. MacIntyre Ms. Robichaud Mr. A. LeBlancMr. Allaby Mr. Lamrock Mr. PaulinMr. S. Graham Mr. Targett Mr. DoucetMr. Haché Mr. Burke Mr. R. BoudreauMr. Armstrong Mr. Murphy Mr. BrewerMr. Landry Mr. Kenny Mr. V. BoudreauMr. Doherty

NAYS - 27Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. C. LeBlancHon. Mr. Mockler Hon. Mr. Holder Mr. BettsAnd the debate being ended, and the question being put, Motion 83 was resolved in the affirmative.

With leave of the House to dispense with notice, Hon. Mr. Mockler moved the following resolution, seconded by Hon. Mr. Williams, which motion was agreed by unanimous consent to have been deemed read into the record in its entirety: (Motion 98)WHEREAS UNESCO adopted, by an overwhelming majority, the Convention on the Protection and Promotion of the Diversity of Cultural Expressions at its 33rd General Conference on October 20, 2005;WHEREAS the convention recognizes cultural diversity as a common heritage of humanity;WHEREAS cultural diversity, flourishing within a framework of democracy, tolerance, social justice, and mutual respect between


peoples and cultures, is indispensable for peace and security at the local, national, and international levels;WHEREAS the convention recognizes that cultural activities, goods, and services convey identities, values, and meanings and reaffirms the sovereign right of states to develop cultural policies;WHEREAS the convention is part of efforts to promote dialogue among cultures and international cooperation;WHEREAS the relationship of the convention to other treaties, in particular trade agreements, is based on the principles of mutual supportiveness, complementarity, and nonsubordination;WHEREAS, despite the unrestrictive nature of the dispute settlement mechanism provided for by the convention, its adoption by UNESCO represents a major step forward in protecting and promoting the diversity of cultural expressions;WHEREAS, in order to enter into force, the convention must be ratified by a minimum of 30 states;WHEREAS members of the committee on culture adopted an order of initiative on the diversity of cultural expressions;WHEREAS New Brunswick, the only officially bilingual province in Canada, recognizes the wealth of cultural diversity within the province;WHEREAS the New Brunswick government recognizes that cultural diversity is vital to the sustainable development of communities;WHEREAS New Brunswick parliamentarians, in their relations with foreign parliaments and various interparliamentary organizations, have participated in mobilization efforts aimed at promoting and protecting the diversity of cultural expressions,BE IT THEREFORE RESOLVED that the Legislative Assembly of New Brunswick adopt the Convention on the Protection and Promotion of the Diversity of Cultural Expressions.And the question being put, a debate ensued.And the debate being ended and the question being put, Motion 98 was resolved in the affirmative.

The House resolved itself into a Committee of the Whole with Mr. C. LeBlanc in the chair.At 5.30 o’clock p.m., the Chairman declared a recess and left the chair to resume again upon the ringing of the bells.


5.45 o’clock p.m.

The Committee resumed with Mr. C. LeBlanc in the chair.And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported:That the Committee had directed him to report the following Bills as agreed to:Bill 2, Fiscal Responsibility and Balanced Budget Act.Bill 4, Tuition Tax Cash Back Credit Act.Bill 5, Tobacco Damages and Health Care Costs Recovery Act.Bill 10, An Act to Amend the Crown Lands and Forests Act.Bill 11, An Act to Amend the Crown Lands and Forest Act.Bill 15, An Act to Amend the Clean Environment Act.Bill 22, An Act to Amend the Kings Landing Corporation Act.Bill 43, An Act to Amend the Time Definition Act.Bill 53, An Act to Amend the Child and Youth Advocate Act.

And that the Committee had directed him to report the following Bill agreed to as amended:Bill 17, An Act to Amend the Land Titles Act.Bill 73, Seafood Processing Act.

And the Committee asked leave to make a further report.Pursuant to Standing Rule 78.1, Mr. Speaker then put the question on the motion deemed to be before the House, that the report be concurred in, and it resolved in the affirmative.




Prayers.Mr. Allaby from the Standing Committee on Public Accounts presented the First Report of the Committee which was read and is as follows:

June 21, 2006.To The HonourableThe Legislative Assembly ofThe Province of New BrunswickMr. Speaker:Your Standing Committee on Public Accounts begs leave to submit this, their First Report.The report outlines the activities of the Committee during the Second Session of the Fifty-fifth Legislative Assembly and during the Third Session to date.Your Committee wishes to thank the many government officials who appeared during the public sessions and wishes to acknowledge their cooperation in providing follow-up information. And your Committee begs leave to make a further report.

Eric Allaby, Chairman.MLA for Fundy Isles.

Ordered that the report be received, that leave be granted, and the Committee continued.The full report of the Committee as presented is as follows:

June 21, 2006.To The HonourableThe Legislative Assembly ofThe Province of New BrunswickMr. Speaker:Your Standing Committee on Public Accounts begs leave to submit this, their First Report.The report outlines the activities of the Committee during the Second Session of the Fifty-fifth Legislative Assembly and during the Third Session to date.


Review of 2003-2004 Fiscal YearThe Committee commenced its review of the 2003-2004 fiscal year on February 3, 2005. The Committee met with the Auditor General, Daryl Wilson, to review the Report of the Auditor General of New Brunswick, 2004, Volumes 1 and 2. The Committee also met with officials of the Office of the Comptroller. The Comptroller, Michael Ferguson, answered questions with respect to the Public Accounts and Financial Statements of the Province for the fiscal year ended the 31st day of March 2004.The Committee met in the Legislative Assembly Chamber on February 8, 9, 10, 11, 15, 16, 17, 18, 23, 24 and 25, 2005 to review the activities and financial statements of the various government departments for the year ending March 31, 2004. Officials of the following departments and offices of government appeared before the Committee:February 8, 2005Department of Finance (including Service of the Public Debt) - John Mallory, Deputy Minister Office of Human Resources- Laura Freeman, Deputy MinisterFebruary 9, 2005Department of Business New Brunswick- Maurice J. Bernier, Deputy Minister Department of Agriculture, Fisheries and Aquaculture- Byron James, Deputy MinisterFebruary 10, 2005Department of Public Safety - Louise Lemon, Deputy Minister Department of Natural Resources- W. David Ferguson, Deputy MinisterFebruary 11, 2005Department of Tourism and Parks - Brian Alexander, Deputy Minister February 15, 2005Department of Health and Wellness - Nora Kelly, Deputy Minister February 16, 2005Department of Justice- Yassin Choukri, Deputy Minister


Department of Transportation- David Johnstone, Deputy Minister February 17, 2005Department of Training and Employment Development- Rachel Bard, Deputy MinisterDepartment of Supply and Services- G. Stephenson Wheatley, Deputy MinisterFebruary 18, 2005Department of Education- Roger Doucet, Deputy Minister- John Kershaw, Deputy MinisterFebruary 23, 2005Department of Energy- Bill Thompson, Deputy MinisterMaritime Provinces Higher Education Committee- Mireille Duguay, Chief Executive OfficerFebruary 24, 2005Department of Education (continued from February 18, 2005)- Roger Doucet, Deputy Minister- John Kershaw, Deputy MinisterDepartment of Intergovernmental and International Relations- Jim McKay, Deputy MinisterFebruary 25, 2005Department of Family and Community Services- Don Ferguson, Deputy MinisterOn August 10, 2005, the Committee met in a joint session with the Standing Committee on Crown Corporations to receive and review the Report of the Auditor General of New Brunswick Volume I, 2005. The Auditor General, Daryl Wilson, briefed Members on the nature of the work undertaken during the year and on the contents and findings of the Report.On behalf of all Members, the Committee Chairs thanked the Auditor General, Mr. Wilson, for his many years of dedicated service to the Legislative Assembly and the Province of New Brunswick.The Committee met on September 20, 21 and 22, 2005, to continue its consideration of departmental reports for the year ending March 31, 2004. Officials of the following departments and offices of government appeared before the Committee:


September 20, 2005Office of the Premier (including Communications New Brunswick)- Rodney Weston, Chief of StaffLegislative Assembly of New Brunswick- Loredana Catalli Sonier, Clerk of the Legislative AssemblySeptember 21, 2005Labour and Employment Board- George Filliter, ChairpersonAboriginal Affairs Secretariat- Patrick Francis, Deputy MinisterCulture and Sport Secretariat- Sylvie Levesque-Finn, Executive DirectorNew Brunswick Advisory Council on Seniors- Sister Anne Robichaud, ChairpersonSeptember 22, 2005New Brunswick Advisory Council on the Status of Women- Rosella Melanson, Executive DirectorPremier’s Council on the Status of Disabled Persons- Randy Dickinson, Executive DirectorMeeting with CCAFOn November 22, 2005, in a joint meeting with the Standing Committee on Crown Corporations, the Committee met with representatives from CCAF-FCVI Inc., a foundation specializing in public sector governance, management and accountability. Topics of discussion included exercising leadership; relationships between legislators, legislative auditors, and senior government managers; achieving and demonstrating results; best practices in a jurisdiction; and committee self assessment.On January 10, 2006, the Committee met in a joint session with the Standing Committee on Crown Corporations to receive and review the Report of the Auditor General of New Brunswick Volume 2, 2005. The Auditor General, Michael Ferguson, briefed Members on the nature of the work undertaken during the year and on the contents and findings of the Report.Election of ChairOn February 7, 2006, the Committee was informed of the resignation of Mr. Branch as Chair of the Committee.On motion of Mr. Murphy, seconded by Mr. C. LeBlanc, Mr. Allaby was elected Chair of the Committee.


Review of 2004-2005 Fiscal YearThe Committee met on February 7, 8, 9, 10, 15, 21, 22, 23 and March 15, 16, 17, 22, 23 and 24, 2006 to review the activities and financial statements of the various government departments for the year ending March 31, 2005. Officials of the following departments and offices appeared before the Committee:February 7, 2006Office of the Auditor General- Michael Ferguson, Auditor GeneralOffice of the Comptroller- Stephen Thompson, ComptrollerDepartment of Supply and Services- G. Stephenson Wheatley, Deputy MinisterFebruary 8, 2006Department of Natural Resources- W. David Ferguson, Deputy MinisterDepartment of Agriculture, Fisheries and Aquaculture- Byron James, Deputy MinisterFebruary 9, 2006Department of Health and Wellness- Nora Kelly, Deputy Minister February 10, 2006Department of Tourism and Parks- Brian Alexander, Deputy MinisterDepartment of Intergovernmental and International Relations- Jim McKay, Deputy MinisterFebruary 15, 2006Department of Training and Employment Development- Rachel Bard, Deputy Minister February 21, 2006Department Education- Roger Doucet, Deputy Minister - John Kershaw, Deputy MinisterFebruary 22, 2006Department of Business New Brunswick- Eloi Duguay, Deputy Minister Office of Human Resources- Laura Freeman, Deputy Minister


February 23, 2006Department of Energy- Bill Thompson, Deputy MinisterMarch 15, 2006Department of Justice- Yassin Choukri, Deputy MinisterDepartment of Family and Community Services- Don Ferguson, Deputy MinisterMarch 16, 2006Department of Transportation- David Johnstone, Deputy MinisterDepartment of Public Safety- Louise Lemon, Deputy MinisterMarch 17, 2006Department of Environment and Local Government (2003-04 & 2004-05)- Hermel Vienneau, Deputy MinisterMarch 22, 2006Executive Council Office (2003-04 & 2004-05)- Maurice Bernier, Clerk of the Executive Council and Secretary to CabinetMaritime Provinces Higher Education Commission- Léandre Desjardins, Chief Executive OfficerNew Brunswick Advisory Council on Youth (2003-04 & 2004-05)- Melissa Cameron, ChairpersonMarch 23, 2006Labour and Employment Board- George Filliter, ChairpersonAboriginal Affairs Secretariat- Patrick Francis, Deputy MinisterDepartment of Justice (continued from March 15, 2006)- Yassin Choukri, Deputy MinisterNew Brunswick Advisory Council on Seniors- Sister Anne Robichaud, ChairpersonMarch 24, 2006Department of Family and Community Services (continued from March 15, 2006)- Don Ferguson, Deputy MinisterNew Brunswick Advisory Council on the Status of Women- Ginette Petitpas-Taylor, Chairperson


Your Committee wishes to thank the many government officials who appeared during the public sessions and wishes to acknowledge their cooperation in providing follow-up information.And your Committee begs leave to make a further report.

Eric Allaby, Chairman.MLA for Fundy Isles

Mr. Ouellette gave Notice of Motion 104 that on Tuesday, June 27, 2006, he would move the following resolution, seconded by Mr. Allaby:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including minutes of meetings, letters, e-mails, memoranda, briefing notes, handwritten notes, reports, analysis and research from the Departments of Local Government and Finance pertaining to the procedure in which the federal/provincial gas tax rebate will be distributed to unincorporated areas in the province of New Brunswick, including a complete list of any and all projects that have received funding to date.

Mr. R. Boudreau gave Notice of Motion 105 that on Tuesday, June 27, 2006, he would move the following resolution, seconded by Mr. Paulin:That an address be presented to His Honour the Lieutenant-Governor praying that he cause to be laid upon the table of the House all correspondence, including e-mails, memoranda, briefing notes, reports, analysis, financial statements and general operating costs, pertaining to the Jardin botanique du N.-B. of Saint-Jacques, New Brunswick.

Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that following third reading, the House would resolve itself into a Committee of the Whole to take into consideration several Bills, followed by third reading of those several Bills.

The following Bills were read a third time:Bill 2, Fiscal Responsibility and Balanced Budget Act.Bill 4, Tuition Tax Cash Back Credit Act.Bill 5, Tobacco Damages and Health Care Costs Recovery Act.Bill 10, An Act to Amend the Crown Lands and Forests Act.Bill 11, An Act to Amend the Crown Lands and Forests Act.


Bill 15, An Act to Amend the Clean Environment Act.Bill 17, An Act to Amend the Land Titles Act.Bill 22, An Act to Amend the Kings Landing Corporation Act.Bill 43, An Act to Amend the Time Definition Act.Bill 53, An Act to Amend the Child and Youth Advocate Act.Bill 73, Seafood Processing Act.


The House resolved itself into a Committee of the Whole with Mr. C. LeBlanc in the chair.At 12.30 o’clock p.m., the Chairman left the chair to resume again at 2 o’clock p.m.

2 o’clock p.m.

The Committee resumed with Mr. C. LeBlanc in the chair.And after some time, during consideration of Bill 82, Petroleum Products Pricing Act, Mr. Allaby moved in amendment:

AMENDMENTAmend said Bill as follows:by adding the following after section 14:14.1(1) The Board shall, on a monthly basis, file with the Legislative Assembly, a detailed comparison of the New Brunswick average regulated retail price, not including transportation costs, and the Canadian average non-regulated retail price, not including transportation costs, as prescribed by regulation.14.1(2) The Board shall, on a bi-monthly basis, file with the Legislative Assembly, a detailed comparison of the New Brunswick average regulated wholesale margin and the Canadian average non-regulated wholesale margin as prescribed by regulation.14.1(3) The Lieutenant-Governor in Council may make regulations

(a) prescribing the methodology in calculating the New Brunswick average regulated retail price, not including transportation costs, and the Canadian average non-regulated retail price, not including transportation costs, under subsection (1); and(b) prescribing the methodology in calculating the New Brunswick average regulated wholesale margin and the Canadian average non-regulated wholesale margin under subsection (2).


