Assemblée Législative de la Nouvelle-Écosse

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21 septembre 2017

















HALIFAX, MONDAY, NOVEMBER 20, 1995



Fifty-sixth General Assembly



Third Session



2:00 P.M.



SPEAKER



Hon. Paul MacEwan



DEPUTY SPEAKER



Mrs. Francene Cosman





MR. SPEAKER: Order, please. I would like to call the House to order at this time, commence this afternoon's business.



The honourable member for Halifax Atlantic.



MR. ROBERT CHISHOLM: On a point of privilege, Mr. Speaker. I received notification this afternoon of the intent to enforce the seating capacity in the Red Chamber, to 60 people based on the regulations of the fire marshal. I would like to say that in quick order this summer, scaffolding was put up to ensure that there was the ability to meet the fire marshal's requirements to allow the room to be used to its full capacity. I would like, as a member of this Legislature, to ask you that the fire escape be put back in place.



Surely, there is some considerable sum of money being spent on the front gates, and this is extremely important that a fire escape be put back in place so that any member of this House or, for that matter, any member of the public who wishes to attend the Law Amendments Committee does not face needless restrictions on access.



I think in light of the important matters that are always being addressed at the Law Amendments Committee, but certainly in light of the significance of the Education Act, I would ask, Mr. Speaker, as a member of this Legislature, for you to proceed in that manner.



MR. SPEAKER: I have absolutely no response to this. Is there any other member who wishes to comment?



The honourable member for Hants West.







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MR. RONALD RUSSELL: Mr. Speaker, I would like to comment on it, because I thought that the effort that was made during the G-7 Summit to put up a door on the outside of the Granville Street entrance of Province House was just a dreadful thing to do. While I agree with the honourable member that there should be some kind of a fire escape available for people from that area if a fire should break out, surely it could be done by means of rope ladders and those kinds of things that can be rolled up and be adjacent to windows. But I certainly endorse the appeal by the member for Halifax Atlantic that would permit the evacuation of people and thus provide for a greater seating capacity than 60.



MR. SPEAKER: The honourable Leader of the New Democratic Party.



MR. JOHN HOLM: Mr. Speaker, I just rise very briefly to speak in support of the point of privilege that was raised by my colleague, the member for Halifax Atlantic. Surely, Mr. Speaker, with the capable staff in the Department of Supply and Services that we do have that, with the approval of this House, the Minister of Supply and Services could go and speak to his staff to ensure that the proper, whether it be rope ladders or scaffolding, that is needed could be in place before 6:00 p.m. this evening.



Mr. Speaker, certainly I believe that it is crucially important that we not only pretend or say that we are open, but that we make every effort to ensure that the Red Room and the Law Amendments process is, indeed, open to the maximum number of people that the building can hold, given the importance of this and other Law Amendments proceedings.



Mr. Speaker, I would urge that you consult with the Minister of Supply and Services to see that that is, in fact, done for this evening by 6:00 p.m., and that it be left in place, at least until after the House has risen.



MR. SPEAKER: Are there any other members who wish to speak on this matter?



I have consulted with the Clerk. The Clerk advises me that it is not a matter of privilege, privilege involving an impeding of the members of the House and not of persons outside the House. It is perhaps more in the matter of a representation. It is not within the capacity of the Speaker to be erecting rope ladders up and down the side of this building prior to 6:00 p.m. or any other deadline. That is not my job. If it is a matter - now, I am making my ruling, just be seated - of a representation to the Department of Supply and Services, honourable members are free to make that representation. This point was never brought to my attention prior to now and I am not in a position to erect or construct rope ladders between now and 6:00 p.m.



The honourable member for Halifax Citadel.



MR. TERENCE DONAHOE: Mr. Speaker, I indicated to you just a short time ago that it was my intention as we began proceedings today to rise on what I consider to be a point of privilege and I do so pursuant to Rule 29 of the Rules and Forms of Procedure of this House.



Earlier today, Mr. Speaker, I requested of the Office of the Legislative Counsel that I be informed of and have made available to me from that office a list of the witnesses scheduled to appear before the Law Amendments Committee today, regarding Bill No. 39.





I was denied that information and in the communication which reached me, I was told, by way of a written message from a clerk at that office, that that information is, by somebody's order or edict, confidential until 6:00 p.m. tonight. The Speaker will be aware that the deliberation of that committee, in fact, commences at 6:00 p.m. tonight.



I say to you as indicative of the fact that I believe that my privileges as a member are abused by that decision, whoever took it, is simply this, that without having that list available to me, Mr. Speaker, it is difficult, if not impossible, to prepare properly and fully to exercise my duties as a member of that committee, and I am a member of that committee.



Beauchesne, 6th Edition, Paragraph 24, Page 11, reads in part and I will quote it only very briefly, as you are searching, Mr. Speaker, my reference (Interruption) under Chapter 2, headed Privilege. I will read only a couple of lines under Paragraph 24, the Definition section. "Parliamentary privilege is the sum of the peculiar rights enjoyed by each House collectively as a constituent part of the High Court of Parliament, and by Members of each House individually, without which they could not discharge their functions . . .".



I repeat, I requested and made what I thought was a very innocuous and, frankly, appropriate request. I believe, Mr. Speaker, that the decision which has been made, again, I repeat, by a person or persons unknown, it was communicated by a clerk in the office of the Legislative Counsel, I believe that that completely inappropriate and unnecessary embargo placed on the release of the witness list infringes on my privileges as a member in that it impairs my ability to discharge my functions as a member of this Legislature and of that committee.



