HANSARD 03/04-65

DEBATES AND PROCEEDINGS

Speaker: Honourable Murray Scott

Published by Order of the Legislature by Hansard Reporting Services and printed by the Queen's Printer.

Available on INTERNET at http://nslegislature.ca/legislative-business/hansard-debates/

Annual subscriptions available from the Office of the Speaker.

First Session

FRIDAY, OCTOBER 15, 2004

TABLE OF CONTENTS					PAGE
PRESENTING AND READING PETITIONS:
	Environ. & Lbr. - Roundhill: Vision Spraying - Oppose, Ms. D. Whalen				5647
GOVERNMENT NOTICES OF MOTION:
	Res. 2882, Read to Me!: Program - Congrats., Hon. J. Muir				5648
		Vote - Affirmative			5648
	Res. 2883, Waste Reduction Wk. (10/18-10/24/04) - Celebrate,
		Hon. K. Morash			5649
			Vote - Affirmative		5649
INTRODUCTION OF BILLS:
	No. 142, Health Services and Insurance Act,
		Mr. David Wilson (Glace Bay)			5650
	No. 143, Ladies Golf Association of Nova Scotia Act, Hon. M. Baker				5650
NOTICES OF MOTION:
	Res. 2884, East. Passage Ryan's Cones Fastball Team: Championship -
		Congrats., Mr. K. Deveaux			5650
			Vote - Affirmative		5651
	Res. 2885, Comeau, Philippe - Cdn. Cancer Soc. (Clare Br.):
		Contributions - Congrats., Mr. W. Gaudet			5651
			Vote - Affirmative		5651
	Res. 2886, Camp Jordan - Fundraising: Vols. - Commend,
		Mr. C. O'Donnell			5651
			Vote - Affirmative		5652
	Res. 2887, Morrison, John: Entrepreneurial Spirit - Congrats.,
		Mr. C. Parker			5652
			Vote - Affirmative		5653
	Res. 2888, Walk to D'Feet ALS: Team Spence - Congrats.,
		Ms. D. Whalen			5653
			Vote - Affirmative		5653
	Res. 2889, Bridgewater PD - Defibrillator: Bridgewater Rotarians -
		Donation Thank, Hon. C. Bolivar-Getson			5654
			Vote - Affirmative		5654
	Res. 2890, Pace, Connor: C.B. Beverages Lingan G&CC
		Hole in One Club - Congrats., Mr. G. Gosse			5654
			Vote - Affirmative		5655
	Res. 2891, Heart & Stroke Fdn. (N.S.): Work - Acknowledge,
		Mr. S. McNeil			5655
			Vote - Affirmative		5656
	Res. 2892, Lunenburg Rotary Club - Fall Fling: Fundraising -
		Congrats., Hon. M. Baker			5656
			Vote - Affirmative		5657
	Res. 2893, MacCullough, Jason - Park Naming: HRM Dedication -
		Thank, (by Mr. David Wilson (Sackville-Cobequid)), Mr. J. Pye			5657
			Vote - Affirmative		5657
	Res. 2894, Int'l. Search & Rescue Comp. - Levy, John/S. Shore Team:
		Success - Wish, Mr. H. Theriault			5658
			Vote - Affirmative		5658
	Res. 2895, United Communities FD - Whitestone Dev.:
		Contribution - Recognize, Hon. K. Morash			5658
			Vote - Affirmative		5659
	Res. 2896, Commitment to Parents Init.: Participants - Commend,
		Ms. J. Massey			5659
			Vote - Affirmative		5660
	Res. 2897, Cluett, Betty - Betty's Cards & Gifts: Anniv. (15th) -
		Congrats., Ms. D. Whalen			5660
			Vote - Affirmative		5661
	Res. 2898, Medical Checkup: Effort - Support, Hon. E. Fage				5661
		Vote - Affirmative			5661
	Res. 2899, Prof. Counsellors - Regulation: Value - Recognize,
		Ms. Maureen MacDonald			5662
	Res. 2900, MacDougall, Mary: Birthday (105th) - Congrats.,
		Mr. J. MacDonell			5662
			Vote - Affirmative		5663
	Res. 2901, Blumenthal, Jerry: Service - Thank,
		Ms. Maureen MacDonald			5663
			Vote - Affirmative		5664
	Res. 2902, St. Margarets Bay Breakers Swim Team: Efforts -
		Recognize, Mr. W. Estabrooks			5664
			Vote - Affirmative		5664
	Res. 2903, Jackson, David/Frelick, Jenette: Nuptials - Congrats.,
		Mr. S. McNeil			5665
			Vote - Affirmative		5665
	Res. 2904, Prospect Bantam AA Baseball Team: Successful Season -
		Congrats., Mr. W. Estabrooks			5665
			Vote - Affirmative		5666
GOVERNMENT BUSINESS:
	PRIVATE MEMBERS' PUBLIC BILLS FOR THIRD READING:
		No. 132, Amusement Devices Safety Act			5666
			Mr. G. Gosse		5666
			Hon. R. Russell		5667
			Mr. W. Estabrooks		5667
			Mr. G. Gosse		5667
				Vote - Affirmative	5668
		No. 135, House of Assembly Act			5668
			Hon. R. Russell		5668
				Vote - Affirmative	5668
	PRIVATE MEMBERS' PUBLIC BILLS FOR SECOND READING:
		No. 110, Protection for Persons in Care Act			5668
			Ms. Maureen MacDonald		5669
				Vote - Affirmative	5670
HOUSE RECESSED AT 9:42 A.M.					5670
HOUSE RECONVENED AT 9:58 A.M.					5670
PUBLIC BILLS FOR SECOND READING:
	No. 130, Legal Profession Act				5670
		Hon. M. Baker			5670
		Mr. K. Deveaux			5671
		Mr. Michel Samson			5674
		Ms. Maureen MacDonald			5678
		Mr. H. Epstein			5680
		Hon. R. Russell			5683
			Vote - Affirmative		5683
HOUSE RECESSED AT 10:46 A.M.					5684
HOUSE RECONVENED AT 11:00 A.M.					5684
PRESENTING REPORTS OF COMMITTEES:
	Law Amendments Committee, Hon. R. Russell				5684
	Law Amendments Committee, Hon. R. Russell				5685
HOUSE RESOLVED INTO CWH ON BILLS AT 11:03 A.M.					5685
HOUSE RECONVENED AT 11:10 A.M.					5685
CWH REPORTS					5685
ADJOURNMENT, House rose to meet again on Mon., Oct. 18th at 5:00 p.m.					5687
NOTICES OF MOTION UNDER RULE 32(3):
	Res. 2905, Educ. - Hfx. HS: Const. - Facilities,
		Ms. Maureen MacDonald			5688
	Res. 2906, LeBlanc, René: Gala de la Chanson - Congrats.,
		Mr. W. Gaudet			5688
	Res. 2907, Comeau, Benoit - Seniors Sports: Activities - Congrats.,
		Mr. W. Gaudet			5689
	Res. 2908, St. Peter, Sara: Peace Award - Congrats., The Speaker				5689
	Res. 2909, Terry Fox Fdn. - Scotiabank Staff: Dedication - Congrats.,
		The Speaker			5690
	Res. 2910, Scott, Corey: Springhill Library Reading Club - Congrats.,
		The Speaker			5690
	Res. 2911, Spencer's Island Lighthouse: Anniv. (100th) - Congrats.,
		The Speaker			5691
	Res. 2912, Spence, Saundra: Heffler Mem. Award - Congrats.,
		The Speaker			5691
	Res. 2913, Wentworth FD: Anniv (30th) - Congrats., The Speaker				5692
	Res. 2914, Black, Thomas Robert: Lt. Gov.'s Award - Congrats.,
		The Speaker			5692
	Res. 2915, Boland, Allen Roderick: Lt. Gov.'s Award - Congrats.,
		The Speaker			5693
	Res. 2916, Carter, Stacey Marie: Lt. Gov.'s Award - Congrats.,
		The Speaker ^Res. 2917, Ferguson, Alan Murray: Lt. Gov.'s Award - Congrats.,			5693
		The Speaker			5694
	Res. 2918, Fletcher, Jeanna Lynn: Lt. Gov.'s Award - Congrats.,
		The Speaker			5694
	Res. 2919, Henwood, Katherine Diane: Lt. Gov.'s Award - Congrats.,
		The Speaker			5695
	Res. 2920, Johnston, Lindsay Marie: Lt. Gov.'s Award - Congrats.,
		The Speaker			5695
	Res. 2921, McCelland, Christine: Lt. Gov.'s Award - Congrats.,
		The Speaker			5696
	Res. 2922, Morris, Bradley Stewart: Lt. Gov.'s Award - Congrats.,
		The Speaker			5696

[Page 5647]

HALIFAX, FRIDAY, OCTOBER 15, 2004

Fifty-ninth General Assembly

First Session

9:00 A.M.

SPEAKER

Hon. Murray Scott

DEPUTY SPEAKERS

Mr. James DeWolfe, Ms. Joan Massey, Mr. Russell MacKinnon

MR. SPEAKER: Order, please. We will begin the daily routine.

PRESENTING AND READING PETITIONS

MR. SPEAKER: The honourable member for Halifax Clayton Park.

MS. DIANA WHALEN: Mr. Speaker, I beg leave to table a petition from concerned residents of Roundhill, Nova Scotia, who oppose the spraying of Vision. There are 464 names on the petition and I have affixed my signature.

MR. SPEAKER: The petition is tabled.