And the question being put, a debate ensued.And the debate being ended and the question being put, the Committee divided as follows:

YEAS - 26Mr. McGinley Mr. Albert Mr. ForanMr. Jamieson Mr. Ouellette Mr. KennedyMr. MacIntyre Ms. C. Robichaud Mr. A. LeBlancMr. Allaby Mr. Lamrock Mr. PaulinMr. S. Graham Mr. Targett Mr. DoucetMr. Armstrong Mr. Burke Mr. R. BoudreauMr. Landry Mr. Murphy Mr. BrewerMr. Branch Mr. Kenny Mr. V. BourdreauMr. Doherty Mr. Arseneault

NAYS - 26Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Hon. Mr. FitchHon. Ms. Poirier Hon. Mr. Steeves Mr. HuntjensHon. Ms. Dubé Hon. Mr. Williams Mr. StilesHon. Mr. Volpé Hon. Mr. Ashfield Mr. SherwoodHon. Mr. Lord Hon. Mr. MacDonald Mr. MesheauHon. Mr. Harrison Hon. Mr. Carr Ms. BlaneyHon. Mr. Green Hon. P. Robichaud Mr. E. RobichaudHon. D. Graham Hon. Mr. Alward Mr. BettsHon. Mr. Mockler Hon. Mr. HolderThere being an equality of votes upon a division in the Committee, pursuant to Standing Rule 81, Mr. C. LeBlanc, the Chairman, cast his deciding vote in the negative and the amendment was defeated.And after some time, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported:That the Committee had directed him to report the following Bills as agreed to:Bill 18, An Act to Amend An Act to Amend the Motor Vehicle Act.Bill 20, An Act to Amend the Provincial Loans Act.Bill 51, An Act to Amend the Human Tissue Gift Act.Bill 54, An Act to Amend the Motor Vehicle Act.Bill 74, An Act to Amend the Emergency 911 Act.

And that the Committee had directed him to report the following Bills agreed to as amended:Bill 71, Agricultural Producers Registration and Farm Organizations

Funding Act.


Bill 82, Petroleum Products Pricing Act.


With leave of the House to dispense with notice, Hon. Mr. Harrison moved, seconded by Hon. P. Robichaud: (Motion 106)THAT, notwithstanding the Special Order of the House adopted June 2, 2006, when the Assembly adjourns at the end of this sitting day, it shall stand adjourned until Thursday, June 22, 2006, at 9 o’clock a.m., at which time the House shall continue to meet to transact its business until 4 p.m.When the Assembly adjourns on June 22, 2006, it shall stand adjourned until Wednesday, October 18, 2006.And the question being put, it was resolved in the affirmative.

With leave of the House to dispense with notice, Hon. Mr. Harrison moved, seconded by Hon. P. Robichaud: (Motion 107)THAT Standing Rule 104(1) be suspended for the balance of the Fifty-fifth Legislature and that the membership of the Legislative Administration Committee be amended by substituting the name of Hon. Mr. Malley for Hon. Mr. Green and the name of Mr. E. Robichaud for Mr. Stiles and by deleting the name of Hon. Mr. Williams.And the question being put, it was resolved in the affirmative.

With leave of the House to dispense with notice, Hon. Mr. Harrison moved, seconded by Hon. P. Robichaud: (Motion 108)That the membership of the standing committees of the House established pursuant to Standing Rule 89 be amended by deleting the current membership and substituting the following:The Crown Corporations Committee be composed of Mr. Stiles, Ms. Blaney, Mr. Sherwood, Mr. Betts, Mr. C. LeBlanc, Mr. Huntjens, Mr. Arseneault, Mr. V. Boudreau, Mr. Jamieson, and Mr. MacIntyre.The Education Committee be composed of Mr. Betts, Ms. Blaney, Mr. Sherwood, Mr. Stiles, Mr. E. Robichaud, Ms. C. Robichaud, Mr. R. Boudreau, Mr. Brewer, and Mr. Paulin.


The Estimates Committee be composed of Mr. Sherwood, Mr. Betts, Ms. Blaney, Mr. Huntjens, Mr. C. LeBlanc, Mr. Stiles, Mr. Albert, Mr. V. Boudreau, Mr. A. LeBlanc, and Mr. McGinley.The Health Care Committee be composed of Mr. Sherwood, Mr. Stiles, Mr. C. LeBlanc, Mr. Huntjens, Mr. E. Robichaud, Mr. Haché, Mr. Albert, Mr. V. Boudreau, and Mr. Kennedy.The Law Amendments Committee be composed of Hon. Mr. Green, Mr. Betts, Mr. Stiles, Mr. Sherwood, Ms. Blaney, Mr. R. Boudreau, Mr. Burke, and Mr. McGinley.The Legislative Officers Committee be composed of Mr. Betts, Mr. Stiles, Ms. Blaney, Mr. Huntjens, Mr. E. Robichaud, Mr. Brewer, Mr. Kenny , and Ms. C. Robichaud.The Private Bills Committee be composed of Mr. Sherwood, Mr. Betts, Mr. Huntjens, Ms. Blaney, Mr. C. LeBlanc, Mr. Armstrong, Mr. Doucet, and Mr. Kennedy.The Privileges Committee be composed of Hon. Mr. Harrison, Hon. P. Robichaud, Mr. E. Robichaud, Mr. Huntjens, Mr. Stiles, Mr. Allaby, Mr. Haché, and Mr. Landry.The Procedure Committee be composed of Hon. Mr. Harrison, Hon. P. Robichaud, Mr. E. Robichaud, Mr. Huntjens, Ms. Blaney, Mr. Allaby, Mr. V. Boudreau, and Mr. Lamrock.The Public Accounts Committee be composed of Mr. Sherwood, Mr. Stiles, Mr. C. LeBlanc, Mr. Betts, Mr. E. Robichaud, Mr. Allaby, Mr. Doucet, Mr. Foran, and Mr. Murphy.And the question being put, it was resolved in the affirmative.

With leave of the House to dispense with notice, Hon. Mr. Harrison moved, seconded by Hon. P. Robichaud: (Motion 109)WHEREAS literacy is fundamental to the socio-economic development of all people in New Brunswick, enabling them to participate and enjoy the cultural, democratic, economic and social fabric of our province; andWHEREAS all members of this Assembly are committed to life-long learning and to the promotion and support of literacy, so that all may be able to access and enjoy the benefits of literacy, and have demonstrated this commitment by forging an agreement that creates a Select Committee on Literacy; andWHEREAS a bi-partisan effort to continue to improve New Brunswick’s literacy rates will benefit all New Brunswickers.


BE IT THEREFORE RESOLVED THAT this House appoint a Select Committee on Literacy, which will be charged with studying and conducting consultations to develop recommendations for a long-term plan to improve literacy rates in all regions of New Brunswick. The Select Committee on Literacy will also be responsible for hearing from the members of the general public, interest groups, and others, any such information which they may so wish to present. The Committee may set appropriate rules for the receiving of said submissions. In addition to the powers traditionally conferred upon the said Committee by the Standing Rules, the Committee shall have the following additional powers:• to sit during sittings of the House and during the recess after

prorogation until the next following Session; and• to adjourn from place to place as may be convenient; and• to retain such personnel as required to assist the Committee;BE IT FURTHER RESOLVED THAT during a period when the Legislative Assembly is adjourned or prorogued, the Committee may release a report by depositing a copy with the Clerk of the Legislative Assembly, and upon the resumption of the sittings of the House, the Chairperson shall present the report to the Legislative Assembly;BE IT FURTHER RESOLVED THAT the said Committee be composed of Mr. Huntjens, Mr. E. Robichaud, Ms. Blaney, Mr. Sherwood, Mr. C. LeBlanc, Mr. Lamrock, Mr. Arseneault, Mr. Doherty, and Mr. Ouellette.And the question being put, it was resolved in the affirmative.

It was agreed by unanimous consent that Bills 18, 20, 51, 54, 71, 74, and 82 be read a third time forthwith.

The following Bills were read a third time and passed.Bill 18, An Act to Amend An Act to Amend the Motor Vehicle Act.Bill 20, An Act to Amend the Provincial Loans Act.Bill 51, An Act to Amend the Human Tissue Gift Act.Bill 54, An Act to Amend the Motor Vehicle Act.Bill 71, Agricultural Producers Registration and Farm Organizations

Funding Act.Bill 74, An Act to Amend the Emergency 911 Act.

And the Order being read for third reading of Bill 82, Petroleum Products Pricing Act, and a recorded vote having been requested on the motion for third reading, it was resolved in the affirmative on the following recorded division:


YEAS - 26Hon. Ms. MacAlpine-Stiles Hon. Ms. Fowlie Mr. HuntjensHon. Ms. Poirier Hon. Mr. Steeves Mr. StilesHon. Ms. Dubé Hon. Mr. Williams Mr. SherwoodHon. Mr. Volpé Hon. Mr. Ashfield Mr. MesheauHon. Mr. Lord Hon. Mr. Carr Ms. BlaneyHon. Mr. Harrison Hon. P. Robichaud Mr. E. RobichaudHon. Mr. Green Hon. Mr. Alward Mr. C. LeBlancHon. D. Graham Hon. Mr. Holder Mr. BettsHon. Mr. Mockler Hon. Mr. Fitch

NAYS - 21Mr. McGinley Mr. Branch Mr. BurkeMr. Jamieson Mr. Doherty Mr. Murphy Mr. MacIntyre Mr. Albert Mr. KennyMr. Allaby Mr. Ouellette Mr. ArseneaultMr. S. Graham Ms. C. Robichaud Mr. PaulinMr. Armstrong Mr. Lamrock Mr. BrewerMr. Landry Mr. Targett Mr. V. BoudreauAccordingly, Bill 82, Petroleum Products Pricing Act, was read a third time and passed.


The following documents, having been deposited with the Clerk of the House were deemed laid upon the table of the House pursuant to Standing Rule 39:Documents requested in Notices of Motions 89 and 94 June 19, 2006Documents requested in Notice of Motion 95 June 16, 2006


Thursday, June 22, 2006.9 o’clock a.m.

Prayers.Following Oral Questions, Mr. Lamrock rose on a point of order and submitted that in his answer to certain questions, the Minister of Public Safety had neglected to take responsibility for his Department. Hon. Mr. Steeves, Minister of Public Safety, spoke on the point of order. Mr. Speaker ruled that Ministers are entitled to respond to questions on behalf of the government and it is not the duty of the Speaker to interfere.

It was agreed by unanimous consent to dispense with the Order of Private Members’ Motions.Hon. Mr. Harrison, Government House Leader, announced that it was the intention of government that the House resolve itself into a Committee of the Whole to take into consideration Bill 81, followed by third reading, and the Royal Assent Ceremony.

The House resolved itself into a Committee of the Whole with Mr. C. LeBlanc in the chair.At 12 o’clock p.m., the Chairman left the chair to resume again at 1 o’clock p.m.

1 o’clock p.m.

The Committee resumed with Mr. C. LeBlanc in the chair.And after some time, Hon. Mr. Mockler took the chair as Acting Chairman.And after some further time, Mr. C. LeBlanc resumed the chair.And after some further time spent in Committee of the Whole, Mr. Speaker resumed the chair and Mr. C. LeBlanc, the Chairman, after requesting that Mr. Speaker revert to Presentations of Committee Reports, reported:That the Committee had directed him to report the following Bill agreed to as amended:Bill 81, Energy and Utilities Board Act.



It was agreed by unanimous consent to proceed with third reading of Bill 81, Energy and Utilities Board Act, forthwith.

And the Order being read for third reading of Bill 81, Energy and Utilities Board Act, and a recorded vote having been requested on the motion for third reading, it was resolved in the affirmative on the following recorded division:

YEAS - 24Hon. Ms. MacAlpine-Stiles Hon. Mr. Mockler Hon. Mr. AlwardHon. Ms. Poirier Hon. Ms. Fowlie Hon. Mr. HolderHon. Ms. Dubé Hon. Mr. Steeves Hon. Mr. FitchHon. Mr. Volpé Hon. Mr. Williams Mr. HuntjensHon. Mr. Lord Hon. Mr. Ashfield Mr. StilesHon. Mr. Harrison Hon. Mr. MacDonald Mr. SherwoodHon. Mr. Green Hon. Mr. Carr Ms. BlaneyHon. D. Graham Hon. P. Robichaud Mr. C. LeBlanc

NAYS - 12Mr. McGinley Mr. Landry Mr. ArseneaultMr. MacIntyre Mr. Albert Mr. ForanMr. S. Graham Mr. Lamrock Mr. PaulinMr. Armstrong Mr. Kenny Mr. DoucetAccordingly, Bill 81, Energy and Utilities Board Act, was read a third time and passed.

His Honour, the Lieutenant-Governor, was announced, and having been bidden to enter, took his seat in the chair upon the Throne.Mr. Speaker addressed His Honour as follows:

May It Please Your Honour:The Legislative Assembly of the Province of New Brunswick has passed several Bills at the present sittings of the Legislature to which, in the name and on behalf of the said Legislative Assembly, I respectfully request Your Honour’s assent.

The Clerk Assistant then read the titles of the Bills as follows: Bill 2, Fiscal Responsibility and Balanced Budget Act.Bill 4, Tuition Tax Cash Back Credit Act.Bill 5, Tobacco Damages and Health Care Costs Recovery Act.Bill 10, An Act to Amend the Crown Land and Forests Act.Bill 11, An Act to Amend the Crown Land and Forests Act.Bill 15, An Act to Amend the Clean Environment Act.Bill 17, An Act to Amend the Land Titles Act.


Bill 18, An Act to Amend the Motor Vehicle Act.Bill 19, An Act to Amend the Motor Vehicle Act.Bill 20, An Act to Amend the Provincial Loans Act.Bill 22, An Act to Amend the Kings Landing Corporation Act.Bill 33, An Act to Amend the Executive Council Act.Bill 38, An Act Respecting Pensions.Bill 39, An Act to Repeal the Married Womans’ Property Act.Bill 43, An Act to Amend the Time Definition Act.Bill 48, An Act to Amend the Pre-arranged Funeral Services Act.Bill 49, An Act to Amend the Teachers’ Pension Act.Bill 50, Class Proceedings Act.Bill 51, An Act to Amend the Human Tissue Gift Act.Bill 53, An Act to Amend the child and Youth Advocate Act.Bill 54, An Act to Amend the Motor Vehicle Act.Bill 63, An Act to Amend the Elections Act.Bill 66, An Act Respecting the Paramedic Association of New Brunswick.Bill 69, An Act to Amend the Université de Moncton Act.Bill 71, Agricultural Producers Registration and Farm Organizations

Funding Act.Bill 73, Seafood Processing Act.Bill 74, An Act to Amend the Emergency 911 Act.Bill 75, Special Appropriation Act 2006.Bill 76, Loan Act 2006.Bill 77, An Act to Amend the New Brunswick Income Tax Act.Bill 81, Energy and Utilities Board Act.Bill 82, Petroleum Products Pricing Act.Bill 83, Supplementary Appropriations Act 2004-2005 (3).Bill 84, Supplementary Appropriations Act 2005-2006 (1).His Honour signified His Assent as follows:

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



Mr. Speaker then addressed His Honour as follows:May It Please Your Honour:The Legislative Assembly having devoted itself with unremitting diligence to the consideration of the several subjects referred to in the speech you were pleased to deliver at the opening of


the session, and to other matters of interest to the people of the province, humbly begs to present for your Honour’s acceptance a Bill intituled Appropriations Act 2006-2007. (Bill 85)

His Honour replied:It is the Queen’s wish. La reine le veut.

To this Bill, His Honour’s assent was announced by the Clerk in the following words:

His Honour thanks Her Majesty’s loyal and dutiful subjects, accepts their benevolence and assents to this Bill.

His Honour was pleased to deliver the following message:Again, I want to thank you for the great work that you have done. This has not been easy. It has been a fairly bumpy session for everyone, I believe. However, I think that you did great work. I think the people of the province are very proud of the work that you do. You were chosen by the people of the province, and I think that you are accountable to them for the work that you do. I think they are probably very grateful to you.It is with very great pleasure that I wish you a very, very good summer and a great vacation. As you know, today is the first day of summer. Yesterday was more or less the first day. Today really is the solstice. So, I hope you will spend an excellent summer with your families and loved ones.Thank you.