I ask you, Mr. Speaker, therefore, to immediately find, if you are so disposed, that there is a prima facie case as I raise this issue, that my privileges as a member have been breached and that I do, in fact, have a legitimate point of privilege.



I recognize, Mr. Speaker, I believe I am correct, that it is, from your place, not possible for you to issue a direction or a directive to one of our standing committees. I am a little uncertain and I bow to your more learned understanding of our rules in that regard. I believe, without any question, that this inappropriate, artificial, unnecessary embargo and restriction makes it impossible for me, and may I say all members of this House and, more important, all members of the Law Amendments Committee, to properly prepare themselves to engage in the debate and the discussion and the deliberations which will be presented to the Law Amendments Committee commencing at 6:00 p.m.



That, Mr. Speaker, is my concern. That is my contention as to the way in which, and the extent to which, my privileges have been breached, and I respectfully request that you find that a prima facie case of such a breach has been made. I don't know if you are able, or prepared, to make a ruling, or if there is a ruling available to you immediately. You may wish to take it under advisement, but I do put that case to you and seriously suggest that my privileges have, in fact, been breached.



MR. SPEAKER: Could I ask a question? Who is it who is the culprit here? Who denied this information?



MR. DONAHOE: I placed a telephone call to the Office of the Legislative Counsel, asking that I be sent over, or faxed over, or sent over by some methodology, a list of those who would be presenting to the Law Amendments Committee. In response, one of the secretaries in my office received a telephone message from a person identified to me as Miss Heather Smith, who is a secretary or clerk or employee at the Office of the Legislative Counsel, to the effect that that list would not be made available and that Mr. Donahoe should be advised that the list is confidential until 6:00 p.m. this evening. I did not have an opportunity to speak either to the chairman of the committee or to any of the lawyers at the Office of the Legislative Counsel.



[2:15 p.m.]



MR. SPEAKER: It is my view and that of the Clerk that the request is a reasonable one and that we will make whatever efforts we can to attempt to obtain this information for you. I am quite willing to call the Legislative Counsel myself as soon as I leave the Chair and ask that it be provided.



MR. ROBERT CHISHOLM: On a point of order, Mr. Speaker. When I intervened earlier on a point of privilege, I thought I clearly, and Hansard will show that I clearly indicated that my request was a concern because the placing of this seating capacity in the Red Room would potentially and probably prevent any member of this House, including myself, from attending the Law Amendments Committee if, in fact, that capacity of 60 people has been reached. Therefore, I added on the business about the public because I think that also is important but understanding the Rules of this House, I made my point of privilege on my behalf as a member of this Legislature.



I feel that this restriction would infringe on my rights as a member of this Legislature to attend the Law Amendments Committee. I still contend and still would ask that the Speaker would at the earliest opportunity look into whatever process and procedures are necessary in order that the requirements of the fire marshal's regulations can be met, whether that is through rope ladders or scaffolding as was done in the summer for the G-7 Summit. I think it is appropriate that those sums be spent to allow access in the same manner that great sums are being expended in order to basically reduce access.



MR. SPEAKER: I again don't know what to say. I have had to comply with the fire marshal's instructions in directives myself. One of the ways in which we have had to accommodate the fire marshal is to move the Yuletide tree, the Christmas tree from our lobby and put it over to one side instead of having it in the centre as it always has been for these many years that I have been here. When the fire marshal issues an order I think one has to comply with it, I don't know of any way to get around it by 6:00 p.m. by stringing up rope ladders and I am not very adept at the stringing up of rope ladders. I don't know what more I can say to this matter. In theory, I agree with the member but in practice I am not able to direct the rope ladders or the scaffolding that he requests by 6:00 p.m.



MR. CHISHOLM: Thank you, Mr. Speaker. I certainly appreciate that and I don't ask you to do it but this . . .



MR. SPEAKER: Well the request was for me to do it I thought.



MR. CHISHOLM: These Legislative Chambers, this House is under your direction or your responsibility, I believe, and certainly I think it would be within the capabilities of the Minister of Supply and Services to handle this matter, as was done this summer as I indicated earlier when it was deemed appropriate to increase capacity for the G-7 ceremonies. I think this is if not as important, it certainly it is more important.



MR. SPEAKER: Certainly, if Supply and Services in consultation and coordination with the fire marshal's office wishes to make any changes to the building, I would not object. I am not the impediment here. I am not physically capable of doing what the member requests, that is all.



MR. CHISHOLM: Mr. Speaker, I understand that but I, as a member, raising a point of privilege, bring that issue to this House and therefore bring it to you and to your attention. I am requesting that, in fact, my privileges are being infringed upon because of this ruling. I will table this . . .



MR. SPEAKER: I will make every effort to see that the honourable member's privileges are not interfered with in any way.



MR. CHISHOLM: Mr. Speaker, I will table this wire service notification.



MR. SPEAKER: I entrust that you can attend the meeting this afternoon and any other members that are available.



MR. CHISHOLM: Thank you very much.



PRESENTING AND READING PETITIONS



MR. SPEAKER: The honourable member for Halifax Bedford Basin.



MR. GERALD FOGARTY: Mr. Speaker, I beg leave to present a petition which has been signed by approximately 65 teachers who practice their profession at schools in my riding of Halifax Bedford Basin.



This petition seeks to ask the Minister of Education to make substantive changes to Bill No. 39, the Education Act, as requested by the Nova Scotia Teachers Union. Also, Mr. Speaker, I have an identical petition which has been submitted by teachers in schools in the riding of Halifax Fairview. There are approximately 75 signatures on this petition.



I table these petitions, Mr. Speaker, in compliance with the Rules and Forms of Procedure of this House of Assembly.