PRESENTING REPORTS OF COMMITTEES

TABLING REPORTS, REGULATIONS AND OTHER PAPERS

STATEMENTS BY MINISTERS

GOVERNMENT NOTICES OF MOTION

5647

[Page 5648]

MR. SPEAKER: The honourable Minister of Education.

RESOLUTION NO. 2882

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

Whereas Read to Me!, the Nova Scotia family literacy program, has contributed to literacy in Nova Scotia by presenting new families with books and literacy tools; and

Whereas the program has reached more than 15,000 families since its launch in 2002; and

Whereas the program has now been successfully implemented at all 11 Nova Scotia hospitals that provide obstetric service and reaches the estimated 10,000 babies born in the province each year;

Therefore be it resolved that all members of this House extend congratulations to the Read to Me! Program for this accomplishment and applaud their work to nurture new generations of literate Nova Scotians.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Minister of Environment and Labour.

HON. KERRY MORASH: Mr. Speaker, I would like to make an introduction preceding the notice of motion. Members of the House, this morning, received a treat from Clean Nova Scotia and I will kind of use a prop, something that was supplied to everyone. We all received samples of the Halloween treat bags that are going out to elementary schools during Waste Reduction Week. It is certainly my pleasure to introduce the bearers of these gifts. Joining us in the gallery today are Brenda MacDonald, Chairman of Clean Nova Scotia; Steve Machat, Executive Director; and Natalie MacLellan, Coordinator of Waste Reduction

[Page 5649]

Week. I would ask if these individuals would stand and receive the warm welcome of the House. (Applause)

These Nova Scotians are committed to protecting our environment and we thank them very much for their efforts. We enjoy our partnership with them and their colleagues on many initiatives and I would like to now read a notice of motion.

MR. SPEAKER: The honourable Minister of Environment and Labour.

RESOLUTION NO. 2883

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

Whereas we'll be celebrating Waste Reduction Week from October 18^th to October 24^th with Clean Nova Scotia, RRFB Nova Scotia, and municipalities; and

Whereas Nova Scotians know that this province is too good to waste, and our dedication to keeping it clean is evident as we divert about half our solid waste from landfills; and

Whereas during the week, there are contests and a host of other activities taking place to remind us all of steps we can take in our day-to-day lives to waste less and protect our environment;

Therefore be it resolved that all members of this House remember to recycle their papers, use travel mugs, walk more and drive less, and join all Nova Scotians in many more activities to keep this province beautiful.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

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

The motion is carried.

[Page 5650]

INTRODUCTION OF BILLS

Bill No. 142 - Entitled An Act to Amend Chapter 197 of the Revised Statutes of 1989. The Health Services and Insurance Act. (Mr. David Wilson [Glace Bay])

Bill No. 143 - Entitled An Act to Dissolve the Ladies Golf Association of Nova Scotia and to Repeal Chapter 128 of the Acts of 1973. The Ladies Golf Association of Nova Scotia Act. (Hon. Michael Baker as a private member.)

MR. SPEAKER: Ordered that these bills be read for a second time on a future day.

NOTICES OF MOTION

MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.

RESOLUTION NO. 2884

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

Whereas Eastern Passage Intermediate D Fastball Team, Ryan's Cones went undefeated at this year's provincial championships in Bridgewater; and

Whereas the Ryan's Cones Fastball team beat Enfield 9 - 7 to win the title; and

Whereas the 2004 Nova Scotia Provincial Intermediate D Fastball Championship title went to the team from Eastern Passage;

Therefore be it resolved that this House congratulate the Eastern Passage Ryan's Cones fastball team, and, in particular, Coach John (Gump) MacKenzie for winning the Provincial Intermediate D Fastball Championship, and special thanks to Shane Jones and Jenny Lowe, owners of Ryan's Cones, for the sponsorship of the team.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

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

[Page 5651]

The motion is carried.

The honourable Leader of the Liberal Party.

RESOLUTION NO. 2885

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

Whereas Philippe Comeau has been a dedicated volunteer in Clare for many years; and

Whereas the Clare Branch of the Canadian Cancer Society recognized Mr. Comeau's outstanding work for the Cancer Society in awarding him a special honorary certificate; and

Whereas Philippe Comeau has shown genuine warmth and caring towards people with cancer for over 30 years;

Therefore be it resolved that the members of this House extend their best wishes and congratulations to Philippe Comeau of Church Point for his outstanding contributions to the Clare Branch of the Canadian Cancer Society.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Shelburne.

RESOLUTION NO. 2886

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

Whereas Camp Jordan has been a treasure to the youth of Shelburne County for more than 40 years; and

[Page 5652]

Whereas approximately 150 children take part each Summer in one of the seven camps offered; and

Whereas a fundraising committee has been struck in hopes enough funds can be raised to build an activity centre for the children;

Therefore be it resolved that MLAs commend the ardent work of these volunteers as they set out to raise $200,000 for this new activity centre to replace the current 42-year-old lodge at Camp Jordan.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Pictou West.

RESOLUTION NO. 2887

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

Whereas small business is the backbone of the Nova Scotia economy; and

Whereas John Morrison of Pictou has recently established a new business, JLM Sales, which provides a sales service to smaller local manufacturers across the Maritimes; and

Whereas JLM Sales already has contracts with manufacturers in Halifax, Cape Breton and Pictou County, and will be representing them across the Maritimes and into New England;

Therefore be it resolved that this Nova Scotia Legislature congratulates John Morrison for his entrepreneurial spirit, and wish him every success in his new venture.

Mr. Speaker, I request waiver of notice.

[Page 5653]

MR. SPEAKER: There has been a request for waiver.

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 Halifax Clayton Park.

RESOLUTION NO. 2888

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

Whereas September 25, 2004 was Walk to D'Feet ALS Day in Halifax and Sydney; and

Whereas over $94,000 was raised by the walk in Nova Scotia, as part of the Canada-wide effort to eradicate ALS; and

Whereas Team Spence, led by Gary and Shannon Spence of Clayton Park, included 61 individuals who raised over $18,000 in the Halifax walk;

Therefore be it resolved that all members of this House congratulate the members and supporters of Team Spence and everyone who took part in the Walk to D'Feet ALS.

Mr. Speaker, I request waiver of notice.

[9:15 a.m.]

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

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

The motion is carried.

[Page 5654]

The honourable Minister of Human Resources.

RESOLUTION NO. 2889

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

Whereas having quick access to life-saving equipment is essential to saving lives; and

Whereas police departments are frequently first responders to those in need; and

Whereas defibrillator machines can restore the pumping of blood in cases of cardiac arrest;

Therefore be it resolved that all members of this House extend special thanks to the Bridgewater Rotarians for donating defibrillators to the Bridgewater Police Department for use in their patrol cars.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Cape Breton Nova.

RESOLUTION NO. 2890

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

Whereas on Tuesday, September 28, 2004, 13 golfers were honoured as members of the Cape Breton Beverages Lingan Golf and Country Club Hole-In-One Club; and

Whereas 17-year-old Connor Pace in his first year as an aspiring golfer was one of those honoured; and

[Page 5655]

Whereas Connor was presented with a commemorative gold putter for his noteworthy accomplishments;

Therefore be it resolved that members of the Legislative Assembly congratulate Connor Pace on his memorable achievement of being honoured as a member of the Cape Breton Beverages Lingan Golf and Country Hole-In-One Club and wish him all the best in his future golfing endeavors.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Annapolis.

RESOLUTION NO. 2891

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

Whereas the Heart and Stroke Foundation of Nova Scotia consistently raises the significance of the health promotion strategies in Nova Scotia as a way of addressing chronic illnesses and wait times; and

Whereas the Heart and Stroke Foundation of Nova Scotia made the important connection between chronic illness and regional planning with the recent release of its report, The Cost of Physical Inactivity in Halifax Regional Municipality; and

Whereas the report states that to create environments supportive of improved health, the government and the Office of Health Promotion must take a comprehensive approach to health promotion by engaging Service Nova Scotia and Municipal Relations, Transportation and Public Works, and Environment and Labour, among other departments, in the development implementation of healthy public policy;

[Page 5656]

Therefore be it resolved that all members of this House acknowledge the great work of the Heart and Stroke Foundation of Nova Scotia and wish them continued success as they help us bring awareness to health promotion strategies for the province.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Minister of Justice.

RESOLUTION NO. 2892

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

Whereas the Rotary Club of Lunenburg is holding its 2^nd Annual Fall Fling on October 16^th at the Old Fish Factory Restaurant in Lunenburg; and

Whereas the funds from the Fall Fling are used by the Rotary Club to support many worthwhile projects such as Erin Moore's Ghana School Project; and

Whereas Lunenburg Rotarians are hoping to improve on last year's success, where they raised more than $8,000;

Therefore be it resolved that members of the House of Assembly congratulate the Rotary Club of Lunenburg on their fundraising success and wish them good luck with respect to their 2^nd Annual Fall Fling.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

[Page 5657]

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

The motion is carried.

The honourable member for Sackville-Cobequid.

RESOLUTION NO. 2893

MR. DAVID WILSON (Sackville-Cobequid): Mr. Speaker, on behalf of the member for Dartmouth North, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the MacCullough family was instrumental in bringing about the March Against Violence in Dartmouth North some five years ago because of the horrible murder of their son, Jason; and

Whereas at this 5^th Annual March Against Violence more than 400 were on hand to inaugurate the Jason MacCullough Memorial Park in Dartmouth North; and

Whereas the park is a testament of the residents' commitment to taking back their community and assuring the MacCulloughs that their quest for peace will be upheld;

Therefore be it resolved that the Nova Scotia House of Assembly commend the MacCullough family for the courageous crusade against violence and thank the residents of Halifax Regional Municipality for dedicating a park in the name of Jason MacCullough.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Digby-Annapolis.