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


A Address, In reply to the speech of His Honour the Lieutenant-Governor at opening of House, moved and seconded, 14; debated and adjourned over, 14, debate resumed, 23; amendment proposed, 23; debated and adjourned, 26, 32, 37, 41, 44, debate ended, question put on amendment, recorded division requested, 45, resolved in the negative on the casting vote of the Speaker, 45; question put on main motion (the address in reply), recorded division requested, 46; resolved in the affirmative on the casting vote of the Speaker, 47; ordered to be engrossed and presented, 47; Committee to present same appointed, 47; Lieutenant-Governor’s reply thereto, 221.

Adjournment of the House, 19, 77, 84, 189, 192, 248.

Annual Reports, Aboriginal Affairs Secretariat 2004-2005, 85. Agriculture, Fisheries and Aquaculture 2004-2005, 84. Atlantic Lottery Corporation 2004-2005, 21. Business New Brunswick 2004-2005, 26. Centre Communautaire Sainte-Anne 2004-2005, Le, 21. Chief Coroner, 2004-2005, 84. Comptroller 2004-2005, 84. Culture and Sport Secretariat 2004-2005, 21. Commissioner of Official Languages 2004-2005, 85. Council of Atlantic Premiers 2003-2004, 21. Education 2004-2005, 85. Energy 2004-2005, 85. Environment and Local Government 2004-2005, 85. Family and Community Services 2004-2005, 26. Finance 2004-2005, 21. Health and Wellness 2004-2005, 85. Justice, Insurance 2004-2005, 85. Justice and Attorney General 2004-2005, 85. Kings Landing Historical Settlement 2004-2005, 84. Labour and Employment Board 2004-2005, 21. Lotteries Commission of New Brunswick 2004-2005, 21. Maritime Provinces Higher Education Commission 2004-2005, 44. Municipal Statistics of New Brunswick 2005, 85. NB Power Group 2004-2005, 21. Natural Resources 2004-2005, 21. New Brunswick Advisory Council on Seniors 2004-2005, 21. New Brunswick Advisory Council on the Status of Women, 21. New Brunswick Advisory Council on Youth 2004-2005, 21. New Brunswick Electric Finance Corporation 2004-2005, 85.

New Brunswick Forest Products Commission 2004-2005, 21. New Brunswick Highway Corporation 2004-2005, 21. New Brunswick Human Rights Commission, 84. New Brunswick Investment Management Corporation 2004-2005, 21. New Brunswick Liquor Corporation 2005, 21. New Brunswick Municipal Finance Corporation 2004-2005, 21. New Brunswick Police Commission 2004-2005, 84. New Brunswick Power Holding Corporation 2004-2005, 21. New Brunswick Securities Commission 2004-2005, 21. New Brunswick System Operator 2004-2005, 21. Office of Human Resources 2004-2005, 21. Office of the Ombudsman 2004-2005, 85. Premier’s Council on the Status of Disabled Persons 2004-2005, 21. Provincial Holdings Ltd. 2004-2005, 84. Public Safety 2004-2005, 21. Public Safety Inspection Services 2004-2005, 90. Regional Development Corporation 2004-2005, 84. Research and Productivity Council 2004-2005, 21. Royal Canadian Mounted Police J Division 2004-2005, 85. Training and Employment Development 2004-2005, 21. Transportation 2004-2005, 21. Vital Statistics - Health 2004-2005, 85. Workplace Health, Safety and Compensation Commission 2005, 113.

Other Reports, Atlantic Overview - APEC - Winter 2006, 149. Attracting & Retaining Immigrants, A Toolbox of Ideas for Smaller Centres, Prepared by

the National Working Group on Small Centre Strategies, 114. Auditor General of New Brunswick - Volume 1, 2005, 22. Auditor General of New Brunswick - Highlights - Volume 2, 2005, 85. Auditor’s Report on the Accounts of the Auditor General of the Province of New

Brunswick for the fiscal year ended 31 March 2005, 42. Belledune Area Environmental Sampling Study, The — Project No. 1001701 —

Final Report, 185. Budget 2006-2007, 89. Chief Electoral Officer - By-Election - Saint John Harbour - November 14, 2005,

85. Daily, The, Wednesday, April 26, 2006, 149. Electoral Map for New Brunswick - Preliminary Report of the Electoral Boundaries and

Representation Commission and Map, A Proposed, 22.

A New Electoral Map for New Brunswick - Final Report of the Electoral Boundaries and Representation Commission - February 2006, A New Electoral Map for New Brunswick - Appendix B - New Electoral Districts, Recommended Electoral Boundaries based on the Final Report of the Electoral Boundaries and Representation Commission, 85.

Electoral Boundaries and Representation Commission - March 2006, Final Report of the, Amended, 86.

Estimates 2006-2007, Capital, 48. Estimates 2004-2005 Volume III, Supplementary, 48. Estimates 2005-2006 Volume I, Supplementary, 48. Estimates, Main 2006-2007, 89. Forest Report 2005, State of the, 53. Government of New Brunswick Workforce Profile 2005, 89. Health Human Resource Planning: Gaining Momentum, the New Brunswick Journey,

December 2005, 68. Legislative Democracy, Improving the Way Government Works: Government

Response to the Final Report of the Committee on, 230. Lifelong Learning, Quality Adult Learning Opportunities, Policy Statement on

Adult and Lifelong Learning, Part of the Quality Learning Agenda, 2002-2012, 33.

Maritime Higher Education - Five Years After University Graduation: Status of the Maritime Class of 1999 in 2004 - Survey Highlights, Trends in, 22.

Maritime Provinces Higher Education Commission - R&D Funding in Atlantic Universities - November 2005, 26.

Members’ Expenses pursuant to section 30(3) of the Legislative Assembly Act, A Report by the Minister of Finance on, 22.

New Brunswick Canada, Economic and Fiscal Update 2005-2006, 51. New Brunswick Economy, The, 89. Pet Ownership, Report of the Task Force for Responsible, December 2005, 48. Public Accounts for the fiscal year ended 31 March 2005 - Volume 1 - Financial

Statements, 22. Public Accounts for the fiscal year ended 31 March 2005 - Volume 2 -

Supplementary Information, 85. Public Accounts for the fiscal year ended 31 March 2005 - Volume 5 - Salary

Listings of Organizations, 85. Public Disclosure Statements filed pursuant to subsection 20(7) of the Members’

Conflict of Interest Act, 22. Reconciling the Irreconcilable, Addressing Canada’s Fiscal Imbalance, Advisory Panel on

Fiscal Imbalance, 114.

Report to the Minister of Public Safety “Office of the Comptroller -- special Examination,” in response to Notice of Motion 67 (2004-2005 Second Session of the Fifty-fifth Legislature), 162.

Report on the Recommendation of the Judicial Remuneration Commission in the matter of an application of Judge Murray F. Cain, July 20, 2005, 15.

Report of the Supervisor of Political Financing Under the Political Process Financing Act 2002, 85.

Report of the supervisor of Political Financing Under the Political Process Financing Act 2003,85.

State of the Forest Report 2005, 53. TD Economics - Special Report - February 17, 2006, 149. Women in New Brunswick, 2006 Report Card on the Status of, Advisory Council

on, A Statistical Profile by the New Brunswick Advisory Council on the Status of Women, 86.

B Bills Introduced: Bills, Public [Passed] Agricultural Producers Registration and Farm Organizations Funding Act, Bill 71. Read first time, 162; motion for second reading debated and carried, read second time, 164; Committee of the Whole and agreed to as amended, 247; read third time, 250. R.A. 254.

Appropriations Act 2006-2007, Bill 85. Read first time, 227; unanimous consent that Bill be read second time, 227; unanimous consent that order for Committee of the Whole be discharged and ordered for third reading forthwith, 228; read third time, 228. R.A., 254.

Aquaculture Act, An Act to Amend the, Bill 26. Read first time, 53; motion for second reading debated and carried, read second time, 70; Committee of the Whole and agreed to, 70; read third time with unanimous consent, 71. R.A. 71.

Child and Youth Advocate Act, An Act to Amend the, Bill 53. Read first time, 118; motion for second reading debated and carried, read second time, 124; Committee of the Whole and agreed to, 238; read third time, 246. R.A., 254.

Class Proceedings Act, Bill 50. Read first time, 118; motion for second reading debated and carried, read second time, 124; unanimous consent to discharge order to Committee of the Whole, 200; read third time, 201. R.A., 254.

Clean Environment Act,

An Act to Amend the, Bill 15. Read first time, 27; motion for second reading debated and carried, read second time, 36; Committee of the Whole and agreed to, 238; read third time, 246. R.A., 253.

Crown Lands and Forests Act, An Act to Amend the, Bill 10. Read first time, 27; motion for second reading debated and carried, read second time, 35; Committee of the Whole and agreed to, 238; read third time, 245. R.A., 253.

Crown Lands and Forests Act, An Act to Amend the, Bill 11. Read first time, 27; motion for second reading debated and carried, read second time, 35; Committee of the Whole and agreed to, 238; read third time, 245. R.A., 253.

Elections Act, An Act to Amend the, Bill 37. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and carried, read second time, 111; Committee of the Whole and agreed to, 125; read third time, 126. R.A., 156.

Emergency 911 Act, An Act to Amend the, Bill 74. Read first time, 191; motion for second reading debated and carried, read second time, 197; Committee of the Whole and agreed to, 247; read third time, 250. R.A., 254.

Energy Efficiency and Conservation Agency of New Brunswick Act, Bill 7. Read first time, 16; motion for second reading debated and carried, read second time, 31; Committee of the Whole and agreed to, 70; read third time with unanimous consent, 71. R.A., 71.

Energy and Utilities Board Act, Bill 81. Read first time, 217; motion for second reading debated and carried, read second time, 227; Committee of the Whole and agreed to as amended, 252; motion for third reading carried on recorded division, read third time, 253. R.A., 254.

Executive Council Act, An Act to Amend the, Bill 33. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and carried, read second time, 109; unanimous consent to discharge order to Committee of the Whole, 200; read third time, 201. R.A., 254.

Film and Video Act, An Act to Amend the, Bill 8. Read first time, 16; motion for second reading debated and carried, read second time, 31; Committee of the Whole and agreed to, 116; read third time, 117. R.A., 117.

Fiscal Responsibility and Balanced Budget Act,

Bill 2. Read first time, 16; motion for second reading debated, 28; amendment proposed to discharge order and refer subject matter to Law Amendments Committee, debated, question put, amendment negatived on casting vote of Speaker, 29; Speaker’s statement re same, 29; motion for second reading carried, read second time, 30; Committee of Whole and agreed to, 238; third reading, 245. R.A., 253.

Gas Distribution Act, 1999, An Act to Amend the, Bill 28. Read first time, 68; motion for second reading debated and carried, read second time, 78; Committee of the Whole and agreed to, 116; read third time, 117. R.A., 117.

Human Tissue Gift Act, An Act to Amend the, Bill 51. Read first time, 118; motion for second reading debated and carried, read second time, 124; Committee of the Whole and agreed to, 247; read third time, 250. R.A., 254.

Industrial Relations Act, An Act to Amend the, Bill 14. Read first time, 27; motion for second reading debated and carried, read second time, 35; Committee of the Whole and agreed to, 92; read third time, 93. R.A., 117.

Kings Landing Corporation Act, An Act to Amend the, Bill 22. Read first time, 33; motion for second reading debated and carried, read second time, 40; Committee of the Whole and agreed to, 238; read third time, 246. R.A., 254.

Land Titles Act, An Act to Amend the, Bill 17. Read first time, 33; motion for second reading debated and carried, read second time, 39; Committee of the Whole and agreed to as amended, 238; read third time, 246. R.A., 253.

Loan Act 2006, Bill 76. Read first time, 191; motion for second reading debated and carried, read second time, 198; unanimous consent to discharge order to Committee of the Whole, 228; read third time, 228. R.A., 254.

Married Woman’s Property Act, An Act to Repeal the, Bill 39. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and carried, read second time, 111; unanimous consent to discharge order to Committee of the Whole, 200; read third time, 201. R.A., 254.

Motor Vehicle Act, An Act to Amend An Act to Amend the, Bill 18. Read first time, 33; motion for second reading debated and carried, read second time, 39; Committee of the Whole and agreed to, 247; read third time, 250. R.A., 254.

Motor Vehicle Act,

An Act to Amend the, Bill 19. Read first time, 33; motion for second reading debated and carried, read second time, 39; unanimous consent to discharge order to Committee of the Whole, 200; read third time, 201. R.A., 254.

Motor Vehicle Act, An Act to Amend the, Bill 54. Read first time, 118; motion for second reading debated and carried, read second time, 125; Committee of the Whole and agreed to, 247; read third time, 250. R.A., 254.

Municipalities Act, An Act to Amend the, Bill 34. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and carried, read second time, 109; Committee of the Whole and agreed to, 116; read third time, 117. R.A., 117.

New Brunswick Income Tax Act, An Act to Amend the, Bill 3. Read first time, 16; motion for second reading debated and carried, read second time, 30; Committee of the Whole and agreed to, 70; read third time with unanimous consent, 71. R.A., 71.

New Brunswick Income Tax Act, An Act to Amend the, Bill 77. Read first time, 191; motion for second reading debated and carried, read second time, 198; Committee of the Whole and agreed to, 228; unanimous consent for third reading forthwith, read third time, 229. R.A., 254.

Pensions, An Act Respecting, Bill 38. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and carried, read second time, 111; unanimous consent to discharge order to Committee of the Whole, 200; read third time, 201. R.A., 254.

Petroleum Products Pricing Act, Bill 82. Read first time, 217; motion for second reading debated and carried, read second time, 227; Committee of the Whole and amendment proposed and defeated on recorded division, 247; agreed to as amended, 248; motion for third reading carried on recorded division, read third time, 251. R.A., 254.

Pipeline Act, 2005 Bill 27. Read first time, 68; unanimous consent for second reading forthwith, motion for second reading debated and carried, read second time, 70; Committee of the Whole and agreed to, 70; read third time with unanimous consent, 71. R.A. 71.

Pre-arranged Funeral Services Act, An Act to Amend the, Bill 48. Read first time, 118; read second time, 123; unanimous consent to discharge order to Committee of the Whole, 200; read third time, 201. R.A., 254.

Provincial Loans Act, An Act to Amend the, Bill 20. Read first time, 33; motion for second reading debated and carried, read second time, 40; Committee of the Whole and agreed to, 247; read third time, 250. R.A., 254.

Residential Tenancies Act, An Act to Amend The, Bill 35. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and adjourned over, 109; point of order regarding Bill not being ordered for second reading, 110; Speaker advises that adjourned debates at second reading can be called at the discretion of government, 110; unanimous consent to resume debate; debate resumed, question put, motion carried, read second time, 113; Committee of the Whole and agreed to, 116; read third time, 117. R.A., 117.

Seafood Processing Act, Bill 73. Read first time, 180; motion for second reading debated and carried, read second time, 185; Committee of the Whole and agreed to as amended, 238; read third time, 246. R.A., 254.

Special Appropriation Act 2006, Bill 75. Message from Lieutenant-Governor, 191; read first time, 191; motion for second reading debated and carried, read second time, 197; Ms. Blaney raised Question of Privilege with respect to a Notice of Action served on her by a staff of the Office of the Official Opposition, 197; Committee of the Whole and agreed to, 228; unanimous consent for third reading forthwith, read third time, 228. R.A., 254.

Supplementary Appropriations Act 2004-2005(3), Bill 83. Read first time, 225; unanimous consent that Bill be read second time, 227; unanimous consent that order for Committee of the Whole be discharged and ordered for third reading forthwith, 228; read third time, 228. R.A., 254.

