Newfoundland and Labrador Hansard — Petitions — 2 June 1971 (34th General Assembly, 5th Session)

1971-06-02

Newfoundland and Labrador — Debates (Hansard)

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Newfoundland and Labrador Hansard — Petitions — 2 June 1971 (34th General Assembly, 5th Session)

1971-06-02

Newfoundland and Labrador — Debates (Hansard)

PROVINCE OF NEWFOUNDLAND AND LABRADOR HOUSE OF ASSEMBLY Volume 1 Number 67 . 5th Session 34th. General Assembly VERBATIM REPORT WEDNESDAY JUNE 2, 1971 r SPEAKER: THE HONOURABLE GEORGE W. CLARKE ·

June 2nd, 1971 The House met at 3:00 P.M. Mr. Speaker in the Chair. Tape 814(Afternoon) MR. WINSOR: Mr. Speaker, I am pleased to inform the House that the Committee on Seals and Sealing appointed by the Federal Department of Fisheries have accepted the Government's invitation to have hearings here in St. John's and hearings will take place on June 17 and 18. MR. SPEAKER: Before we take up the presentation of petitions may I welcome to the House two groups today. In the Speaker's gallery ~e have a group of convention delegates of the I.O.D.E. and I know that you would want me to welcome them to the Chamber.

We also have in the galleries to my right and to my left some sixty students from the Elementary School at Heart's Delight. These are grade Vll and Vlll students. We also bid these students a very hearty welcome and I can say now that, I think this is well over 1,100 students that have visited us during this session. We welcome them. PETITIONS: MR. SMALLWOOD: Mr. Speaker, I have the honour to present two petitions today and both of the~ from the district of St. Barbe South. The first one is from the settlement of Trout River.

It is signed by two hundred and thirty-five citizens and the prayer of their petition is that Trout River and surrounding area be excluded from the new national park. They say that they feel that if they were included in the park, their settlement and the surrounding country, they would be prohibited from cutting firewood and getting other wood from the forest for their fishing industry. They feel that if they were deprived of that right there would not be compensating advantages for them and that therefore the park would for them be a net loss.

I beg leave to lay the petition on t~ table of the House and move that it be referred to the Department to which it relates and I know L238 JM - 1

June 2nd, 1971 Tape 814(Afternoon) MR. SMALLWOOD: that my colleague, the Minister of Mines, Agriculture and Resources, who is on his way to the West Coast at the moment1 will give the matter his very sympathetic consideration. MR. CALLAHAN: Mr.

Speaker, I am about to leave for the West Coast but I do wish to support the petition from Trout River and say that the community of Trout River,as a result of our negotiations,will indeed be excluded from the park boundries and will be a conclave outside the park and that in addition to that the present suggested boundry line will leave quite more area around the community as a buffer zone than had originally been suggested,so that there should be quite some area to provide for small and domestic wood cutting purposes.

In addition to that the negotiations,which are going on continually in connection with the boundry and areas.to be left,are very much concerned with the matter of providing community wood lots or cutting areas certainly for small and domestic cutting and we also are working, the forest service .are working towards providing, in fact, larger areas of wood lands to be available for small commercial logging, I support the petition but in doing so wish to assure the people of the connnunity of Trout River that their community will be outside the park, will not be disturbed and that quite some area and I believeJin the final analysis, adequate area will be provided for wood cutting and for domestic firewood and such other purposes as are important to the petitioners.

On motion, petition received. MR. SMALLWOOD: Mr. Speaker, I have the honour to present a petition from one hundred and eighty-nine residents of Norris Point and that area of Norris Point and Rocky Harbour and that area generally in the district of St. Barbe South, the same district from which I presented a petition a moment ago. One hundred and eighty-nine b239 JM - 2

June 2nd, 1971 Tape 814(Afternoon) MR. SMALLWOOD: citizens have signed it and I think they are very earnest. They have a ,, number of

preambles:'l'hat a large percentage of tourists .who visit this area .are transported by ferry from Woody Point across Bonne Bay to Norris Point and vice versa •. 'Jhe ferry excursion is a tourist attraction in itself for many of these visitors but these people then have to drive to Rocky Harbour,six miles away,to continue their journey to the North West Coast; that this

section of road from Norris Point to Rocky Harbour is unpaved and therefore detrimental to tourists attracted 1to this ferry excursion;. that citizens of both Rocky Harbour and Norris Point share in the services supplied by their respective communities and a paved road would increase this sharing of services and thereby increase the unity between them; that business concerns have shown interest in establishing operations in this area and have explicitly stated that pavement would enhance their operations and consequently increase employment: that the paving project itself would greatly improve the presently very serious employment situation; that the present extension on the highway at Norris Point would more than double the existing enrollment; . that seventy per-cent of these students are commuting by bus from Rocky Harbour and the surrounding area; that the cottage hospital at Norris Point must serve the citizens of Rocky Harbour and the surrounding area; that the six mile stretch of road between Norris Point and Rocky Harbour apparently does not come under the paving ., plans of the proposed Gross Morne National Park •. 11 Therefore. for these excellent reasonstand it seems to me II unanswerable reasons,your petitioners of Norris Point and Rocky Harbour pray that you will take steps to ensure that the Government JM - 3 of Newfoundland and Labrador will pave the eight mile stretch of road from the Norris Point ferry ramp to the Rocky Harbour West intersection! ~240

June 2nd, 1971 Tape 814(Afternoon) MR. SMALLWOOD: I give the prayer of the petition my hearty support and beg leave that it be laid on the table of the House and presented to the Department to which it relates. MR. ROWE(F.W.): Mr. Speaker, the House has a lot of business this afternoon and I will not delay it unduly but I do think, however, that at least one other member of the House should buttress the arg1D11ent and the petition which the hon. the Premier has just submitted here.

I notice that the member for that district is not in the House this afternoon and perhaps,since I have close ties with that part of Newfoundland, with Bonne Bay,it should fall on me to support this petition,and I do so with very great pleasure. I would like· to make this point, Mr. Speaker, with reference to the two petitions presented by the hon. the Premier, that out of the 800 communities that we have in Newfoundland I think ·perhaps no single group of communities could be considered so beautiful as the Bonne Bay communities and of - L241 JM - 4

June 2nd, 1971 Tape 815(Aftemoon) MR. ROWE(F.W.): these, and I say this without prejudice, of these I think perhaps the most distinctive community in the entire Province of Newfoundland is the Community of Trout River.

I mentioned this deliberately because one of the great attractions of this national park,which my hon. colleague and the Government of Canada are interested in getting established at this time, one of the great attractions will be not merely the beautiful mountain scenery, not merely the streams, not merely the fiords, not merely the forests and the wildlife and all the other physical attributes there but the character of those communities themselves.

The fact that Trout River or Rocky Harbour or Norris Point maybe outside the actual boundries of the park will not, of course, in any way interfer with the validity of that point. I happen, Mr. Speaker, to be going over to Bonne Bay tomorrow, I have accepted an invitation there, to speak at one of the graduation cermonies in one of the lovely high schools in that area,and it will be my great pleasure to convey to that group some of the sentiments that have been expressed here today and on occasions with regard to the Bonne Bay Frea. On motion, petition received : MR. NEARY: Mr.

Speaker, I beg leave to present a petition on behalf of the residents of Murphy's Lane near the East track on Bell Island. The prayer of the petition, Mr. Speaker, is to correct a water problem in that area. Residents of Murphy's Lane have been suffering for a long period with an inadequate water supply system. The area, Mr. Speaker, is adjacent to Mercer's Street,where it is proposed to install a water line probably this summer and the residents of Murphy's Lane are asking that they also be included in this service. It gives me great pleasure, Mr.

Speaker, to support this petition and ask that it be placed on the table of the House and t;242 JM - 1

June 2nd, 1971 Tape 815(Afternoon) MR. NEARY: referred to the department to which it relates. On motion, petition received. REPORTS OF STANDING AND SELECT COMMITTEES: MR. NOLAN: Mr. Speaker, I would like at this time>with your permission and the permission of the House,to read the report of the Tourist Development Division of the Department of Economic Development for the period January 1, 1970 to December 31, 1970. I think it is important to note, Mr. Speaker, in tabling this report,that revenue, for example, in accomodation this year resulted in 6.4 increase over the 1969 figures.

It is also interesting to note that the n1D11ber of conventions held in the Province of say fifty persons or more amounted to about fifty-five with the grand total of 9,692 people attending and this activity produced a total revenue from conventions of $1,305,000, slightly more than that actually, Mr. Speaker. I might say in this regard that the Tourist Division have now produced a special convention folder to induce as many organizations as possible to hold conventions in Newfoundland.