[Page 5658]

RESOLUTION NO. 2894

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

Whereas the International Search and Rescue Competition will take place in Portsmouth, Virginia, November 5^th and 6^th; and

Whereas this competition between teams from Canada and the United States is an opportunity for both countries' Coast Guard Auxiliaries to demonstrate and practice their life-saving skills; and

Whereas John Levy and a team from the South Shore of Nova Scotia will be competing as representatives from Canada;

Therefore be it resolved that all members of this House acknowledge the contribution that Coast Guard Auxiliaries make to the safety of our waterways and wish John and the team every success in this competition.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Minister of Environment and Labour.

RESOLUTION NO. 2895

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

Whereas in 1973 the United Communities Fire Department was established to protect the residents of Voglers Cove, Cherry Hill and Broad Cove, and an abandoned church was purchased for $1 and converted into the fire station; and

[Page 5659]

Whereas over the years the fire station was expanded to accommodate new vehicles and provide better facilities for the firefighters with continuous fundraising over the past 10 years to build a proper multi-use facility; and

Whereas this summer Whitestone Developments donated the services of four of their employees to construct the 2,800 square foot extension of the United Communities Fire Hall;

Therefore be it resolved that all members of this House recognize the tremendous contribution of labour and expertise by Whitestone Developments and thank the owners, Andrew and Tamara Watson, for their continuing support of worthy projects across Nova Scotia.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Dartmouth East.

RESOLUTION NO. 2896

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

Whereas yesterday Canadian retailers and the computer and video game industry announced the launch of a new Commitment to Parents' initiative that along with Nova Scotia's new video game legislation will help to ensure that games purchased are age appropriate; and

Whereas Commitment to Parents is a great example of how government and private industry can work together to protect our children; and

Whereas this comprehensive approach will include a public awareness campaign to educate parents about the rating system by various means, such as public service announcements, point of purchase signage, store associate training and a consumer online hotline;

[Page 5660]

Therefore be it resolved that this Legislature commend the entertainment industry, the Entertainment Software Rating Board, the Entertainment Software Association, and the retail partners on their Commitment to Parents' initiative.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Halifax Clayton Park.

RESOLUTION NO. 2897

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

Whereas Betty's Cards and Gifts, a family-owned business in the Clayton Park Shopping Centre, will celebrate its 15^th year in business on October 15, 2004; and

Whereas the store has been awarded two Hallmark Awards of Excellence in 2000 and 2003; and

Whereas Betty Cluett and her staff have consistently provided superior service to their customers and support to community projects, including Adsum House and Hope Cottage;

Therefore be it resolved that the members of this House congratulate Betty Cluett and her staff on their 15^th Anniversary and acknowledge the strong commitment they have shown to their customers.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

[Page 5661]

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

The motion is carried.

The honourable Minister of Economic Development.

RESOLUTION NO. 2898

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

Whereas November 22^nd is declared Wake Up Call Awareness Day in Amherst, Nova Scotia, as well as other locations across Canada; and

Whereas you can support this day by having an annual medical checkup and encourage your family and friends to do the same on or before November 22^nd; and

Whereas the Amherst Recreation Hockey Team is aiming to have this day acknowledged from coast to coast in memory of Ron Elliott, Jr. who died while playing hockey on November 22, 1998 at the age of 40;

Therefore be it resolved that all members of this House support this worthwhile effort by having a medical checkup and encouraging our fellow members to do the same.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Halifax Needham.

MS. MAUREEN MACDONALD: Mr. Speaker, before I read my resolution, I would like to do an introduction. Today in the west gallery we are joined by three people who are members of the Nova Scotia Association of Professional Counsellors, and I would ask them to stand after I read their names and I would ask members of the House to give them a warm

[Page 5662]

welcome. They are Kimberly Strange, Madeleine Lelievre, and Marian McDonald. Welcome. (Applause)

MR. SPEAKER: The honourable member for Halifax Needham.

RESOLUTION NO. 2899

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

Whereas professional counsellors perform services to promote physical, mental and emotional well-being to residents of Nova Scotia; and

Whereas this group is asking the Nova Scotia Government to recognize its place in the health professions and legislate the establishment of a college of professional counsellors; and

Whereas in spite of three years of lobbying the government, this group as been unsuccessful, so far, in having legislation brought forward;

Therefore be it resolved that this government recognize the value of regulating professional counsellors to recognize their role in the health care delivery system and to help protect consumers by bringing forward legislation at the earliest possible opportunity.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Hants East.

RESOLUTION NO. 2900

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

Whereas living out our golden years is a goal most people look forward to with anticipation; and

[Page 5663]

Whereas reaching the remarkable milestone of 100 years and then even beyond, provides quiet hope for all of us for a very long life; and

Whereas Mary MacDougall, of West Gore celebrated her 105^th birthday on September 20, 2004;

Therefore be it resolved that this House of Assembly congratulate Ms. MacDougall, on her birthday celebration of special note and wish her many more.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Halifax Needham.

RESOLUTION NO. 2901

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

Whereas over the past 10 years, Jerry Blumenthal has unfailingly served his community as a strong voice for North End Halifax at city hall; and

Whereas "Mr. B", as he is affectionately known, will be taking a break from public life, to spend time with his wife Nancy, who has contributed greatly to Jerry's effectiveness and availability at all hours of the day and night; and

Whereas in addition to 10 years as councillor, Jerry Blumenthal also has served as HRM Deputy Mayor and President of UNSM;

Therefore be it resolved that the Nova Scotia Legislature thank Jerry Blumenthal for his service to his constituents, the HRM, and the Province of Nova Scotia, and extend best wishes to him and his wife Nancy, as he steps aside as councillor for District 11.

Mr. Speaker, I request waiver of notice.

[Page 5664]

MR. SPEAKER: There has been a request for waiver.

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 Timberlea-Prospect.

RESOLUTION NO. 2902

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

Whereas the St. Margarets Bay Breakers swim team competed in the provincials in Bridgewater; and

Whereas team members won 91 individual ribbons, with the team placing 8^th overall;

Whereas the St. Margarets Bay Breakers have a strong tradition of involvement and commitment to the sport of swimming in our community;

Therefore be it resolved that the Nova Scotia Legislature recognize the efforts of the coaches, team members and parents of the St. Margarets Bay Breakers with best wishes for a bright future.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Annapolis.

[Page 5665]

RESOLUTION NO. 2903

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

Whereas one of our favourite scribes from The ChronicleHerald recently got married, I might add, a good Annapolis County boy; and

Whereas his presence around these historic halls were missed, but understandably so during this happy time; and

Whereas we hope the new found responsibilities won't mean that his days of raising a few pints after work with the members of staff at the Legislature are not over;

Therefore be it resolved that all members of this Legislature congratulate David Jackson and his new wife, Janette Frelick, on their marriage and wish them many years of happiness together.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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 Timberlea-Prospect.

[9:30 a.m.]

RESOLUTION NO. 2904

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

Whereas the Prospect Bantam "AA" baseball team had a successful and busy season this summer; and

[Page 5666]

Whereas throughout their season the Prospect Bantams won 30 games and captured gold medals in four tournaments; and

Whereas Steven Sinyerd and Kevin Whalen gave exemplary service as coaches of this team;

Therefore be it resolved that the Nova Scotia Legislature congratulate the players, coaches, parents and all involved with the Prospect Bantams.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

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

The motion is carried.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

MR. SPEAKER: The honourable Deputy Government House Leader.

MR. WILLIAM DOOKS: Mr. Speaker, would you please call the order of business, Private Members' Public Bills for Third Reading.

PRIVATE MEMBERS' PUBLIC BILLS FOR THIRD READING

MR. SPEAKER: The honourable Deputy House Leader.

MR. WILLIAM DOOKS: Mr. Speaker, would you please call Bill No. 132.

Bill No. 132 - Amusement Devices Safety Act.

MR. SPEAKER: The honourable member for Cape Breton Nova.

MR. GORDON GOSSE: Mr. Speaker, I'm very pleased to rise in this Legislature today for this bill, which I think will protect a lot of young people on amusement park rides. I would also like to thank all members of this Legislative Assembly, as sometimes with

[Page 5667]

outdated legislation, legislation that has to be updated, this is why a minority government works, and today it is working. The legislation, I think, is good. I really appreciate the all-Party support for this legislation in this Legislature.

I would also like to thank the industry at the Law Amendments Committee for some amendments that would really make a difference. The summary offence tickets I think are very important to put a stop to dangerous rides if that occasion happens to occur, Mr. Speaker. So, I am very pleased and happy today to move this bill for third reading.

MR. SPEAKER: The honourable Deputy Premier.

HON. RONALD RUSSELL: Mr. Speaker, the government is pleased to support this bill going through third reading. It is noted that the bill has been considerably strengthened as it has progressed through the various stages in the progression of the bill. I think that we have a bill now that is workable and one that is, as I say, a very strong bill that does indeed provide the type of safety that we should be demanding from those who are involved in the amusement industry.

MR. SPEAKER: The honourable member for Timberlea-Prospect.