MR. SPEAKER: The petitions are tabled.



The honourable member for Queens.



MR. JOHN LEEFE: Mr. Speaker, I, too, beg leave to table a petition signed by a number of teachers from North Queens Rural High School respecting Bill No. 39, and I have endorsed the petition, sir.



MR. SPEAKER: The petition is tabled.



The honourable member for Hants West.



MR. RONALD RUSSELL: Mr. Speaker, I have petition put out by the Municipality of the District of West Hants. It was signed by several hundred constituents within West Hants. The petition reads:



"Bill No. 114, An Act to Provide for Municipal Reform will bring about major changes in West Hants.



In addition to the transfer of services and responsibilities the following decisions have been made by the Province:



1) Hants Assessment Office will be closed. A Regional Assessment Office will be located in Kentville.



2) The Justice Offices at Hants County Courthouse will be phased out and become part of the Kings County Regional Offices.



3) Supreme Court will no longer set in Windsor.



4) Registry of Probate will close.



5) Department of Health Office will be closed. A Regional Office will be in Kentville.".



Mr. Speaker, 450 signatures on this petition reject that proposal of Bill No. 114 and I have signed this petition.



MR. SPEAKER: The petition is tabled.



The honourable member for Timberlea-Prospect.



MR. BRUCE HOLLAND: Mr. Speaker, I would like to table a petition signed by 36 residents of Timberlea Manor in the community of Timberlea and surrounding area, requesting that the Department of Transportation and Communications install a crosswalk and crosswalk lights in that particular area. I have signed the petition and endorse it fully.



MR. SPEAKER: The petition is tabled.



The honourable member for Halifax Atlantic.



MR. ROBERT CHISHOLM: Mr. Speaker, I have a petition here that deals with the concern of education and I would just like to briefly read it:



"I, the undersigned, wish to convey to the Government of Nova Scotia and to the Minister of Education and Culture, the Honourable John MacEachern, my anger and outrage with the proposed Education Act (Bill 39). This Act deprofessionalises me, it strips me of my contract rights, it unilaterally determines that one-tier bargaining will exist in Nova Scotia and it confers absolute power on the Minister.



I ask the Minister to make substantive changes to this Act as requested by the NSTU or to withdraw this Act.".



Mr. Speaker, I have a petition under that title from Holly Drive school in Halifax Atlantic with seven signatures that I would like to table.



MR. SPEAKER: The petition is tabled.



The honourable member for Halifax Atlantic.



MR. ROBERT CHISHOLM: Mr. Speaker, I have a similar petition from another school in my riding, J.L. Ilsley High School, with 40 signatures.



MR. SPEAKER: The petition is tabled.



The honourable member for Halifax Atlantic.



MR. ROBERT CHISHOLM: Mr. Speaker, I have an additional petition from teachers at John W. MacLeod, also in Halifax Atlantic, with 19 signatures and I have one from Fleming Tower School in Halifax Atlantic, with 7 signatures.



Also, Mr. Speaker, I have a petition here from Fairview Junior High which contains 23 signatures, that is in the riding of Halifax Fairview.



I have one from Halifax West High School that has 52 signatures. That is also Halifax Fairview.



I have a petition here from Burton Ettinger School which has 20 signature, again it is in Halifax Fairview; one from Chebucto Heights with 21 signatures, again from Halifax Fairview; one from Springvale, Mr. Speaker, which has - well, the C.A. Beckett/Springvale petitions have 12 signatures and I have, according to the rules, properly endorsed each one of those petitions that I have received from each one of those schools.



MR. SPEAKER: The petitions are tabled.



The honourable member for Shelburne.



MR. CLIFFORD HUSKILSON: Mr. Speaker, I have a petition signed by 39 teachers in Shelburne County and I have affixed my signature to the top, for tabling purposes. I would like to table that at this time.



MR. SPEAKER: The petition is tabled.



The honourable member for Pictou West.



MR. DONALD MCINNES: Mr. Speaker, I, too, have two petitions from my constituency; one from Pictou elementary school and one from the River John Consolidated School, wishing to convey to the Government of Nova Scotia and to the Minister of Education their concerns re the Education Act.



MR. SPEAKER: The petitions are tabled.



The honourable member for Eastern Shore.



MR. KEITH COLWELL: Mr. Speaker, I have a petition from 22 concerned citizens from Musquodoboit Rural High, with opposition to Bill No. 39. Thank you.



MR. SPEAKER: The petitions are tabled.



The honourable member for Kings North.



MR. GEORGE ARCHIBALD: Mr. Speaker, I would like to present this petition to the House. The undersigned wish to convey to the Government of Nova Scotia and to the Minister of Education and Culture, the anger and outrage of the proposed Education Act, Bill No. 39. This petition was signed by 31 members of the Kingstec Community College faculty and I myself have signed it as well, Mr. Speaker. I agree with everything they said.



MR. SPEAKER: The petition is tabled.



The honourable Leader of the Opposition.



DR. JOHN HAMM: Mr. Speaker, I wish to table a petition from teachers from the Trenton Elementary Schools. It expresses their anger and outrage with the proposed Education Act and it has been signed by seven teachers and I have signed it for the purpose of tabling.



MR. SPEAKER: The petition is tabled.



The honourable member for Pictou East.



MR. WAYNE FRASER: Mr. Speaker, I would like to table a petition on behalf of 10 teachers at Victoria Middle School in Westville. Thank you.



MR. SPEAKER: The petition is tabled.



The honourable member for Colchester-Musquodoboit Valley.