Supplementary Appropriations Act 2005-2006(1), Bill 84. Read first time, 225; unanimous consent that Bill be read second time, 227; unanimous consent that order for Committee of the Whole be discharged and ordered for third reading forthwith, 228; read third time, 228. R.A., 254.

Teachers’ Pension Act, An Act to Amend the, Bill 49. Read first time, 118; motion for second reading debated and carried, read second time, 123; unanimous consent to discharge order to Committee of the Whole, 200; read third time, 201. R.A., 254.

Time Definition Act, An Act to Amend the, Bill 43. Read first time, 108; motion for second reading debated and carried, read second time, 112; Committee of the Whole and agreed to, 238; read third time, 246. R.A., 254.

Tobacco Damages and Health Care Costs Recovery Act, Bill 5. Read first time, 16; motion for second reading debated and carried, read second time, 30; Committee of the Whole and agreed to, 238; read third time, 245. R.A., 253.

Tuition Tax Cash Back Credit Act, Bill 4. Read first time, 16; motion for second reading debated and carried, read second time, 30; Committee of the Whole and agreed to, 238; read third time, 245. R.A., 253.

Bills, Private Paramedic Association of New Brunswick, An Act Respecting the, Bill 66. Report of Standing Committee on Procedure, 150; read first time, 151; referred to Standing Committee on Private Bills, 151; reported favourably, 157; read second time, 211; read third time, 212. R.A., 254.

Université de Moncton Act, An Act Respecting the, Bill 69. Read first time, 160; referred to Standing Committee on Private Bills, 160; reported favourably, 208, read second time, 211; read third time, 212. R.A., 254.

Bills, Public (Government) [Not Passed] Certain Ancient Right, An Act to Perpetuate a, Bill 1. Read first time, 13. [Pro Forma Bill]

Child and Youth Advocate Act, An Act to Amend the, Bill 25. Read first time, 48; motion for second reading debated, question put, recorded division requested, resolved in the affirmative on the casting vote of the Speaker, Speaker’s statement re same, 56; second statement following request for clarification, 56; read second time, 56.

Clean Environment Act, An Act to Amend the, Bill 16. Read first time, 27; motion for second reading debated and carried, read second time, 36.

Forest Products Act, An Act to Amend the, Bill 12. Read first time, 27; motion for second reading debated and carried, read second time, 35.

Franchises Act, An Act to Amend the, Bill 6. Read first time, 16; motion for second reading debated, 30; amendment proposed that the Bill be not now read a second time but that the subject matter be referred to the Standing Committee on Law Amendments, amendment carried, 31.

Higher Education Foundation Act, An Act to Amend the, Bill 52. Read first time, 118; motion for second reading debated and carried, read second time, 124.

Jury Act, An Act to Amend the, Bill 36. Read first time, 98; motion for second reading deferred, 100; read second time, 110.

Motor Vehicle Act, An Act to Amend the, Bill 42. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and carried, read second time, 112.

Occupational Health and Safety Act, An Act to Amend, Bill 13. Read first time, 27; motion for second reading debated and carried, read second time, 35.

Shortline Railways Act, An Act to Amend the, Bill 21. Read first time, 33; motion for second reading debated and carried, read second time, 40.

Warehouseman’s Lien Act, An Act to Amend the, Bill 40. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and carried, read second time, 111.

Woodsmen’s Lien Act, An Act to Amend the, Bill 41. Read first time, 98; motion for second reading deferred, 100; motion for second reading debated and carried, read second time, 112.

Bills, Private Members’ Public [Passed] Elections Act, An Act to Amend the, Bill 63. Read first time, 146; motion for second reading debated and carried, read second time, 148; unanimous consent to discharge order to Committee of the Whole, 200; read third time, 201. R.A., 254.

New Brunswick Income Tax Act, An Act to Amend the, Bill 57. Read first time, 129; motion for second reading debated and carried, read second time, 133; unanimous consent to rescind order referring Bill to the Committee of the Whole and order third reading forthwith, 141; read third time, 141. R.A., 156.

Bills, Private Members’ Public [Not Passed] Assessment Act, An Act to Amend the, Bill 55. Read first time, 121; motion for second reading debated and carried, read second time, 126.

Community Colleges, An Act Respecting Access to, Bill 46. Read first time, 109; motion for second reading deferred, 113; debated, debate interrupted by the expiration of time, 120.

Construction Labour Mobility Act, Bill 59. Read first time, 132; motion for second reading debated and defeated on the casting vote of the Speaker, 137.

Coroners Act, An Act to Amend the, Bill 60. Read first time, 132; motion for second reading debated and carried, read second time, 137.

Custody and Detention of Young Persons Act, An Act to Amend the, Bill 68. Read first time, 157; motion for second reading debated and defeated, 161.

Education Act, An Act to Amend the, Bill 45. Read first time, 109; motion for second reading debated and carried, read second time, 113. [See: Motion 87 that the order referring Bill 45, An Act to Amend the Education Act to the Committee of the Whole House be discharged and the Bill referred to the Standing Committee on Law Amendments, 189; notice dispensed, motion moved, carried, 189.]

Electricity Act, An Act to Amend the, Bill 31. Read first time, 75; motion for second reading debated and carried, read second time, 89.

Fairness in Fees Act, Bill 32. Read first time, 75; unanimous consent to defer second reading, 89; motion for second reading debated and carried, read second time, 92.

Fiscal Transparency Act, Bill 65. Read first time, 146; motion for second reading debated and carried, Member for Moncton North tables documents, read second time, 149.

Harmonized Sales Tax Act, An Act to Amend the, Bill 56. Read first time, 129; motion for second reading debated and carried, read second time, 132.

Healthy Students Act, Bill 44. Read first time, 109; motion for second reading debated and carried, read second time, 112.

Human Rights Act, An Act to Amend the, Bill 78. Read first time, 208; motion for second reading debated and carried, read second time, 212.

Legislative Assembly Act, An Act to Amend the, Bill 72. Read first time, 166; motion for second reading debated and defeated, 182.

Members’ Conflict of Interest Act, An Act to Amend the, Bill 47. Read first time, 114; motion for second reading debated, amendment proposed to discharge order and refer subject matter to Law Amendments Committee, 122, amendment debated, question put, amendment carried on casting vote of Speaker, 123.

Municipalities Act, An Act to Amend the, Bill 62. Read first time, 144; motion for second reading debated, amendment proposed to discharge order and refer subject matter to Law Amendments Committee, 147, question put on amendment, amendment carried, 147.

New Brunswick Investment Management Corporation Act, An Act to Amend the, Bill 24. Read first time, 42; motion for second reading debated and carried, read second time, 50.

Pension Benefits Act, An Act to Amend the, Bill 80. Read first time, 214; motion for second reading debated and defeated, 218.

Prescription Drug Payment Act, An Act to Amend the, Bill 30. Read first time, 75; motion for second reading debated and carried, read second time, 88.

Protection of Low-Income Occupiers,

An Act Respecting the, Bill 9. Read first time, 16; motion for second reading debated and carried, read second time, 31.

Protection of Retirement Home Residents, An Act Respecting the, Bill 29. Read first time, 68; motion for second reading debated and carried, read second time, 78.

Regional Health Authorities Act, An Act Respecting the, Bill 23. Read first time, 33; motion for second reading debated and defeated on casting vote of Speaker, 41; point of order requesting the Speaker give reasons for casting vote in the negative, Speaker advises he is not required to give reasons, 41.

Residential Property Tax Relief Act, An Act to Amend the, Bill 58. Read first time, 132; motion for second reading debated and carried, read second time, 136.

Right to Read Act, Bill 67. Read first time, 157; motion for second reading debated and carried, read second time, 161.

Safe Schools Act, Bill 79. Read first time, 211; motion for second reading deferred, 214; motion for second reading debated and defeated, 218.

Workers’ Compensation Act, An Act to Amend the, Bill 61. Read first time, 132; motion for second reading debated and carried, read second time, 137.

Workers’ Compensation Act, An Act to Amend the, Bill 70. Read first time, 160; motion for second reading debated and carried, read second time, 162.

Youth Assistance Act, An Act to Amend the, Bill 64. Read first time, 146; motion for second reading debated and carried, read second time, 149.

Budget, Motion that House approve capital budget (Motion 19); notice of, 39; motion

moved, 51; amendment proposed, debated and adjourned over, 52; debate on amendment resumed, debate ended question put, amendment negatived on casting vote of Speaker, 57; question put on motion approving capital budget, motion carried, 57.

Motion that House approve budget (Main Estimates) (Motion 28); notice of, 53; motion made, debated and adjourned, 84, 90, 92, 94, 96, 100, 101, question put, recorded division, motion carried on the casting vote of the Speaker, 101, Speaker stated the chair was guided by principles regarding the Speaker’s casting vote on a matter of confidence, 102; on motion THAT Supply be granted to Her Majesty, defeated in Committee of Supply, recorded division, 103; on motion that report of the Committee of Supply be concurred in, recorded division, defeated on the casting vote of the Speaker, 104; Speaker stated that the motion defeated in Committee earlier in the day had no effect and accordingly, both the Capital and the Main estimates stood referred to the Committee of Supply, 105.

C Clerk of the Legislative Assembly, Announces resignation of Speaker Bev Harrison, 81, that the only candidate

standing for election is the Member for Miramichi-Bay du Vin, declares Michael Malley Speaker, 81.

Announces Assent, 71, 117, 156, 254, 255.

Clerk Assistant, Reads titles of Bills to be assented to, 71, 117, 156, 253, 254.

Committees (Select) Education, Motion 46, the Select Committee on, appointed July 30, 2003, ceases to

exist, 80. Health Care, Motion 46, the Select Committee on, appointed July 30, 2003, ceases

to exist, 80. Literacy, Motion 109, Select Committee on, appointed, 249.

Committees (Standing), Crown Corporations, membership amended, 79, 248. Education, the Standing Committee on, Motion 46, appointed, 80; membership

amended, 248. Estimates, Motion 84, estimates of certain departments referred to, 186; Motion

86, 189; First Report, 221; Motion 100 that proceedings of said Committee be included in the Journal of Debates, 225; membership amended, 79, 249.

Health Care, Motion 46, created, 80; membership amended, 249. Law Amendments, First Report, 59 [Pay Equity Act introduced during First

Session and referred to Committee]; membership amended, 79, 249. Legislative Administration, membership amended, 79, 248. Legislative Officers, Motion 46, appointed, 80; membership amended, 249.

Private Bills, First Report, 157; Second Report, 208; membership amended, 79, 249.

Privileges, membership amended, 79, 249. Procedure, First Report [see also Motion 40], 72; notice of motion of concurrence,

75; question put, motion carried, 79; Second Report, [An Act Respecting the Paramedic Association of New Brunswick] 150; Third Report, 170; unanimous consent to allow Opposition to table a Dissenting Report of the Committee on Procedure denied, 180; membership amended, 79, 249.

Public Accounts, First Report, 239; membership amended, 80, 249. Amending membership of certain standing committees [Motion 45], 79; [Motion

108], 248. Appointing Standing Committees on Education; Health Care; Legislative

Officers [Motion 46], 80.

Committee of Supply, House resolves itself into a Committee of Supply to consider 2006-2007 Capital

Estimates, and Supplementary Estimates 2005-2006 Volume I, Supplementary Estimates 2004-2005 Volume III, 57, 58, 78.

House resolves itself into a Committee of Supply to consider Estimates, 102. On motion THAT Supply be granted to Her Majesty, defeated in Committee of Supply, 103, motion that report of the Committee of Supply be concurred in, defeated on the casting vote of the Speaker, 104; Speaker stated that the motion defeated in Committee earlier in the day had no effect and accordingly, both the Capital and the Main estimates stood referred to the Committee of Supply, 105.

House resolves itself into Committee of Supply to consider Main Estimates, 128, 130, 137, Motions granting certain sums for Transportation Estimates negatived in Committee of Supply, 137, 138, 139; motion of concurrence in the report defeated in House on casting vote of Speaker, 140; committee considers estimates, 142, 145, 149, 152, 155, 158, 161, 163, 164, 165, 169, 182, 189, 194, 198, 206, 209, 213, 215, 219, 226.

See also: Motion 84 referring certain estimates to Standing Committee on Estimates, 186, Motion 86, 189; First Report of Standing Committee on Estimates, 221.

Committee of the Whole, House resolves itself into a Committee of the Whole to consider legislation, 70,

92, 116, 125, 228, 237, 246, 252.

D

Documents Tabled, By Mr. Speaker, Auditor’s Report on the Accounts of the Auditor General of the Province of New

Brunswick for the fiscal year ended 31 March 2005, 42.

By Hon. Mr. Ashfield, State of the Forest Report 2005, 53.

By Hon. Ms. Blaney, Lifelong Learning, Quality Adult Learning Opportunities, Policy Statement on Adult

and Lifelong Learning, Part of the Quality Learning Agenda, 2002-2012, 33.

By Hon. D. Graham, Letter addressed to him from Hon. Patrick A.A. Ryan, Q.C., the Conflict of

Interest Commissioner for New Brunswick, 135.

By Hon. Mr. Green, Report on the Recommendation of the Judicial Remuneration Commission in the matter

of an application of Judge Murray F. Cain, July 20, 2005, 15. Letter addessed to Hon. Elvy Robichaud from Édouard Maltais, Chair of the

New Brunswick Healthcare Association, 141. Belledune Area Environmental Sampling Study, The - Project No. 1001701 - Final

Report, 185.

By Hon. Mr. Holder, Report of the Task Force for Responsible Pet Ownership, December 2005, 48. By Hon. Mr. Lord, Reconciling the Irreconcilable, Addressing Canada’s Fiscal Imbalance, Advisory Panel on

Fiscal Imbalance, 114. Legislative Democracy, Improving the Way Government Works: Government Response

to the Final Report of the Committee on, 230.

By Hon. Mr. Mockler, Attracting & Retaining Immigrants, A Toolbox of Ideas for Smaller Centres, Prepared by

the National Working Group on Small Centre Strategies, 114.

By Mr. Murphy, Atlantic Overview - APEC - Winter 2006, 149. TD Economics - Special Report - February 17, 2006, 149. The Daily - Wednesday, April 26, 2006, 149.

By Hon. E. Robichaud, Health Human Resource Planning: Gaining Momentum, The New Brunswick Journey,

December 2005, 68.

By Hon. Mr. Steeves, Report to Minister of Public Safety, Office of the Comptroller, Special Examinations, 162.

By Hon. Mr. Volpé, Capital Estimates 2006-2007, 48. Supplementary Estimates 2004-2005 Volume III, 48. Supplementary Estimates 2005-2006 Volume I, 48. New Brunswick, Canada, Economic and Fiscal Update 2005-2006, 51. Main Estimates 2006-2007, 89. Budget 2006-2007, 89. The New Brunswick Economy 2006, 89. Government of New Brunswick Workforce Profile, 89.

E Election of Speaker, Clerk announced resignation of Hon. Bev Harrison; House proceeded to election

pursuant to provisions of Standing Rule 11; Clerk announced that there was one candidate and declared Michael Malley, Member for Miramichi-Bay du Vin Speaker, 81; Speaker addressed House, 81; Speaker took chair, mace placed upon Clerk’s Table, 82.

Estimates, Supplementary Estimates 2004-2005 Volume III, tabled, 48. Supplementary Estimates 2005-2006 Volume I, tabled, 48, considered, 223, 224. Capital Estimates 2006-2007, Notice of, Motion 19, 39; tabled, 48; Motion made,

debated, amendment proposed, 51; debated and adjourned, 52; debated ended, question put, amendment negatived on casting vote of Speaker, 57; Motion 19 carried, 57; considered in Committee of Supply, 58, 78.