I would also say that during this present year we will have a susbstantial increase in the number of figures in tourists visiting Newfoundland under.what we would call the convention business. A highlight of the year's activity was the holding of an accomodation seminar in Newfoundland,in December,and this was attended by 150 hotel and motel operators and top management. It is interesting to note also, Mr. Speaker, that papers were presented by senior executives of Canadian National Hotel~,the Holiday Inns,\House of Seagrams and the Canadian Government Travel Bureau.

JM - 2 In the provincial parks and historic sites this year, Mr. Speaker, the attendance at our provincial parks and visitors to the historic sites was maintained at about pretty much the same level. The parks division ti243

June 2nd, 1971 Tape 815(Afternoon) MR. NOLAN: reported a slight reduction of .07 per-cent in the total number of park visitors. The proposed new development in parks, the construction of eighteen new ones, as I announced earlier, will be I believe an important addition to the present system. It is ·essential, I think that a number of these parks be modified for winter use by the addition of ski trails and ski-doo trails etc.

It is interesting to note also that the Quidi Vidi Battery attracted 32,000 visitors during the year and the Maritime Museum, that is the one at the Arts and Culture Centre, produced most favourable comments from visitors. The Naval and Military Museum,in the Confederation Building 1as well as the Provincial Museum also received their share of visitors, all of whom were most impressed with the displays. I might say that the proposed improvements in the Quidi Vidi Battery site, the Connnunications Museum at Heart's Content and the restoration of the former Rectory of St.

Thomas' Anglican Church will, I believe, add much to the appreciation of the early history of this Province. Research and studies through periodic surveys also continue to play a very important

part in decisions concerning development and expenditures. I have already indicated that the Tourist Division has a number of studies going on right now,in connection with tourism in this Province. Now while the Division is involved in.this itself we also have information from the Canadian Travel Survey,being conducted_ by the Canadian Government Travel Bureau, the Dominion Bureau of Statistics and many others. In transportation I think the most significant development during the year,under this heading,was the increase by some four hundred per-cent, Mr.

Speaker, in the passenger traffic on the motor vessel "Ambrose Shea" operating into Argentia. This was achieved by the over-all reduction in fares at that time,and I will have more to say about that later. ~244 JM - 3

June 2nd, 1971 Tape 815(Afternoon) JM - 4 MR. NOLAN: The two ferries, the motor vessel the "Ericson" and the "William Carson" continued operating, of course, as in previous years. Air Canada operated four flights daily during the season and I think their contribution to the industry has been a continuing reliable one. But one of the things that we will be discussing in some length are some of the transportation difficulties we have and continue to have here in this Province and which~beyond a shadow of a doubt, still have a very, very serious effect on tourism in this Province.

I could go on to give more information, ~r. Speaker, from the annual report. I would just like to touch on one other.item and that is in connection with some of our films that we have had made over the years and the recognition that they have gained. For example, in 1970 non-theatrical showings of Newfoundland films in the United States amounted to 22,782 screenings and that is a total audience participation of 1,113,000 or slightly better than that. Even in Europe, Mr. Speaker, there were 637 screenings to a total audience of 47,336.

In other Canadian Provinces there were 1984 screenings,and television screenings in Canada and the United States total 277 to a total estimated audience rather of 25 or better than 25 million. I should say too that the film "Leaping Silver" ,one of one hundred entries,received a certificate of excellence in the 1971 Travel Film Festival,sponsored by "Sunset Magazine" and held in California during the year .,while the film "Moose and Caribou in Newfoundland" was awarded a citation of merit in the 1970 National Outdoor Travel Films Festival,sponsored by the Michigan Outdoor Writers Association.

During the year one new film "Western Newfoundland" was released and a new film "Sailing in Newfoundland" will soon be available for release in 1971. There is other information that I would like to provide but it 5245

June 2nd, 1971 Tape 815(Afternoon) MR. NOLAN: is not my intention, Mr. Speaker, to delay the House unduly and with your permission I would now like to table copies of this report for hon. members. NOTICE OF MOTIONS: MR. SAUNDERS: Mr. Speaker, I give notice to the motion:

WHEREAS the ferry service provided by the Government of Canada through the agency of Canadian-National Railways between North Sydney and Port aux Basques is the principal means of communication between the Islands of Newfoundland and the Mainland of Canada; AND

WHEREAS the Government of Canada in the terms of union undertook to maintain in accordance with the traffic and freight offering of freight and passenger service between North Sydney and Port aux Basques which on completion of a motor highway between Corner Brook and Port aux Basques will include suitable provisions for the cartage of motor vehicles; AND

WHEREAS the Canadian National Railways acting as an agency of the Government of Canada have announced their decision to increase as of JM - 5 the 14th of June the rates charged to passengers and for the transportation of motor vehicles between North Sydney and Port aui Basques; AND

WHEREAS 5246

June 2, 1971 Tape no, 816 Page 1 - MRW Mr. Saunders: The Canadian National Railways have announced a similar decision to increase the rates between North Sydney and Argentia. AND

WHEREAS these increases both in dollar terms and as a percentage of the previeus rates are extremely high. AND

WHEREAS neither the Canadian National Railways nor the Government of Canada have advance reasons sufficient to justify these exorbitant increases. AND

WHEREAS in the opinion of knowledgeable persons these increases will affect most greviously the t0urist trade in particular and the economic life of Newfoundland in general.

BE IT RESOLVED that this House protests in the strongest possible terms with this decision by the Canadian National Railway and BE IT FURTHER RESOLVED that this House requests the Government of Canada to take the appropriate and necessary corrective action. Mr. Speaker, later on I will be asking the unanimous consent of the House to move this motion for a debate, ANSWERS TO QUESTIONS. MR. SMALLWOOD: Mr, Speaker, in answer to Question 544 on the Order Paper of May 4, 1971, in the name of the hon, the member for Burin, the answer to the first

part is, no. The answer to the second part: It does not arise. The answer to the third part, first section, yes and in its second section, September 5, 1970. In answer to the fourthpart: The first reply is no but that a preliminary feasibility study is now being undertaken. It is being undertaken by Engineering Services Limited. The report is not yet completed and that, therefore, the cost of the survey is not available. In reply to the fifth part of the question, that is to say the total estimated cost of installing water and sewerage in the aforesaid areas within the municipality of Burin, though the report is not yet completed and no precise estimate is yet available, the rough !;247

June 2, 1971 Mr. Saunders: Tape no. 816 Page 2 I hope that I will get the support, full support of this House, Sir. It is only in a district. like that I represent, where during all the summer it is not hotels you will see filled up, it is the homes, Cars from all over the United States and Canada stop by the doors. Now I want to see those people come back to my district this summer, the same as they have during other summers, If this thing goes ahead, I am afraid we are going to lose a lot of our friends, a lot of our tourists and a lot of our relations. So, Mr.

Speaker, I would ask for the support of this House on behalf of this motion, MR. BARBOUR: Mr. Speaker, I rise to support the motion becauseJ as all hon. members know in this House, I represent a town, the largest town in North America, the historic town of Bonavista,where John Cabot landed in 1497. Mr.

Speaker, in my district,which has forty-two communities, during the summertime many, many, many people come to Bonavista South not only to be with their friends and their relatives or their families but to go out to Cape Bonavista and to climb the winding stairs to the lighthouse, one of the oldest in North America. The hon. Minister of Social Services and Rehabilitation had the honour last summer of visiting this area with me and I am sure he must have been greatly impressed.

Ncw,Sir, if the freight rates are to be advanced and the passenger rates, it is going to be a great handicap on all of the thousands of people who will come to visit this great Province of ours. Last year, in the lighthouaeat Cape Bonavista, 10,000 signed the roll 1 proving that they did climb the winding stairs, that they did see the lights on the Inch Cape Rock which shone from Scotland some years ago.

So, Mr, Speaker, I would indeed be very remiss if I did not rise to support the motion, because it means so much to men and women and to their families to be able to come back to the old homestead and to enjoy a few hours on the beach, perhaps out squidding, perhaps out catching cod fish, perhaps berry picking and perhaps out shooting the occasional bird. So, Mr. Speaker, I am very happy to have the honour to support this very, very 5248

June 2, 1971 Mr. Smallwood. Tape no. 816 Page~ estimate of the cost is $1,500,000. ORDERS OF THE DAY, Motion second reading of a Bill, "An Act Further To Amend the Public Enquiries Act," MR. CURTIS: MR. SPEAKER: I would move, Mr. Speaker, that this Order be deferred. It is agreed that the Order be deferred. Motion second reading of a Bill, "An Act To Provide For Equitable Purchase By Government," MR. CURTIS: There is nobody to move this motion, therefore, I move that it be deferred, MR. SPEAKER: Agreed, Motion second reading of a Bill, "An Act Further To Amend The Judicature Act." MR. CURTIS: Mr.