MR. BROOKE TAYLOR: Mr. Speaker, I also beg leave to table petitions on behalf of the teachers at five schools: the Enfield District School, the South Colchester High School in Brookfield, Hilden Elementary, Middle Stewiacke and Cobequid Education Centre in Truro. The teachers are essentially saying that, "This Act deprofessionalizes me, it strips me of my contract rights, it unilaterally determines that one-tier bargaining will exist in Nova Scotia and it confers absolute power on the Minister.".



MR. SPEAKER: The petition is tabled.



The honourable Minister of Transportation and Communications.



HON. RICHARD MANN: Mr. Speaker, I will have to seek your guidance on this. I, too, have a petition. It is signed by the Chief Executive Officer and a central office staff person from Richmond County. There are only two names on the petition. I know the rules state three. So I would have to ask I guess for the unanimous consent of the House in order (Interruption) Well, if the rule says three on the petition itself not including the presenter. So I would have to seek the unanimous consent of the House in order to present it.



MR. SPEAKER: Is it agreed?



It is agreed.



The petition is tabled.



The honourable member for Colchester-Musquodoboit Valley.



MR. BROOKE TAYLOR: Mr. Speaker, I beg leave to table a petition on behalf of the undersigned who are opposed to the Savage Government's mandatory Pharmacare Program.



MR. SPEAKER: The petition is tabled.



The honourable member for Hants East.



MR. ROBERT CARRUTHERS: Mr. Speaker, I have a petition, which I just found. It is signed by 7 people and there is another petition signed by 8 people, another one by 1 person and I would have to ask for unanimous consent on that one. There is another one which to me it looks like about 40 signatures. They are all basically the same context, all with regard to Education Bill No. 39 in opposition. I have affixed my signature to the top of all of these petitions and ask to table them.



MR. SPEAKER: The petitions are tabled.



PRESENTING REPORTS OF COMMITTEES



TABLING REPORTS, REGULATIONS AND OTHER PAPERS



MR. SPEAKER: The honourable Minister of Finance.



HON. BERNARD BOUDREAU: Mr. Speaker, pursuant to an undertaking I have given to the House, I beg leave to table a draft report from the Nova Scotia Gaming Corporation regarding the criteria and selection process for distribution of revenue from the Sydney Casino.



MR. SPEAKER: The report is tabled.



STATEMENTS BY MINISTERS



GOVERNMENT NOTICES OF MOTION



MR. SPEAKER: The honourable Minister of Housing and Consumer Affairs.



[2:30 p.m.]



RESOLUTION NO. 623



HON. ELEANOR NORRIE: Mr. Speaker, I would preface this by saying I am presenting this resolution on behalf of the Minister of Human Resources.



Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas today the Nova Scotia Government is holding its Long Service Awards ceremony to recognize civil servants who have achieved 25 years of service with the province; and



Whereas 156 civil servants from across the province will be honoured at a ceremony this afternoon; and



Whereas these civil servants represent 20 departments of government and professions ranging from administrative support, engineering, public health and social work, reflecting the wide variety of services for which the provincial government is responsible;



Therefore be it resolved that this House extend its recognition and congratulations to the 88 men and 68 women being honoured today for their years of service to the public.



Mr. Speaker, I request waiver of notice.



MR. SPEAKER: Is it agreed that notice be waived?



It is agreed.



Would all those in favour of the motion please say Aye. Contrary minded, Nay.



The motion is carried.



The honourable member for Lunenburg on behalf of the government.



RESOLUTION NO. 624



MRS. LILA O'CONNOR: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas November 20th has been designated National Child Day by the Government of Canada, marking the adoption of the United Nations Convention of the Child, jointly signed by the Government of Canada and the provinces, including the Province of Nova Scotia; and



Whereas adequate, affordable, quality day care is an investment in our future which promotes the social development of our children, while supporting the needs of workers; and



Whereas the Government of Nova Scotia, under the leadership of Dr. John Savage, has increased the number of subsidized day care spaces by 150, thereby raising the total number of subsidized day care spaces to 2,250 located in 65 non-profit licensed day care centres across the province;



Therefore be it resolved that this House reaffirm its support of Article 3.1 of the United Nations Convention of the Child which states in part, "In all actions concerning children . . . the best interests of the child shall be a primary consideration," and support the efforts of this government to work with the Government of Canada in developing a national day care strategy that is flexible, affordable and addresses the day care needs of Nova Scotians.



Mr. Speaker, I ask for waiver.



MR. RONALD RUSSELL: Mr. Speaker, on a point of order. I agree entirely with the sentiments of the resolution but I always understood that Government Notices of Motion must be put in place by members of the Executive Council.





MR. JOHN HOLM: Mr. Speaker, on a point of order. I was just going to raise the same point, although I have noticed over the past number of weeks, Mr. Speaker has been permitting resolutions by government backbenchers, other than those obviously who are members of the Executive Council under the Government Notices of Motion. I am wondering if we are establishing a new precedent here or if, in fact, the normal order, and I too am in support of the intent of the resolution that is now before the House, but I am wondering if that would not be more appropriately placed on the order paper under Notices of Motion.



MR. SPEAKER: As the honourable member has noted, I have been in the habit of allowing private members of the Government Party to introduce these motions where it was indicated to me in advance that they were doing so on behalf of the government. Such as the situation today, indeed the honourable member for Lunenburg is reading a resolution that my understanding is, would have been read by another member who is not here and she was reading it on that member's behalf. It was on behalf of the government, was the message I had.



