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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. 16

Thursday, December 18, 1997.

8.30 o'clock a.m.

Prayers.

Petitions

Ms. Weir laid upon the table of the House a petition on behalf of citizens of New Brunswick whose concern is the government's lack of commitment to the advancement of the status of women; in particular the New Brunswick Advisory Council on the Status of Women. (Petition 4)

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During Statements by Members, Mr. Speaker called to order Ms. de Ste. Croix, and advised that it was unparliamentary for a Member to reflect on a vote of the House.

Mr. Robichaud rose on a Point of Order, his point of order being that members should not reflect on the presence or absence of members. Mr. Speaker ruled the Point of Order well taken.

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Bills Introduced

The following Private Bill was introduced and read the first time:

By Mr. Duffie:

Bill 18, An Act to Incorporate SBC Global Trust Corporation.

Ordered referred to the Standing Committee on Private Bills.

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Notices of Motions

Mr. Mesheau gave Notice of Motion 75 that on Tuesday, January 13, 1998, 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, reports, and documents used by the Department of Health and Community Services to determine that placing individuals with special needs in nursing homes was the best type of care for those individuals and the residents of the nursing homes.

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Mr. Mesheau gave Notice of Motion 76 that on Tuesday, January 13, 1998, he would move the following resolution, seconded by Mr. Volpé:

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, reports, and documents used by the Department of Health and Community Services to determine that 2.25 hours of care per person per day was all that was necessary for persons coming through the single point of entry system.

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Mr. Mesheau gave Notice of Motion 77 that on Tuesday, January 13, 1998, 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 copies of all correspondence received by the Department of Health regarding the level and quality of care provided in the province's nursing homes.

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Mr. Mockler gave Notice of Motion 78 that on Tuesday, January 13, 1998, 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 copies of all documents related to business dealings between Major Drilling Group International of Moncton and the Government of New Brunswick, including bills, receipts, and travel expenses paid by the province; and contracts, loans, and agreements, for the past five years.

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Government Motions re Business of House

Hon. Mr. Tyler announced that following Private Members Motions, it was the intention of the government that the House resolve itself into a Committee of the Whole House to consider legislation; in particular, Bills 14, 15, 17 and 3.

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Third Reading

The following Bill was read the third time.

Bill 5, An Act to Amend the Motor Vehicle Act.

Ordered that the said Bill does pass.

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Private Members Motions

Debate resumed on Motion 1 as amended, as follows:

WHEREAS this government made a commitment to Excellence in Education in the report of its Commission in 1992; and

WHEREAS this Excellence in Education Commission recommended effective steps be taken to strengthen the role and responsibility of school boards in the setting of goals, managing the resources and assessing the achievements of the schools in their communities, as well as to create a closer partnership between schools and the communities they serve; and

WHEREAS the Government has met this challenge by creating a strong role for parents in the education system through School Parent Advisory Committees and District Parent Advisory Councils and the Provincial Boards of Education;

BE IT RESOLVED THAT the Legislative Assembly urge the Department of Education to continue to develop and support the role created for parents in shaping schools to benefit their children.

And the debate being ended, and the question being put, Motion 1 as amended, was carried on the following recorded division:

                                YEAS - 32

Hon. Mr. Blanchard        Hon. Mr. Savoie          Mr. Steeves
Hon. Mr. Tyle             Hon. Mr. Gay             Mr. Johnson
Hon. Mr. Graham           Mrs. Jarrett             Ms. de Ste. Croix
Hon. Mr. Lee              Mr. McAdam               Mr. H. Doyle
Hon. Mr. King             Hon. Mr. LeBlanc         Mr. Olmstead
Hon. B. Thériault         Hon. Mr. Byrne           Mr. DeGrâce
Hon. Mr. MacIntyre        Mr. Allaby               Mr. O'Donnell
Hon. C. Thériault         Mr. Duffie               Mr. MacDonald
Hon. Mr. Richard          Mr. Wilson               Mr. Armstrong
Hon. Mrs. Mersereau       Mr. Smith                Mr. J. Doyle
Hon. Mrs. Day             Mr. Kavanaugh

                             NAYS - 7
Mr. Volpé                 Mr. Mockler             Mr. D. Graham
Mr. Sherwood              Hon. Mr. Valcourt       Mr. Mesheau
Mr. Robichaud

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Motions 4 and 29 by Mr. Robichaud were, by leave of the House, withdrawn.

Motion 18 by Mr. D. Graham was, by leave of the House, withdrawn.

Motions 24 and 44 by Mr. Sherwood were, by leave of the House, withdrawn.

