May 31, 1971 The House met at 10;00 P.H. Mr~ Speaker in the Chair. HR. SPE.ti.KER: Order! Tape 796 (morning) HON. F. W. ROWE: (MINISTER OF EDUCATION AND YOUTH) : Mr. Pk - 1 op,,a,cer, under the Youth Administration Act which this House adopted some two years ago, the Lieutenant Governor-in-Council has established the Newfoundland and Labrador Youth Advisory Council consisting of the following members: Hxs. R. W. Ball, Grand Falls, Provincial Girl Guide Commissioner (I may say, ~r. Speaker, I am reading this in alphabetical order) of Newfoundland and Labl'2.dor; Mr. Roland Bellieveau, Recreational Director, Mr.

Bruce Butler of Corner Brook, Recreational Director, Mr. Thomas Chassion from De Grau in the District of Port au Port, who was the Gold Medalist at the Canada Winter Games in 1971, and incidentally is Newfoundland's only Gold 'Medalist, I understand, and who was appointed as representative of the student body of the University; Dr. J. Douglas Eaton of St. John's, who is Dean of Men at the Memorial University; Mr. James Feltham of St. John ts, who is President of the Newfoundland Amateur Badminton Association; Miss Ella Hann of Corner Brook  who is Physicial Education Teacher in that cityt The Rev. Father R.

Hawco of Buchans who is the Interi:rn Vice-President of the Newfoundland and Lahrador Amateur Sports Federation~ Mr. Frank Kavanagh of St. John 1 slwho is Executive Secretary of the Boy Scouts Association of Newfoundland and Labrador~ Hr. Mark King of Corner Brook. who is on the Con,er Brook Recreational Commission~ Hr. Gerald Loman of Gander,who is a Physical Education Teacher in that town~ Mr. Howie Meeker of St. John's 1 who is Chairman of our special Commission on Sports and Youth Activities, Mr. A. J. Murphy, familiarly k.nm,,--n as Hr. Ank Murphy of St.

John's,who is President of the Newfoundland and Labrador Amateur Baseball Association; Mr. Thomas O'Keefe of Placentia 1who is a recreation organizer in that town; Mr~ Gordon Reese of Bell Island,who is Chairman of the Bell Island Recreational Commission~ Mr. Herbert Roche of Span-iiard's Bay1who is a Physical Education :i083

May 31, 1971 Tape 796 (morning) PK - 2 MR. ROWE. F .W. Instructor and is also Vice-President of the Newfoundland and Labrador Athletic Association; Mr.

Russ Rowsell of Roddicton,who is a Physical Education Instructor in that town; Miss Elizabeth Russell of St~ John's\who is a Physical Education Teacher and is also President of the St~ John's Ladies Basketball Association and is Secretary of the Newfoundland Volleyball Association and who incidentally.headed one of our teams at the Winter Games this year; Miss June Saunders of Grand Falls was appointed as1 beinr, a student at Memorial University 1 she is a student in Physical Education, Miss Saunder is probably Newfoundland's best known female athlete\ Mr.

Maxwell A4 Snow> ,Jr~, of Stephenville,who is a recreation organizer in that town; Mrs. Elizabeth Swan of Clarenville, who is Newfoundland's representative of the National Skating Association·, Mrs. Margaret Vincent of Bay Verte,who is a recreation and youth organizer in that town and Mr. Charles Warr of Happy Valley~who is a recreation organizer in that town. The LiEnttanent Governor-in-Council, Hr~ Speaker, has appointed Mr.

Walter Clarkecf Grand Falls to be Chairman of the Council~ Mr$ Clarke was born in Victoria, Carbonear, received his teacher's training at Memorial University, taught for several years at Victoria, Carhonea~ and then moved to Grand Falls to teach at Grand Falls Academy. Shortly after Confederation he formed the first Anny Cadet Corp and was a CommandinPs Officer for a number of year&.

He has been Secretary-Treasurer for the Newfoundland Amateur Hockey Association for the past twenty years~ In this capacity he was instrumental in having Newfoundland Amateur Hockey Association affiliated with the Canadian Amateur Hockey Association. In 1970, Mr. Clarke received a meritorious award from the Canadian Amateur Hockey Association. Ee is the only Newfoundlander to have his name in the Hockey Hall of Fame. Mr.

