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(The electronic version of the following Journal
of the Legislative Assembly is for information purposes only.
The printed version remains the official version.)

No. 29

Tuesday, February 11, 1997.

1 o'clock p.m.

Prayers.

Bills Introduced

The following Bills were introduced and read a first time:

By Hon. Mr. Graham,

Bill 64, An Act to Amend the Farm Products Marketing Act.

Bill 65, An Act to Amend the Farm Products Board and Marketing Agencies Act.

By Hon. Mr. Lee,

Bill 66, An Act to Amend the Public Utilities Act.

By Hon. Mr. Blanchard,

Bill 67, Appropriations Act 1997-98.

Bill 68, Loan Act 1997.

By Ms. Weir

Bill 69, An Act to Amend the Industrial Relations Act.

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

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Notices of Motions

Mr. Volpé gave Notice of Motion 103 that on Tuesday, February 18, 1997, he would move the following resolution, seconded by Mr. Robichaud:

That an address be presented to Her Honour the Lieutenant-Governor, pray-ing that she cause to be laid upon the table of the House copies of all memos, correspondence, studies, reports, proposals, contracts, Department of the Environment documents, Department of Health documents, Department of Supply and Services documents, Department of Education documents, including those of the District 18 and former District 9 School Boards, the Doaktown Consolidated High School, Fire Marshal's reports and correspon-dence, and all other pertinent documents and correspondence related to events leading to the closure of Doaktown Consolidated High School for safety reasons in 1992, including communications with and reports by Maritime Groundwater Inc., Roy Consultants, MRC Consultants, as well as any and all correspondence, studies and other pertinent documents resulting from ongoing assessment and evaluation of soil contamination, gas fumes, air quality and any other health and safety issues at the Doaktown Consolidated High School since that time until the present date.

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Hon. Mr. Valcourt gave Notice of Motion 104 that on Tuesday, February 18, 1997, he would move the following resolution, seconded by Mr. Sherwood:

That an address be presented to Her Honour the Lieutenant-Governor, praying that she cause to be laid upon the table of the House copies of all studies, proposals, contracts, documents, memos and / or correspondence between the Department of Finance, the New Brunswick Lotteries Commission and / or the Atlantic Lotteries Corporation in relation to section 6(h) of Regulation 90-142 under the Lotteries Act which refers to the amounts of prizes a video gaming device must be programmed to pay out since the inception of the video lotteries gaming scheme to today.

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Hon. Mr. Valcourt gave Notice of Motion 105 that on Tuesday, February 18, 1997, he would move the following resolution, seconded by Mr. D. Graham:

That an address be presented to Her Honour the Lieutenant-Governor, praying that she cause to be laid upon the table of the House a copy of the contract or contracts signed between the government and the New Brunswick Coin Machine Operators Association establishing the video lotteries gaming scheme as well as all correspondence, memos, reports, analysis and any other pertinent document relating to the signing of this contract or contracts.

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Government Motions re Business of House

Hon. Mr. Frenette announced that following Private Members' Motions, the House would resolve itself into a Committee of the Whole to consider legislation related to the Department of Justice, and the Department of Health and Community Services.

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Third Reading

The following Bills were read the third time.

Bill 51, An Act to Amend the Potato Disease Eradication Act.

Bill 53, An Act to Amend the Conflict of Interest Act.

Bill 54, An Act to Amend the Business Corporations Act.

Bill 55, An Act to Amend the Direct Sellers Act.

Ordered that the said Bills do pass.

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Second Reading

The Order being read for second reading of Bill 61, An Act to Amend the Days of Rest Act, a debate arose thereon.

And the debate being ended, and the question being put that Bill 61 be now read a second time, it was resolved in the affirmative.

Accordingly, Bill 61, An Act to Amend the Days of Rest Act, was read a second time and ordered referred to the Committee of the Whole House.

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The Order being read for second reading of Bill 62, An Act to Amend the Employment Standards Act, a debate arose thereon.

And the debate being ended, and the question being put that Bill 61 be now read a second time, it was resolved in the affirmative.