Main Estimates for the fiscal year ending March 31, 2007, Notice of Motion 28, 53; tabled, 83; Motion made debated and adjourned over, 84, 90, 92, 94, 96, 100, 101, question put, recorded division, motion carried on the casting vote of the Speaker, 101, Speaker stated the chair was guided by principles regarding the Speaker’s casting vote on a matter of confidence, 102; on motion THAT Supply be granted to Her Majesty, defeated in Committee of Supply, recorded division, 103; on motion that report of the Committee of Supply be concurred in, recorded division, defeated on the casting vote of the Speaker, 104; Speaker stated that the motion defeated in Committee earlier in the day had no effect and accordingly, both the Capital and the Main estimates stood referred to the Committee of Supply, 105.

House resolves itself into Committee of Supply to consider Estimates, 128, 130, 137, Motions granting certain sums for Transportation Estimates negatived in Committee of Supply, 137, 138, 139; motion of concurrence in the report defeated in House on casting vote of Speaker, 140; committee considers estimates, 142, 145, 149, 152, 155, 158, 161, 163, 164, 165, 169, 182, 189, 194, 198, 206, 209, 213, 215, 219, 226.

See also: Motion 84 referring certain estimates to Standing Committee on Estimates, 186, Motion 86, 189; First Report of Standing Committee on Estimates, 221.

Main Estimates, 2006-2007: Aboriginal Affairs Secretariat, 222. Advisory Council on the Status of Women, 222. Agriculture, Fisheries and Aquaculture, 222. Attorney General, 222. Auditor General, 222. Business New Brunswick, 220. Chief Electoral Officer, 222. Child and Youth Advocate, 222. Commissioner of Official Languages, 222. Comptroller, 183. Consolidated Entities, 182. Consumer Advocate for Insurance, 222. Council of Atlantic Premiers, 222. Education, 210. Employee Benefit Plans, 182. Energy, 206. Energy Efficiency and Conservation Agency of New Brunswick, 207. Environment, 222. Equal Employment Opportunity Program, 182. Executive Council Office, 222. Family and Community Services, 215. Finance, 183. Health, 199. Human Resources, 183. Immigration and Repatriation Secretariat, 223. Information Technology Investment Fund, 182. Intergovernmental Affairs, 222. Intergovernmental Conferences, 222. Justice and Consumer Affairs, 222. Labour and Employment Board, 222. Leaders and Members of Registered Political Parties, 222. Legislated Pension Plans, Benefit Accruals, Subsidies and Supplementary

Allowances, 182. Legislative Assembly, 222.

Local Government, 222. Maritime Provinces Higher Education Commission, 223. Members’ Allowances, Committees and Operations, 222. Natural Resources, 222. New Brunswick Advisory Council on Youth, 222. New Brunswick Advisory Council on Seniors, 215. New Brunswick Police Commission, 222. New Brunswick Public Service Internship Program, 182. Office of the Premier, 222. Ombudsman, 222. Premier’s Council on the Status of Disabled Persons, 222. Provision for Losses, 182. Post-Secondary Education and Training, 222. Public Safety, 222. Regional Development Corporation, 222. Service New Brunswick - Government Service Delivery, 182. Service New Brunswick - Property Tax Assessment Provision, 182. Service of the Public Debt, 183. Supervisor of Political Financing, 222. Supplementary Funding Provision, 182. Supply and Services, 183. Tourism and Parks, 222. Transportation, 226. Wellness, Culture and Sport, 223.

L Lieutenant-Governor, Delivers Speech from the Throne, 2. Signifies Royal Assent to Bills, 71, 117, 156, 254, 255. Signifies Royal Assent to Appropriations Act 2006-2007, (Bill 85), 255. Takes Chair, 2, 71, 82, 117, 156, 253. Vacates Chair, 13, 71, 117, 156, 255. Replies to Address, 221.

M Messages from Lieutenant-Governor, His Honour’s Reply to Address, 221. Transmitting Capital Estimates 2006-2007, 48; Supplementary Estimates 2004-2005

Volume III, 48; Supplementary Estimates 2005-2006 Volume I, 48; Supplement and Amendment to Supplementary Estimates 2005-2006, Volume 1, 195.

Gives leave to the House to proceed to the choice of new Speaker, 81. Transmitting Main Estimates 2006-2007, 83. Transmitting Bill 75, Special Appropriation Act 2006, 191.

Motions (Government) for Ordering of the Business of the House,

Ordering of the Business of the House, 19, 28, 34, 38, 43, 49, 55, 57, 69, 76, 88, 91, 93, 96, 99, 102, 109, 110, 116, 122, 126, 130, 132, 135, 141, 144, 146, 148, 152, 155, 158, 160, 162, 166, 167, 181, 185, 186, 188, 189, 192, 196, 200, 209, 211, 215,218,225, 228, 230, 245, 248, 249, 252.

Motions, That the speech of His Honour the Lieutenant-Governor be forthwith taken into

consideration, 13. That John Betts, Member for Moncton Crescent, be appointed Deputy Speaker,

19. That when the House adjourns on December 23, 2005, it stand adjourned until

Tuesday, March 28, 2006, 19; motion made, debated, carried in the affirmative on the casting vote of the Speaker, 20.

That the Address in Reply be engrossed, signed by Mr. Speaker, and presented to His Honour by a Committee, 47.

That Hon. Mr. Lord, Mr. Stiles and Mr. Williams be the Committee to wait upon His Honour with the Address and present the same, 47.

Fixing the time of Adjournment, 19, 77, 84, 188, 192, 248. That the Supply (Capital Estimates) be granted to Her Majesty, 58. That the House does concur with the Committee of Supply in its report and

agrees in its resolution that Supply (Capital Estimates) be granted to Her Majesty, 58.

That consideration of Estimates (Capital) in Committee of Supply be added to the Orders of the Day until such time as they are dispatched, 58.

That the portion of the Speech of His Honour the Lieutenant-Governor which refers to the Public Accounts, Estimates and Expenditures be referred to the Committee of Supply, 84.

That this House approves in general the budgetary policy of the government (Motion 28), motion made, 84; debated and adjourned over, 84.

That consideration of the motion on the budgetary policy of the government be resumed on Thursday next and then added to the Orders of the Day until such time as it is dispatched, 84.

Motion that Supply be granted to Her Majesty following closing of the debate on the Budget [Motion 28], defeated in Committee of Supply, recorded division, 103; on motion that report of the Committee of Supply be concurred in, recorded division, defeated on the casting vote of the Speaker, 104; Speaker stated that the motion defeated in Committee earlier in the day had no effect and accordingly, both the Capital and the Main estimates stood referred to the Committee of Supply, 105.

That the Report of the Standing Committee on Private Bills be concurred in, First Report, 157; Second Report, 208.

That certain motions be withdrawn, 87, 154.

Motions, Notices of, No. 1 by Hon. Mr. Alward that the Legislative Assembly state its unfailing

support to supply management and that it call upon the Government of Canada to mandate that its negotiators at the World Trade Organization obtain results that will enable that the central pillars of the supply management system be retained, unanimous consent to dispense with notice, 16; motion moved, debated and carried, 17.

No. 2 by Mr. S. Graham that the Legislative Assembly call upon the government to appoint a Child and Youth Advocate by January 31, 2006, 17; motion moved, debated, negatived on casting vote of Speaker, 36; Speaker’s statement, 37.

No. 3 by Ms. Robichaud re tabling documents between January 1, 2005, and November 30, 2005, pertaining to changes in paybands or other remuneration in the schools, school boards and education districts in New Brunswick, 17; documents filed, 86; motion withdrawn, 87.

No. 4 by Mr. Murphy re tabling documents pertaining to education financing in New Brunswick exchanged or held by the Department of Education, the Department of Finance and education districts, 18.

No. 5 by Mr. Targett re tabling documents between Office of Human Resources and Department of Finance, Executive Council and/or Department of Education regarding pay band adjustments in the Department of Education, 18; documents filed, 86; motion withdrawn, 87.

No. 6 by Mr. Kennedy re tabling documents to or from NB Power and/or the Department of Energy regarding the NB Power Defoliant Spraying Program during 1965-1970 timeframe from June 2003 until present, 18; documents filed, 86; motion withdrawn, 87.

No. 7 by Mr. Kennedy re tabling documents from the Department of Energy or the then NB Power Corporation pertaining to the NB Power Defoliant Program during the 1965-1970 timeframe including the names of all individuals who were employed with this program as full-time, part-time, casual or summer students; as well as the names of all defoliant agents used and the location of their usage in the Province of New Brunswick, 18; documents filed, 86; motion withdrawn, 87.

No. 8 by Mr. Paulin re tabling documents between April 1, 2004, and December 7, 2005, pertaining to the authorization of the export of wood from Crown lands, 19; documents filed, 86; motion withdrawn, 87.

No. 9 by Mr. Paulin re tabling documents between April 1, 2004, and December 7, 2005, pertaining to the budget of the Restigouche River cleanup, 19; documents filed, 86; motion withdrawn, 87.

No. 10 by Mr. Burke that this Legislature officially recognize 2006 as the Year of the War Bride, 28; motion made, debated, question put, motion carried, 44.

No. 11 by Mr. Murphy that a debate be held as to the formation of a Commission of Inquiry under Section 2 of the Inquiries Act to determine whether administration of Justice has been brought into disrepute by any inadequate investigation [in the matter of the shooting of Constable Clarence Bourque in August 1981 in Shediac], 28, motion made, debated, 50; amendment proposed, debated, question put, amendment carried, motion carried as amended, 51.

No. 12 by Mr. R. Boudreau re tabling documents pertaining to the Department of Family and Community Services’ plan concerning residential services for people with autism, 28; documents filed, 86; motion withdrawn, 87.

No. 13 by Mr. Jamieson re tabling documents between June 7, 1999, and December 13, 2005, pertaining to all applications made by the Department of the Environment and Local Government for infrastructure funding with the Federal Government and environmental projects that have been funded since June 7, 1999, 33; documents filed, 86; motion withdrawn, 87.

No. 14 by Mr. Albert re tabling the number of births per month between April 1, 2003, and the end of November 2005, by local service district, village, town or city served by the Acadie-Bathurst Health Authority, 34; documents filed, 86; motion withdrawn, 87.

No. 15 by Mr. Haché re tabling documents between June 7, 2003, and December 13, 2005, between Business New Brunswick or any other government department and Research in Motion, 34; documents filed, 86; motion withdrawn, 87.

No. 16 by Mr. Lamrock re tabling documents related to a request by the Government of New Brunswick to the Government of Canada to amend the agreed route for the project known as the “Marysville By-Pass,” 34; documents filed, 90; motion withdrawn, 154.

No. 17 by Mr. Haché re tabling names and locations of all outfitters who operate within clusters on Crown land from June 7, 1999, to December 14, 2005; the date those licences were issued; the names listed on licences, along with all documents relating to the approval of the foregoing, 38; documents filed, 86; motion withdrawn, 87.

No. 18 by Mr. S. Graham re tabling the plan that the Minister of Health and Wellness referred to during Question Period of December 14, 2005, for dealing with a pandemic influenza outbreak, 38; documents filed, 120; motion withdrawn, 154.

No. 19 by Hon. Mr. Volpé THAT this House approves in general the capital budgetary policy of the government, 39; motion made, debated, amendment proposed, debated, point of order with reference to absence of a member, Speaker rules point well taken, 51; debate adjourned, 52; debate resumed, question put, amendment negatived on casting vote of Speaker, 57; statement re same, 57; question put on Motion 19, motion carried, 57. [Capital Budget Motion]

No. 20 by Mr. Albert re tabling information about the creation of a geographical names board, including memos, reports, faxes, minutes of meetings, etc., from April 1, 2003, to November 30, 2004, 42; documents filed, 86; motion withdrawn, 87.

No. 21 by Mr. Murphy re tabling documents from January 1, 2004, to December 1, 2005, for the Minister of Intergovernmental and International Relations, Minister responsible for Service New Brunswick, and Minister responsible for the Culture and Sport Secretariat, 42; documents filed, 86; motion withdrawn, 87.

No. 22 by Mr. Murphy re tabling a copy of all flight logs from the government plane from January 1, 2004, to December 1, 2005, 43; documents filed, 86; motion withdrawn, 87.

No. 23 by Mr. V. Boudreau re tabling all existing contracts signed between the Government of New Brunswick and all active ambulance service providers since June 2003; and all existing contracts signed between the active ambulance service providers and their employees since June 2003, 43; documents filed, 128; motion withdrawn, 154.

No. 24 by Mr. Lamrock re tabling all documents, e-mails, correspondence, reports related to the approval of certifyonline.com, or the registered owner of that domain name, as an adult training facility, 43; documents filed, 86; motion withdrawn, 87.

No. 25 by Ms. Robichaud re tabling documents pertaining to the tracking of students with learning disabilities in the francophone school system, 49; documents filed, 86; motion withdrawn, 87.

No. 26 by Mr. R. Boudreau re tabling documents pertaining to the existence of contingency plans in the case of a strike regarding both nursing homes and home care workers, 49.

No. 27 by Mr. S. Graham re tabling documents between the Department of Health and Wellness and the Regional Health Authorities pertaining to the transition of public health care workers and mental health workers to the provincial government since November 1, 2002, 49; documents filed, 86; motion withdrawn, 87.

No. 28 by Hon. Mr. Volpé THAT this House approves in general the budgetary policy of the government (Budget Motion), notice of, 53; motion made, debated and adjourned, 84, 90, 92, 94, 96, 100, 101, question put, recorded division, motion carried on the casting vote of the Speaker, 101, Speaker stated the chair was guided by principles regarding the Speaker’s casting vote on a matter of confidence, 102; on motion that Supply be granted to Her Majesty, recorded division, defeated in Committee of Supply, 103; on motion that report of the Committee of Supply be concurred in, recorded division, defeated on the casting vote of the Speaker, 104; Speaker stated that the motion defeated in Committee earlier in the day had no effect and accordingly, both the Capital and the Main estimates stood referred to the Committee of Supply, 105. [Budget Motion]

No. 29 by Mr. Lamrock re tabling documents related to the approval of the International Business Practice Entrepreneurship College as an adult training facility for eligibility under the Youth Assistance Act, 53; documents filed, 86; motion withdrawn, 87.

No. 30 by Mr. Lamrock that whereas the government has approved two private colleges for public student loans; and innocent New Brunswickers have been hurt by these colleges, that the Legislative Assembly ask the Auditor General to review the approval process for private training institutions, 53; motion made, debated and negatived, 94.

No. 31 by Mr. Foran re tabling documents pertaining to the investigation conducted by Dr. Badley for the Miramichi Regional Health Authority in 2005 regarding the internal concerns at Miramichi Regional Hospital following the resignation of Dr. McAvinue, 54; documents filed, 86; motion withdrawn, 87.

No. 32 by Mr. V. Boudreau re tabling documents since January 1, 2003, pertaining to the tendering process for the Parlee Beach Provincial Park campground, and the awarding of any contracts for its operations, 54; documents filed, 86; motion withdrawn, 87.

No. 33 by Mr. V. Boudreau re tabling documents since January 1, 2005, pertaining to the purchase of the former Gilligan’s Beach Bar and Grill at Parlee Beach Provincial Park by the government of New Brunswick including the purchase and sale agreement and the operational budget of the restaurant for the 2005 season, 54; documents filed, 86; motion withdrawn, 87.

No. 34 by Mr. Paulin re tabling all information about the possible closure of Le Rendez-vous-des-Jeunes School in Saint-Arthur, 54; documents filed, 86; motion withdrawn, 87.

No. 35 by Mr. Paulin re tabling documents pertaining to overall cost, design, consultation, writing, photography, photography use, concept and printing of the State of the Forest Report 2005, 68; documents filed, 86; motion withdrawn, 87.