Clarke is a member of the Grand Falls Curling Club and of the Grand Falls Rotary Club and is a member of the Senior Hockey Council of Canadaa He was elected Vice-President of the Interim Committee

May 31, 1971 Tape 1q, (morning) PK~ 3 MR. ROWE, F.W. set up to form the Newfoundlandts Sports Federation, which will hold its founding convention in June. I am also please to state, Mr. speaker, that the Lieutenant Governor-in­ Council has appointed Mr. M. J~ Foster to be Vice-Chairman of the Youth Advisory Council. Mr. Foster crone to Newfoundland from Ireland, eighteen years ago,to teach Physical Education at Bishop Field College and later at Bishop's College.

He hold a Bachelor's Uegree in Physical Education from Memorial University and a master of Arts Uegree in Physical Education from Springfield, Massachusetts. He was a member of the special Commission on Recreational and Youth and also of the National Advisory Council of the Fitness and Amateur Sports Director during the year 1966 to 1970~ Mr. Foster is at present a member of the Senate of the Unive~sity and is also Professor and Director of Physical Education at the University.

It will be seen from this list, Mr~ Speaker, that every member of this Council has been actively identified with youth and recreation in this Province during the past years. All appoints to this Council are for a period of three years~ Under the ActJ the Council has the responsibility of advising the minister on all matters relating to recreation, sports~ physical fitness and in general on activities and programmes designed for the benefit of the youth of the Province.

One final word, which is not in this official statement, Mr~ Speaker; 'rhe Act does not prescrihe the number of members who will sit on this Council. I mention this now because I have no doubt that in the course of time it will become desirable to have other members appointed to this advisory group, either from the standpoint of geography or for other reasons related to the welfare of recreational and physical fitness in the Province. I have no doubt that the Government would entettain in the course of time any recommendabions, reasonable recommendations,on that score.

I mention that now in the event that there may be some groups or some activities or some ~085

May 31, 1971 Pk - 4 MR~ ROWE, F.W. areas even which may feel they have been left out. This is the beginning of the Youth Advisory Council oi Newfoundland~ May I finally express my appreciation over the facts that this group, which were incidentally recommended to me by my Advisory Committee within the department, that when I approached, as I did every member of this,naturally,before making this public announcement, without exception every single person agreed immediately upon my request to serve on this important body.

I would like to express my appreciation for this very splendid manifestation of interest in the recreation and physical fitness and generally in the welfare of the youth of this Province. I have a number of copies of this, I am very happy to distribute them for the press and any others who might be interested. If there are any hon. members who would like to have a copy of this, if they would let me know, I can let them have it for their records. HON. W. N. ROWE: (MINISTER OF COMMUNITY AND SOCIAL DEVELOPMENT) : Mr.

Speaker, I would like to make a statement on the ARDA AP-reement~ The statement, Sir, which I am about to give,was originally intented to be a joint statement by the hon. Jean Marchand, Minister of Regional Economic Expansion and myself. Mr. Marchand had hoped to be in a position today to announce the signing of ARDA Agreements with several other provinces of Canada, as well as our own, but unfortunately not all the provinces were ready to sign. Since, however, we in this Government have been ready to announce the signing of the ARDA Agreement for some time, Mr.

Marchand has agreed that I should go ahead today and make the following announcement independently: Mr. Marchand's announcement concerning other ARDA Agreements, as well as our own 1 incidentally 1 ris having already been signedjshould be forthcoming shortly. I am delighted, Sir, to be able to announce today the signing of a new five year rural development agreement between the Federal and Provincial Governments, under the Agricultural and Rural Development Act, better known 5036

May 31, 1971 Tape 796(morning) MR~ ROWE W.N. as 11 ARDA. 11 The Agreement provides for programmes of rural development in Newfoundland and Labrador on the basis of a fifty/ fifty cost sharing between the Federal and the Provincial Governments. PK - 5 Of special significance for this Province is the considerable emphasis given to the development of employment opportunities and the provision of measures to help rural people gain access to those opportunities or improve their level of income from primary producing activities.

The new Agreement will also specifically assist in the development of the Newfoundland Fisheries 1 through the establishment, expansion or modification of facilities for processing or manufacturing, insofar as such assistance does not duplicate other Federal or Federal/Provincial programmes. The many references to the fishery and fishermen in this new Agreement represent a considerable step forward in our negotiations with the Federal Government concerning rural development in Newfoundland and Labrador;under ARDA.