Accordingly, Bill 62, An Act to Amend the Employment Standards Act, was read a second time and ordered referred to the Committee of the Whole House.

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The following Bill was read the second time and ordered referred to the Committee of the whole House:

Bill 63, An Act to Amend the Real Property Tax Act.

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Private Members' Motions

Debate resumed on the subamendment to the amendment to Motion 66, moved by Mr. Volpé, seconded by Mr. Sherwood, as follows:

SUBAMENDMENT

THAT the amendment be amended by:

adding the following words between the words "consultation" and "before": "throughout every region in New Brunswick"

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

            YEAS - 5 
Mr. Robichaud              Mr. Mockler                 Mr. D. Graham 
Hon. Mr. Valcourt          Mr. Volpé 
            NAYS - 37 
Hon. Mr. Duffie            Hon. Mr. Savoie            Ms. de Ste. Croix 
Hon. Mr. Blanchard         Mrs. Jarrett               Mr. Kavanaugh 
Hon. Mr. Frenette          Mr. McAdam                 Mr. Flynn 
Hon. Mr. Graham            Hon. Mr. Richard           Mr. DeGrâce 
Hon. Mr. Lee               Hon. Mrs. Day              Mr. O'Donnell 
Hon. Mr. King              Mr. Allaby                 Mr. MacDonald 
Hon. Mrs. Barry            Mr. Steeves                Mr. Byrne 
Hon. Mr. Blaney            Mr. Wilson                 Mr. MacLeod 
Mr. McKay                  Mr. LeBlanc                Mr. D. Landry 
Hon. B. Thériault          Mr. Jamieson               Mr. Armstrong 
Hon. C. Thériault          Mr. A. Landry              Mr. Devereux 
Hon. Mr. Tyler             Mr. Johnson                Mrs. Kingston 
Hon. Mrs. Mersereau 

Mr. Speaker put the question on the amendment to Motion 66, moved by Mr. Robichaud, seconded by Mr. D. Graham, as follows:

AMENDMENT

That Motion 66 be amended by adding the following paragraph at the end of the motion:

"BE IT FURTHER RESOLVED that the new model be subject to public consultation before its implementation."

And a recorded vote having been requested,

Hon. Mr. Frenette rose on a Point of Order, his point of order being that a recorded division can only be requested by two Members after the Speaker has stated that in his opinion the yeas or the nays have it, and that in this instance the Chair had not completed the voice vote as required by the Standing Rules.

Mr. Speaker ruled the Point of Order well taken, that in future he would ensure that the provisions of the Standing Rules were followed; at this time, he would proceed with the recorded vote on the amendment.

And the question being put, the amendment was negatived on the following recorded division:

            YEAS -6 
Mr. Robichaud         Mr. Mockler          Mr. Volpé 
Hon. Mr. Valcourt     Ms. Weir             Mr. D. Graham 
            NAYS - 28 
Hon. Mr. Frenette     Hon. Mr. Richard     Mr. Kavanaugh 
Hon. Mr. Graham       Hon. Mrs. Day        Mr. O'Donnell 
Mr. McKay             Mr. Allaby           Mr. MacDonald 
Hon. B. Thériault     Mr. Wilson           Mr. Byrne 
Hon. C. Thériault     Mr. LeBlanc          Mr. MacLeod 
Hon. Mr. Tyler        Mr. Jamieson         Mr. D. Landry 
Hon. Mrs. Mersereau   Mr. A. Landry        Mr. Armstrong 
Hon. Mr. Savoie       Mr. Johnson          Mr. Devereux 
Mrs. Jarrett          Ms. de Ste. Croix    Mrs. Kingston 
Mr. McAdam 

Debate was resumed on Motion 66.