MR. HOLM: Mr. Speaker, on that point of order then, when that is being done and I noted one member may introduce a resolution on behalf of another but when they are doing that, for example, if the resolution that was just read is being introduced on behalf of a member of the Executive Council, then it would seem appropriate, subject to your guidance of course, for that member to say on behalf of the Minister of, whatever, to clearly indicate that it is a motion that is being brought forward on behalf of the minister.



MR. SPEAKER: I don't feel that this is any great matter of principle. I know that prior to Remembrance Day the Premier had asked me quietly if I would recognize the honourable member for Inverness to present a resolution on behalf of the government and I stated the honourable member for Inverness on behalf of the government. Today I state the honourable member for Lunenburg on behalf of the government. Those were the words that I stated. I don't think it is necessary to grill the honourable member for Lunenburg as to the fine details of this, it is done on behalf of the government, I have said so.



Is there consent from the House that notice be waived?



It is agreed.



Would all those in favour of the motion please say Aye. Contrary minded, Nay.



The motion is carried.



The honourable Minister of Community Services.



RESOLUTION NO. 625



HON. JAMES SMITH: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas National Child Day celebrates the value of children and the day that the United Nations General Assembly adopted the conventions on the rights of the child and has been designated to recognize and promote the rights of all children to a healthy and safe future; and



Whereas it has been conclusively proven that expenditures on prevention, early intervention and family support represent the best investment of resources to achieve this goal for our children; and



Whereas as part of this restructuring this government has placed a renewed emphasis on prevention services, in-home supports, early intervention programming and family supports;



Therefore be it resolved that all members of this House honour National Child Day by working together to make progress in honouring our commitment to the safe and bright future of children in this province.



Mr. Speaker, I would ask for waiver of notice and passage without debate.



MR. SPEAKER: Is that agreeable?



It is agreed.



Would all those in favour of the motion please say Aye. Contrary minded, Nay.



The motion is carried.



INTRODUCTION OF BILLS



NOTICES OF MOTION



MR. SPEAKER: The honourable Leader of the Opposition.



RESOLUTION NO. 626



DR. JOHN HAMM: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the residents of Meisners Section, Lunenburg County, have experienced occasional and damaging flooding of a section of the LaHave River; and



Whereas the Nova Scotia Department of the Environment has investigated the causes of flooding and determined that $45,000 will adequately improve the sections investigated; and



Whereas the Minister of Municipal Affairs has been able to find almost $0.5 million of community infrastructure tax dollars to contribute to construction of a private golf course in Lunenburg County;



Therefore be it resolved that the Minister of Municipal Affairs allocate $45,000 from her community infrastructure funds in order to remediate the flooding difficulties faced by the residents of Meisners Section, Lunenburg County.



MR. SPEAKER: The notice is tabled.



The honourable Leader of the New Democratic Party.



RESOLUTION NO. 627



MR. JOHN HOLM: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the Education Minister, who first accused opponents of his legislative power grab of being paranoid, has now discovered, so he says, that they were conspiring against him all the time; and



Whereas the minister also displays selective amnesia, recalling but a few initial concerns about his bill, although by November 7th written critiques available in this House listed dozens; and



Whereas the minister has further difficulty recognizing reality, for example, claiming after five days that he and the NSTU had reached an agreement on all but one item in dispute.



MR. DENNIS RICHARDS: Mr. Speaker, on a point of order. Calling the Minister of Education and claiming that he suffers from amnesia I think is totally out of order and inappropriate language for this House. I would ask that you rule on that before this resolution is presented.



MR. SPEAKER: I have difficulty with the first Whereas, which appears to refer to a bill that is before the House. Is it not referring to a bill? We can't debate a bill before the House on a resolution.



MR. HOLM: I am not debating a bill, Mr. Speaker.



MR. SPEAKER: Read that first Whereas again.



MR. HOLM: Whereas the Education Minister, who first accused opponents of his legislative power grab of being paranoid . . .



MR. SPEAKER: All right, that is the thing. The legislative power grab, is that not the bill that you are referring to by that term?



MR. HOLM: Well, Mr. Speaker, everything is open to interpretation. I have made no reference to a particular bill and, of course, the bill is in the Law Amendments Committee.



MR. SPEAKER: I think it is quite obvious what you are referring to.



MR. HOLM: May I finish my Therefore be it resolved before you make a ruling, Mr. Speaker?



MR. SPEAKER: I shall hear the Therefore be it resolved and then I will interpret the resolution.



MR. HOLM: Thank you, Mr. Speaker.



Therefore be it resolved that the Premier should recognize that the goals of partnership and quality in education would best be served by giving the Education Minister a nice, long rest and by letting someone else, with credibility, make a fresh start.



MR. SPEAKER: Now the resolution itself is tabled. I am not sure about all the Whereases at all but the resolution is tabled.



The honourable member for Halifax Citadel.



RESOLUTION NO. 628



MR. TERENCE DONAHOE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the Education Minister promised that he would table the amendments he was preparing prior to the sitting of the Law Amendments Committee meeting tonight; and



Whereas this minister was also originally promising to offer key stakeholders an advance copy of the amendments prior to his submitting them to the committee; and



Whereas the minister has found himself potentially responsible for a province-wide teachers strike because of the confusion he has created with the Education Bill, confusion which could have been avoided if he had not broken his prior commitment to circulate a draft bill before taking it to the Legislature at all;



Therefore be it resolved that this minister agree to make public his amendments to be presented in a few hours time so that members and stakeholders - several of whom are scheduled to make their presentation to the committee only minutes after the minister is finished - are given at least an hour or two to digest the intent of his changes.



Mr. Speaker, I ask for waiver of notice.



MR. SPEAKER: I hear a No.