MR. WILLIAM ESTABROOKS: Mr. Speaker, further to the comments made by the Government House Leader, and as a member of the Law Amendments Committee, it was appreciated that there were certain amendments brought forward that did strengthen and did add to the impact of this important piece of legislation. That working advice in the Law Amendments Committee is always appreciated, particularly from the government side.

At this time I would like to take the opportunity to recognize a rookie member of this Legislature, although he's not a rookie anymore, considering his accomplishments as he has been in this House. As a new member, the member for Cape Breton Nova has come to this House and faced, as we all did in our time, a steep learning curve, and when it comes to anything that has a curve on it, let me tell you, the member for Cape Breton Nova can hit it out of the park. In this particular example, the member for Cape Breton Nova showed the initiative, showed the ability to take this piece of legislation in here, and this piece of good legislation based upon common sense and co-operation from the government opposite, he has hit it out of the park. So I would like to congratulate the member for Cape Breton Nova on his initiative.

MR. SPEAKER: If I recognize the honourable member it is to close the debate.

The honourable member for Cape Breton Nova.

MR. GORDON GOSSE: Mr. Speaker, I would like to now close debate on this bill.

[Page 5668]

MR. SPEAKER: The motion is for third reading of Bill No. 132. Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

Ordered that this bill do pass. Ordered that the title be as read by the Clerk. Ordered that this bill be engrossed.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call Bill No. 135.

Bill No. 135 - House of Assembly Act.

MR. SPEAKER: The honourable Deputy Premier.

HON. RONALD RUSSELL: Mr. Speaker, I'm pleased to move third reading of Bill No. 135 and simply make the comment that this was a bill that came forward from all three Parties to resolve the difficult problem of establishing the salaries and allowances for MLAs. This may not be the perfect solution, but it's certainly a solution that is suitable for this year. Thank you.

MR. SPEAKER: The motion is for third reading of Bill No. 135. Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

Ordered that this bill do pass. Ordered that the title be as read by the Clerk. Ordered that the bill be engrossed.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call the order of business, Private Members' Public Bills for Second Reading.

PRIVATE MEMBERS' PUBLIC BILLS FOR SECOND READING

MR. SPEAKER: The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call Bill No. 110.

Bill No. 110 - Protection for Persons in Care Act.

[Page 5669]

MR. SPEAKER: The honourable member for Halifax Needham.

MS. MAUREEN MACDONALD: Mr. Speaker, I rise in my place to speak for a moment on this bill which I introduced toward the beginning of this session and it's an Act for the Protection of Persons in Care.

This is a bill that will serve to protect those most vulnerable members of our community who find themselves in health facilities like hospitals, or a residential care facility, or any institution or organization that has been designated as a health facility where, sadly, sometimes, people may experience some mistreatment. This is a bill which places an onus on the service provider to ensure that people who are patients in facilities that they operate will be protected from abuse. This is a bill that requires the reporting of abuse, if it occurs in these institutions or facilities and this is a bill that requires the minister to have in place a process of investigation where abuse is occurring, and the information has been put before the minister that this is the case.

We have heard stories from around the country, sadly, of seniors and persons with disabilities who are very vulnerable and, on occasion, may experience abuse. I think it's important that we understand that we're talking about intentional, wilful acts of mistreatment that may be physical abuse, sexual abuse, mental, emotional, financial or any combination of behaviours that could lead to real and serious harm - physical harm, psychological harm - to a person, and a person who is a patient, a client, a consumer in one of these health facilities.

This bill sets out a clear duty on providers of services to have workplaces or care facilities that are free from abuse and it not only provides, but it mandates the reporting of abuse where it occurs, and it sets out a clear process for investigation of allegations that are brought forward. Hopefully, what this bill will do, is ensure that people who are in facilities, who are vulnerable people, will have protection from abuse. I think many members of our community would have, I think, reassurance that there are in place processes for protecting their loved ones and members of our community who are vulnerable in their time of need in these facilities.

Mr. Speaker, this legislation mirrors legislation that's been in place in some other provinces for a considerable period of time. I think the Government of Manitoba introduced similar legislation four years ago, and this legislation seems to be working very well in that jurisdiction. I would encourage my colleagues here in the Legislature to look at this bill in a sober and a supportive way. This is a piece of legislation that's long overdue to ensure the protection of vulnerable people who are in care in Nova Scotia.

Mr. Speaker, I move second reading.

MR. SPEAKER: The motion is for second reading of Bill No. 110. Would all those in favour of the motion please say Aye. Contrary minded, Nay.

[Page 5670]

The motion is carried.

Ordered that the bill be referred to the Committee on Law Amendments.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, can I have the House recessed for a period of about nine minutes, because I want to bring the Law Amendments Committee out on a recess, as well, and bring them back into the House. Then we will carry on with Public Bills for Second Reading.

MR. SPEAKER: The House will recess until approximately 9:50 a.m.

[9:42 a.m. The House recessed.]

[9:58 a.m. The House reconvened.]

MR. SPEAKER: Order, please. We will resume our business.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call the order of business, Public Bills for Second Reading.

PUBLIC BILLS FOR SECOND READING

MR. SPEAKER: The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call Bill No. 130.

Bill No. 130 - Legal Profession Act.

MR. SPEAKER: The honourable Minister of Justice.

HON. MICHAEL BAKER: Mr. Speaker, I will rise briefly to speak on this bill. I should begin by commenting that we have with us today, in the gallery, Mr. Darrel Pink, who's the Executive Director of the Nova Scotia Barristers' Society, who has certainly been very instrumental in the drafting of this bill. I should also indicate, for the benefit of the House, that I've had the pleasure to deal with a number of presidents of the Nova Scotia Barristers' Society, over a period of time, on this bill. The current president is Mr. John McFarlane. I've had an opportunity to deal with Mr. McFarlane and a number of his predecessors concerning the bill.

[Page 5671]

Mr. Speaker, this bill is a result of an exhaustive review of the current Act that governs the legal profession in this province, the Barristers and Solicitors Act. This bill is intended to replace that Act, and is intended to provide an enhanced governance model for the society as it goes about its business in the future. The primary role and responsibility of the Nova Scotia Barristers' Society is to regulate the legal profession in the public interest. That is the most fundamental duty of the society, and one which is enshrined in this piece of legislation.

[10:00 a.m.]

The bill deals with a number of issues, Mr. Speaker. It reinforces the role of the Bar council in establishing and continuing legal education and professional development programs for the legal profession in Nova Scotia. It deals with issues such as the holding of clients' money in trust accounts and protection of the public property that would be in the hands of lawyers in Nova Scotia. Of course, it deals with an attempt to bring plain-language legislation, and this legislation is being drafted in what is known as a plain-language style. Even with this, I'm sure there will be members of the public who will perhaps correctly say that the language isn't as plain as they might like, but it certainly has been a very exhaustive attempt to clarify the Act and to make it easy to read.

Mr. Speaker, this bill has been exhaustively worked on over a number of years. It certainly has been a source of some discussion within the legal profession in our province. I know I've had discussions, and I want to specifically comment that I've had discussions with my colleagues, the Justice Critics for the Official Opposition and the Liberal Party on the bill. I appreciate their input and helpful interventions with respect to the matter. I believe that this bill should receive second reading and be referred to the Law Amendments Committee. I know that there are amendments which will be proposed with respect to the bill in an attempt to improve it.

Mr. Speaker, we are very supportive, in conjunction with the Nova Scotia Barristers' Society, in making sure that this legislation is the best legislation possible, and will work with the members of the House, in particular I know the honourable member for Richmond has an amendment which we have looked at, the principle of which we support. I believe we have an understanding on the language.

Mr. Speaker, with that I will take my place. I move second reading of Bill No. 130, and look forward to the speedy passage of that legislation.

MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.

MR. KEVIN DEVEAUX: Mr. Speaker, I wanted to speak for a few moments on this bill. I appreciate the comments of the Minister of Justice. To start with some of the substance and principle of the legislation, I wanted to note that this is a change in how the Barristers'

[Page 5672]

Society will operate. Having spoken to the Barristers' Society in a briefing, prior to the introduction of the bill, my understanding is that the main focus of the Barristers' Society now is the protection of the public in regulating the Barristers' Society, which does change, to some extent - I believe before it was a dual mandate, both to represent the barristers, to represent lawyers in Nova Scotia, but also to protect the public in the practice of law. I think their mandate has shifted more to the regulatory side, to the side of protection. I think if you talked to most lawyers in Nova Scotia, they would probably tell you that that was their main mandate in the past, anyway.

It is an important and vital mandate. When someone walks into a law office, when someone knows that they're dealing with a lawyer in court, or if they need a will done, or if they need a real estate transaction, I think Nova Scotians have to have confidence that the person on the other side of that desk that they're dealing with has met certain standards, that those standards are second to none, that they're as good as any place in Canada, if not the world, and that that person across there has both the education, the skills, the ongoing education and the ethics to ensure that they're going to represent them properly.

That's an important test. Mr. Speaker, as a police officer in a previous life, you know, having dealt with lawyers a lot. It's a challenging profession, it's a profession that, all too often, I will say, is skewered in society as one that is criticized. I like to sometimes joke that lawyers are the last group of designated people who are allowed to be openly criticized in society. That's unfortunate, because I really do believe that it is a noble profession. I'm glad to be a part of it. I was very proud of the education that I received. I'm very glad to be a member of the Bar in Nova Scotia, a member of the Bar in Ontario, and knowing full well that the practice of law is an important practice for all Nova Scotians.