No. 36 by Mr. Albert re tabling the progress report(s) on the periodic review of the cultural policy, as indicated in the cultural policy document released in February 2002, 68; documents filed, 94; motion withdrawn, 154.

No. 37 by Mr. Albert re tabling the annual report(s) produced to measure the efficiency and performance of the international strategy, as indicated in the New Brunswick’s International Strategy document released in April 2003, 69; documents filed, 86; motion withdrawn, 87.

No. 38 by Mr. Arseneault re tabling documents since January 1, 2005, pertaining to the ongoing illegal operations of paid guest accommodations in New Brunswick, as well as any recommendations presented to the Minister of Tourism and Parks for action to be taken, 69; documents filed, 86; motion withdrawn, 87.

No. 39 by Mr. Arseneault re tabling documents since January 1, 2005, pertaining to recreational vehicle tourists utilizing WalMart’s parking lots instead of licensed camp grounds for overnight parking accommodations, as well as any recommendations presented to the Minister of Tourism and Parks for action, 69; documents filed, 86; motion withdrawn, 87.

No. 40 by Hon. Mr. Green that the recommendations contained in the First Report of the Standing Committee on Procedure be concurred in by the House, unanimous consent to move motion denied, 75; Speaker set motion over for two days hence, 75; unanimous consent to dispense with notice, 79; motion moved and carried, 79.

No. 41 by Mr. Doherty urging the government to bring forward Bill 9, An Act Respecting the Protection of the Low-Income Occupier, for consideration in Committee of the Whole by April 15, 2006, 76; unanimous consent to limit debate on motion, 99; motion made, debated, question put, motion defeated, 99.

No. 42 by Mr. V. Boudreau re tabling the number of New Brunswick residents 65 and older who received prescription drug benefits under the New Brunswick Prescription Drug Program for the first time in each of the years ending December 31st 1999; 2000; 2001; 2002; 2003; 2004, and 2005, 76; documents filed, 86; motion withdrawn, 87.

No. 43 by Mr. V. Boudreau re tabling the number of New Brunswick residents 65 and older deemed eligible to receive prescription drug benefits under the New Brunswick Prescription Drug Program (NBPDP) during the previous year but failed to re-qualify for the NBPDP for each of the years ending December 31st 1999; 2000; 2001; 2002; 2003; 2004, and 2005, 76; documents filed, 86; motion withdrawn, 87.

No. 44 by Hon. Mr. Green with leave, that unless otherwise provided by Standing Rule or Special Order of the House, the Legislative Assembly adopt a 2006 sessional calendar upon resumption of the third Session of the Fifty-fifth Legislature on March 28, 2006, 77; motion made, debated, question put, motion carried, 77.

No. 45 by Hon. Mr. Green amending the membership of certain standing committees, 79, notice dispensed, question put, motion carried, 80.

No. 46 by Hon. Mr. Green appointing Standing Committees on Education; Health Care; Legislative Officers, notice dispensed, question put, motion carried, 80.

No. 47 by Mr. Doucet re tabling the names of all law firms employed by the Government associated in any way with either past, current or ongoing legal council pertaining to the Orimulsion file, as well as fees paid as of March 28, 2006, to said law firms, 87; documents filed, 100; motion withdrawn, 154.

No. 48 by Mr. Murphy re tabling documents between January 1, 2006, and March 28, 2006, pertaining to the decision of the government to regulate oil and gasoline prices in the pro, 88; documents filed, 105; motion withdrawn, 154.

No. 49 by Mr. Burke re tabling documents between January 1, 2006, and March 28, 2006, pertaining to a feasibility study of a second nuclear reactor in the Province of New Brunswick, 88; documents filed, 105; motion withdrawn, 154.

No. 50 by Mr. Foran re tabling names of physicians and specialities recruited to Region 7 (Miramichi Regional Health Authority); physicians leaving Region 7; and physicians who have reduced services or changed services to work in the Miramichi Regional Hospital Emergency Department from June 1999 to present, 91; documents filed, 134; motion withdrawn, 154.

No. 51 by Mr. Paulin re tabling documents from June 1, 2003, to April 4, 2006, between the federal and provincial government regarding Route 17, 93.

No. 52 by Mr. S. Graham that the Legislature call on the federal minority government to reverse the decision to withdraw from the signed Early Learning and Childcare Agreement and that all funds negotiated to improve the childcare system be transferred to New Brunswick, 95; motion moved, debated, question put, motion negatived on recorded division, 127.

No. 53 by Mr. Doucet re tabling the names of law firms employed by New Brunswick Power Holding Corporation pertaining to the memorandum of understanding or fuel supply agreement for Orimulsion at Coleson Cove and the total fees paid, 98; documents filed, 159.

No. 54 by Mr. Lamrock that the Legislature endorse the recommendations and deadlines of the McKay Report and invite the Minister of Education to appear quarterly before the Standing Committee on Education to provide updates on implementation of the Report, 99; motion made, debated, motion negatived on casting vote of Speaker, 134.

No. 55 by Mr. Doherty re tabling the Final Report (January 2006) Home Support Workers, Raising our Voices: Toward Workforce Adjustment Through Policy and Strategic Action, 110; motion withdrawn, 154.

No. 56 by Mr. Armstrong re tabling documents between the province and both the New Brunswick Cattle Producers Association and River Valley Meat Packers Ltd., pertaining to support for an Atlantic federally-inspected abattoir and processing plant, and plans for a federally licensed abattoir; documents filed, 159.

No. 57 by Mr. Jamieson re tabling the names, titles, responsibilities and detailed job descriptions of any and all employees of casual, part-time, full-time and /or permanent status that are currently employed, or were employed, between June 1, 2003, and April 14, 2006, through the Office of the Premier, 115.

No. 58 by Mr. Lamrock that whereas New Brunswick is not on pace to meet the targets for spending set out in the Prosperity Plan, this Assembly urge the government to present clear spending targets for research and development spending from all economic development and innovation funds by May 31, 2006, 115; motion made, debated and adjourned, 147; debate resumed, debate ended, question put, motion defeated, 152.

No. 59 by Mr. Stiles that the Legislature express its support for the efforts of Canada’s Armed Forces stationed in Afghanistan and the world, 119; motion made, debated, question put, motion carried, 142.

No. 60 by Mr. Albert re tabling documents pertaining to silviculture work at the Village historique acadien from April 1, 2004, to April 24, 2006, 119; documents filed, 161.

No. 61 by Mr. Arseneault re tabling documents pertaining to item 4202.001 on page 95 of the 2004/2005 Annual Report Regional Development Corporation, 119; motion withdrawn, 154.

No. 62 by Mr. Arseneault re tabling documents pertaining to item 4201.001 on page 95 of the 2004/2005 Annual Report Regional Development Corporation, 119; motion withdrawn, 154.

No. 63 by Mr. V. Boudreau re tabling documents pertaining to the “Census Day” figures of Deputy Minister of Health and Wellness on February 9, 2006, re number of beds in each regional health authority for 1999, 2000, 2001, 2002, 2003, 2004, 2005, 120.

No. 64 by Mr. Arseneault re tabling documents pertaining to item 4253.160.058 on page 83 of the 2004/2005 Regional Development Corporation Annual Report, 121; documents filed, 156.

No. 65 by Mr. Arseneault re tabling documents pertaining to item 4265.001 on page 95 of the 2004/2005 Regional Development Corporation Annual Report, 121; documents filed, motion withdrawn, 154.

No. 66 by Mr. Lamrock that whereas circumstances have changed since the election of the Member for Miramichi-Bay du Vin, the Assembly be given an opportunity to affirm or withhold its support for the Speaker and express its lack of confidence in the Speaker, 122; unanimous consent to defer consideration, 158; unanimous consent to move motion denied, 165; motion moved, debated and negatived on division, 168.

No. 67 by Mr. McGinley re tabling recommendations by the New Brunswick Advisory Council on Seniors referred to by Sister Anne Robichaud during Public Accounts on March 23, 2006, 126; documents filed, 159, 162.

No. 68 by Mr. Kennedy re tabling documents between the Minister of Health, Department of Health, Minister of Environment, Department of Environment, Minister of Supply and Services, Department of Supply and Services, River Valley Health Authority, ADI Limited and contractors involved with the Waterville Hospital project since January 1, 2003, 130.

No. 69 by Mr. Arseneault re tabling invoices, receipts, credit card receipts and claim forms submitted by Shelley Graham, formerly assistant to the Premier, currently assistant to the Minister of Post Secondary Education and Training, for expenses pertaining to meals, lodging and travel between January 1, 2003, and May 3, 2006, 135, documents filed, 153; motion withdrawn, 154.

No. 70 by Mr. Albert re tabling the absenteeism rate for health care and administrative staff of Regional Health Authority 6, including permanent, temporary, part-time, and contract employees, from 2002-03 to 2005-06, 135.

No. 71 by Mr. Doucet re tabling the journey log, maintenance log and HOBB meter reading of the government plane from February 1 to March 30, 2004, 146.

No. 72 by Mr. Albert re tabling reasons and criteria for funding for improving waste disposal equipment at a sea product processing plant, number of applications, plants, and amounts received from April 1, 2003 to May 12, 2006, 151; documents filed, 190.

No 73 by Mr. MacIntyre whereas the gap between New Brunswickers and other Canadians has increased in real personal income, real personal disposable income, and real labour income, by an average of 1.56% between 2001 and 2005, be it resolved that this House condemns the poor performance of the government on creating prosperity, 154; unanimous consent to consider motion, motion moved, debated, question put, motion defeated, 158.

No. 74 by Mr. Doherty that whereas approximately 40,000 families and individuals in New Brunswick currently live in inadequate housing units and situtations, be it resolved that this Legislature urge government to table a comprehensive housing strategy with clear timelines and targets by October 15, 2006, 155; unanimous consent to vary the Order, 158; motion moved, 162; debated, question put, motion defeated, 163.

No. 75 by Mr. Jamieson that whereas global warming is a growing threat to people’s health and there is an absence of federal leadership and provincial legislated targets, be it resolved that this Legislature call upon the government to introduce legislation setting out clear targets for reduction of greenhouse gas emissions by December 31, 2006, 160; motion moved, debated, question put, motion defeated, 186.

No. 76 by Hon. Mr. Harrison pursuant to a resolution of the House adopted May 3, 2006, not to concur in the Report of the Committee of Supply dated May 3, 2006, this Assembly instructs the Committee of Supply to reconsider the supply resolutions for the Department of Transportation for the fiscal year 2006-2007, 165; motion moved, debated, question put, motion carried, 186.

No. 77 by Mr. S. Graham re tabling a copy of Prime Minister Stephen Harper’s letter to the provinces during last winter’s federal election campaign that promised an equalization formula based on an average of 10 provinces and excluding resource revenues, 165.

No. 78 by Mr. S. Graham that the Legislative Assembly reaffirms its commitment to section 36(2) of the Constitution Act 1982 and the principle of making equalization payments to ensure provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation; recognizes the fundamental importance of the provision of equalization payments as an essential characteristic of the Canadian federation; and call upon the Government of Canada to enhance the current equalization program, by using a ten province model and including all revenue from non-renewable resources, to ensure it meets its constitutional mandate, 166; motion moved, debated, 203; amendment proposed and withdrawn, 204; amendment proposed, debated and carried, 205; motion carried as amended, 206.

No. 79 by Mr. V. Boudreau re tabling documents pertaining to the New Brunswick Hospital System Performance Measurement Initiative, the Balanced Scorecard Report of the Results submitted to the Department of Health & Wellness by the Provincial Utilization Management Coordinating Committee in October 2002, 167.

No. 80 by Mr. Paulin re tabling documents between January 1, 2004, and December 1, 2005, concerning the efforts made by Business New Brunswick to convince Research in Motion to establish a business enterprise in New Brunswick, 167.

No. 81 by Mr. Arseneault re tabling documents since June 1, 2003, pertaining to Eel River Bar First Nations’s Aboriginal Heritage Garden, as well as any recommendations and time lines presented to the Minister of Regional Development Corporation for the completion of the Aboriginal Heritage Garden, 180.

No. 82 by Mr. Stiles that the Legislative Assembly of New Brunswick supports the policy decision of the new Government of Canada to discontinue the long-gun registry and to protect the rights and assets of law abiding firearms owners; and requests the government continue to respect its commitments made at the time of the closure of CFB Chatham by replacing the 200 jobs associated with the long-gun registry in the Miramichi region with employment of similar quantity and quality, 181; motion moved, debated, 192; amendment proposed, debated, 193; amendment defeated, 194; question put on main motion, motion carried, unanimously on recorded division, 194.

No. 83 by Mr. Huntjens that the Legislative Assembly call upon Canada Post to continue providing rural mail delivery in New Brunswick, 185; motion moved, debated, amendment proposed, 235; amendment debated and negatived on recorded division, question put on motion, motion carried, 236.

No. 84 by Hon. Mr. Harrison that pursuant to Standing Rule 109, the estimates of certain departments be referred to the Standing Committee on Estimates which shall report those Estimates back to the House for concurrence therein, 186; notice dispensed, motion moved, carried, 187.

No. 85 by Hon. Mr. Harrison that notwithstanding the Special Order of the House adopted December 23, 2005, when the Assembly adjourns on June 9, 2006, it shall stand adjourned until Tuesday, June 13, 2006, at 1 o’clock p.m., at which time the House shall continue to meet until Wednesday, June 21, 2006 to transact its business; when it adjourns on Wednesday, June 21, 2006, it shall stand adjourned until Wednesday, October 18, 2006; and establishing a sessional calendar for 2007, 188; notice dispensed, motion moved, carried, 189; unanimous consent that Motion 85 be deemed read into the record on the day it was carried, 212.

No. 86 by Hon. Mr. Harrison that all Estimates selected for consideration by the Standing Committee on Estimates be deemed to be passed if not passed by the Committee and reported back to the House by June 16, 2006; all other Estimates remaining for consideration by the Committee of Supply be deemed to be passed by the Committee if not passed and reported back to the House by June 16, 2006, 189; notice dispensed, motion moved, carried, 189.

No. 87 by Hon. Mr. Harrison that the order referring Bill 45, An Act to Amend the Education Act to the Committee of the Whole House be discharged and the Bill referred to the Standing Committee on Law Amendments, 189; notice dispensed, motion moved, carried, 189.

No. 88 by Mr. Albert re tabling documents pertaining to the trip in May 2006 to Romania of which Minister Mockler and delegation attended meetings regarding La Francophonie, 191.

No. 89 by Mr. MacIntyre re tabling documents between the Government of New Brunswick and the Government of Nova Scotia pertaining to gas price regulation, including the possible harmonization of gas price regulations between the two provinces, 192; documents filed, 251.

No. 90 by Mr. Murphy that the Legislative Assembly require the Minister of Finance to apologize to this House for disregarding the Financial Administration Act, 195; motion moved, debated, unanimous consent to limit time, question put, motion defeated, 212.

No. 91 by Mr. Jamieson that whereas June 4-10, 2006 is recognized as National Environment Week, air quality, water protection and protection of our quality of life are the fundamental responsibilities of the Department of Environment, be it resolved that the Legislative Assembly condemn the government’s failure to protect the environment, 196; motion made, debated, question put, motion defeated, 219.

No. 92 by Ms. C. Robichaud re tabling documents from the departments of Family and Community Services and Education pertaining to the planning and development of the pre-Kindergarten program from January 1, 2005 to present that was announced by the Premier in the December 2005 Speech from the Throne, 200.

No. 93 by Hon. Mr. Harrison that Bills 19, 33, 38, 39, 48, 49, 50 and 63 be ordered for third reading forthwith, 200; notice dispensed, question put, motion carried, 200.

No. 94 by Mr. Lamrock re tabling documents between the government of New Brunswick and Canada Post Corporation and/or the Government of Canada from May 1, 2006 to the present regarding the disruption of home delivery of mail to rural New Brunswick residents, 209, documents filed, 251.