The notice is tabled.



The honourable member for Kings North.



RESOLUTION NO. 629



MR. GEORGE ARCHIBALD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the Premier, regardless of the mess his Education and Health Ministers have found themselves, insists they are the best for the job; and



Whereas the ministers themselves seem to be thinking that their time is limited, the Education Minister having said last week, he has only got a month or two, a year at best, left as minister; and



Whereas these same sentiments were cited by the Municipal Affairs Minister at the UNSM conference as well as last year by the Natural Resources Minister;





Therefore be it resolved that since these ministers know their time in Cabinet is up, as do many Nova Scotians, that the Premier take the initiative and find administrators for these portfolios, a move which would obviously be agreeable to at least these ministers mentioned as well as the majority of Nova Scotians.



Waive notice.



MR. SPEAKER: The notice is tabled.



The honourable member for Eastern Shore.



RESOLUTION NO. 630



MR. KEITH COLWELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the Eastern Shore has a very unique, non-profit women's arts and crafts cooperative formed by 14 local women; and



Whereas this cooperative, known as the Old Anderson House Craft Shop and Gallery, has a splendid 16 year history of displaying the unique arts and crafts of more than 160 artists from the Eastern Shore and throughout Nova Scotia; and



Whereas the Old Anderson House Craft Shop and Gallery is located on the grounds of the Old Anderson House, a beautiful historic provincial heritage property;



Therefore be it resolved that this House applaud the 14 women of the Eastern Shore who 16 years ago had the foresight and dedication to form the Old Anderson Craft Shop and Gallery Cooperative which promotes and develops arts and culture along the Eastern Shore.



Mr. Speaker, I ask for waiver of notice.



MR. SPEAKER: Is that agreeable?



It is agreed.



Would all those in favour of the motion please say Aye. Contrary minded, Nay.



The motion is carried.



The honourable member for Cape Breton West.



RESOLUTION NO. 631



MR. ALFRED MACLEOD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas over 3,000 angry and frustrated Cape Bretoners took to the streets in a march of concern over the dismantling of Nova Scotia's health care system; and



Whereas thousands more are angry and upset at the Savage Government which promised health care reform but which has instead merely imposed massive health care cuts which are threatening the health and well-being of Nova Scotians; and



Whereas the Minister of Health and the Savage Government have arrogantly dismissed the concerns of Nova Scotians, suggesting instead the problem is simply a failure to communicate;



Therefore be it resolved that Premier John Savage recognize that effective communications starts with listening and that he demonstrate his willingness to listen to the people of Cape Breton and to the thousands of other Nova Scotians concerned about the state of our health care system by immediately dismissing the Minister of Health.



Waive notice.



MR. SPEAKER: The notice is tabled.



The honourable member for Halifax Atlantic.



RESOLUTION NO. 632



MR. ROBERT CHISHOLM: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas on November 19th some 3,000 Cape Bretoners stood up to be counted in support of the integrity of the health care system and of community-based reform; and



Whereas they voted unanimously in favour of national standards for health care and measures to reduce poverty, open discussions on the Canada Health and Social Transfer and fair, progressive tax reform; and



Whereas they voted that the Health Minister be asked to resign immediately and that their request be brought to the floor of this House;



Therefore be it resolved that this House joins with the many thousands of Cape Bretoners and other Nova Scotians who have given this government two and one-half years and a patient hearing, in asking that the Health Minister resign.



Mr. Speaker, I would like to ask for waiver of notice. (Interruptions)



MR. SPEAKER: The notice is tabled.



The honourable member for Hants West.



RESOLUTION NO. 633



MR. RONALD RUSSELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas despite a tripling of communications staff and a budget that has almost doubled in one year, the spin doctors for the Minister of Health can't seem to keep the minister out of trouble; and



[2:45 p.m.]



Whereas in an all-out effort to control the political damage brought on by the minister's most recent gaffe, communications officers for the Department of Health issued a memorandum to MLAs instructing them on how to answer questions they might be asked on the minister's on-again, off-again comments that 2,500 health care jobs will be cut over the next few years; and



Whereas there seems to have been some confusion in identifying the target audience for this memorandum which was almost certainly meant for the eyes of the Liberal Party only;



Therefore be it resolved that if the Minister of Health is sincere in his efforts to try and help out his Liberal colleagues, that he forget about trying to do damage control and that he instead spare Nova Scotians the chaos that he has brought to bear on Nova Scotia's health care system by immediately resigning as Minister of Health.



MR. SPEAKER: The notice is tabled.



The honourable member for Kings West.



RESOLUTION NO. 634



MR. GEORGE MOODY: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas on November 15th, Health Minister Ron Stewart said the loss of 2,500 hospital jobs over the next few years was a reasonable estimate; and



Whereas just 24 hours later, the minister's office issued a memorandum advising, we shouldn't be speculating on numbers at this point - that wouldn't be fair to health care workers; and



Whereas it is obvious that the minister, who in a rare moment of clarity, gave a very clear indication of his department's plans with respect to the future of Nova Scotia's health care system, was quickly reined in by the Premier and his many spin doctors;



Therefore be it resolved that the Minister of Health realize that his hasty retreat from his earlier statements only adds to the already great sense of anxiety and fear among Nova Scotia's health care workers who now know, beyond any shadow of doubt, that this minister is prepared to do or say anything to keep himself and his colleagues out of political hot water.



MR. SPEAKER: The notice is tabled.



The honourable member for Yarmouth.