I think on a regular basis people have a tendency to skewer lawyers, there's all these lawyer jokes you hear from time to time - which I'm not going to put on the record, I'm sure many others here might be prepared to do it - but the fact is, in the end, society functions in a more reasonable manner, it functions in a better manner because of the work of lawyers. I'm more than glad to say that on the record. I think that's an important aspect of this.

I would specifically suggest, may I note, having worked in other parts of the world that, in particular, Canadian lawyers have a high reputation. A high reputation I think because we've adopted very much the British system. We've tinkered with it and changed it a bit, but as a result, the British system is very well respected in the world and I think in Canada it's done us well. I think there's always that sense of lawyers in Canada having - like a lot of things in the world, Canadian lawyers and Nova Scotian lawyers, I think, are somewhere between the British and American systems. Maybe we find the best of both of those and create even a better system. I don't know. Others will be the judge of that, history will be the judge.

[Page 5673]

I think in Nova Scotia we have a very capable Bar, we have a Bar that is strong, successful and I look forward to more debate on this piece of legislation. I look forward to hearing at the Law Amendments Committee those who have issues or no issues with this particular bill or happy with it. I think it's important that we continue to ensure the public is protected and this is an important move forward with new legislation.

I think it's important to note, the Barristers' Society has spent years working on this. This isn't something that came out of the blue. I know they've been doing consultations, they've had it on their Web site. This is something that they've been working on for three or four years and they've been eager to see it pass, I'm sure. Many others in society have also been interested in seeing their legislation pass as well. I would be remiss and I know my colleague will probably speak on this that there are many other organizations as well that deserve to have recognition and protection of their rights as professionals, that this government has failed to produce legislation.

Maybe the difference is that this is the Minister of Justice - and I look at the Minister of Health and most of the backlog is in his department. I will say that in the case of the Minister of Justice, he has been effective in bringing forward legislation with a group that he regulates. We can see it with the Police Act as well. Maybe the Minister of Health should be taking notes - I hope he has his pen in his hand right now and is writing this down because I think it's important that we ensure that not only lawyers, police officers, but that all groups in Nova Scotia - not only for themselves, but for the protection of the public - have the right to protection, have the right to be regulated so they can protect both their profession and those who go to obtain the services of that profession. I hope someday that we're not just dealing with the Barristers and Solicitors Act, the Legal Profession Act, that we're dealing with a lot of other legislation as well.

So with those words, I look forward to the Law Amendments Committee to hearing more and in closing, our caucus supports this bill. Thank you.

MR. SPEAKER: The honourable member for Cape Breton Nova on an introduction.

MR. GORDON GOSSE: Mr. Speaker, I'd like to bring the members' attention to the west gallery today. In the west gallery, we have Michelle Gardiner who is president of the Autism Society of Cape Breton. Today she has her son, James, and daughter, Patricia, with us. I hope she enjoys the proceedings. Thank you. (Applause)

MR. SPEAKER: We certainly welcome our guests to the gallery today, hope you enjoy the proceedings.

The honourable Minister of Service Nova Scotia and Municipal Relations on an introduction.

[Page 5674]

HON. BARRY BARNET: Mr. Speaker, today in our east gallery we have visiting us a group of 24 Grade 8 students from Madeline Symonds Middle School. Along with them is Eric Thorne and Linda Gelevan who are the teachers. I'd ask the members to give them the usual warm welcome of the House. If they could rise, please. (Applause)

MR. SPEAKER: We certainly welcome our special guests to the gallery today and hope they enjoy the proceedings.

The honourable member for Richmond.

MR. MICHEL SAMSON: Mr. Speaker, as Justice Critic for the Liberal caucus, it gives me pleasure to rise today and speak on Bill No. 130, the Legal Profession Act. As has been mentioned by the Minister of Justice and the House Leader for the NDP caucus, this bill is meant to replace the former Barristers and Solicitors Act, better modernize the workings of the society - in fact, the Barristers' Society has sought to put its functions more clearly defined in the Act itself.

We have to keep in mind that the purpose of the society, as has been mentioned by the House Leader of the Official Opposition, has now been set out in Clause 4 where it says: "The purpose of the Society is to uphold and protect the public interest in the practice of law." So clearly what this bill is meant to do is to set out how the society is going to go about protecting the public interest.

Mr. Speaker, as parliamentarians, when you see a piece of legislation like this, there are 43 pages here in this bill which I would say in my six years is probably one of the largest bills that has come before this House. I believe the importance of this bill, in its mandate to protect the society, indicates to us, as parliamentarians, that we must take our time in reviewing this legislation in making sure that it is the appropriate legislation and that it meets the test of allowing the society to protect the public interest.

I can tell you, Mr. Speaker, that this is one of those bills which I believe that the time that is taken by us, as parliamentarians, in looking at this and analyzing it before it reaches second reading, is an example of how minority government can work because I can tell you if this was a majority government, this bill would have been introduced at the will of the Minister of Justice and at the will of the Government House Leader with little or absolutely no consultation from the Opposition as to any concerns with the bill. So the fact that we now have a minority allows for more discussion, allows for an opportunity to have these bills presented in a fashion that gives a level of comfort to the different Parties in this House, to make sure that there's not a sense of this bill being rushed through, but that there is certainly a full and open discussion as to how this legislation is going to move forward and I think, in this bill, that has taken place.

[Page 5675]

Mr. Speaker, in second reading, without getting into all the specifics of the bill, this is a bill that is meant to protect the public interests. I do hope that once we do arrive at the Law Amendments Committee, the public will take the opportunity, and those impacted by such legislation will take the opportunity to make presentations, to make themselves heard, and to truly understand the nature of this bill.

I have met with the President of the Nova Scotia Barristers' Society, Mr. John McFarlane, whom I want to thank for his helpful interventions on this legislation and I made it clear that there were specific aspects of this bill which I was not comfortable with. As a parliamentarian, one of the aspects of the bill which caused me concern is the vast amount of regulation power that is being given to the society in this legislation. Now, I have realized that as parliamentarians we do no want to tie the hands of societies from being able to administer their affairs but, at the same time, if your goal is to have the protection of the public interest, you want to make sure that the public has the sense of comfort that their interest is being protected and any changes to such legislation would have to come before the House. Does this bill strike that proper balance? Only time will tell, Mr. Speaker, but I can tell you I have expressed those concerns and I still do hold those concerns as to how the bill itself is structured. (Interruptions)

MR. SPEAKER: Order, please. There is too much noise in the Chamber and I would ask the honourable members to take their conversations outside, please.

MR. MICHEL SAMSON: Mr. Speaker, one of the other issues which I raised is the whole issue of who can practise law. Now, when you say who can practise law, well, we all assume that naturally lawyers can practise law, but we know ourselves, as elected officials, that many times we are called upon to appear before some federal bodies, such as the Canada Pension Plan Review Tribunal, the income tax court which I've had - I'm not sure if I would say - the privilege or the horror of appearing in front of because it's quite an intimidating place to go when you don't have a strong financial background, but some, I'm sure, have appeared in front of immigration review tribunals also.

Those are federal bodies and my understanding is that the Bar would not have jurisdiction to regulate who can appear in front of a federal body, but we all know that we also have provincial bodies that we are often called upon to appear in front of, such as the Workers' Compensation Board and the different levels of hearings there where often elected officials are called upon to appear on behalf of a constituent. So there is an issue there and I can tell you as far as ourselves, as MLAs, there is protection in the bill that says that we would not be prevented from making such representation.

Mr. Speaker, we have to look further than that also and I've raised this concern with the Bar. I do hope that when the regulations are put in place and when they're enforced, they will keep that in mind. Often I can tell you, especially in rural communities, people such as teachers are called upon to maybe go to Small Claims Court, or maybe appear in front of

[Page 5676]

other bodies on behalf of individuals, to speak on their behalf, not for compensation, but because the person can't afford a lawyer, or doesn't have anyone to speak for them. So we want to make sure that those who have been doing this don't have a sense now that they should have a fear, that they should not be able to do this anymore and that somehow they may be facing repercussions for this. So that's something that I've raised with the Bar and I do hope that they will continue to be very sensitive on that.

Mr. Speaker, when we do have a bill such as this, it also gives us an opportunity to speak about some of the challenges facing the legal profession today which aren't necessarily addressed in this bill, but that all members of the legal profession, and I think as parliamentarians, we need to be prepared to address.

[10:15 a.m.]

One of the issues that I have raised, Mr. Speaker, is trying to find a means of either encouraging or even rewarding lawyers who do pro bono work, not just pro bono work in their own communities and volunteer groups and that, but who also make themselves available for individuals who cannot afford to pay for a lawyer. That's becoming a bigger and bigger concern in our society here in Nova Scotia. I can tell you that it is a great concern especially in the rural parts of this province where people just cannot find someone to represent them in court.

Allow me to give you some examples, Mr. Speaker, because the legal aid system is also a system which is in need of repair in this province, more importantly, it's need of better funding in this province. I say that, not only from the provincial government, but we would like to see even the federal government also provide more money for legal aid.

One of the problems that we're running into, Mr. Speaker, is that when a married couple decides that they wish to part and go through divorce proceedings, if they both qualify for legal aid, basically, whichever party gets the legal aid first, legal aid will usually represent them. The other party in the proceedings will be told, we'll give you a legal aid certificate, go out and find yourself a private practising lawyer, who will be given a certificate.

Now, what does that mean? Basically, the certificate is a form of payment from the Legal Aid Commission where they will pay a private lawyer a fee to represent that person. Now, the idea why legal aid won't represent both parties is to avoid the perception of a conflict, that the commission is representing two opposing parties. Whether that's still relevant today, if we should still look at it that way, that's something that's up for discussion.