These explicit and specific references to the fishery have brought our ARDA Agreement more in line with this Province 1 s different and even unique needs, as far as rural development is concerned. The Agreement further provides for finB.ncial or other assistance to fishermen and other primary producers with marginal or sub-marginal annual income, to enable them to develop viable supplementary or alternative activities based on the fisheries, land or other natural resources.

There is also provision in the Agreement for programmes involving the acquisition of land of low capability for conversion to more effective use; for the development of publicly own land 1 for the establishment of community pastures; land use and soil and water conservation. The Agreement further makes it possible to follow through with requisite eoun~elling and specialized training and allied assistance to ensure the success of programmes designed to implement alternative and more effective uses of rural lands.

The new Agreement also covers programmes related to the implementation of tourist and recreation plans,for example, the provision of assistance ~087

May 31, 1971 Tape 796 (morning) PK - 6 'MR. ROWE, W.N~ fnr the establishment of commerical tourist facilities essential to the success of such plans. Detailed plans under the Agreement will be developed on the bases of plan development strategies for rural areas where there is Federal/Provincial agreement that special projects or programmes are required.

While the new Agreement is applicable up to March 31, 1975, programmes or projects approved prior to that date may continue toward their completion until March 31, 1978~ The new ARDA Agreement recognizes that a broard range of activities is essential to a successful rural development and adjustment programme supplementing without duplication already existin~ Federal or Federal/ Provincial prograrmnes. As such the Agreement will significally assist in raising the income level and standards of many people in ;he rural areas of the Province of Newfoundland and Labrador.

The present statement, Mr~ Speaker, is not related to the forthcoming DREE Agreement. This Rural Development Agreement under ARDA, which I am describing, is designed to make certain that the economic level in the rural areas of the Province continues to rise,side by side with the effects of the DREE Agreements which are felt more immediately in our more urban areas. I have copies of this statement, Sir, for members of the House and for the press. MR. A. J. MURPHY: (LEADER OF THE OPPOSITION): Mr.

Chairman, I would just like to ask if the Chair is planning to bring forward atthis time a matter that was moved by the hon. member for St. John's West on Friday, and if not, just when is it likely to he discussed in the House? MR. SPEAKER: The ruling will be given shortly. PRESENTING PETITIONS MR. R. BARBOUR: Hr. Speaker, I have the honour, Sir, to present a petition from the residents of Charleston, which is in my district. The petition is signed by eighty-one persons. I would like, Sir, if I may, to read the ~088

May 31, 1971 Tape 796 (morning) Pk - 7 MR. BARBOUR: prayer of the petition. We the undersigned people of Charleston, Bonavista Bay, NewfoundlandJ do make petition to the Government of Newfoundland and Labrador for the upgrading and eventually the paving of the road through Charleston,starting at the highway leading to Bonavista and to the Arctic Fishery Products Limited Fish Plant at the bottom of Charleston. Mr. Speaker, the road referred to in the petition is somewhere around one and a-half miles to two miles long.

It is the only road, the only way, it is the road, one and only road that they can get into Charleston, into Sweet Bay, back and forth. Now, Sir, in this prosperous community of Charleston there is a fish plant known as P!'he Arctic. Fishery Products Limited." It employs somewhere around, 120 people. Mr. Speaker, listen to this, Sir, the plant itself transports by truck in the vicinity of 10 million pounds of fresh frozen products, meaning different kinds of fish species. Mr.

Speaker, I am happy to support this petition, not for one reason but for many reasons,because one of the many are the people have to walk ' to the fish plant, back and forth~ We all know how they must endure the dust, the dry weather in summer time$ Furthermore, Mr. Speaker, as I said it is a prosperous community, it is a community where the people work hard and honestly.

Those who are not employed in the great fish plant are either loggers or work at construction work$ I do not know of any case in the district,of my historic district of Bonavista South,where the people deserve it more to have their road upgraded and later on, Please, God, I hope paved. I know the hon. the Minister of Highways is listening to me, and he knows all about this, because before I received the petition, Mr. Speaker, I have conferred with him many times on this important road. I sriid it was the only road. That is a fact.