RESOLUTION NO. 635



MR. RICHARD HUBBARD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas Grade 12 Yarmouth High School student, Peter Rose, is one of our Canadian high school students selected as a member of the official Veterans Affairs delegation that will travel to Japan, Hong Kong, Burma and Singapore on November 29, 1995; and



Whereas, as part of the delegation, Mr. Rose will take part in memorial services throughout southeast Asia including a military funeral being held for the remains of a Royal Canadian Air Force crew being held on December 5th; and



Whereas at 17, Port Maitland resident, Peter Rose, devotes much of his time to the community including duties as a volunteer firefighter;



Therefore be it resolved that this Assembly congratulate Peter Rose on his selection as a member of the Canadian Veterans Affairs delegation travelling to Asia this fall and applaud him for his dedication and involvement in society.



Mr. Speaker, I ask for waiver of notice.



MR. SPEAKER: Is that agreeable?



It is agreed.



Would all those in favour of the motion please say Aye. Contrary minded, Nay.



The motion is carried.



The honourable member for Cape Breton West.



RESOLUTION NO. 636



MR. ALFRED MACLEOD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas funding for Nova Scotia's hospitals has been cut by more than $80 million in the last two years; and



Whereas Nova Scotia's health care system, already critically damaged by the Savage Government, stands to lose an additional 2,500 health care workers as budgets are slashed over the next two years or three years; and



Whereas many Nova Scotian hospitals have already declared a state of emergency reporting critical staff shortages that are negatively impacting on patient care;



Therefore be it resolved that the Savage Government recognize that Nova Scotia's health care system is in critical condition and that its prescription to continue to slash budgets and to eliminate health care positions will only further jeopardize the health and well-being of Nova Scotians.



MR. SPEAKER: The notice is tabled.



The honourable member for Pictou West.





RESOLUTION NO. 637



MR. DONALD MCINNES: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the Minister of National Defence, through our local MP, Roseanne Skoke, announced the establishment of an Airfield Engineering Flight in Pictou on Friday; and



Whereas the Town of Pictou worked extremely hard to get this project through a local committee, beating out six other communities for a new reserve training unit; and



Whereas the flight could mean revenue for the town of between $700,000 and $1 million per year;



Therefore be it resolved that the members of the Legislature congratulate Mayor Lawrence LeBlanc and the Chairman of the local committee, Ralph Heighton, for their hard work and dedication having this project come to Pictou.



Mr. Speaker, I would ask for waiver of notice.



MR. SPEAKER: Is it agreed?



It is agreed.



Would all those in favour of the motion please say Aye. Contrary minded, Nay.



The motion is carried.



The honourable member for Kings North.



RESOLUTION NO. 638



MR. GEORGE ARCHIBALD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas taxpayers in the Cape Breton Regional Municipality continue to hope they will not be stuck with astronomical tax increases because of the lack of leadership shown by the Minister of Municipal Affairs; and



Whereas despite the wish in Cape Breton, the Minister of Municipal Affairs has turned around and provided the individual responsible for metro's merger with a blank cheque; and



Whereas the taxpayers of the new Halifax Regional Municipality should not be saddled with huge tax increases because the Minister of municipal Affairs is unable to demonstrate decisive leadership;



Therefore be it resolved that the Minister of Municipal Affairs immediately take the necessary steps and ensure taxpayers of metro's new regional municipality that they will not have to go through the uncertainty presently being experienced by taxpayers in Cape Breton.



MR. SPEAKER: The notice is tabled.



The honourable Leader of the New Democratic Party.



RESOLUTION NO. 639



MR. JOHN HOLM: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas on a cold Sunday 3,000 Cape Bretoners demonstrated their opposition to the Health Minister and drastic cutbacks instead of reform that protects and improves their health; and



Whereas parents, teachers, school staff, students and community groups have joined in denouncing the harsh, autocratic Education Act and the Education Minister who introduced it; and



Whereas Nova Scotians have become accustomed to blaming the Premier for the dictatorial attitude, broken promises and economic misery created by this Liberal Government;



Therefore be it resolved that this House remind members of the public that no one MLA can impose the Education Act, the destruction of health care, casinos nor any other harmful, unwanted measure without the support of each of the 40 Liberal MLAs in this Assembly.



Mr. Speaker, I request waiver of notice.



MR. SPEAKER: I hear several Noes.



The notice is tabled.



The honourable member for Halifax Citadel.



RESOLUTION NO. 640



MR. TERENCE DONAHOE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the Education Minister said in a radio interview this morning, that all bills are introduced into the House and then they are shuffled through the procedures of the Legislative Assembly; and



Whereas the minister stated categorically that, "That's how it's always worked; every bill that has come into the House of Assembly and that is how this one ended up working;" and



Whereas the minister only has to look to his colleagues in Cabinet to find recent examples of where a draft bill or a bill which was introduced only on first reading, the Environment Act, the Credit Union Act, and Maintenance Enforcement Act, before they were taken to the stakeholders or the general public for consultation before it made its way through the House of Assembly;



Therefore be it resolved that this minister face up to the fact that he reneged on a commitment to stakeholders and the general public on Bill No. 39 by refusing to have it released in draft form for comment before it made its way to the Assembly for what the minister must have hoped would be a quick review, whereby doing so he might have saved parents, students and teachers the heartache of a possible strike, whose call we are now awaiting.



MR. SPEAKER: The notice is tabled.



The honourable member for Kings West.