I can tell you, Mr. Speaker, it's not that difficult to get the legal aid certificate, but I'll tell you that it's awful difficult to find a lawyer who wants to actually represent you on a legal aid certificate. I'm sure the Minister of Justice is aware of this because of the fact that these certificates do not pay what I would say is a fair or even hourly rate for the work. What they

[Page 5677]

do is, they only give you so many hours of preparation time for a certain matter regardless of how complex it is. If it is a divorce, then there is a standard, you get this many hours of preparation, this many hours for court time, this many hours for filings and everything else. The problem is that private lawyers are telling us that they cannot afford to represent people on what's being paid.

Now, one would hope that sometimes one could argue, well, they should feel a moral obligation to do so. One could argue that but, then again, I'm wondering those who would argue that if they would also go and tell the secretaries and the office assistants and the accountants in the legal offices whether they should also have a moral obligation not to get paid their regular fee or their regular wages when such representation is being made. So it is a complex issue and it is a difficult one, but it is one that I believe that the profession has to deal with, the profession has to address, and the government has to be there, in return, to work with the profession in addressing these issues.

Mr. Speaker, one of the other areas of concern with the legal profession is the Legal Information Society. These people do a tremendous job on behalf of Nova Scotians. The amount of phone calls and the amount of enquiries that they receive is staggering. I don't have the numbers in front of me off-hand, but I can tell you after having met with the representatives of the organization and getting the numbers, it is overwhelming to see how many Nova Scotians rely upon the Legal Information Society to give them information, to give them a sense of direction as to where they should be going when they have concerns around the law or when they might be in trouble with the law.

That, again, is a society, Mr. Speaker, that offers a valuable resource, an important resource in this province not only to the legal community, but to all Nova Scotians and, once again, unfortunately, is a society that is vastly underfunded, underfunded by the province. They do have significant fundraising drives where numerous Nova Scotians donate to them, which I commend. I have had the privilege of doing that myself on several occasions and I would encourage all members of the House to consider donating to them because I'm sure every one of us has constituents who has relied on the Legal Information Society in order to provide some direction when they have questions regarding the law.

So, Mr. Speaker, without going any further, as I've said, this is a significant bill. It is 43 pages long, which is one of the larger bills that we have seen come into this House, certainly the largest bill we've seen this session. So, I would submit to you that I do hope that we will see presentations at the Law Amendments Committee. I do know that the Bar has gone through extensive consultations, but at the end of the day, every Nova Scotian is meant to be protected by this legislation, so it should be of concern to all Nova Scotians, and it's important that we as legislators, listen to the Committee on Law Amendments presentations.

[Page 5678]

I am pleased that, once again, in speaking of how minority government can work, that some of the concerns that I had and our caucus had with this legislation are going to be addressed at the Committee on Law Amendments stage, where we've had discussions with the Minister of Justice, with the House Leader for the Official Opposition and with the representatives of the Bar. I'm pleased to say that we have at least one amendment now that has been agreed to, dealing with the composition of Bar Council. I think it's an important amendment and it's going to strengthen the Bar Council and not only that it's going to strengthen the various groups that are represented on Council, and I won't speak further on that until that matter is dealt with, but I'm certainly pleased to see that we were able to reach an agreement on this and have this bill move forward.

So, with that, Mr. Speaker, again, our caucus will be voting in favour of sending this bill off to the Committee on Law Amendments stage and we will be dealing with our amendment at that point, and certainly listening to any presentations that may arise, and react accordingly. Again, I thank President John McFarlane, his predecessors and all those who have worked very hard on bringing this legislation forward today. Thank you.

MR. SPEAKER: The honourable member for Halifax Needham.

MS. MAUREEN MACDONALD: Mr. Speaker, I'm pleased to have an opportunity to speak on this bill, the Legal Profession Act. Really, my purpose in taking a bit of the House's time to speak to this particular bill is not to really focus so much on this bill, or in fact to slow down the process of moving this bill to the Committee on Law Amendments, I think we're all in agreement that is what needs to happen. But I have to tell you, when I heard that the government was bringing forward this piece of legislation, I frankly was more than a little annoyed. Not to cast aspersions of any sort on the importance of legislation for the barristers, but as my Party's Health Critic, I have met with, I can't tell you how many, countless, groups of professional and semi-professional health care providers who are either without legislation, or who have legislation that is desperately in need of modernization and an overhaul, all of whom, have been working very hard for quite a few years to get the attention of the government.

So when I learned that this legislation was being brought forward this Fall, my question was, well what, frankly, is so special about the legal profession that isn't so special about some of these other groups, and I want to put on the record, so that perhaps the government will pay some attention to some of these other groups that they are ignoring in the process here in the Legislature.

Earlier today, Mr. Speaker, I introduced members of the Nova Scotia Association of Professional Counsellors, who were in our gallery. This is not a large group of people. In total, their membership amounts to about 70 or so persons, but these are individuals who are working in a variety of settings. They are in private practice. They work in employee assistance programs. They work in the counselling offices at the universities. They are trained

[Page 5679]

professionals. Most of them have master's degrees in counselling and in this province, we have no regulation, no legislation, regulating who does counselling, under what conditions they do counselling, or anything of this nature. This is an important issue.

When you go, as an individual, and secure the services of a professional counsellor, I would hope that you would have the assurance that you are getting services from people who adhere to standards, who have appropriate educational training, that have continuing education, all of the features that are provided for, for example, in the Legal Profession Act. We expect that people have the educational background and credentials to do that work, that they maintain some current continuing education so that they can stay up to date on the changes that occur, on a regular basis. that affect their profession and their ability to do the job.

So here we have a small group of people who have been trying to get the attention of the government in terms of introducing legislation that would not only recognize what they do, but give them the ability to regulate who is providing counselling services, what the standards are - the protection for the public, I think, is the issue that they are most concerned about and sadly, this government doesn't seem to be concerned, they don't share the concern of this particular group.

Another group who have gone unheard is the social workers. The Nova Scotia Association of Social Workers have had legislation, but the legislation has not worked as effectively as they would wish, and they have been working for a number of years now on provisions that would amend their legislation and would allow them to move forward as an association. The Minister of Community Services is fully aware of the situation, and yet we have not seen legislation brought forward this Fall in regard to the concerns of the Nova Scotia Association of Social Workers.

I don't have to tell people here on the floor of this House what social workers do in the province, and the importance of social workers, but I would like to ask the Minister of Community Services why he thinks that social workers in the Province of Nova Scotia don't warrant the same consideration of having their legislation modernized and amended and moved forward, as the barristers of the province? I would like that question to be answered.

There are other groups, Mr. Speaker, that are very concerned about their legislation and the need to modernize their legislation and they tend to be in the health professions. Licenced, dispensing opticians have been attempting to get changes to their legislation, and, as well, the other group is the Nova Scotia Association of Optometrists. Both of these associations have been looking for changes in their professional status in terms of their Act. I would like the Minister of Health to stand and perhaps explain to us why it is that licenced dispensing opticians and optometrists don't warrant the consideration of this government in this session, why have they not brought forward these amendments? We would have been fully in support of amendments to the Act.

[Page 5680]

These professional organizations have consulted widely, they've retained legal counsel, they have been working for many years, in most instances - this isn't something that they've thrown together over a six- or eight-week period - this is work that they, as members of their professional organizations, have invested many hours in, yet we have not seen legislation brought forward. They have literally rewritten the legislation themselves, and it's not a case of the government really having to invest a huge amount of government resources; they in fact, in most cases, have retained their own legal counsel and they have written amendments to their legislation.

[10:30 a.m.]

Mr. Speaker, there is a group of cardiology technologists who have an association and they have been trying for a long time, for many years, to get the attention of the government to introduce legislation. Legislation has been introduced in New Brunswick, and this group wants to be brought into the spectrum of health care professionals who have professional licensure, who have then the ability to develop standards of practice and enforce the standards of practice in a way that the public will be protected.

Finally, Mr. Speaker, I want to raise the matter that this Legislature some time ago - more than a year ago in fact - passed legislation that would regulate massage therapists in the province, yet the government has never proclaimed that legislation. This is a mystery to those of us on the Opposition benches, and we have never been able to get an adequate explanation from the government why it is that that particular piece of legislation, which was introduced by a member of the government as a Private Members' Bill and which did in fact pass through this Legislature, has never been proclaimed. I think these are all groups of people who provide really important services to Nova Scotians, in our province, and I can't understand why it is that they aren't given the same respect, consideration, and stature that the barristers have received here in having this legislation come forward.

I know when my colleague spoke earlier, he made some reference to lawyer jokes. I'm not going to make a lawyer joke, Mr. Speaker, although I have to say that the only jokes I ever remember are lawyer jokes, and they're the only jokes that I'm capable of telling, but I won't do that here. I think that it is important to give the barristers and the legal profession in the province an updated piece of legislation, and I fully support the fact that this bill is here. It just ticks me off a little bit that these other groups that are also important service providers in our community and our province which didn't merit, for whatever reason, the same consideration from the government - and I really felt that needed to be said.

MR. SPEAKER: The honourable member for Halifax Chebucto.