Motions 30, 31, 56, 57 and 58 by Mr. Volpé were, by leave of the House, withdrawn.

Motion 43 by Mr. Mesheau was, by leave of the House, withdrawn.

Motions 47 and 48 by Mr. Mockler were, by leave of the House, withdrawn.

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Pursuant to Notice of Motion 2, Mr. Robichaud, seconded by Mr. Volpé, moved:

WHEREAS patients in New Brunswick Nursing Homes are currently receiving inadequate care to meet their specific level of needs; and

WHEREAS the allotted hours of care per patient has not kept pace with the increasing demands of patient care;

BE IT RESOLVED THAT the Legislative Assembly call upon the Government to consider providing adequate care per nursing home patient to ensure their comfort, health and well-being.

And the question being put, a debate ensued.

And after some time, Mr. Olmstead, seconded by Mr. H. Doyle, moved in amendment:

AMENDMENT

That Motion 2 be amended:

1. In the first paragraph, by inserting the words, "due to an aging population" after the word "WHEREAS" and by deleting the words "currently receiving inadequate" and replacing them with the words "requiring increased levels of";

2. Deleting the 2nd paragraph;

3. In the 3rd paragraph by deleting the words "consider providing adequate care per Nursing Home patient to ensure their comfort, health and well-being" and substituting the words "address the recommendations contained in the nursing home review recently completed by the Department of Health and Community Services".

And the question being put, the amendment was carried.

Debate resumed on Motion 2 as amended as follows:

WHEREAS due to an aging population patients in New Brunswick Nursing Homes are requiring increased levels of care to meet their specific level of needs;

BE IT RESOLVED THAT the Legislative Assembly call upon the Government to address the recommendations contained in the nursing home review recently completed by the Department of Health and Community Services.

And after some further time, Hon. Mr. Valcourt, seconded by Mr. D. Graham, moved the following amendment:

AMENDMENT

That Motion 2 as amended be amended by:

In the 2nd paragraph by adding the words "and ensure that the basic needs of seniors in nursing homes are met" at the end of the paragraph.

And the question being put, a debate ensued.

And after some time, Mr. Speaker interrupted proceedings and advised that the time for Private Members' Motions had expired.

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Motions 10, 11, 12, 33, 39, 53, and 59 by Mr. Sherwood were, by leave of the House, withdrawn.

Motions 5, 6, 37, and 49 by Mr. Robichaud were, by leave of the House, withdrawn.

Motions 13, 14, 15, and 34 by Mr. Volpé were, by leave of the House, withdrawn.

Motions 16, 17, 32, 55 and 63 by Mr. Graham were, by leave of the House, withdrawn.

Motions 51 and 62 by Mr. Mesheau were, by leave of the House, withdrawn.

Motions 7, 9, 35, 36 and 60 by Mr. Mockler were, by leave of the House, withdrawn.

Motions 40, 65, 66 and 26 by Ms. Weir were, by leave of the House, withdrawn.

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Committee of the Whole

The House resolved itself into a Committee of the Whole with Mr. Devereux in the chair as Acting Chairman.

Mr. Robichaud rose on a Point of Order, questioning the propriety of Mr. Devereux having taken the chair while one of the Deputy Speakers was present in the House. Mr. MacDonald, the Deputy Speaker, informed the House that he had advised the Speaker earlier in the day that it would be necessary for both he and Mr. O'Donnell to be absent. Mr. MacDonald further stated that he would absent himself within the next few minutes.

Mr. Devereux, the Acting Chairman, confirmed that he had been asked by the Deputy Speakers to take the chair in Committee of the Whole due to the unavoidable absence of both Deputy Speakers.

During consideration of Bill 14, An Act to Amend the Municipalities Act, Hon. Mrs. Breault moved the following amendment to section 2:

AMENDMENT

In section 2 of the Bill,

(a) Add before paragraph (a) the following:

(a.01) by adding after subsection (1) the following:

14(1.1) Notwithstanding subsection (1), after January 2, 1998, the amalgamation of two or more municipalities shall be effected by an Act of the Legislature unless the councils of the municipalities that would be affected make a resolution in favour of the amalgamation.

(b) Add after paragraph (2)(b) the following:

(c) in subsection 14(5) strike out "Where a municipality" and substitute "Subject to subsection (1.1), where a municipality".

And the question being put, the amendment was carried.

[Unanimous consent was granted later in the daily sitting to rescind the amendment and replace it by a new amendment.]

During further consideration of Bill 14, An Act to Amend the Municipalities Act, Hon. Mr. Valcourt moved the following amendment to section 2:

AMENDMENT

In section 2 of the Bill,

remove the word "make" after "affected" and before "a resolution" and substitute therefor the word "adopt".