It leaves the Cabot Highway and goes into Charleson,on,to Sweet Bay, but the petition comes from the people of Charleston. 5089

May 31, 1971 Tape 796 (morning) Pk - 8 MR. BARBOUR: Now from the fish plant into Sweet Bay is a distance between three and four miles. What the people are asking to have upgraded and paved is the main part of the road from the Cabot Highway leading to the fish plant in what we call the bottom of Charleston. This is not too much to ask, the people deserve it~ I was never;more sincere in my life than I am now, when I say I wholeheartedly support this petition and I ask that it be referred to the department to which it relates. Hr.

Speaker, when this petition reaches the Table of this hon~ House, the clerk will return it to me, I will in person take it to the Department of Highways. I will again confer with the Minister of Highways and I have rto:"doubt, Mr. Speaker, his heart will soften up and he wlll find a few dollars somewhere or other to get this great industrial road upgraded and pa~ed. MR. A. J. MURPHY: Nr. Speaker, -!·would have had a. heart of stone if I did not stand here j_n my place and support this petition so ably presented by the hon. member for Bonavista South.

As a matter of fact,{and perhaps I should not mention this)our candidate in the coming election has already brought it to my notice,in conferrin~ with people; so I had planned really to go all out on this one and support it: The great tragedy is, Mr. Speaker, in an area such as the hon~ the member mentioned where there is an industry going; these people for a great number of years have had to contend with these conditions. I visited the district many times and the dust and the condition of the road is really terrible.

I know the hon~ member must feel embarrassed when he has µ:ot to come here time after time requesting this House to do such a small job as he is requesting. I can only say, Sir, I do not want to make these remarks politically by any means,that we certainly hope that the Minister of Highways, when the hon. member gets back his petition and beats down· the door of the Highways Department) that the Minister of Highways will have a soft spot in his heart for these people who so richly deserve perhaps what other areas of the Province are enjoying~ &090

May 31, 1971 Tape 796 (morning) PK - 9 MR. CROSBIE: Mr. Speaker, I would ¥ish to make it unanimous~ The hon. member carried us all away with his eloquence 1 tte certainly presented this petition in the correct way. He has Eead the prayer of the petition; we can do nothing else but support him. We hope that road will he paved this summer and the :'rinister of Highways will 1:1:sten to his plea. On motion petition received~ ANSWERS TO QUESTIONS HON. J. R. SMALLWOOD {PREMIER): Mr.

Speaker, in ansvrer to Question No. 31 on the Order Paper of !-1arch 25, in the name of the hon. the Leader of the Opposition: The answer is a very long one. I hope the hon. memher does not expect me to read it. It is pages and pages, so I will merely Table it. Question No. 8,on the Order Paper of March 25, in the name also of the hon. the Leader of the Opposition: I have an uneasy feeling that some of these have been answered, but they were handed to me and I am not going to take any chance in the matter, I will - if that is answered, we will forget it.

Question No. 203 on the Order Paper of March 29, in the name of the hon. member for Burin. Is that answer? Question No. 22& in the ~ame of the hon. member,the Leader of the Opposition, the member for St. John?s Centre, March 29. Is that answered? AN HON. MEMBER: Yes. MR. SM!{LLWOOD: I wish they would not give me these answers twice; once is enough. Question No. 252,on the Order Paper of March 29, in the name of the hon. the Leader of the Opposition,is answered. Question No. 253, Question No. 267, Question No~ 305. AN HON. MEMBER: Answered. MR. SMALLWOOD: This is good staff work. Question No. 313? Yes.

Ouestion No. 314. No? MR. STRICKLAND: Yes, Sir, answered on April 15. MR. SMALLWOOD: Well there it is, I remember this myself. Answered in part,

I May 31, 1971 Tape 796 (morning) Pk - 10 MR. SMALLWOOD: I remember, the first part asked how many regional appeal boards had been set up and the answer is one had been set up for the whole of the Province~ Then the second part of the question asked for the names. I remember giving the names, the Chairman, Mr. Leo Stead; members Mr. Arch Frost, Hr. Walter Dalton, Mr. Richard S. Murphy, Hr. Grahaxn Martin. The next

part I do not remember answering. The number of sittings during the past year. The total number of sittings for the past year were twenty-six. For the present Roard 1 for the period October 1, 1970 to December 31, 1970, nineteen. Renumerationsof Chairman and members are $50.00 a meeting for the Chairman and $35~00 a meeting for the members ... ~ Bdding that Mr. Walter Dalton and Mr. Graham Hartin;who are civil servants,do not receive any renurneration, as member, they receive their normal salaries~ Question No. 337, not answered, it is for April 1; in the name of the hon. the member for Burin.