Speaker, there being no mover, I would move that this Order be deferred, HR. SPEAKER: Agreed. MR. CURTIS: I would ask if the House would give leave to hear the motion given by the hon, member for Bay de Verde? MR. SPEAKER: Does the House give its unanimous consent for the moving of the Resolution, notice of which was given a few minutes ago by the hon. member for Bay de Verde? It is agreed, MR. SAUNDERS: In moving this motion, I know it is the feeling of all Newfoundlanders, both in Newfoundland and abroad, to feel hurt,

whereas we have just built up a new road across our Island, a new ferry service both to Argentia and Port aux Basques, people will start to come home in June, now thP- Government of Canada or the CNR have put the rates up and that is going to stop quite a lot of them from coming home and quite a number of Newfoundlanders from leaving and visiting other provinces. They h~ve been saving maybe all the winter to come home and go away, I think, Sir, it is the duty of this House to protest it. It is the duty of all Newfoundlanders to protest it. I am glad that this House did give me the unanimous consent to present it and debate it today. b249

June 2, 1971 Mr. Barbour important motion. Tape no. 816 Page .. MR. SMALLWOOD; Mr. Speak.er, I have rec-eived a great many telegrams from all parts of the Province and outside the Province p~otesting vigoNaaly the proposed increase in the rates on the ferries. I cite this telegram as a fair exmllPle. It comes from Hali£~. It is from Mr. Alec Dunvar of the firm of A. G. Dunvar and Ccimpany,Limited. It is addressed to me and it says: "Apparently Federal Government !i250

June 2, 1971 Tape 817 (afternoon) PK - 1 MR. SMALLWOOD: trying to isolate Newfoundland and kill taurist trade. I had made ferry reservations ten days ago Sydney, Port aux Basques, round trip, wife, self and car at $51.00. On going to pick up tickets yesterday was informed price now $100 . This is an increase of over ninety-six percent and is exorbitant. I suggest this is a matter of grave concern to New­ foundland.'' Indeed, Sir, it is of grave concern. The C.N.R.

Public Relations Officer, a fine young Newfoundlan&er in•an interview over the radio exulainen to the Newfoundland people that this was the first increase in the rates,on the ferries across the Gulf, since the coming of Confederation just over twenty-two years ago. I do not know if that statement was expected to win the sympathy of the Newfoundland people. Perhaps, it is the first increase in twenty-two years, no doubt it is, hut why wait for twenty-two years and put on such a savagely exorbitant rate ·of increase at one fell swoop? Why _ wait.for twenty-two years to increase the rate?

Why increase the rate at the very eve of the tourist season? Why? Now the Railway, Sir, is not owned by the C.N.R. They do not e,wn a stick •or a stone of the Newfoundland Railway. The Railway is owned. by the Government of Canada. They acquired it from the Government of Newfoundland at the coming of Confederation. There is

an Act on the statute books of Canada known as, "The Railway Act," and "The ··Railway Act" gives the Government of Canada authority to entrust the management of any railway owned by the Government of Canada to the C.N.R. By authority of that Act, they have entrusted to the C.N.R. the management of our railway. The C.N.R. are only the managers. The last word in everything connected with the C.N.R. lies with the Government of Canada, and every last thing connected with the railway of Newfoundland lies utimately with the Government of Canada.

The C.N.R. have notified us that they wish to increase the rates on the ferries across the Gulf, hut the last word is with the Goverhment of Canada. This Resolution.moved by my hon. friend from Bay de Verde,asks the L251

June 2, 1971 Tape 817 (afternoon) PK - 2 MR. SMALLWOOD: House to protest vigorously,not to the C.N.R. but to the Government of Canada. This, of course, we do. The Resolution,if it is adopted by the House, as I believe it will be, will go forward to the Government of Canada at Ottawa. It will leave the Canadian Government in no doubt as to what this House feels about it. The Government of Canada are already well aware of what the Newfoundland Government think about it. But the Government are only part of this House.

The present Resolution is not a Resolution of the Government of the Province, but of the House of Assembly, which includes the Government, but includes others who are not in the Government, including the hon. gentleman who has moved the Resolution today, he not being a member of the Government, but a member of the Rouse and a strong supporter of the Government. If we can make this unanimous and it goes to the Government of Canada,it ought to carry considerable weight. I must confess that I am getting just a bit sick of unilateral decisions taken with regard to Newfoundland.

Now I know, I know, I am well aware of the fact that the Government of Canada own~ this Railway. I am equally well aware of the fact that they have entrusted its management to the C.N.R. and that,in a constitutional sense and in a legal sense, they do not need to consult anyone in Newfoundland. By the same token, the regulation of the fishing activity in this Province on the water, on the salt water, is an entirely Federal in jurisdiction. That is what the constitution says. That saying when you may fish and how, what kind of gear you may use and when, and where.

Everything connected with the actual prosecution of the fishery at sea is a Federal matter. That is the Constitution. That is the Law of Canada, But, Sir, I do not hesitate to point out that in connection with the Province of Quebec fisheries are concurrent, they are of concurrent jurisdiction, 'that in fact you do not find the Government of Canada interferring very much, if at all, if at all,with the prosecution of the fisheries in the Province of Quebec. But even admitting the matter to be exclusively Federal under the ~252

June 2, 1971 Tape 817 (afternoon) PK - 3 MR. SMALLWOOD: 6onstitution, surely as a matter of common sense, as a matter of ordinary practicality, as it dose concern this Province, fhe Government of Canada 71eaving out the question of courtesy and taking purely the matter of the practicality of it, you would think that they would confer carefully with the Government of this Province. But we have recently had a very dramatic example of the Government of Canada imposing impossible, craz11y, cra2ily impossible and crazily impractical regulations with regard to fishing for salmon) without consulting u~.

We protested vigorously,in February 1 artd I had not even had a reply to my telegram. The Minister of Fisheries of Canada did not even condescend to answer my telegram. Who am I? I am only a small-time politican in a small-time province. But we are a Province. I was there before.Mr. Davis was there. I might be~there even after he is gone, I do not know. I would have felt that a telegram from the Premier of this or any province, even a smaller province than this, would merit a reply from the Minister in the Government of Canada,and all I got was a bare acknowledgement and no reply to this moment.

What was the result? The result was the other day they had to sent a couple of officials down here to confer with our officials, which is what they ~~ht to have done in February,9efore drafting the regulations at all , they ou~ht to have sat down and conferred with us. Similarly, now, they are now improving utterly brutal increase, rates of increase in the ferry services across the Gulf. Now the fact of the matter is, Mr. Speaker, that from the beginning and I ought to know, and I do know, from the beginning it was clearly understood that their boats across the Gulf were to be a continuation of the railway.

This is carefully spelled out. There is a railway that begins at Vancouver, Victoria,and ends in St. John's. It is an unbroken railway right across the nation, the water gap from Sydney to Port aux Basques was to be tPeated as merely an extension of the railway. Is this an extension of the railway? Jumping the rates in this fashion, it is just a little hard to take, ~253

June 2, 1971 Tape 817 (afternoon) PK - 4 "1:R. SMALLWOOD: Mr. Speaker.It is a little hard to take in this Province , But fortunately,th e C. N.R.,a perfectly magnificent organization of which every Canadian ought to be immensely proud, (Let us not be stupid about that) ?e of the world's great business organizations, wonderfully efficient and creative and constructive no doubt feel that they ought to be operating on strict business lines, and not to be concerned with political considerations, but to be operating that vast enterprise \ a254

June 2, 1971 Tape 818 (afternoon) PK - 1 MR. SMALLWOOD: along business lines. No doubt that is their feelin~. It is a good thing it is their feeling. It would be terrible if it were not the case. The C.N.R. itself is a company. It is true that its shares are owned by the Government of Canada, but, they are a ~ompany, a railway · company operating a vast railway system, the biggest railway system in the world. There is no railway on the earth as big as the C.N.R.

So they are a great organization and a great company and, far, far be it from me to say one word, to suggest the slighest doubt in my mind about the greatest of that wonderful Canadian organization. But, Sir, it would be wrong for the C.N.R. to think politically but it is mot wrong for the Government of Canada to think politically. It would be very wrong if they were not to think politically. The Government of Canada have to look at the ten provinces, they have to look at the regional disparity.

While you have set up at Ottawa today a Department of Regional Economic Expansion - D-R-E-E, which we now know as DREE,with 1800 employees in Ottawa, 1800 employees designed to operate for the purpose of reducing the - economic disparity there is between the regions of Canada,in short, between the provinces of Canada.

You got that operating on the one hand and a great department of state, a great department of the Canadian Government, created for the purpose of carrying out the Prime Minister's pledge to Canada that if he were made Prime Minister, he would make a great effort to reduce the regional disparities in Canada. To carry out that purpose,this great new department of state was created and it is there today functioning, with 1800 employees.