And the debate being ended, and the question being put, Motion 66 was negatived on the following recorded division:

            YEAS - 6 
Mr. Robichaud          Mr. Mockler          Mr. Volpé 
Hon. Mr. Valcourt      Ms. Weir             Mr. D. Graham 
            NAYS - 33 
Hon. Mr. Duffie        Hon. Mr. Richard     Mr. Olmstead 
Hon. Mr. Frenette      Hon. Mrs. Day        Mr. Flynn 
Hon. Mr. Graham        Mr. Allaby           Mr. DeGrâce 
Hon. Mr. King          Mr. Steeves          Mr. O'Donnell 
Mr. McKay              Mr. Wilson           Mr. MacDonald 
Hon. B. Thériault      Mr. LeBlanc          Mr. Byrne 
Hon. C. Thériault      Mr. Jamieson         Mr. MacLeod 
Hon. Mr. Tyler         Mr. A. Landry        Mr. D. Landry 
Hon. Mr. Savoie        Mr. Johnson          Mr. Armstrong 
Mrs. Jarrett           Ms. de Ste. Croix    Mr. Devereux 
Mr. McAdam             Mr. Kavanaugh        Mrs. Kingston 

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Motion 47 by Mr. Robichaud was, by leave of the House, withdrawn.

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Pursuant to Notice of Motion 99 Mr. Volpé moved, seconded by Mr. Mockler:

WHEREAS the rate of unemployment has reached alarming proportions especially among our youth who in November 1996 had a rate of unemployment of 19.5% according to Human Resources Development Canada Youth Stats New Brunswick Region. This has meant that many young people must leave their communities and the province to find work;

WHEREAS there is a growing sense of desperation among the younger population of our province;

WHEREAS our society has an obligation towards all segments of the population to ensure each can develop their full potential not only for the future, but for a better society today;

BE IT RESOLVED THAT this House recommend to the government that it review its programs and policies aimed at youth by way of a special committee asked with offering better opportunities for youth and by youth.

BE IT FURTHER RESOLVED THAT this special committee be made up of youth leaders and adults and that it be given the means to undertake meaningful public consultations if so required.

And the question being put, a debate ensued.

And after some time, Hon. Mrs. Day, seconded by Hon. Mrs. Mersereau, moved in amendment:

AMENDMENT

THAT Motion 99 be amended by:

WHEREAS the rate of unemployment has reached alarming proportions especially among our youth who in November 1996 had a rate of unemployment of 19.5% according to Human Resources Development Canada Youth Stats New Brunswick Region. This has meant that many young people must leave their communities and the province to find work;

WHEREAS there is a growing sense of desperation among the younger population of our province;

WHEREAS our society has an obligation towards all segments of the population to ensure each can develop their full potential not only for the future, but for a better society today;

BE IT RESOLVED THAT this House recommend to the government that it review its programs and policies aimed at youth by way of the Interdepartmental Committee on Youth tasked with offering better opportunities for youth and by youth.

BE IT FURTHER RESOLVED THAT this special committee be made up of youth leaders and adults and that it be given the means to undertake studies as determined by the committee, including the option of public consultation.

Mr. Speaker advised that the amendment was not in proper form and that it would be necessary to modify it before the question could be put to the House.

After some time, Mr. Speaker advised that the time allotted for Private Members' Motions had expired and that on the next Private Members' day, the amendment moved by Hon. Mrs. Day would be put to the House in proper form.

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Committee of the Whole

The House resolved itself into a Committee of the Whole with Mr. MacDonald in the Chair.

And after some time, Mr. Speaker resumed the chair and Mr. MacDonald, the Chairman, after requesting Mr. Speaker revert to the Order of Presentations of Committee Reports, reported:

That the Committee had directed him to report the following Bills as agreed to:

Bill 56, An Act to Amend the Expropriation Act.

Bill 57, An Act to Amend the Proceedings Against the Crown Act.

Bill 58, An Act to Amend the Security Frauds Prevention Act.

That the Committee had directed him to report progress on the following Bill:

Bill 28, An Act to Amend the Family Services Act.

And the Committee asked leave to make a further report.

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

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Point of Privilege

Mr. McKay rose on a Point of Privilege. In stating his Point of Privilege the Member noted that earlier in the day he had observed an armed and uniformed police officer on the premises, and he requested that Mr. Speaker look into the matter.

Mr. Speaker stated that he would inquire into the matter.

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And then, 6.04 o'clock p.m., the House adjourned.

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

Documents requested in Notice of Motion 47 - February 6, 1997



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