MR. HOWARD EPSTEIN: Mr. Speaker, I've heard several explicit references to not telling jokes this morning. I hope to fill the breach and entertain the members a little bit just for a moment. I'm not, however, going to tell a lawyer joke, I'll tell a rabbi joke - and I want

[Page 5681]

to explain why I was put in mind of this particular item. It's because in listening to two of my colleagues in my Party, I have heard them say relevant, pertinent things about the bill in front of us, and yet it might appear that they're saying slightly different things. I hear my colleague, the member for Cole Harbour-Eastern Passage, say that our caucus will be supporting this bill, and then I heard my colleague, the member for Halifax Needham, point out that she was a little annoyed that the bill was in front of us.

It put me in mind of something I've heard my father talk about. I gather that in the shtetls of Eastern Europe, which were the small rural communities of Jews, particularly in places like Poland, that frequently what would occur is that disputes would come to be resolved by the local rabbi. The rabbi was dealing with not just spiritual matters, but sometimes with practical matters, including things like land disputes. One day two disputing adjoining landowners came to see a rabbi in a shtetl, and the rabbi listened to the arguments put forward by the first landowner, and he thought about it for a minute and he said, you know, you're right. Then the second landowner spoke up and said, well, wait a minute, listen to what I have to say, and the second landowner went through the details and explained his view and the problem that he had. The rabbi thought about it for a minute and he said, well, you know, you're right. The rabbi's wife was sitting there listening to this exchange and she said, well, wait a minute, you said the first one was right, you said the second one was right, they can't both be right. The rabbi thought about it for a minute and he says, you know what, you're right, too. (Laughter)

Well, I was put in mind of this because it seems to me, surely, we have to focus on the issues that were raised by my colleague, the member for Halifax Needham, which is, is it in fact the case that this bill, which we support, is an example of queue jumping. Are the lawyers really jumping the queue here? I think we have to remember a few facts about this. My colleague is entirely correct that there are many other professions, some of which are already self-regulating, some of which have desires to become self-regulating, some of which have legislation that needs some overhaul, and yet it's not in front of this House, and probably should be.

We do have to remember that the barristers and solicitors of Nova Scotia are historically, I think, the first self-regulating profession here. Legislation first passed this House to deal with the profession in 1858. There has been continuous self-regulation since that time. What that means is that there's extensive experience that's been gained by this profession in self-regulation, in incorporating the public interest and in dealing with the complicated questions that come along with that obligation.

Furthermore, of course, we're not dealing here, fundamentally, with a situation in which there are tricky disputes - to use the colloquial term - over turf. There aren't extensive jurisdictional problems. There isn't the kind of problem that has plagued many of the allied health professions, which is how to generate a clear definition that sets apart their appropriate area of activity from the other appropriate areas of activity that should be in the hands of

[Page 5682]

other professions. Think, for example, of the difficulties of clearly defining what should be in the hands of acupuncturists or massage therapists compared with the normal practice of physicians. Or think how sometimes difficult it is to set aside certain forms of counselling from the profession of psychologists, where a doctorate is required and there's a board already in place.

I'm not saying that it's impossible to do these things. I'm far from saying that. What I am saying is that there are sometimes difficulties, and genuine difficulties, of definition that have to be grappled with that really aren't so much a problem now after more than 150 years of self-regulation in the legal profession - which reminds me of some of the observations made by my colleague, the member for Richmond, who spoke about the necessity of leaving room for other advisors to aid people who need some kind of advice finding their way occasionally through the bureaucracy, or through administrative tribunals.

One of the essential differences which I didn't hear him make reference to, is the fact that for the legal profession, for there to be an offense against the jurisdictional definition set out in the legal profession Acts, such undertakings have to be on the basis of fee gain or reward. I believe most of the instances, or all of the instances that he gave, were of people coming forward to volunteer to help out people in their community. If it's not done for fee gain or reward, no issue arises, so I hope he takes comfort from recalling that.

Yet, I still want to get back to this point about other professions still needing legislation to come forward, either to clarify their existing Acts, to improve their existing Acts, or simply to set in place a proper legal context for their activities. I believe, as my colleague for Halifax Needham does, that we should be grappling with those issues. What I think is that we should note that over the last number of years there has been an unfortunate pattern of exceedingly short sessions in the Fall and I, for one, am certainly prepared to take up not just the burden of public service imposed upon me as a lawyer, but the requirement of public service imposed on all of us as elected officials, and work a little longer in the Fall term.

There's some prospect that we can be out of this House for this Fall Session in less than a week. Now that's an exceedingly short period of time to have been here. We could easily have continued on for another month, another month and half. There's no reason why not, and if that were the case we could certainly, as a Chamber, have come to grips with a much longer list of bills that could have grappled with a variety of other topics, including the ones which my colleague for Halifax Needham drew our attention to.

I don't think that there's any shortage of willingness among the members here to get to work and deal with those topics, and we want to speak in the context of the minority government and encourage those who occupy the benches opposite to think seriously about bringing forward a longer list of bills that have gone through their various government departments, and been thought about and are ready for the further scrutiny of this House.

[Page 5683]

If it doesn't happen, of course, what will be the inclination of the Opposition Parties is to begin to introduce such bills themselves. I know that we are already being approached by some of these organizations that want to see improvements in their legislation as self-governing bodies, or want to see legislation brought in for the first time - we are already being approached to try to sponsor such bills. Of course it's much more appropriate when we're dealing with the regulation of professions that such legislation should come through a consultation and a policy development process in which the resources of the bureaucracy have been brought to bear. That's why I'm saying to the government members that we encourage them to engage in that process, and yet if this does go on too long - and I think we're about reaching that point - there will be serious interest on the part of the Opposition Parties to engage in sponsoring such bills.

Anyway, enough said on this. I do agree with both, as can now be seen, of my colleagues in my Party who spoke previously on this bill, and I think for very good reason we note the problems that the member for Halifax Needham identified, and respect those. We also note and agree with the comments of our Justice Critic, the member for Cole Harbour-Eastern Passage, that indeed, we will be supporting this bill at second reading. Mr. Speaker, thank you for the opportunity to make a few comments.

[10:45 a.m.]

MR. SPEAKER: If I recognize the honourable Government House Leader it will be to close debate on Bill No. 130.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, I'm pleased to move second reading of Bill No. 130.

MR. SPEAKER: The motion is for second reading of Bill No. 130. Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

Ordered that this bill be referred to the Committee on Law Amendments.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, we have two more bills, I believe, coming back from Law Amendments. Perhaps if we could have until 10:55 a.m., we could bring those two bills in and deal with them. Then we will adjourn the House for the day.

[Page 5684]

MR. SPEAKER: Is it agreed?

It is agreed.

The House will recess until 10:55 a.m.

[10:46 a.m. The House recessed.]

[11:00 a.m. The House reconvened.]

MR. SPEAKER: The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, I would ask for the consent of the House to revert to the order of business, Presenting Reports of Committees.

MR. SPEAKER: Is it agreed?

It is agreed.

PRESENTING REPORTS OF COMMITTEES

MR. SPEAKER: The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, on behalf of the Chairman of the Committee on Law Amendments, I am directed to report that the committee has met and considered the following bills:

Bill No. 119 - Agriculture Administration Amendment (2004) Act.

Bill No. 125 - Mandatory Testing and Disclosure Act.

Bill No. 131 - Police Act.

and the committee recommends these bills to the favourable consideration of the House, with certain amendments.

MR. SPEAKER: Ordered that these bills be referred to the Committee of the Whole House on Bills.

The honourable Government House Leader.

[Page 5685]

HON. RONALD RUSSELL: Mr. Speaker, on behalf of the Chairman of the Committee on Law Amendments I am directed to report that the committee has met and considered the following bill:

Bill No. 87 - Electricity Act.

and the committee recommends this bill to the favourable consideration of the House, without amendment.

MR. SPEAKER: Ordered that this bill be referred to the Committee of the Whole House on Bills.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, I would like to do two bills through the Committee of the Whole House on Bills and I would ask that the bills that I reported be added to the order paper for today.

MR. SPEAKER: Is it agreed?

It is agreed.

The honourable Government House Leader.

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

The motion is carried.

[11:03 a.m. The House resolved itself into a CWH on Bills with Deputy Speaker Mr. James DeWolfe in the Chair.]

[11:10 a.m. CWH on Bills rose and the House reconvened. Mr. Speaker, Hon. Murray Scott, 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 considered two bills:

[Page 5686]

Bill No. 119 - Agriculture Administration Amendment (2004) Act.

Bill No. 125 - Mandatory Testing and Disclosure Act.

and the chairman has been instructed to recommend these bills to the favourable consideration of the House, each without amendment.

MR. SPEAKER: Ordered that these bills be read a third time on a future day.

The honourable Minister of Service Nova Scotia and Municipal Relations.

HON. BARRY BARNET: Mr. Speaker, I'd like to introduce to members of the House, if I may, a group of Grade 8 students from Madeline Symonds Middle School who recently were out on a wet walking tour of Halifax and are now visiting us. With them today is Matthew Moriarty and Mary-Beth Osbourne, teachers. I would ask them to rise and receive the warm welcome of the House. (Applause)

MR. SPEAKER: We certainly welcome our young guests to the gallery today.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, I move the House do now rise to meet again on Monday at the hour of 5:00 p.m. The House will sit from 5:00 p.m. until 10:00 p.m., and the order of business will be Public Bills for Third Reading, Committee of the Whole House on Bills, and Private and Local and Public bills also on that same schedule.