In the same Government, in the same Government, in the same Administration, at the same moment, they allow, up to now they have allowed, up to now they have not disallowed and unless they take action they will have allowed an agency of the Canadian Government to strike a blow at Newfoundland, which will not decrease but increase the regional disparity. Is it helping Newfoundland to make it so much more expensive to get in and out of the Province? Is that helping the Province? Is it helping Newfoundland ~255

June 2, 1971 tape 818 (afternoon) HR. SMALLWOOD: to have passenger rates increased? Now let me give the House another bit of information. I am told that the C.N.R., not the Government of Canada but the C.N.R.,have notified the relevant agencies Pk - 2 of their desire greatly to increase the passenger rate on the new bus system 1 the new bus system that was put in place of the passenger trains. Now this has not been done, the rates have not been increased , and the people who will have the last say on that are the Government of Canada.

Whether it be the Department of Transport or the Canadian Transport Commission or the Cabinet of Canada, the Government, the Executive Government, I do not know, but I do know that the C.N.R. are not to be permitted,on their own, by themselves,to raise the rates on the ferries or on the buses either. The word there Pill lie with nttRwa. Mr. Speaker. I wonder so!"'c':i:"'.C2 i.f I only imagine it, when I think there is an increasi.nP, tendancy in Ottawa to govern Canada without reference to the provinces? Pere we have three remarkable examples in a fortnii;i;ht, very remarkable examples.

Our salmon fishery, which was here before Canada - was here. We have a salmon fishery in Newfoundland before there was a Canada. I do not mean before we joined Canada, before there was a Canada, we had a great salmon fishery here. Now happily we have become a part of Canada. We are subject to the Laws of Canada. We are glad that we are, very glad indeed, very lucky to be Cana<lains, very lucky to be part of this lovely land of Canada. They make re~ulations of the most crazily impractical character.

Hy hon. friend the Minister of Health, he was showing me a letter which with his permission I will read, The most crazily impractical regulation, cooked up and concocked in Ottawa 1nd imposed down here,without any consultation with us at all or with the unions, with the unions, the fishennens unions. We have an enormous amount of practical knowledge and we have at the very least as much desire as has anyone in Ottawa for the successful continuation of the salmon fishery. Surely to God the Newfoundland fishermen and their unions are at the very least as eager to see that the ~256

June 2, 1971 Tape 818 (afternoon) PK - 3 MR. SMALLWOOD: salmon fishery is prosperous,as anyone else is, if not much more. But any consultation with them? No! Surely, the Government of this Province are eager to have the salmon fisheries continued prosperously, successfully and enduringly. Surely at least as much as anyone, next perhaps to only the fishermen themselves~ we in this Government are anxious. Were the fishermen consulted? No! Were -we consulted?

Nol They draft these regulations and slap them on and to this moment the Minister of Fisheries has not replied to a telegram I sent to him in February, uttering my vigorous protest as leader of this administration. Then, secondly, without any reference to us they slap on these exorbitant, these scandlously exorbitant new rates on the ferries. Then, thirdly, as I have just said, I have told that they have given notification, the C.N.R. have given notification of their intention to apply for an increase in the passenger rates on the new buses. What do they take us for? Are we dumb beasts?

We may be beasts, but we are not dumb. The famous Dr. Thomas 1head of the International Grenfell Association - in this Province,wrote a letter to my colleague, the Minister of Health, he being the member for that constituency of White Bay North. '' Dear Mr. Roberts," dated 28l!h, of May, MR. ROBERTS: Arrived here today. MR. SMALLWOOD: Arrived today. 11 Dear Mr. Roberts: ''Re Mr. Joe Hancock, Goose Cove:'(Goose Cove is lying quite close to St. Anthony) ''Mr. Joe Hancock, aged 64 ,of Goose Cove has been fishing for fifty-two years_;, I will pass over that. I will not dwell on that.

You do not need to dwell on that, Fifty-two years fishing. ''He has always been a good fisherman and has done very well. In recent years he has fished with his family,as a unit, he and his sens fished together as a unit. A year or two ago, turned his fishing licence over to his son, Phil Hancock, this spring Phil Hancock was accidently killed while hunting and recently ~257

June 2, 1971 Tape 818 (afternoon) PK - 4 MR. SMALLWOOD: Joe Hancock,"that is the father, aged 64, ''went to see the fisheries oificers,"that would he fisheries officers of the Government of Canada,''went to see the fisheries officers to get his fishing licence to go fishing this year for salmon etc. in his own name, or possibly in his other son's name, John. He was turned down.

Employees of the Government of Canada said to this Newfoundlander, who has been fishing for fifty-two years, a solid Canadian citizen, turned him down by the fisheries people, saying he could no longer receive a licence as the licence was in another name last year and the man,in whose name it was, was killed so they cannot issue it to the brother or the father in the same boat, in the same fishing unit, and it could not be reissued.'' It is not a matter of Russia. It is a matter of stupidy and you get stupidy everywhere. This is just stupid, not dictatorship. It is just stupidy.

It says, of course,his son is dead, this means that this man and the rest of his family are unable to go fishing, because Ottawa says "no." I think I will send this to the Prime Minister today, this day, the whole thing, a photostat of it, I think. Dr. Thomas says; 1 I have seen and heard of stupid things done by Government officials, but this beats them all. Surely something can be done, so that Mr. Hancock can continue.'' Can continue running a bank, continuing rbnning the C.N.R., continuing being a Cabinet Minister at Ottawa? No. Continue being a financier, a big industrialists, making $10 million"t No', What?

So that he can just continue fishing. It is not an oyerweening ambition is it? So he can fish ~or fifty-three years, put another year on to fifty-two. I might say he is a very good one, and has always done well. Sincerely, Gordon W. Thomas • " Now this man Thomas is one of the most distinguished surgeon in the whole of Canada. He has performed surgery in St. Anthony in•'that great hospital, that he was the first man in Canada to perform, a very great surgeon and a t;258

June 2, 1971 Tape 818 (afternoon) PK - 5 MR. SMALLWOOD: very great citizen, twenty-five years. It is hard to take Mr. Speaker. It is a strain o~ our l~yality to Ottawa. It is, strains it, it strains it almost to be bursting points. So I support the hon. gentleman's resolution, I hope we all support it and I hope we will all vote for it. I would like to go on until six o'clock, but I know it is four o'clock now.

We have a lot of other business to do, also terribly important business, the fishermen's collective bargaining and the Governor is coming here later in the afternoon to give the Royal Assent to legislation, but I heartily support this resolution. MR. NOLAN: Mr. Speaker, I must rise to support this resolution. I was wondering if members of the House are aware of, well we are aware of the fact that the matter is serious, but are they aware of what we are talking about in dollars and cents per unit and so on?

For example, some of the rates that are about to be imposed by the C.N.R. 1 in the case of a deluxe cabin at the moment it is $5.00, that is a deluxe cabin berth, it is now $5.00 it is going to $15,00 this summer,beginning on the 14th. of June. The two berth cabin which is now $10.00 ~259

June 2nd, 1971 Tape 819(Afternoon) MR. NOLAN: is going to twenty-seven dollars and it will be fifteen dollars during the winter season. The automobile rate is eighteen dollars in the winter, twenty-five dollars this summer and it is now sixteen dollars. This will give you some idea of the magnitude of the increases that are about to be imposed. Trailers which come into this Province, and many of them, the minimum, they have a twelve dollar rate for the winter, sixteen dollars for the summer and I think it is now way down below tha4 but I do not have the exact figure at the moment.

Again we have a situation on the Argentia-North Sydney run, for automobiles thirty-five dollars~ there is no change there. The automobile trailers are now $2.50 a foot, that is up to three dollars and the minimum forty-two dollars. Camper units, three dollars will be the new rate and it is now $2.50. The 6eluxe cabin bert from ten dollars up to fifteen dollars. The next item, a two cabin bert ten dollars,again up substantially from five dollars and fifty cents, I believe,that figure is. Mr. Speaker, we cannot live, we simply cannot live in this Province with the rates that are presently proposed by the CNR.

Now there are those who perhaps might say, "Well, what are you getting so uptight about when it comes to just bringing tourists in?" But (1), we are talking about $68. million a year in tourist dollars, that is item (1). But if ::,ou were to forget that altogether, the fact is that of the people that visit NewfoundlandJfrom the percentage figures that I have,visiting relatives there is 40.31 per-cent. That is Newfoundlanders many times coming home.

So in fact~when you increase the rates,such as we have he~e, you are denying Newfoundlanders the opportunity to return to this Province to visit with their own families; that is what you are doing. General vacation and cruise is about thirty-eight per-cent. ~260 JM - 1

June 2nd, 1971 Tape 819(Afternoon) MR. NOLAN: There is no way, I am glad that the hon. the Premier touched on it, when you talk out of one side of your mouth about regional desparity and then you put the boots to,us with the other. I do not care who is doing it but there is a serious overlapping. How in the name of God can they employ eighteen hundred people to attempt, and I know they are trying, to eliminate the regional desparity, the lacks,not only here in Newfoundland but throughout Atlantic Canada,on the one hand and then impose something like this? I tell you now, Mr.