The answer to (1) nNo. 11 and that therefore no answer arise to the second part. nuestion No. 356? MR. STRICKL~ND: Yes, Sir. ;m. SMALLWOOD: Answeredl MR. STRICKLAND: Yes, Sir. Answered April Fool's' Day. HR. SMALLWOOD: ;m. STRICKLAND: MR. SMALLWOOD: MR. STRICKLAND : April Fools'Day. Question No~ 398? Yes, Sir, April 14. Question No. 411? Yes, Sir, April 22. MR. SMALLWOOD: That seems to be it. I have another here, but I do not know the number. I do not know who asked it. But I have the answer. It is rather long, if I knew who asked it I would just pass it over.

Mundy Pond Urban Renewal Scheme and Blackhead Road Urban Renewal Scheme and Corner Brook Urban Renewal Scheme, the details of the cost and so on. The numbers' of houses. the numbers of properties are all here. If we can find out who asked the question~ ~,aybe it was prepared for estimates. Maybe it is not an answer to a question. t.092

May 31, 1971 Tape 796 (morning) Pk - 11 MR. H.R. V. EA.~LE: Mr~ Speaker, before calling Orders of the Day, I am sure the House will agree that I might extend to a delegations from the Town of St~ Lawrence and particularly from my friend the hon. member for Burin who is not here today but is on the peninsula on business, attending meetings at Grand Bank,and from the Opposition generally! a very warm welcome to the delegation of ladies who are accompanied by town officials and labour officials from the Town of St~ Lawrence.

I understand they are here to see the Govern.~ent in connection with a fund to be set up for the widows of the deceased miners of the Town of St. Lawrence and we,this side of the House,wish them every success in negotiations with the Government and trust that these will be fruitful for them and that they will have a good reception. MR. CROSBIE: Mr.

Speaker, in CO!l!lectian with the matter of privilege I raised here on Friday, I notice that Beauchesne on Page 96 says; 11 It is the practice of the House of Commons to bring up a question of privilege after pltayers, before the House is taken up with Orders of the Day. This matter was raised last Friday. and it is our wish.to have this matter of privilege dealt with before proceeding with any business of the House. This is too important a matter to be just allowed to slide.

It was broug~t up at three o I clock on Friday afte.rnoon~ It is a matter that affects the condoning of violence in this House~ We take the matter very seriouslv. MR. SPF.AKER: lt is completely unnecessary for the hon. member for St. John's West to make a speech about thise I have already assured the Leader of the Opposition that this will be brought up shortly, and I intent to give the ruling before we go into Orders of the Day. FURTHER ANSWERS TO QUESTIONS !:1093

May 31, 1971 (Morning) Tape No. 797 NC - 1 MR. SPEAKER: Before we go on to Orders of the Day, I will give the ruling which I promised the House on Friday that I would give, but as it was nearly six o'clock and as it was rather lengthy, I decided that it would be better policy to give it at some other time. The question raised is concerning~ Breach of Privilege of the House. It contains several allegations.

I want to say this before I make any definite ruling: Hon. members should remember that there are Breaches of Privilege of the House and that there are also Breaches of Privilege of the members, and all the authorities agree that a Breach of Privilege of the House is something that rarely should be brought before the House. There are a lot of occasions when questions are raised as Breaches of Privilege when they are not Breaches of Privilege at all. I will not go into that one right at this moment.

What I will say is this:- The definition, as outlined by May and by Beauchesne, of what is a Breach of Privilege of the House is as follows: Willful disobedience to Orders and Rules of Parliament in the exercise of its Constitutional Functions; insults and obstructions during debate are Breaches of Privilege of the House. 11 I think that possibly I should read that once more: 11 Willful disobedience to Orders and Rules of Parliament in the exercise of its constitutional functions; insults and obstructions during debate are Breaches of Privileges of the House. 11 Now there are quite a number of examples given here: I will just read one or two which constitute Breaches of Privilege of the House: "Reflections on the character of the Speaker and accusations of partiality in discharging his duties.