Mr. Speaker, before the House rises, though, I should bring to the attention of the members of the House of the passing of a former librarian of the Legislature for many years. I can't remember how many years, but I know when I came here in 1978 she was the librarian - Shirley Elliott. From 1954 she served until - unfortunately, we don't have that information here, but she served for a long, long time. She was a member of the Order of Nova Scotia. A fabulous person, a person who knew the history of this place frontward and backward. I don't think there was a question on the history of Province House that you could stump Shirley Elliott on. She was a great lady and a true friend of the Legislature. Perhaps we should rise for a moment of silence in memory of Shirley.

MR. SPEAKER: Is it agreed?

The members will rise for a moment of silence for the late Shirley Elliott.

[One minute of silence was observed.]

[Page 5687]

MR. SPEAKER: Thank you, please be seated.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, I move that the House do now adjourn.

MR. SPEAKER: The motion is that the House adjourn until 5:00 p.m. on Monday.

Is it agreed?

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

The motion is carried.

The House is adjourned until 5:00 p.m. Monday.

[The House rose at 11:14 a.m.]

[Page 5688]

NOTICES OF MOTION UNDER RULE 32(3)

RESOLUTION NO. 2905

By: Ms. Maureen MacDonald (Halifax Needham)

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

Whereas Halifax peninsula is currently served by two high schools, Queen Elizabeth High School and St. Patrick's High School, each of which boasts both a gymnasium and an auditorium; and

Whereas the Department of Education proposes that the new school which will replace both of these aging schools will have only one gymnasium and no auditorium; and

Whereas the students and all residents of peninsular Halifax should not have to suffer a loss of facilities and services disguised as a replacement of their current buildings;

Therefore be it resolved that this House call upon the Department of Education to undertake to ensure that there will not be a loss of facilities upon construction of the new high school for peninsular Halifax.

RESOLUTION NO. 2906

By: Mr. Wayne Gaudet (Leader of the Liberal Party)

Par la présente, j'avise que je proposerai à une date ultérieure, l'adoption de la résolution suivante:

Attendu que René LeBlanc est reconnu dans la région de la Baie Sainte-Marie, dans la municipalité de Clare, pour ses talents artistiques dans la musique; et

Attendu que René s'est distingué à Caraquet au Nouveau-Brunswick en se classant en première place au Gala de la Chanson; et

Attendu que cet artiste s'est produit sur la scène au niveau national et international;

Qu'il soit résolu que cette assemblée exprime ses félicitations et transmet ses meilleurs voeux.

[Page 5689]

RESOLUTION NO. 2907

By: Mr. Wayne Gaudet (Leader of the Liberal Party)

Par la présente, j'avise que je proposerai à une date ultérieure, l'adoption de la résolution suivante:

Attendu que monsieur Benoit Comeau s'est distingué à Whitehorse lors des Jeux seniors du Canada en remportant la médaille d'argent aux jeux de quilles; et

Attendu que monsieur Comeau est actif dans la région de Clare dans les activités sportives des seniors; et

Attendu que les jeux seniors constituent une activité qui aide les séniors à demeurer jeunes et en santé;

Qu'il soit résolu que cette assemblée exprime ses félicitations et transmet ses meilleurs voeux.

RESOLUTION NO. 2908

By: Hon. Murray Scott (Speaker)

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

Whereas Sara St. Peter, a student from Springhill Junction Road Elementary School, was honoured by being awarded the principal's Peace Award for the 2003-04 school year; and

Whereas the Peace Award is given to the student who has shown respect, kindness, helpfulness and dignity towards their fellow students and teacher; and

Whereas Sara received this award because she is a wonderful example of all these traits and is a kind-hearted, peaceful student who is admired and liked by all;

Therefore be it resolved that the members of this House congratulate Sara St. Peter on receiving this outstanding award and for living a peaceful and helpful lifestyle that will set an example and make a difference in the lives of others.

[Page 5690]

RESOLUTION NO. 2909

By: Hon. Murray Scott (Speaker)

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

Whereas Scotiabank province-wide has gone above and beyond the call of duty for cancer research; and

Whereas employees from every branch across Nova Scotia played a small part in helping to raise a large amount of money that was presented to the Terry Fox Foundation during the 24^th Annual Scotiabank Slo-Pitch Tournament held this past weekend; and

Whereas more than 1,000 employees province-wide got involved this year and came up with new and innovative ideas to raise funds for cancer research - gathering a total of $171,000 for the cause;

Therefore be it resolved that the members of this House congratulate the staff of Scotiabank on their dedication to such a worthy cause and wish them continued success in the future.

RESOLUTION NO. 2910

By: Hon. Murray Scott (Speaker)

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

Whereas Corey Scott received a prize as a participant in the summer reading club at the Springhill Library, which concluded at the end of August; and

Whereas the program begins at the end of the school year and closes at the end of August, with over 60 students participating in the program, picking several books that they would like to read and making out a log sheet to keep track of their progress; and

Whereas children from the age of two, with a reading buddy, to the age of 12 participated in the program by reading and discussing their books with each other;

Therefore be it resolved that the members of this House congratulate Corey for his interest and enthusiasm in this very important reading program.

[Page 5691]

RESOLUTION NO. 2911

By: Hon. Murray Scott (Speaker)

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

Whereas the Spencer's Island Lighthouse, a landmark in the community, celebrated its centennial year on July 10, 2004; and

Whereas from its original job as a safety beacon for sailors, to its current life as a museum, the Spencer's Island Lighthouse has led an interesting existence during its 100-year history; and

Whereas the Spencer's Island Lighthouse, built in 1904, was operated first by the Canadian Coast Guard, but in 1987 was put up for tender and obtained by the community, which opened it as a small museum in 1991;

Therefore be it resolved that the members of this House congratulate the Spencer's Island Lighthouse and the citizens of the Spencer's Island community on their celebration of the lighthouse's centennial year and wish them many more prosperous years to come.

RESOLUTION NO. 2912

By: Hon. Murray Scott (Speaker)

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

Whereas Saundra Spence, a long-time member of the Parrsboro Radio Society, was honoured by her peers at their closing event this year; and

Whereas Saundra was presented with the Juanita Heffler Memorial Award for outstanding volunteer service during the broadcast; and

Whereas Saundra was presented with this award by the station manager, Mr. Frank Hartman;

Therefore be it resolved that the members of this House congratulate Saundra Spence on receiving this outstanding award and commend her on her years of volunteering.

[Page 5692]

RESOLUTION NO. 2913

By: Hon. Murray Scott (Speaker)

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

Whereas the Wentworth Fire Department is celebrating its 30^th Anniversary with a banquet and ceremony on November 27, 2004; and

Whereas the Wentworth Fire Department has given so much to the community over the years through their hard work, dedication and volunteering efforts; and

Whereas these volunteers give so much of their time to the fire department and the community of Wentworth is proud to have these firefighters working hard on their behalf;

Therefore be it resolved that the members of this House congratulate the Wentworth Fire Department on their 30^th Anniversary and thank them for doing an outstanding job for their community.

RESOLUTION NO. 2914

By: Hon. Murray Scott (Speaker)

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

Whereas Thomas Robert Black, of Oxford, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Thomas received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004 in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Thomas Robert Black on receiving this outstanding award and wish him continued success in the future.

[Page 5693]

RESOLUTION NO. 2915

By: Hon. Murray Scott (Speaker)

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

Whereas Allen Roderick Boland, of Parrsboro, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Allen received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004, in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Allen Roderick Boland on receiving this outstanding award and wish him continued success in the future.

RESOLUTION NO. 2916

By: Hon. Murray Scott (Speaker)

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

Whereas Stacey Marie Carter, of Springhill, Nova Scotia, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Stacey received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004, in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Stacey Marie Carter on receiving this outstanding award and wish her continued success in the future.

[Page 5694]

RESOLUTION NO. 2917

By: Hon. Murray Scott (Speaker)

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

Whereas Alan Murray Ferguson, of Springhill, Nova Scotia, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Alan received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004, in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Alan Murray Ferguson on receiving this outstanding award and wish him continued success in the future.

RESOLUTION NO. 2918

By: Hon. Murray Scott (Speaker)

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

Whereas Jeanna Lynn Fletcher, of Advocate, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Jeanna received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004, in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Jeanna Lynn Fletcher on receiving this outstanding award and wish her continued success in the future.

[Page 5695]

RESOLUTION NO. 2919

By: Hon. Murray Scott (Speaker)

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

Whereas Katherine Diane Henwood, of Parrsboro, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Katherine received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004, in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Katherine Diane Henwood on receiving this outstanding award and wish her continued success in the future.

RESOLUTION NO. 2920

By: Hon. Murray Scott (Speaker)

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

Whereas Lindsay Marie Johnston, of River Hebert, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Lindsay received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004, in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Lindsay Marie Johnston on receiving this outstanding award and wish her continued success in the future.

[Page 5696]

RESOLUTION NO. 2921

By: Hon. Murray Scott (Speaker)

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

Whereas Christine Rose McClelland, of Oxford, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Christine received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004, in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Christine Rose McClelland on receiving this outstanding award and wish her continued success in the future.

RESOLUTION NO. 2922

By: Hon. Murray Scott (Speaker)

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

Whereas Bradley Stewart Morris, of Advocate, was the recipient of the Lieutenant Governor's Award for the Province of Nova Scotia; and

Whereas very few can claim being a recipient of this very prestigious award, which is given to students who show hard work, effort and dedication to their studies, community and family; and

Whereas Bradley received this honour at the Lieutenant Governor's Awards Ceremony on May 20, 2004, in New Glasgow, Nova Scotia;

Therefore be it resolved that the members of this House congratulate Bradley Stewart Morris on receiving this outstanding award and wish him continued success in the future.