The Chairman put the question and a debate ensued.

And after some time spent in Committee, the Acting Chairman declared it to be 12.30 o'clock p.m. and left the chair, to resume again at 2 o'clock p.m.

2 o'clock p.m.

The Committee resumed with Mr. MacDonald in chair.

During consideration of Bill 14, An Act to Amend the Municipalities Act, it was agreed by unanimous consent that the amendment moved earlier in the daily sitting by Hon. Mr. Valcourt be withdrawn.

It was further agreed by unanimous consent that the amendment to section 2 of the Bill, moved earlier by Hon. Mrs. Breault and carried, be rescinded and that it be replaced with a new amendment to section 2 of the Bill which was subsequently moved by Hon. Mrs. Breault and carried and is as follows:

AMENDMENT

In section 2 of the Bill,

(a) Add before paragraph (a) the following:

(a.01) by adding after subsection (1) the following:

14(1.1) Notwithstanding subsection (1), after January 2, 1998, the amalgamation of two or more municipalities shall be effected by an Act to the Legislature unless the councils of the municipalities that would be affected adopt a resolution in favour of the amalgamation.

(b) Add after paragraph (2)(b) the following:

(c) in subsection 14(5) strike out "Where a municipality", and substitute "Subject to subsection (1.1), where a municipality".

During consideration of Bill 17, An Act to Amend the Assessment Act, Ms. Weir moved the following amendment to section 2:

AMENDMENT

In section 2 (7.1(1)) of the Bill,

by adding the words following the word "municipality" the words "or properties owned and operated by not-for-profit organizations administered by volunteer boards".

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 - 6

Mr. Volpé               Mr. Robichaud          Mr. D. Graham
Mr. Sherwood            Ms. Weir               Mr. Mesheau

                           NAYS - 25
Hon. Mr. Lockyer        Hon. Mr. Byrne         Ms. de Ste. Croix
Hon. Mr. Blanchard      Hon. Mrs. Kingston     Mr. H. Doyle
Hon. Mr. Tyler          Mr. Allaby             Mr. Olmstead
Hon. Mrs. Barry         Mr. Duffie             Mr. O'Donnell
Mr. Blaney              Mr. Wilson             Mr. Devereux
Hon. B. Thériault       Mr. Smith              Mr. D. Landry
Hon. Mr. Richard        Mr. Kavanaugh          Mr. Armstrong
Mrs. Jarrett            Mr. Steeves            Mr. J. Doyle
Mr. McAdam              Mr. A. Landry

And after some further time, the Chairman having put the question whether it was the pleasure of the Committee to take into consideration Bill 3, An Act to Amend the Police Act, it was agreed on the following recorded division:

                           YEAS - 25

Hon. Mr. Lockyer        Mr. Duffie            Mr. H. Doyle
Hon. Mr. Tyler          Mr. Wilson            Mr. Olmstead
Hon. Mrs. Barry         Mr. Smith             Mr. Flynn
Mr. Blaney              Mr. Kavanaugh         Mr. MacDonald
Hon. B. Thériault       Mr. Steeves           Mr. Devereux
Mrs. Jarrett            Mr. A. Landry         Mr. D. Landry
Mr. McAdam              Mr. Johnson           Mr. Armstrong
Hon. Mrs. Kingston      Ms. de Ste. Croix     Mr. J. Doyle
Mr. Allaby

                             NAYS - 5

Mr. Volpé               Ms. Weir              Mr. Mesheau
Mr. Sherwood            Mr. D. Graham

And after some further time spent in Committee, the Chairman declared it to be 6 o'clock p.m. and left the chair, to resume again at 7 o'clock p.m.

7 o'clock p.m.

The Committee resumed with Mr. MacDonald in the chair.

And after some time, Mr. O'Donnell took the chair.

And after some further time, Mr. Speaker resumed the chair and Mr. O'Donnell, 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 15, An Act to Amend the Education Act.

Bill 17, An Act to Amend the Assessment Act.

That the Committee had directed him to report the following Bill as amended:

Bill 14, An Act to Amend the Municipalities Act.

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

Bill 3, An Act to Amend the Police Act.

And the Committee asked leave to make a further report.

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

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And then, 9.55 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 upon the table of the House pursuant to Standing Rule 39:

Fourth Edition of the Maritime Provinces Higher Education Commission Statistical Compendium                         December 17, 1997

Documents requested in Notices of Motion 58, 65 and 66                                                                                  December 17, 1997



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