No. 95 by Mr. Albert re tabling documents concerning woodcutting on Village historique acadien land, including reports, e-mails, faxes, minutes of meetings, handwritten notes, the reasons for this woodcutting, the number of acres cut, the number of cords of wood, the net profit, the silvicultural work carried out, and the numbers of the stands affected by this cutting (according to the forest management plan for the Village historique acadien, August 1987), from April 1, 2004, to March 31, 2006, 211; documents filed, 251.

No. 96 by Dr. Doherty re tabling documents pertaining to the internal employee survey referred to by Minister Dubé in the article ”Social Working Conditions” in the Telegraph Journal on June 2, 2006, 214.

No. 97 by Mr. Lamrock re tabling financial documentation regarding the costs to the Department of Family and Community Services of printing and distributing a printed placemat entitled “Mes attitudes et mes choix face à vie” in restaurants in and around the City of Edmundston, 214; documents filed, 251.

No. 98 by Hon. Mr. Mockler that whereas UNESCO adopted, by an overwhelming majority, the Convention on the Protection and Promotion of the Diversity of Cultural Expressions at its 33rd General Conference on October 20, 2005; and the convention recognizes cultural diversity as a common heritage of humanity be it resolved that the Legislative Assembly adopt the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 217; notice dispensed, motion moved, 236; debated and carried, 237.

No. 99 by Mr. Lamrock that the Legislative Assembly urge the government to undertake reform of social assistance, training, tax credit, education and child care programs to give more help to working New Brunswick families living in poverty, 225.

No. 100 by Hon. Mr. Harrison that the proceedings of the Standing Committee on Estimates held in the Legislative Assembly Chamber on June 1, 5, 6, 7, 8 12, 13, 14, and 15, 2006, to consider the estimates referred by resolution of the House adopted June 1, 2006, be included in the Journal of Debates for the Third Session of the Fifty-fifth Legislature of the Province of New Brunswick, 225; notice dispensed, motion made, carried, 225.

No. 101 by Hon. Mr. Harrison that pursuant to Standing Rule 77, the Order for referral of Bills 76, 83, 84, and 85 to the Committee of the Whole House be discharged and that with the unanimous consent of the House said Bills, together with Bill 75, be ordered for third reading forthwith, 228; notice dispensed, motion moved, carried, 228.

No. 102 by Mr. Lamrock re tabling documents between N.B. Power Corporation and Carbones del Cerrejon, the Cerrejon Mine and/or the EI Cerrejone Zona Norte coal project, 230.

No. 103 by Mr. Arseneault re tabling a report which identifies the results and recommendations concerning the electric fence pilot project that was undertaken following the increase in moose collisions in the area of Belledune, 230; documents filed, 251.

No. 104 by Mr. Ouellette re tabling documents from the Departments of Local Government and Finance pertaining to the procedure in which the federal/provincial gas tax rebate will be distributed to unincorporated areas in the province of New Brunswick, including a complete list of any and all projects that have received funding to date, 245.

No. 105 by Mr. R. Boudreau re tabling documents pertaining to the Jardin botanique du NB of St. Jacques, New Brunswick, 245.

No. 106 by Hon. Mr. Harrison that when the House adjourns on June 22, 2006, it stands adjourned until Wednesday, October 18, 2006, 248; notice dispensed, motion moved, carried, 248.

No. 107 by Hon. Mr. Harrison that Standing Rule 104(1) be suspended and the membership of the Legislative Administration Committee be amended, 248; notice dispensed, motion moved, carried, 248.

No. 108 by Hon. Mr. Harrison deleting membership of standing committees and substituting certain names, 248; notice dispensed, motion moved, carried, 248.

No. 109 by Hon. Mr. Harrison that the House appoint a Select Committee on Literacy, 250; notice dispensed, motion moved, carried, 248.

O Order, points of, By Mr. Lamrock, Member for Fredericton-Fort Nashwaak, that the Member for

Petitcodiac used unparliamentary language; Mr. Stiles withdrew the remark, 27. By Mr. S. Graham, Member for Kent, regarding Bill 23. An Act Respecting the

Regional Health Authorities Act, [Private Member’s Public Bill], motion for second reading debated, motion negatived on casting vote of Speaker, 41; point of order requesting the Speaker give reasons for casting vote in the negative, Speaker advises he is not required to give reasons, 41.

By Mr. Allaby, Member for Fundy Isles, that Mr. MacDonald, Member for Mactaquac, had improperly referred to the absence of a Member; Speaker rules the point well taken, 51.

By Hon. Mr. Harrison, Government House Leader, Member for Hampton-Belleisle, that a reply by the Member for Fredericton-Fort Nashwaak to a Minister’s statement was not brief; Speaker advises that reply was within prescribed time, 95.

By Mr. Jamieson, Member for Saint John-Fundy, that a statement by Mr. Sherwood, Member for Grand Bay-Westfield, was a personal attack; Speaker requested Members refrain from personal attacks, 95.

By Mr. Lamrock that the rules re Congratulatory Messages were not being followed and today’s messages were of political nature; Speaker rules point well taken, 97.

By Mr. Lamrock inquiring why Bill 35 was not the first Bill ordered for second reading; Speaker advises that when debate on second reading is adjourned over, it is placed under adjourned debates to be called at the discretion of the government, 110.

By Hon. Mr. Harrison that questions posed by Mr. Murphy, Member for Moncton North, during Oral Questions infringed Standing Rule 49 and referred to a matter pending in a court; Speaker took the matter under advisement, 121; Speaker rules that Members who ask and Members who answer questions exercise special care to ensure that a matter that is before the courts is not prejudiced by comments in the House, 143.

By Mr. Branch, Member for Nepisiguit, regarding an article that appeared in the Telegraph-Journal on Thursday, April 27, 2006, 129; Hon. Mr. Green, Minister of Health and Attorney General, Member for Fredericton South, rose on the point of order that the Member was abusing the privileges of Standing Rule 10 by putting forth a personal defence to a legal allegation, 129.

By Hon. Mr. Holder, Minister of Environment, Member for Saint John Portland, that the Member for Fredericton-Fort Nashwaak had used unparliamentary language when he question the “honesty” of Hon. P. Robichaud, Minister of Transportation; Mr. Lamrock withdrew comments, 129.

By Hon. Mr. Fitch, Member for Riverview, that Mr. Jamieson was not directing his comments through the chair. Deputy Speaker rules point well taken, 136.

By Mr. Lamrock requesting why Mr. Jamieson was called to order when posing a question to a Minister as the Member had directed his questions through the chair and referred to the Minister in the third person; Speaker acknowledges that a Member is not required to directly pose questions in direction of Speaker and rules point well taken, 144.

By Hon. Mr. Harrison that the Member for Nepisiguit was putting forth a personal defence to allegations, which did not relate to a proceeding of the House, following Mr. Branch’s complaint re an article published in the Telegraph-Journal on May 5, 2006, and in L’Acadie Nouvelle on May 6, 2006, 146; Speaker requested Member direct comments to the published articles, 146.

By Hon. Mr. Harrison that supplementary questions relate to same subject as the main question; Mr. Lamrock submits that subject matter is broad in nature and should be enforced at discretion of Speaker; Speaker took matter under advisement, 148.

By Mr. Lamrock that the Speaker remind Members to refrain from using the time reserved for Congratulatory Messages to applaud political or government initiatives; Speaker rules the point well taken, 154.

By Hon. Mr. Harrison that the words “fraudulent” and “illegal” used by Mr. Murphy in referring to the actions of Hon. Mr. Volpé, Minister of Finance, Member for Madawaska-les-Lacs, were unparliamentary; Speaker undertakes to review the Hansard and report back if necessary; 188; Speaker finds the use of the words unparliamentary and requests that Mr. Murphy withdraw the offending remarks; Member for Moncton North complies, 201.

By Mr. Lamrock that time limits on Introduction of Guests and Congratulatory Messages be respected for the remainder of the session; Hon. Mr. Harrison concurrs and agrees that the relevant rules should be respected; Speaker takes comments under advisement, 196.

By Hon. Mr. Harrison that Mr. Arseneault withdraw the term “lied” in reference to the government; the Member for Dalhousie-Restigouche East withdraws the remark, 200.

By Mr. Murphy, Member for Moncton North, that during Statements by Members, Ms. Blaney had accused him of making a “sexist” remark in a previous debate and requested that Ms. Blaney apologize for the remark or face a lawsuit for having repeated the remarks outside the House. Deputy Speaker takes matter under advisement, 193; Deputy Speaker finds the matter involves order, not privilege and rules he must accept both Members at their word, 202, 203.

By Ms. Blaney, Member for Saint John-Kings, that comments by the Member for Moncton North were an attempt to intimidate a Member of the House and gives notice of her intention to move that the matter of the Member for Moncton North serving a civil proceeding on the Member for Saint John Kings within the precincts of the House be referred to the Standing Committee on Privileges, 195, 197; Speaker takes under advisement, 198. Speaker rules that the delivery of a Notice of Action in the precincts of the House was improper, 231-235.

By Mr. Lamrock that Hon. Mr. Fitch, the Minister of Justice had referred to the absence from the Chamber of Mr. Burke, the Member for Fredericton North, during the previous day’s sitting; Speaker rules the point well taken and informs Members that they would be called to order if this practice continued, 214.

By Hon. Mr. Mockler, Member for Madawaska-la-Vallée, Minister of Wellness, Culture and Sport, that Mr. Targett, the Member for York, withdraw the term “misled” with respect to the Premier’s actions; Deputy Speaker undertakes to review the transcripts and report to the House, if necessary, 218.

By Mr. Lamrock that in his answer to certain questions, Hon. Mr. Steeves, Member for Albert, Minister of Public Safety, neglected to take responsibility for his Department; Speaker rules that Ministers are entitled to respond to questions on behalf of the government and it is not the duty of the Speaker to interfere, 252.

P Pages, Introduced or recognized, 15, 126, 129.

Petitions, No. 1 by Mr. C. LeBlanc in support of Daniel LeBlanc’s efforts to restore the

Petitcodiac River, 15.

No. 2 by Mr. Landry requesting that the government improve Route 345, Route 335, Centre Road, Comeau Road, North Waugh River Bridge and zero tolerance for heavy transport trucks on Route 345, 15.

No. 3 by Mr. Doucet in support of keeping Emergency Room/Outpatient Services at Charlotte County Hospital open 7 days a week, 24 hours a day, 27.

No. 4 by Ms. Robichaud requesting government maintenance of de l’tang Street in Brantville and school bus routes, 33.

No. 5 by Mr. Kenny requesting the government implement recommendations of the Ombudsman and the Coalition for Nursing Home Rights and financing nursing home care under the Medicare Act, 38.

No. 6 by Ms. Robichaud urging the government to designate the Winston Road in Oak Point for maintenance, 38.

No. 7 by Ms. Robichaud urging the government to provide access for Beaverbrook area residents to the new highway on the Miramichi, 42.

No. 8 by Ms. Robichaud urging designation of the Gum Road in Bartibog Bridge for maintenance, 42.

No. 9 by Mr. Paulin urging retention of Rendez-vous-des-Jeunes School in Saint-Arthur for a number of reasons, 48.

No. 10 by Mr. A. LeBlanc imploring the government to ensure that the proposed increases to power rates by NBPower are not allowed, 87.

No. 11 by Mr. Haché imploring the government to ensure that the proposed increases to power rates by NBPower are not allowed, 87.

No. 12 by Mr. Paulin requesting that Restigouche not lose a seat in the Legislative Assembly and that the riding be kept intact, 87.

No. 13 by Mr. Paulin requesting repairs to certain roads including Routes 17 and 275, 87.

No. 14 by Mr. Arseneault expressing the concern of workers from the Dalhousie Bowater Maritimes Woodlands Division regarding increases in electricity rates, 87.

No. 15 by Mr. S. Graham requesting improvements to the road from Kent Lake Corner to the Kent Lake Lodge Road, 91.

No. 16 by Mr. Paulin requesting that Restigouche not lose a seat in the Legislative Assembly and that the riding be kept intact, 93.

No. 17 by Mr. Foran opposing decision of Directors of Miramichi Region 7 Health Authority to terminate employment of Dr. Jamil Shaikh, nephrologist, 97.

No. 18 by Ms. Robichaud opposing decision of Directors of Miramichi Region 7 Health Authority to terminate employment of Dr. Jamil Shaikh, nephrologist, 97.

No. 19 by Mr. Brewer opposing decision of Directors of Miramichi Region 7 Health Authority to terminate employment of Dr. Jamil Shaikh, nephrologist, 97.

No. 20 by Mr. S. Graham urging government to provide equal ambulance service for the residents of Kent County’s four regions and to adopt public, hospital-based ambulance service, 108.

No. 21 by Mr. Doherty urging the government to change the regulations under the New Brunswick Victims Services Act to compensate innocent individuals, such as children, 132.

No. 22 by Mr. Landry expressing concerns that the budget contains nothing for the poor or the people on social assistance, 132.

No. 23 by Mr. Foran urging government to limit heavy traffic on Highway 118/Island View Drive, 135.

No. 24 by Mr. Branch urging the government to reconsider the move of Fero Waste and Recycling Facility from Miramichi Ave. to Big River Road, 157.

No. 25 by Mr. Sherwood urging the government to investigate rural education in the province, 164.

No. 26 by Mr. Kennedy concerning the water rights to Plant Brook on the land of Jerome Bowmaster, 195.

Privilege, Point or Question of, By Hon. Mr. Harrison, notice of his intention to move that the subject matter of

the letter from the Member for Saint John Lancaster published in today’s edition [April 6, 2006] of the Telegraph-Journal be referred to the Standing Committee on Privileges, 97; Speaker advises the matter would be dealt with in the required time, 97; Speaker takes matter under advisement, 100; Speaker rules that the matter did not constitute a prima facie case of Question of Privilege; 106; however, the letter was in poor taste and suggests the Member apologize to the House, 108.

By Mr. Branch, Member for Nepisiguit, to complain of an article published in L’Acadie Nouvelle on April 25, 2006, 121.

By Mr. Branch, Member for Nepisiguit, regarding an article that appeared in the Telegraph-Journal on Thursday, April 27, 2006, 129; Hon. Mr. Green, Member for Fredericton South, rose on the point of order that the Member was abusing the privileges of Standing Rule 10 by putting forth a personal defence to a legal allegation, 129.

By Mr. Branch, Member for Nepisiguit, to complain of an article published in the Telegraph-Journal on May 5, 2006, and in L’Acadie Nouvelle on May 6, 2006, 146; Hon. Mr. Harrison rose several times on a point of order that the Member was putting forth a personal defence to allegations, which did not relate to a proceeding of the House, 146; Speaker requests Member to direct comments to the published articles, 146.

By Mr. Murphy, Member for Moncton North, that during Statements by Members, Ms. Blaney had accused him of making a “sexist” remark in a previous debate and requested that Ms. Blaney apologize for the remark or face a lawsuit for having repeated the remarks outside the House. Deputy Speaker takes matter under advisement, 193; Deputy Speaker finds the matter involves order, not privilege and rules he must accept both Members at their word, 202, 203.

By Ms. Blaney, Member for Saint John-Kings, that comments by the Member for Moncton North were an attempt to intimidate a Member of the House and gives notice of her intention to move that the matter of the Member for Moncton North serving a civil proceeding on the Member for Saint John Kings within the precincts of the House be referred to the Standing Committee on Privileges, 195, 197; Speaker takes under advisement, 198. Speaker rules that the delivery of a Notice of Action in the precincts of the House was improper, 231-235.

By Mr. Doucet, Member for Charlotte, concerning a broadcast on CBC radio in which the Minister of Energy referred to him in inaccurate context, 208.

Proclamation, 1.