Reflection on the conduct of the Chairman of Committees~ Reflection on the impartiality of the Chairman of Ways and Means. Reflections upon the conduct of the Chairman of Standing Committees. Imputations against members serving on private Bills. Asserting that a member could control the decision of a Committee. o. 11 These are some of the examples of Breaches of Privilege of the House. The year before last, in this very Chamber here, we had Mr. Philip Laundy, Chief of the Research

Section ti094

May 31, 1971 (Morning) Tape No. 797 NC - 2 MR. SPEAKER~ of the Library of the House of Coi:mnons, give us a very well thought out and very concise paper on the question of Privilege.

Amongst other things he has to say in this respect, and I will read it for the benefit of the House, he says: 11 I think one only has to read the records of our Parliament and our Legislatures to appreciate this~ Certainly the records of the Canadian Parliament are full of exampkes where members have used the cloak of Privilege to make personal explanation, to respond to political attacks, to question the accuracy of newspaper articles, to complain of an unsatisfactory reply to a question and even for openly frivolous purposes.

These abuses of the right to raise a Question of Privilege have always been very difficult to control, certainly in the Canadian House of commons, mainly because of the right which has grown up for members to 'advise' the Chair as to whether a prima facie case has been made out before the Speaker is called upon to give his ruling. This has made it very difficult for the Chair to control the abuse of the right to raise a Question of Privilege:' He continues further: flOn the other hand, many Questions of Privilege are raised with serious intent but which upon examination prove to be nothing of the sort.

There is, for example, considerable confusion in the minds of members between Parliamentary Privilege and Political Propriety and there is a very important ruling which Mr. Speaker Lamoureux recently gave in the House, on the 31st.

March 1969, which established for the record that 'Parliamentary Privilege is concerned with the special rights of members, not in their capacity as minister nor as party leaders nor as whips nor parliamentary secretaries but strickly in the capacity as members: J!Allegations of misjudgement~ of mismanagement, maladministration on the part of a Minister in the nerformance of his ministerial duties does not come within the purview of Parliamentary Privilege-.! 11 He repeats the words here: n ••• breach of Privilege of parliament ought rarely to come before parliament." He goes on to say still further: "You will i find members rising and drawing attention to certain words from time to time, and they seem to be more sensitive when their own colleagues, Members of Parliament, make statements of this kind,but in general members will content themselves with L095

May 31, 1971 (Morning) Tape No. 797 NC - 3 MR. SPEAKER: getting a statement on the record and will not seek a prim.a facie case nor seek to follow it up with a motion to refer the matter to a Committee of Privilege. 11 I quote this, indicating the tendency and indicating what the general principles are in this matter of a Breach of Privilege of the House. In the point raised by the hon." member for St.

John's We.st, there are certain items which he alleges are contrary to our procedure and which are Breaches of Privileges of the House: (1) he quotes and he says,in reference to the hon. the Premier's statement on radio and to the press: 11 this has happened a hundred times in Parliament~ Violence breaks out every now and then. 11 If we try as I read these items to relate them to the definition that I have already given: He alleges that this is a Breach of Privilege of the House, in the fact that it condones what has already been done$ 11 ••• this has happened one hundred times in Parliament.

Violence has broken out every now and then. 11 Then he repeats the incident of Sir Winston Churchill hurling the book at another member. Then the Premier makes a statement: lie said; 11my son did go across and punch Mr. Marshall in the face. On the other hand, how does a young man sit there and listen to his mother being slandered? Is a young man supposed to take that and remain silent?

He told members of the House he punched Mr~ Marshall because he had attacked his mother~ If he attacked his w~ther again, he would punch him again, in or out of the House. 11 This is a recital of matters that took place within the House, the only exception thereto being that in the Premier's statement ( 11 how does a young man sit there and listen to his mother being slandered?") These are the words that a.re being taken objection to. "It was not right for Mr. Marshall to drag her into the discussion. What I wonder at is why he did not go across when Mr.

Marshall was speaking. 11 These statements, I reneat again, I try to relate to the definition of what is a Breach of the Privileges of this House. He goes on further and says; 11Mr. Marshall last night did something that is just not done, he brought my wife 1 s name into it. I cannot condemn my son for defending his mother as he did and I hope he always will. jJ ;,096

May 31, 1971 (Morning) Tape No. 797 NC~ 4 MR~ SPEAKER: Now these are the words that are alleged to be Breaches of the Privileges of thisBouse. The charge, that he is condoning the actions of the hon. member for Green Bay, I fail to see in the context here and to which I listened.