Speaker, and I tell the members of this House that there was no consultation with this Government on the rate increases as presently stated by this telegram that I have here from the CNR and even that is not addressed to me. I do know that Don Jamieson has gone to no end of trouble in order to get additional ferry services for the Gulf and this we appreciate. But what happens is,all of that effort is going to be for nothing with the rates that we presently have here.

Now I realize that with the great growth of Government and Government agencies and all of the rest throughout Canada that there is, as the Premier referred to it, stupidity that is bound to come up every now and then,with the great massive organizations that we have.and all too often members of Government may not be aware of it until after the fact. But we must remember also, Mr.

Speaker, and this brings it home to me more forcibly than ever before,although God knows that I have been aware of it or made aware of it on more than one occasion, that there are some idle dreamers who would like to have you believe that all of the Canadian population should be moved in to maybe ten or up to seventeen centres in the Dominion of Canada. There are those who believe,in certain positions in Canada, that perhaps there should ~261 JM - 2

June 2nd, 1971 Tape 819(Afternoon) MR. NOLAN: be one giant game reserve here in Newfoundland. Well they are going to have one bunch of good hunters down here,if anyone is going to try that on us.

I will tell the hon. the Premier something that he is not aware of and this is the sort of thing that really gets under my skin; there have been a number of reports done here in this Province and done with funds provided by one Federal agency or another, I am not saying that the Federal Government per se is aware of it, but what I am saying is this,that there was one recent study on a very, very important development in this Province which I am not privileged to mention at this time. But I can tell you this, Mr.

Speaker, there are three copies of that in this Province right now, three of them,but the Government of this Province 1 including the Premier of the Province, does not have a copy. I will say further that I know for a fact that the Premier of this Province made a certain phone call to a certain individual, not in the Government of Canada, requesting it and he was unable to get it. T.he reason is that the individual concerned said that he did not have it.

Now this may or may not be so 1but all I am saying is that when you have a report that could be of vital importance to this Province, maybe so and maybe not, financed one way or another by the Government of Canada,and I know that there are three in this Province at this moment and I can tell you now there is no· ~ne in this House has one. I can tell you too, Mr. Speaker, that if you were to ask for one you are going to be told it is confidential information,because that has been done.

I do not want to name names nor indeed to refer to the fact of what the report is done on, I think it would be unfair of me to do so at this time. But as one who is the member of the Government of the Province and has some interest in what is going on here and as one of the ;J262 JM - 3

June 2nd, 1971 Tape 819(Afternoon) MR. NOLAN: people they send various experts to from one organization,from one time or another they come in here, ask for information, you give them all the help that you can and then they get the reports done and what do you get? "It is confidential information,"and they are using my money to do it. JM - 4 Now as far as the tourist industry in this Province is concerned, Mr.

Speaker, with the rates we presently have here and in view of the fact that this Government had struggled,long before I was ever involved, to promote the Province, to get hotels b~ilt, to build parks and now building another eighteen this year, attempting to build up the tourist potential of the Province,this can kill it right here and unless it is changed it is just as well for us to take a whole new look at the whole tourist picture in this Province.

I heartily support the Resolution as it is tabled here in the House, I was going to say Revolution and I am sure that the Premier figured "Nolan's Irish is up agai_n," but the fact is I am obviously very concerned about it and I support this Resolution whole-heartedly. On motion, Resolution carried.

COMMITTEE OF THE WHOLE: Bill No. 83, "An Act Further To Amend The Election Act, 1954." On motion, Bill No. 83 to stand: Bill No. 84, "An Act Respecting Collective Bargaining Between Certain Fishermen Or Associations Of Fishermen And Certain Persons Or Associations Of Persons Engaged In The Processing Of Fish In the Province." MR. ROBERTS: Mr. Chairman, before we begin the detailed clause by clause study may I point out to the Committee that the Bill, I believe, was moved by, it was moved by the Premier and so~on behalf of the Govern­ ment,! will be moving a number of amendments. I believe Your Honour has tJ263

June 2nd, 1971 Tape 819(Afternoon) MR. ROBERTS: a copy of them, They have been prepared by the law clerk,with the assistance of the Government's legal draftsman. I will call each one as I come along and perhaps a word or so on each one. I do not think any of them affects the principle of the Bill, Your Honour, as it was adopted at second reading. On motion, Clause 1 carried. MR. ROBERTS: Mr. Chairman, there is an amendment to Clause 2 to add a new sub-clause 4, if I may read it?

The amendment will be as follows: 11(4) For the purposes of sub-section (3) a unit of fishermen appropriate for collective bargaining maybe but is not required to be determined by reference to all fishermen in a specified geographical area not withstanding the number of operators:'un upper case (o))''in such specified geographical area,'' If I may just briefly explain that, Mr. Chairman. The purpose of that is to ~ive the Board, the Labour Relations Board 1 the power to say .if they so wish,the whole administration of the Act is left to the Board to say to them: "Gentlemen if ~264 JM - 5

June 2, 1971 Mr. Roberts. Tape no. 820 Pagel - MRW you feel that the union represents all of the fishermen in the area, you may say that the wiion represents all of those fishermen in dealing with any operator.

In other words, we would not have the situation whereby, to pick an example, the constituency of my friend from Bay de Verd~, a wiion could be certified to represent, shall we say, Quilan Brothers Limited, the operator of Quilan Brothers in Bay de Verde~ Another big purchaser of fish would be Ocean Harvesters from Harbour Grace; the union would have to go back and get a certification in respect of that operator as well. The Government feel that the board should have tlepower to make geographic certification and in the opinion of our legal advisers this will give the board that power.

The Select Co1lllllittee recommended it and my colleague 7 the Minister of Fisheries;has had a letter from the Hanager --r,. ~.,_;_,;'-'ut of the Federation of Fishermen, Mr, Antle,to the same effect, I may add as well that we have had consultations with Hr. Cashin, the President of the Newfoundland Fishermen Food and Allied Workers Union,and they too would like to see this power. So we do feel that it should be in,and accordingly I so move.

On motion amendment, "That there be added to Clause 2, as Clause 4 and Clause 4 to read:" For the purposes of Subsection (3), a unit of fishermen appropriate for collective bargaining may be but is not required to be determined by reference to all fishermen in a specified geographical area, notwithstanding the number of operators in such specified geographical area,''carried. On motion Clause 3 to Clause 5 carried. MR . WORNELL: Mr.

Chairman, Clause 6, with regard to Subsection (2,) (a), as I read that, "refuse to purchase fish from, or to continue to purchase fish fiom,"would it not be petter to put after the word ''or", "refuse to continue." I just bring that to the attention of the hon, Minister of Health. MR. ROBERTS: Mr. Chairman, I thank the hon, gentleman but as I read ~265

June 2, 1971 Mr. Roberts. Tape no. 820 Page 2 the legislation - my friend the learned and junior member for Harbour Hain has had considerable more learning and more experience at the bar than I have and I am sure he would concur that the wording is necessary because there might be a situation where a person had not previously sold fish to that operator. The intent of the

section is to say to an operator, "it shall be an unfair practice to refuse to deal with a person or to continue to deal with a person simply because there is a labour negotiation on the way." On motion Clause 6 to Clause 9 carried. MR. ROBERTS: Mr. Chainnan, Clause 10, there are a nlD!lber of amendments which I think are of importance. I b·elieve again, Sir, you have the wording. The first is subclause (1).

The way it now reads: "to determine the wishes of the tishermen in the unit as to the selection of the bargaining agent to act on their behalf." We wish to add to that a comma and then these words; "and for the purpose of determining such wishes the Board may disregard the wishes of fishermen who in its opinion are engaged in other full-time employment," The reason for that, Mr.

Chairman,briefly is that the feeling of the Government and I think it was the recommendation of the Select Committee that when it comes to certifying a union or an association, as it is called throughout the Act, the Labour Kelations Board should,if it feels it is desirable, have the power to take into account only people who make their living as fishennen and not for example a man who might_have a job here at Confederation Building and in the evening set a few salmon nets off the Narrows or off Torbay Head.