R Recorded Votes,

Bills (Recorded Votes), Bill 2, Fiscal Responsibility and Balanced Budget Act, motion for second reading

debated, 28; amendment proposed to discharge order and refer subject matter to Law Amendments Committee, debated, question put, amendment negatived on casting vote of Speaker, 29; Speaker’s statement, 29; motion for second reading carried, read second time, 30; Committee of the Whole and agreed to, 238; read third time, 245. R.A., 253.

Bill 23, An Act Respecting the, Regional Health Authorities Act, motion for second reading debated, motion negatived on casting vote of Speaker, 41; point of order requesting the Speaker give reasons for casting vote in the negative, Speaker advises he is not required to give reasons, 41.

Bill 25, An Act to Amend the Child and Youth Advocate Act, motion for second reading debated, question put, recorded division requested, resolved in the affirmative on the casting vote of the Speaker, Speaker’s statement re same, 56; second statement following request for clarification, 56; read second time, 56.

Bill 47, An Act to Amend the Conflict of Interest Act, read first time, 115; motion for second reading debated, amendment proposed to discharge order and refer subject matter to Law Amendments Committee, 122, amendment debated, question put, amendment carried on casting vote of Speaker, 123.

Bill 59, Construction Labour Mobility Act, read first time, 132; motion for second reading debated and defeated on the casting vote of the Speaker, 137.

Bill 81, Energy and Utilities Board Act, motion for third reading carried on recorded division, 253.

Bill 82, Petroleum Products Pricing Act, amendment defeated on casting vote of Speaker during Committee of the Whole, 247; motion for third reading carried on recorded division, 251.

Motions (Recorded Votes), On motion of that when the House adjourns on December 23, 2005, it stand

adjourned until Tuesday, March 28, 2006, 19; motion made, debated, carried in the affirmative on the casting vote of the Speaker, 20.

On Motion 2, negatived on casting vote of Speaker, 36. On Address in reply to the speech of His Honour the Lieutenant-Governor at

opening of House, moved and seconded, 14; debated and adjourned over, 14, debate resumed, 23; amendment proposed, 23; debated and adjourned, 26, 32, 37, 41, 44, debate ended, question put on amendment, recorded division requested, 45, resolved in the negative on the casting vote of the Speaker, 45; question put on main motion (the address in reply), recorded division requested, 46; resolved in the affirmative on the casting vote of the Speaker, 47; ordered to be engrossed and presented, 47; Committee to present same appointed, 47; Lieutenant-Governor’s reply thereto, 221.

On Motion 19 that House approves in general the capital budgetary policy of the government, 39; motion made, debated, amendment proposed, debated, point of order with reference to absence of a member, Speaker rules point well taken, 51; debate adjourned, 52; debate resumed, question put, amendment negatived on casting vote of Speaker, 57; statement re same, 57; question put on Motion 19 (Capital Budget Motion), motion carried, 57.

On Motion 28 (Budget Motion) THAT this House approves in general the budgetary policy of the government, Speaker casts vote in the affirmative, guided by principles regarding the Speaker’s casting vote on a matter of confidence, 102.

On motion that Supply be granted to Her Majesty, defeated in Committee of Supply, 103.

On motion that report of the Committee of Supply be concurred in, defeated on the casting vote of the Speaker, 104; Speaker stated that the motion defeated in Committee earlier in the day had no effect and accordingly, both the Capital and the Main estimates stood referred to the Committee of Supply, 105.

On Motion 52, motion negatived on division, 127. On Motion 54, motion negatived on casting vote of Speaker, 134. On Motion 66, motion negatived on division, 168. On Motion 82 by Mr. Stiles, motion carried unanimously on division, 194. On amendment to Motion 83; amendment negatived on division, 236.

Committee of Supply (Recorded Votes), Motions granting certain sums for Transportation Estimates negatived in

Committee of Supply, 137, 138, 139; motion of concurrence in the report defeated in House on casting vote of Speaker, 140.

Royal Assent, By Lieutenant Governor, 71; 117; 156; 254, 255.

Rulings (Statements by Speaker or Deputy Speaker), On motion that when the House adjourns on December 23, 2005, it stand

adjourned until Tuesday, March 28, 2006, 19; motion made, debated, carried in the affirmative on the casting vote of the Speaker, Speaker’s statement re same, 20.

Rules that term “deliberately mislead the House” was unparliamentary, 27. On Motion 2 moved by Mr. S. Graham regarding Child and Youth Advocacy Act,

motion negatived on casting vote of Speaker, 37; Speaker’s statement re same, 37.

On Bill 2, Fiscal Responsibility Act, motion for second reading debated, 28; amendment proposed to discharge order and refer subject matter to Law Amendments Committee, debated, question put, amendment negatived on casting vote of Speaker, 29; Speaker’s statement re same, 29; motion for second reading carried, read second time, 30.

On Bill 25. An Act to Amend the Child and Youth Advocate Act, motion for second reading debated, question put, recorded division requested, resolved in the affirmative on the casting vote of the Speaker, Speaker’s statement re same, 56; second statement following request for clarification, 56; read second time, 56.

On Motion 28 by Hon. Mr. Volpé that this House approves in general the budgetary policy of the government (Budget Motion), notice of, 53; motion made, debated and adjourned, 84, 90, 92, 94, 96, 100, 101, question put, recorded division, motion carried on the casting vote of the Speaker, 101; Speaker stated the chair was guided by principles regarding the Speaker’s casting vote on a matter of confidence, 102; on motion that Supply be granted to Her Majesty, recorded division, defeated in Committee of Supply, 103; on motion that report of the Committee of Supply be concurred in, recorded division, defeated on the casting vote of the Speaker, 104; Speaker stated that the motion defeated in Committee earlier in the day had no effect and accordingly, both the Capital and the Main estimates stood referred to the Committee of Supply, 105.

Speaker rules that the subject matter of the letter from the Member for Saint John Lancaster published in today’s edition [April 6, 2006] of the Telegraph-Journal be referred to the Standing Committee on Privileges did not constitute a prima facie case of Question of Privilege; 106; however, the letter was in poor taste and suggested the Member for Saint John Lancaster apologize to the House, which he did, 108.

Speaker rules the point of Hon. Mr. Green that the Member for Nepisiguit was putting forth a personal defence to a legal allegation was an abuse of privilege well taken, 129.

Speaker rules that all Members who ask and Members who answer questions exercise special care to ensure that a matter that is before the courts is not prejudiced by comments in the House, on the point of order of Government House Leader Harrison that the Member for Moncton North was pursuing a line of questions on a matter before the courts, 144.

By Hon. Mr. Harrison that Mr. Arseneault withdraw the term “lied” in reference to the government; the Member for Dalhousie-Restigouche East withdrew the remark, 200.

Deputy Speaker takes the matter of Mr. Murphy’s point that during Statements by Members, Ms. Blaney had accused him of making a “sexist” remark in a previous debate and requested that Ms. Blaney apologize for the remark or face a lawsuit for having repeated the remarks outside the House under advisement, 193; Deputy Speaker finds the matter involves order, not privilege and rules he must accept both Members at their word, 202, 203.

Speaker rules that the delivery of a Notice of Action in the precincts of the House was improper re Ms. Blaney’s point that comments by the Member for Moncton North were an attempt to intimidate a Member of the House. She gives notice of her intention to move that the matter of the Member for Moncton North serving a civil proceeding on the Member for Saint John Kings within the precincts of the House be referred to the Standing Committee on Privileges, 195, 197; Speaker takes under advisement, 198. Speaker’s Ruling, 231-235.

Speaker rules point well taken and informed Members that they would be called to order if this practice continued re Mr. Lamrock’s point that Hon. Mr. Fitch, the Minister of Justice had referred to the absence from the Chamber of Mr. Burke, the Member for Fredericton North, during the previous day’s sitting, 214.

Deputy Speaker advises he will review transcripts and report to the House, if necessary, re Hon. Mr. Mockler’s point that Mr. Targett, the Member for York, withdraw the term “misled” with respect to the Premier’s actions; 218.

Speaker rules that Ministers are entitled to respond to questions on behalf of the government and it is not the duty of the Speaker to interfere re Mr. Lamrock’s point that in his answer to certain questions, Hon. Mr. Steeves, Minister of Public Safety, had neglected to take responsibility for his Department, 252.

Speaker or Deputy Speaker, Introduces Pages, 15, 126, Offers to reread His Honour’s speech, reading dispensed, 13. Motion that John Betts, Member for Moncton Crescent, be appointed Deputy

Speaker, 19. Casting votes of, 20; 29; 37; 41; 45, 46, 56, 57, 101, 104, 123, 134, 137, 140 [Report of

the Committee of Supply], 247. Grants permission to dispense with rereading amendment to Speech from the

Throne, 26. Tables Auditor’s Report on the Accounts of the Auditor General of the Province of New

Brunswick for the fiscal year ended 31 March 2005, 42. Advises that the ordinary time of daily adjournment had arrived, 37, 41, 52, 92,

94, 96, 109, 120, 147. Resignation of Speaker Bev Harrison, 81. Election of Michael Malley as Speaker, 81; Speaker acknowledges the honour

conferred on him by the House, 82; Speaker presented for His Honour’s approval, 83.

Informs House that reply was within prescribed time re Hon. Mr. Harrison’s submission that Mr. Lamrock’s reply to a Minister’s statement was not brief, 95.

Requests that Members refrain from personal attacks, 95, 110. Rules Mr. Lamrock’s point that the rules re Congratulatory Messages were not

being followed and today’s messages were of a political nature well taken, 97. Advises of the point of privilege and intention of Hon. Mr. Harrison to move that

the subject matter of the letter from the Member for Saint John Lancaster published in today’s edition of the Telegraph-Journal [April 6, 2006] be referred to the Standing Committee on Privileges, would be dealt with in the required time, 97; Speaker hears comments and takes matter under advisement, 100; rules that the matter did not constitute a prima facie case of Question of Privilege; 106; however, the letter was in poor taste and suggests the Member apologize to the House, which he did, 108.

Announces his intention to rejoin the Progressive Conservative caucus, 114. Requests that the Member for Caraquet withdraw certain comments, which he

did, 113. Takes under advisement the point of order of Hon. Mr. Harrison that questions

by Member for Moncton North during Oral Questions infringed Standing Rule 49 and referred to a matter pending in a court, 121.

Rules that point of order of Hon. Mr. Fitch, Member for Riverview, that Mr. Jamieson was not directing his comments through the chair well taken, 136.

Acknowledges that a Member is not required to directly pose questions in direction of Speaker and rules point by Mr. Lamrock, requesting why Mr. Jamieson was called to order as the Member had directed his questions through the chair and had referred to the Minister in the third person, well taken; 144.

Rules Mr. Lamrock’s point that Members to refrain from using the time reserved for Congratulatory Messages to applaud political or government initiatives well taken, 154.

Reminds Members to refrain from referring to Members by name, 180. Takes under advisement Mr. Lamrock’s point of order, 196. Recognizes Ms. Blaney to speak on matter of privilege, 198. Reminds Members to adhere to time limits of Standing Rules 200. Reminds Members to refrain from personal attacks, 208. Advises he will review transcript and report to House if necessary re Mr.

Mockler’s point of order, 218.

Speech from the Throne, At Opening, 2.

At Adjournment, 255.

Supply, Committee of Supply [Capital Estimates - Motion 19], resolution that supply be

granted, 58. Lieutenant-Governor’s message with Main Estimates for the fiscal year ending

March 31, 2007, tabled, 83; Motion 28 debated and adjourned, 84, 90, 92, 94, 96, 100, 101, question put, recorded division, motion carried on the casting vote of the Speaker, 101, Speaker stated the chair was guided by principles regarding the Speaker’s casting vote on a matter of confidence, 102; on motion that Supply be granted to Her Majesty, defeated in Committee of Supply, recorded division, 103; on motion that report of the Committee of Supply be concurred in, recorded division, defeated on the casting vote of the Speaker, 104; Speaker stated that the motion defeated in Committee earlier in the day had no effect and accordingly, both the Capital and the Main estimates stood referred to the Committee of Supply, 105.

House resolves itself into Committee of Supply to consider Main Estimates, 128, 130, 137; motions granting certain sums for Transportation Estimates negatived in Committee of Supply, 137, 138, 139; motion of concurrence in the report defeated in House on casting vote of Speaker, 140; committee considers estimates, 142, 145, 149, 152, 155, 158, 161, 163, 164, 165, 169, 182, 189, 194, 198, 206, 209, 213, 215, 219, 226.

See also: Motion 84 referring certain estimates to Standing Committee on Estimates, 186, First Report of Standing Committee on Estimates, 221.

T Throne Speech, 2.

Tributes, 15, 48, 83, 118, 191, 230.

U Unanimous consent (denied), To move Motion 40 [Recommendations contained in Procedure Report], 75. To take into consideration Motion 66, 165. To revert to the order of Presentations of Committee Reports, 166. To proceed with the vote on Motion 66 by secret ballot, 168. To allow the Opposition to table a dissenting Report to the Third Report of the

Standing Committee on Procedure, 180.

Unanimous consent (granted), To extend the time allotted for oral questions, 16, 225.

To dispense with notice and move Motion 1, 16; Motion 40, 79; Motion 45, 79; Motion 46, 80; Motion 84, 186; Motion 85, 189; Motion 86, 189; Motion 87, 189; Motion 93, 200; Motion 100, 225

Motion 98, 236; Motion 106, 248; Motion 107, 248; Motion 108, 248; Motion 109, 249. To continue sitting past the ordinary hour of adjournment or to vary the hours of

sitting, 17, 28, 76, 83, 224, 228. To defer second reading of Bills 2 through 9, 23; Bill 24, 43; Bills 30, 31 and 32, 84;

Bill 32, 89; Bills 33 through 42, 100; Bill 46, 113, 116; Bill 79, 214; Bills 81 and 82, 226.

To dispense with rereading the proposed amendment to the motion for An Address in Reply to the Speech from the Throne, 26.

To dispense with the ringing of the bells, 45, 46, 133, 137. To table documents, 149. To dispense with the remaining time allotted for Private Members Motions, 51,

152; to dispense with Private Members’ Motions, 252. To vary the orders of the day, 51, 116, 158, 226, 227. That Bill 27 be read a second time forthwith, 69; Bills 83, 84 and 85, 227. That Bills 26 and 27 be considered in Committee of the Whole forthwith, 70; Bills

34, 35, 8 and 28, 116; Bills 83, 84 and 85, 228; Bill 77, 229. That bills 3, 6, 26, and 27 be read a third time forthwith, 70; Bills 8, 28, 34 and 35

be read a third time forthwith, 117; Bills 76, 83, 84 and 85, 228; Bill 77, 229; Bills 18, 20, 51, 54, 71, 74, 82, 250; Bill 81, 253.

Fixing the time of adjournment, 84, 248. To limit debate on Motion 41 to one speaker from each recognized party and the

traditional summation by the mover, 99; to limit the time reserved for Private Members’ Motions, 162, 186, 200, 212, 218 and 231.

To rescind the Order referring Bill 57 to the Committee of the Whole House and order for third reading forthwith, 141; Bill 57, 141; Bills 19, 33, 38, 39, 48, 49, 50 and 63, 200; Bills 83, 85, 85, 228; Bills 18, 20, 51, 54, 71, 74, and 82, 250; Bill 81, 253.

To allow Hon. Mr. Volpé to withdraw an amendment to Motion 78 and substitute another, 204.

That Motion 85 resolved June 2, 2006, be deemed read into the record in its entirety, 212; Motion 98, 236.

Unparliamentary language, 27, 108, 113, 129, 188, 200, 201, 203, 218.

V

Votes (Recorded or Division),

See recorded votes.

W

Welcomes, 15, 91, 97, 99, 116, 118, 126, 129, 154, 163, 170, 191, 211, 215.