I fail .to see how there is condonation and even if there were, how words uttered outside the House could relate to the definition which I have read earlier and which I will once more read: '1Willful disobedience to Orders and Rules of Parliament in the exercise of its Constitutional Function, insults and obstructions during debate are Breaches of the Privilege of this House." I fail to see how a prim.a facie case has been established in this instance,when I read these statements and relate them to the definition of what Parliamentary Breach of Privilege is, as outlined in Beauschene. MR. MARSHALL: Mr.

Speaker, on that ruling, and I have not spoken before but I intend to speak again at a far greater length on it than I will right now, I want to draw to Your Honour's attention - MR. SPEAKER: I must inform the hon. member that I have now given my ruling and it is not subject to debate, it can be only subject to repeal. MR. MARSHALL: Well Your Honour I rise as well on a point of Personal Privilege and I point out that assault and threats to a member is a Breach of the Privilege of this House. MR. CROSBIE: In this ruling you have only given a partial definition of a Breach of Privilege to the House.

You are using your own definition. You are relating these statements made outside the House to your own definition - ?ffl.. SPEAKER: The hon. gentleman knows that the ruling has been given; it is subject to appeal but it is not subject to discussion. MR. CROSBIE: Mr. Speaker may I call it a rulingl I do not think it is a ruling, it is a sham, and I appeal the ruling, such as it is. Motion that the ruling of the Chair be sustained~ [1097

May 31, 1971 (Morning) Tape No, 797 NC - 5 ON DIVISION: MR* SPEA.UR: Those in favour of the motion please rise. The hon. the Premier, the hon. Mr. Lewis, the hon. Mi~ister of Highways, Mr~ Noelt the hon. Minister of Labrador Affairs, Mr. Hodder, Mr. Strickland, the hon. Minister of Education and Youth 1 the hon. Minister of Public Works, the hon. Minister of Mines, Agriculture and Resources~ the hon~ Minister of Comm.unity and Social Development, the hon. Minister of Provincial Affairs, the hon. Minister of Social Services and Rehabilitation, Mr. Barbour, the hon. Minister of Health, the hon. Mr. Hill, the hon.

Minister of Supply and Services, Mr. Mahoney, Mr. Saunders. MR. SPEAKER: Those against the motion please rise. The hona the Leader of the Opposition, Mr. Marshall, Mr~ Earle, Mr. Crosbie. MR. SPEAKER: I declare the motion carried. MR. MURPHY: Mr. Speaker, if I may, and I do not know what this is on, whether it is a point of privilege or anything else, but after what we have seen here this morning, Sir, I just wonder what is left for us here as members of this House of Assembly. We have heard a ruling given,Sir. I was looking at this book, I could not get a chance to comment on the ruling or anything else~ MR.

SPEAKER: The hon. member ... I regret to say that there is no motion before the Chair. He is now disputing the ruling and this is what I presume it is. MR. MURPHY: I am rising because I am a member of this House of Assembly and I feel as a matter of personal privilege I should have some say on what is happening in this House today, MR. SPEAKER: The hono member, I do not se.e that, I regret very much,. I possibly can understand how he feels en this matter but this is not the time for a speech on this matter which has now been settled and decided.

If somebody wishes to raise a different question altogether, then it will be done by a motion of which due notice will be given. MR. MARSHALL: Mr~ Speaker, if I may rise on a Point of Personal Privilege 1 and the Point of Personal Privilege is this; that the words that were used by the ti098

May 31, 1971 (Morning) Tape No. 797 NC - 6 MR.

MARSHALL: hon. the Premier are words that in effect condone and incite violence and &ffect the safety and security of a member of this House 1 namely myself and my family, and I run not prepared- I have said absolutely nothing in this instance before.I had hoped that the whole situation would pass away because I felt a certain amount of compassion and pity at the particular time 1 but now I certainly still feel reason~ but for an entirely different I would hope that radio station CJON,for instance, who managed to carry the vile invective for the Premier 1over the weekend~ad nauseum,will also report this statement of mine~ I very much regret the situation in which we find ourselves and I certainly was not the author of it and I have no intention of prolonging it any further.