So this Clause, if adopted by the committee, will give the board the power to exclude people who in their opinion are engaged in other full-time employment. Indeed, I have been reminded and rightly so, Mr. Chairman, and,as Your Honour is aware,this is again the normal practice in Labour Relations matters in other matters coming before the Labour Relations Board. On motion amendment, "That Clause 10, subclause (1) be amended by substituting a comma for the period at the end of the Clause and by adding the words; ''and for the purpose of determining such wishes 5266

June 2, 1971 Tape no. 820 Page 3 Mr. Chairman. the board may disregard the wishes of fishermen who in its opinion are engaged in other full-time employment," carried. On motion Clause 10 (1) as amended, carried. MR. ROBERTS: Mr. Chairman, subsection (2) (b), may I move that (

b) as it stands be removed and replaced with (

b) as follows: "if as a result of a vote of the Fishermen excluding those whose wishes are disregarded pursuant to subsection (1) of this

Section 10) in the unit- :the Board is satisfied that a majority of them have selected the Association to be a bargaining agent on their behalf,"' (It should be "in"I believe but it says"on"and I will not argue that.)"the Board may certify the Association as the bargaining agent of the Fishermen in the unit, including those Fishermen whose wishes have been so disregarded;" That, of course, Mr. Chairman, is to implement the change adopted to subsection (1). There is another amendment to that, Mr. Chairman to implement the principle that a majority of the Fishermen - I will explain the words. Let me read the Clause again. I have two drafts here. Let me read the one ,, as it will be: (

b) if, as a result of a vote of the Fishermen excluding those ·i,hosewishes are disregarded pnrsuant to subsection (1) of this Section(lO) in the unit, the Board is satisfied that a majority of them have voted and that a majority of those Fishermen who have so voted have selected the Association to be a bargaining agent on their behalf, the Board may certify the Association as the bargaining agent of the Fishermen in the unit including those Fishermen whose wishes have been so disregarded." Mr.

Chairman, quite briefly, that implements the change we just made, subclause (1) and it provides that when a representation vote is ordered by the Board, the Board.may, if they s·o wish, certify if a majority of a majority voting approve it. I so move. On motion amendment, "That sub clause (2) (

b) be deleted and there b:a substituted for sub clause (

b) of subclause (2) of Clause 10, the Clause to read as follows: (b), "if as a result of a vote of the Fisherme~ _excluding 5267

June 2, 1971 Mr. Chairman. Tape no. 820 those whose wishes are disregarded pursuant to subsection (1) of this

Section 10) in the unit the Board is satisfied that a majority cf them have voted and that a majority of those Fishermen who have so voted have selected the Association to be a bargaining agent on their behalf._ the Board may certify the Association as a bargaining agent of the Fishermen in the unit including those Fishermen whose wishes have been so disregarded:'carried. On motion Clause 10, subclause (2) as amended, carried. MR. MAHONEY: Mr. Chairman, I 1110ve an amendment to subclause (3) of Clause 10. More correctly it is subsection (3) of

Section 10. I would move that in the fifth line of subsection (3) the words, "shall not" be deleted and that there be substituted therefore the word • "may" and Page4 that after the word, "unit" in the sixth line that thP.re be inserted a period and that all the words after the period in that subsection (3) be deleted.

On motion amendment, "That Clause 10, subclause (3), be deleted and the ,following substituted therefore:''Where an application for certification under this Act is made by an Association claiming to have as members in good standing a majority in a unit that is appropriate for collective bargainin& which includes Fishermen supplying fish to two or more Operatorsi the Board may certify the Association as the bargaining agent of the Fishermen in the unit," carried. MR. MAHONEY: On motion Clause 10, subclause (3) as amended, carried. On motion Clause 10 as amended, carried. Mr.

Chairman, I move an amendment to subclause (

b) of

Section 11 in that the word "and" at the end of subclause (

b) be deleted and that in subcaluse (c), in the last line but one after the word~Operator' 1 that there be inserted the words "or operators concerned" and that the period at the end of subclause (

c) be deleted and substituted by a sfllllicolon and the word "and." Further that there be a new subclause (

d) of

Section 11 inserted: "The certification shall apply to all operators purchasing fish f>268

June 2, 1971 Tape no. 820 Page 5 Mr. Mahoney. within the specified geographical area applicable to the unit, if such unit is determined by reference to a specified geographical area." I so move this, Mr. Chairman, On motion amendment, "That Clause 11, subclause (

b) be amended by deleting the final word~and/' carried.

On motion amendment, "That - subclause (c) . be amended to read: if,at the time of certification, a collective agreement binding on or entered into on behalf of Fishermen in the unit is in force' . then the Association shall be substituted as a party to the agreement in place of the bargaining agent that is a party to the agreement on behalf of Fishermen in the unit, and may, notwithstanding anything contained in the agreement, upon two months' notice to the Operator or Operators concerned terminate the agreement insofar as it applies to those Fishermen; and", carried.

On motion amendment, "That subclause (d) ._ be added to Clause 11 and to read as fiilows:•The certification shall apply to all operators purchasing fish within the specified geographical area applicable to the unit \ if such unit is determined by reference to a specified geographical area," carried. On motion Clause ,11 as amended, carried. On motion Clause 12, carried. MR. ROBERTS: Mr. Chairman, there are two amendments to Clause 13. They are fairly simple.

In the third line, Sir, that now reads~with the Operator ·concerned'' could we amend it to read: "with the Operator or Operators concerned." In the second line of subclause (

a) of Clause 13 the same amendment, Sir. It will read, "require the Operator or Operators concerned." On motion amendment, "That there be inserted after the word Operator in the third line of Clause 13 the words 1 " or Operators," carried. !J269

June 2, 1971, Tape 821. Page 1 -- apb On l1otion, clause (13) as amended carried. On motion, clause 14 to clause 54 carried. MR. ROBERTS: Mr. Chairman, I move that clause (55) together with the side notes and the head note. date of coming into force,be deleted for the reasons that the Premier explained yesterday in moving the Bill at second reading. We take the position that a law is good law until and unless a court.duly constituted, for which the matter is common court of competent jurisdict .ion, strikes down the Act. We do not take the position that this is against the combines Act.

We think it is good legislation and accordingly we propose that it come into effect immediately. So, we move the deletion of section (55). !ffi. MAHONEY_: Mr. Chairman, in speaking to that amendment, may I say, for the information of the Counnittee, that representation has been made by the Newfoundland Federation of Fishermen, really, in essence asking two questions with regard to this Bill. One with regard to the question of certification by area. This I may say Yr. Chairman , has been covered.

The Question of certification by way of setting up of a unit by geo~raphical area has now been covered in the amendment which has already been proposed and passed in this Committee to section (11). The other ouestion is a suggestion with regard to price to be paid by the operators to the fishermen for fish. There was some su~gection, and it is recognized in this trade, that the ~arket fluctuates,sometimes from day to day and from month to month. That question,Mr.

Chairman , the answer to that is that in negotiating a collective agreem~nt the association representin~ the fishermen and I the operator or operators association concerned, certainly, and in particular the 01eratot would not bind himself to a set ~rice but rather to a price that would vary as the market varies, either on a formula basis or a price to be negotiated from time to ti~e. In other words , this would be subject to be dealt with in :i270

June 2, 1971. Tape 821, Page 2 - - apb Afternoon. the collective bargaining provess and certainly,I would suggest to the committee, would not be the subiect for legislation. I sunoort the amendment . On motion amendment, that Clause 55 and the heading thereto be deleted. carried: ~otion, that the committee report having passed Bill No.84, J.. Bill, ''An Act Respecting the Collective Bargaining Between Certain l?ishermen 0r Associations Of Fishermen And Certain Persons Or P..ssociations Of Persons En~aged In the Processing Of Fish In the Province, ' carried'.

Motion, that the committee report having passed Bill No:85, A Bill,'An Act To Amend The Trade TTninn Art, 1960,' carried: 'Motion, that the comm.ittee report having passed Bill No.87, A Bill,'

An Act Further to Amend the Law Society Act,'' carried· Motion, that the committee report having oassed Bill No.79, A Bill,

An Act to Ratify, Confirm And Adopt An Agreeinent f'-ade Between The Government And Noranda Exploration Company, Limited (No Personal Liability)," carried: Bil 1 No. 89, A Bill," An .Act Respecting The Transplanting Of Parts From One Living Human Body To Another Living Human Body And Resnecting The Disposition Of Bodies And Parts Thereof Of Disceased Persons l\'or Therapeutic And Other Purposes.• ; On ~otion Clauses 1 through 9 carried'.