RESOLUTION NO. 641



MR. GEORGE MOODY: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the Minister of Health asked to see the documentation when the member for Colchester-Musquodoboit Valley raised questions in this House suggesting the timeframe for the annual co-pay for the senior's Pharmacare Program was different than the timeframe for the annual premium payment; and



Whereas when pushed to answer the question concerning the co-pay timeframe, the Minister of Health stated that the member for Colchester-Musquodoboit Valley knew that the co-pay and the premium occupy the same timeframe, later referring to the misimpressions of the member concerning his understanding of the annual co-pay timeframe; and



Whereas the first notice advising pharmacists and seniors that the co-pay timeframe would change to coincide with the premium co-pay period did not go out until November 18th, well after the issue was raised in the House by the member for Colchester-Musquodoboit Valley;



Therefore be it resolved that the Minister of Health apologize for suggesting that the member for Colchester-Musquodoboit Valley knew otherwise when he questioned the minister on the two different timeframes and that he further acknowledge that he was wrong to indignantly dismiss a legitimate question the member for Colchester-Musquodoboit Valley raised on behalf of Nova Scotia's seniors before he even bothered to look into the matter.



MR. SPEAKER: The notice is tabled.



I might go over that one, but it is tabled.



The honourable member for Halifax Atlantic.



RESOLUTION NO. 642



MR. ROBERT CHISHOLM: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas many of the most important industries in Nova Scotia are powered by members of the Communication, Energy and Paperworkers' Union; and



Whereas the CEP is driving an ambulance throughout Canada to demonstrate the need for emergency treatment on Canada's health care system, to defend and improve Medicare through actions like the 10 Goals for Improving Health Care that this House has endorsed; and



Whereas that ambulance visits Halifax and the Valley today, November 20th, including a stop at Province House this morning;



Therefore be it resolved that this House congratulates the Communication, Energy and Paperworkers' Union for the innovation and dedication they have brought to their ambulance tour in support of health care.



Mr. Speaker, I would like to ask for waiver of notice.



MR. SPEAKER: Is it agreeable?



Do I hear any Noes? If I don't hear any Noes, I will say that it is agreed.



Would all those in favour of the motion please say Aye. Contrary minded, Nay.



The motion is carried.



The honourable member for Colchester-Musquodoboit Valley.



RESOLUTION NO. 643



MR. BROOKE TAYLOR: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:



Whereas the federal government is presently considering a ban on the use of road salt on Canadian highways; and



Whereas the Minister of Transportation and Communications is evidently bound and determined to do whatever he possibly can to make life miserable for those truckers hauling salt across Nova Scotia; and



Whereas the Minister of Transportation refuses to listen to the Nova Scotia Truckers' Association about their concerns relating to salt hauling rates;



Therefore be it resolved that if the Minister of Transportation and Communications intends to curb the use of salt on Nova Scotia highways, in accordance with the hare-brained idea being launched by Ottawa, he immediately advise the Nova Scotia Truckers' Association instead of making them endure the slow, cruel punishment he has been putting them through since becoming Minister of Transportation in 1993.



MR. SPEAKER: The notice is tabled.



Are there any further notices of motion today? If not, that concludes the daily routine.



ORDERS OF THE DAY



MR. SPEAKER: The honourable Government House Leader.



HON. RICHARD MANN: Mr. Speaker, would you please call the order of business, Government Business.



GOVERNMENT BUSINESS



MR. SPEAKER: The honourable Government House Leader.



HON. RICHARD MANN: Mr. Speaker, I move that you do now leave the Chair and the House resolve itself into a Committee of the Whole House on Bills.



MR. SPEAKER: The motion is carried.



The honourable member for Hants East will assume the Chair for this portion of the work.



[2:57 p.m. The House resolved itself into a CWH on Bills with Acting Deputy Speaker Mr. Robert Carruthers in the Chair.]



[9:59 p.m. CWH on Bills rose and the House reconvened. Mr. Speaker, Hon. Paul MacEwan, resumed the Chair.]



MR. SPEAKER: Order, please. The Chairman of the Committee of the Whole House on Bills reports:



THE CLERK: That the committee has met and made considerable progress and begs leave to sit again.



MR. SPEAKER: Is it agreed?



It is agreed.



The honourable Government House Leader.



HON. RICHARD MANN: Mr. Speaker, could you please revert to the order of business, Tabling Reports, Regulations and Other Papers.



TABLING REPORTS, REGULATIONS AND OTHER PAPERS



MR. SPEAKER: The honourable Government House Leader.



HON. RICHARD MANN: Mr. Speaker, on behalf of the Minister of Justice I am pleased to table the Annual Report of the Law Foundation of Nova Scotia and also the Financial Statements for the Law Foundation of Nova Scotia.



MR. SPEAKER: The report is tabled.



The honourable Government House Leader.



HON. RICHARD MANN: Mr. Speaker, tomorrow we will be sitting from the hours of noon until 8:00 p.m. The order of business following Question Period will be Committee of the Whole House on Bills, beginning with Bill No. 28, when we will, indeed, get to hear more from the honourable Acting Leader of the New Democratic Party.



I move that we adjourn until 12:00 p.m. tomorrow.



MR. SPEAKER: The motion is that the House do now rise to meet again tomorrow afternoon at the hour of 12 noon.



The motion is carried.



[The House rose at 10:00 p.m.]





NOTICE OF MOTION UNDER RULE 32(3)



HOUSE ORDER NO. 53



By: Mr. Alfred MacLeod (Cape Breton West)



I hereby give notice that on a future day I shall move that an order of this House do issue for a return showing, with respect to the Nova Scotia Department of Community Services:



(1) The number of recipients with children aged 19 or under presently drawing benefits from the Department of Community Services;



(2) A county by county breakdown of children age 19 and under who are drawing benefits; and



(3) A county by county breakdown of the number of people on provincial social assistance in Nova Scotia.