Motion, that Clause 1<1 be amended by deleting the word "port' and substitutinp. the word ''Post therefor (post mortem), carried: Motion, that the coromittee report having oassed Bill Nb 89 with some amendment, carried: Bill No.83, A Bill,"An Act Further to Amend the Election Act;" 5271

June 2, 1971 Tape 822 (Afternoon) PK-1 MR CURTIS: follo wing, in (e), ' a member of Her Maiesty 's Canadian Forces . '• Then , on the third line. •· resident in the Province for one month.' Fifth line: Delete ' those six months " and substitute ''that one month. ' (

f) line 3, delete "six months' ' and insert ''one month' ' Instead of ' those six months' ' , ' that one month " . On motion amendments carried: On motion Clause 2, as amended, carried: MP CURTIS· On Clause 4, 'Mr. Chai=an, second line, as sections 10 A and 10 B the followinr : " (

a) a ine!T'ber of Rer }fa i esty' s r.anadian Forces.' (

b) I will read when we come to it. nn notion amendment carried: MR CURTIS: Now a new extensi~n, Clause 10 B to read: "Notwithstandin~ any of the other urovisions of this Act , a candiaate in any election who is not but for this

section qualified as an elector in the district for which he is a candidate may upon takin~ an oath as in Form 40 (

a) of the Rchedule vote in that district. " I mav say, !-fr. r.hairman, those of us Pho represent northern districts a distance away from St John's rarely ~et a chance to vote 1n an election. At least we will have the privi l ere of votin!? for ourselves. On motion amendment carried: On motion Clause 4, as amended, carried: MP_ CURTIS: Mr. Chairman, Clause 7, second line, that the word ''an" be deleted and the word "as' · substituted therefor - ' 'as enacted." On motion Clause 7, as amended, carried: 1'1P. CURTIS: Form 35 (a): Form 35 (a) ''I chose to make oath and say

(1) I am a Canadian Citizen , that I am a member of Her Majesty's Canadian Forces ••. ,. Insert the word ''Canadian there a.nrl in the next line, •·canadian " to be inserted before the word "Forces ", and, two lines below that, ' 'for one n,onth immediately preceding the pendinii: election.' I move these amendments: On mot:1.on amendments carried: The Oath of Oualifications, Page 9, ~r. Chairman: ''

(1) That I am a Canadian Citizen of the full age of nineteen years, that I am a member of Her Majesty's Canadian Forces, the wife

.June 2. 1971 Tape 822 (afternoon) PK-2 of a JPemher of Her ~fajesty's Canadian 'Forces ..... . ...• or a dependent of a l!'el!'ber of Rer l-fajesty' s Canadian Forces• · . Then dele te the words •'sbc Months ' and substitute therefor the word~ ' one ~onth ' . On Motion Forr- 3~ A, as ameDded carrjed: ~'!_ CURTIS: 1 would like to move, iir. Chaiman, at the very end of the Bill, Form tlo .40 A, Oath of Candidate - this is the

section referred to as 10 E . .. Plectoral Disttict---PollinF: Station No.---I, t he undersij(ned--·---make oath and say or do solemnly affirm---­ (1) that I am a candidate for election in the electoral district of----I have not already voted in this election nor been ~uilty of any corrupt nor illejtal practice in relation thereto . That Twill not vote aStain in this election, so He.ti:- ~e C:od ! ' This is the affidavit to be taken by the candidate, will be Sif.ned by the candidate: · .... sworn or affirmed before me at---­ this --· --···day of ----Si!med before the Deouty Returnin ~ Officer or Poll Clerk . . ~273

1une 2, 1971 (Afternoon) Tape No, 823 NC - 1 On motion amendment carried. Motion, that the Committee report having passed this Bill without amendment, carried, On motion that the Committee rise, report having passed Bi~is No.83 and 84 with some amendileL.ts; !Sills .No.71:1,8~, 87 and ~':I, without amendments,made "progress and ask leave to sit again, Mr.Speaker r€turned to the Chair: MR. NOEL: Mr. Speaker, the Co11U11ittee of the Whole have considered the matters to them referred and directed·me to report having passed Bills noa. 83, and 84 with some amendments>, On motion reports received and adopted, -..

On motion amendments read a first and second time, Bills ordered read a third time now, by leave. On motion, Bill no. 83, "An Act Further To Amend The Election Act, 1954," and Bill no. 84, "An Act Respecting Collective Bargaining Between Certain Fishermen Or Associations Of Fishermen And Certain Persons Or Associations Engaged In The Processing Of Fish In The Province," read a third time, ordered passed and titles be as on the Order Paper, MR. NOE~: Mr.

Speaker, the Committee of the Whole have considered the matters to them referred and directed me to report having passed Bills noa. 79, 85, 87 and 89, without amendments. On motion report received and adopted. On motion, Bill no. 79, A Bill, "An Act To Ratify, Confirm And Adopt An Agreement Made Between The Government And Noranda Exploration Company, Limited (No Personal Liability)," Bill no. 85, A Bill, "An Act To Amend The Trade Union Act, 1960," Bill no. 87, A Bill, "An Act Further To Amend The Law Society Act,• Bill No. 89, A Bill, "Act Act Respecting The Transplanting Of Parts From One ~274

June 2, 1971 (Afternoon) Tape No. 823 NC - 2 i Living Human Body To Another Living Human Body And Respecting The Disposition Of Bodies and Parts Thereof of Deceased Persons For Therapeutic And Other Purposes," read a third time, ordered passed and titles be as on the Order Paper, MR. CURTIS: I would move, Mr. Speaker, that when the House adjourns today, it adjourns until Wednesday, October 20, 1971, and to stand adjoumed until then at 1:00 P,M., providing always that if it appears to · the satisfaction of Mr.

Speaker, or in the case of his absence from the Province, the Chairman of Committees, after consultation with Her Majesty's Government that the publie interest requires that the House should meet at an earlier time than the adjournmen; Mr. Speaker or in his absence the Chairman of Committees may give notice that he is so satisfied and thereupon the House shall meet at the time stated by such notice and shall transact its business as if it had been duly adjourned to that time. I would make that motion, Mr.

Speaker, and in making it I would like to take this opp6rtunity, on behalf of the Government and the House, to express our thanks and appreciation, to you Mr. Speaker, the Deputy Speaker, to the Law Clerk and the other officials, to the Sergeant at Arms, to the policeman outside and to all of the officials of the House who have given us such co-operation. Might I couple with that, Mr. Speaker, the members of the press gallery who have been here - MR. SMALLWOOD: The long suffering members of the press gallery. MR.

CURUS: gallery." A former press man says, "the long suffering members of the press I accept that amendment, Mr. Speaker. Motion carried, MR. SPEAKER: Admit His Honour the Lieutenant-Govemor. 5275

June 2, 1971 (Afternoon) Tape No, 823 NC - 3 MR, SPEAKER:. It is my agreeable duty on behalf of Her Majesty's dut:1,ful and loyal 81ibjects, Her Faithful Commons in Newfoundland, to present to Your Honour Bills for the appropriation of Supply granted in the Present Session.

"An Act For Granting To Her Majesty Certain Sums Of Money For Defraying Certain Expenses Of The Public Service For The Financial Year Ending The Thirty­ First Day Of March, One !housand Nine Hundred And Se•enty-One, And For Other Purposes Relating To The Public Service." "An Act For Granting To Her Majesty Certain Sums Of Money For Defraying Certain Expenses Of The Public Service For The Financial Year Ending The Thirty­ First Day Of March, One Thousand Nine Hundred And Seventy-Two, And For O.the.r Purposes Relating To The P.ublic Service." 5276

June 2nd, 1971 Tape 824(Afternoon) HIS HONOUR THE LIEUTENANT GOVERNOR: In Her Majesty's name,! thank Her Loyal Subjects, I accept their benevolence, and assent to these Bills. MR. SPEAKER: May it please Your Honour, the General Assembly of the Province has at its Present Session passed Certain Bills, to which, in the name and on behalf of the General Assembly, I respectfully request Your Honour's Assent. A Bill, "An Act To Amend The Agreement Ratified By, And Set Forth In The

Schedule To, The Canadian Javelin Limited (Agreement) Act, 1966, And To Make Certain Provisions Relating To That Agreement." A Bill, "An Act Further To Amend The District Courts Act." A Bill, ''An Act To Repeal The Judgement Debts (Installments) Act, 1962." A Bill, "An Act To Amend The Constabulary (Pensions) Act, 1970." A Bill, "An Act To Amend The Employment (Notice of Termination) Act, 1969." 1961." A Bill, "An Act Further To Amend The Insurance Contracts Act, A Bill, "An Act Further To Amend The Fire Insurance Act, 1957." A Bill, "An Act To Amend The Survivorship Act, 1963." A Bill, "An Act To Amend, Revise And Consolidate The Law Respecting Accident And Sickness Insurance." A Bill, "An Act Further To Amend The Insurance Companies Tax Act." A Bill, "An Act Further To Amend The Memorial University (Pensions) Act." A Bill, "An Act Further To Amend The Newfoundland Industrial Development Corporation Act, 1966-67." A Bill, "An Act Respecting The Department Of Social Services And Rehabilitation. 11 5277 JM - 1

June 2nd, 1971 Tape 824(Afternoon) A Bill, "An Act To Amend, Revise And Consolidate The Law Respecting Social Assistance." A Bill, "An Act Further To Amend The Fatal Accidents Act." A Bill, "An Act Further To Amend The Crown Lands Act." A Bill, "An Act To Amend The Statute Law." A Bill, "An Act Further To Amend The Act 4 Ed.

Vll Cap. 13 Entitled, "An Act To Provide For The Transportation Of Timber Over Streams And Lakes, And For Other Purposes In Connection With Crown Lands." A Bill, "An Act To Ratify, Confirm And Adopt An Agreement ~.ade Between Her Majesty In Right Of Newfoundland, Newfoundland Industrial Development Corporation And National Sea Products Limited And To Make Provision Respecting The Making Of Certain Monetary Grants And The Payment Of Certain Subsidies And Respecting Other Matters Connected Therewith." A Bill, "An Act To Amend The Lives tock (Heal t.

h) Act, 1964." A Bill, "An Act Further To Amend The Stamp Act." A Bill, "An Act To Establish The Newfoundland Law Reform Commission." A Bill, "An Act Respecting The Application And Effect Of Certain Acts Passed In The Present Session Of The Legislature Upon The Revised Statutes Of Newfoundland, 1970." A Bill, "An Act To Protect Certain Persons Rendering Aid Following An Accident Or In An Emergency," A Bill, "An Act Further To Amend The Companies Act." A Bill, "An Act To Amend The Criminal Injuries Compensation Act, 1968." A Bill, "An Act Further To Amend The Registration Of Deeds Act." JM - 2 A Bill,"An Act Further To Amend The Industrial Standards Act, 1963." 5278

June 2nd, 1971 Tape 824(Afternoon) A Bill, "An Act Further To Amend The Minimum Wage Act." A Bill, "An Act Further To Amend The Apprenticeship Act, 1962." A Bill, "An Act Further To Amend The Child Welfare Act, 1964. 11 A Bill, "An Act To Amend The Department Of Community And Social Development Act, 1966." A Bill, "An Act To Amend The Dental Act, 1968." A Bill, "An Act Further To Amend The

Summary Jurisdiction Act." A Bill, "An Act To Amend The Elevators Act, 1969." · A Bill, "An Act Further To Amend The Women"s Patriotic Trust Fund Act, 1920." A Bill, "An Act To Repeal The Department of Municipal Affairs (Amendment) Act, 1969." A Bill, "An Act To Amend The Coughlan College Ir,corporation Act, 1965." A Bill, "An Act Further To Amend The Annual Vacations With Pay Act, 1969." A Bill, "An Act Further To Amend The Judicature Act." A Bill, "An Act Further To Amend The Wills Act." A Bill, "An Act Further To Amend The Adoption Of Children Act, 1964." A Bill, "An Act Further To Amend The Children Of Unmarried Parents Act, 1964." A Bill, "An Act To Provide For Compensation Of Employees Affected By Declaration Of The State Of Emergency By St.

John's Municipal Council.'' A Bill, "An Act Further To Amend The Workmen's Compensation Act, 1962." A Bill, "An Act Respecting Mental Health." A Bill, "An Act To Amend The Newfoundland Medical Care Insurance Act." 5279 JM - 3

June 2nd, 1971 Tape 824(Afternoon) A Bill, "An Act To Provide For The Management And Operation Of Hospitals In The Province." A Bill, "An Act To Amend The Agreement Ratified, Confirmed And Adopted By And Set Forth In The

Schedule To The Big Nama Creek Mines Limited (Agreement) Act, 1966-67, And To Make Certain Statutory Provisions Relating To That Agreement." A Bill, "An Act To Amend The Mechanics' Lien Act, 1970." A Bill, "An Act Further To Amend The Evidence Act." A Bill, "An Act Further To Amend The Education (Teachers' Pensions) Act, 1962." JM - 4 A Bill, "An Act Further To Amend The Agreement Ratified, Confirmed And Adopted By And Set Forth In The

Schedule To The Commodore Mining Company Limited (Agreement) Act, 1968, And To Make Certain Statutory Provisions Relating To That Agreement." A Bill, "An Act Further To Amend The Gasoline Tax Act, 1962." A Bill, "An Act To Authorize The Government To Enter Into An Agreement With Robin Hood Multifoods Limited (Formerly Robin Hood Flour Mills Limited) Which Would Further Amend The Agreement Ratified, Confirmed And Adopted By And Set Forth In The

Schedule To The Govern­ ment-Robin Hood Flour Mills Limited (Agreement) Act, 1963, And To Make Certain Provisions Relating To That Agreement." A Bill, "An Act Further To Amend The Securities Act." A Bill, "An Act Further To Amend The Social Security Assess­ ment Act." A Bill, "An Act To Repeal The Act 9 Ed. VU Cap. 2 Entitled "An Act To Incorporate The Newfoundland Board Of Trade, And For Other Purposes." A Bill, "An Act Further To Amend The Judicature Act.'' A Bill, "An Act To Provide For The Establishment Of A Cancer Treatment And Research Foundation."

June 2nd, 1971 Tape 824(Afternoon) A Bill, "An Act Further To Amend The Department Of Education And Youth Act, 1968." A Bill, "An Act Further To Amend The Automobile Insurance Act, 1968." A Bill, "An Act To Empower The St.

John's Municipal Council To Raise A Loan For Municipal PurpoS'es By The Issue Of Bonds." A Bill, "An Act To Provide For A Veterinary Licensing Board For The Province And To Incorporate The Newfoundland And Labrador Veterinary Medical Association." A Bill, ''An Act Further To Amend The Co-operative Societies Act." A Bill, "An Act Further To Amend The British Newfoundland Exploration Limited (Petroleum And Natural Gas) Act, 1963." A Bill, "An Act Further To Amend The Agreement Confirmed By And Set Forth In The

Schedule To The Frobisher Limited (Confirmation Of Agreement) Act, 1955, And To Make Certain Provisions Relating To That Agreement." JM - 5 A Bill, "An Act Respecting The Attainment Of The Age Of Majority." A Bill, "An Act Further To Amend The Loan And Guarantee Act, 1957." A Bill, "An Act To Ratify, Confirm And Adopt An Agreement Made Between The Government And Noranda Exploration Company, Limited (No Personal Liability) • " A Bill, "An Act Further To Amend The City Of St.

John's Act." A Bill, "An Act Further To Amend The Local Government (Elections) Act, 1965." A Bill, "An Act Further To Amend The Local Government Act, 1966." A Bill, "An Act Further To Amend The Election Act, 1954." A Bill, "An Act Respecting Collective Bargaining Between Certain Fishermen Or Associations Of Fishermen And Certain Persons Or Associations Of Persons Engaged In The Processing Of Fish In The Province."

June 2nd, 1971 Tape 824(Afternoon) A Bill, "An Act To Amend The Trade Union Act, 1960." A Bill, "An Act Further To Amend The Law Society Act." A Bill, "An Act Further To Amend The Local Authority Guarantee Act, 1957." A Bill, "An Act For Granting To Her Majesty Certain Sums Of Money For Defraying Certain Expenses'Of The Public Service For The Financial Year Ending The 31st Day Of March One Thousand Nine Hundred And Seventy-Two And For Other Purposes Relating To The Public Service." A Bill,"An Act Respecting The Transplanting Of Parts From One Living Human Body To Another Living Human Body, And Respecting The Disposition Of Bodies And Parts Thereof Of Deceased Persons For Therapeutic And Other Purposes." HIS HONOUR: In Her Majesty's Name, I Assent to these Bills.

MR. ROBERTS: Mr. Speaker, before the House adjourns I wonder if I might have the leave of the House to have returned to me some documents which were tabled, I believe, by the Premier. I think, three years JM - 6 ago there was a Resolution put through the House respecting expenditures on elections and in connection with the debate certain documents were tabled by me and as these are the only copies I have and as I gather they have been in the clerks office for three years and nobody has made use of them I wonder if the House would consent to have them returned to me? On motion, agreed. MR. CURTIS: Mr.

Speaker, I move that the House do now adjourn. MR. SPEAKER: Before I put the motion to adjourn I have been asked by the Press Gallery Association to extend an invitation to all members to attend a brief infonnal reception which is to take place illDllediately following this adjournment in the CNIB cafeteria on the ground floor of this building. The news reporters who have covered the session would like to meet all the members at this brief gathering ~282

.::. June 2nd, 1971 Tape 824(Afternoon) MR. SPEAKER: particularily since a number have already signified that this will be their las-t :ippearance on the floor .. as they will not be seeking re-election. Now we may not have a formal opportunity of thanking the members of the Press Gallery for this kind invitation and I do so now on behalf of all members present. On motion the Rouse at its rising adjourned until tomorrow, Wednesday, October 20, 1971 at 3:00 P.M. ~283 JM - 7

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation1971-06-02
Typehansard
Volume / chapterga34session5 june2 1971
Languageen
Formatpdf
SourcePROVINCIAL
Identifier01fca31337b6b73688d38a39e9e25eea0152fc57

Source file is stored in the law ingest library (pdf).