But this is a matter, as far as I am concerned, which eifects myself as a member~ I am not going to be pressured by anybody into making statements that are going to affect certain situations that are as sacred to me as the confessions of a penetent would be to a prient and I want to make everybody in this place know that I am not going to be pressured into doing this~ But I always want to make, since I have been vilified all over the place,everywhere, I want to draw the following points to the attention of the Chair and to the attention of this House: number (1) in the first case I did not slander anybody.

From the second point of view I said nothing, I reacted neither physically nor with my tongue,as one would be tempted to do, and I guarantee many of us are long since past the days of childhood when they have been punched in the face. But I can assure them that the humanjnatural reaction is to hit back. I did not do that nor did I hit back with my tongue and I have no intention of doing it now. But Mr.

Speaker, this touches a matter of the safety and security, as far as I am concerned, of my family,where violence has been visited upon men and when a leader of this Government is prepared to sit back and in effect condone violence by his statements on the radi~ have no intention of being driven off it. I for one 5099

May 21, 1971 (Morning) Tape No, 797 NC - 7 MR, MARSHALL : There were members on the other side of this House, Mr~ Speaker, and I am not going to name them, because they are decent individuals on the other side, who have been kind enough to come to me privately and express their absolute horror over this occasion. But still they are prepared to sta.1d and vote on another matter. I do not want to make an issue of it bu~ I think that the hon~ the Premier, and I know that he is in a difficult position, but I have a family too, comprising of a small boy and two small girls and I run not letting anything affect that.

So I feel, quite frankly 1 Mre Speaker, that it is a very sorry state of affairs, if this House is so emasculated and so completely weak that the people in this House are not going to stand as decent Christian individuals and give me at least an assurnce. I think the hon. Premier obviously has a duty to turn around and retract the remarks that he made and give me an assurance that he will do nothing further to incite or condone violence and violence that could be visited upon me. This is a disgraceful and a distasteful exhibition, as far as I am concerned, and I did not ask for it~ All I want to do, Mr.

Speaker, all I ask in this Country is to be able to practice Law and act for whomsoever I wish and I guarantee you, I will continue to do it, and to speak my opinions as they come and I guarantee you I will continue to do it. But also, at the same time, surely to God I am entitled to the protection which this Country should afford people.

Now I know, I know how you can get up and you can justify everything that is gonet Oh yes 1 we can rationalize it all~ You can mention the statements that I made, etc., etc., but you can never get out from under the fact that all I was doing was quotinga This is a Point of Privilege, it certainly is. The members on the other side can justify - justify and rationalize their way out of it,but you can never forget two points: that I said nothing, nothing out of the way, and I know;hon. members know that there may be other reasons behind the attack on me.

But fine~I am prepared to sit back and take it, if I have to 1 but when the safety and security of myself and my family !;100

May 21,1971 (Morning) Tape No. 797 MR~ MARSH.ALL: are involvedj it is an entirely different not be driven off that point.

NC - 8 and I will Now all of you can get up and raise, like you are on the Mount of Olives, if you want to, and you can sit back and you can justify it completely, but it is a sorry state I say, when the hon. the Premier retaliates to what I, not st1s,,1c:1c,uc,1v but submit was a charitable act on my part not to strike back either with my fistnorwith my tongue norto say anything; it is a sorry state of affairs when grown men sit back in their chairs and allow the Leader of the Government to make a statement which in effect, could affect the safety and security of my family.

Now I do not want to go any further and I am not going any further and I am making no more statements outside the House. I am only making this statement in this House itself and I do not want to continue on any further with this particular situation that I find is very sorry and very, very regretable.

But I tell this House, and if we are not men enough to stand up on our own feet and give a member of this House the protection and to be treated like a decent individual that I hope at least the people on this side of the House think that I am, well in that particular case other remedies will obviously have to be taken. But Mrz Speaker, I say we can rationalize, we can rule, we can say what we want to do,but in that statement there may not be~ Breach of the Privilege of the H6wse, but nobody, nobody can doubt that it is a breach of the privilege of the individual, and as such I raise it.

I raise it with regret, and I know this will not be believed on- the other side but at least all of the news media of this Province can certify to the effect that I have steadfastly refused to make any comment whatsoever with respect to this matter 1 as I shall when I get outside this House, but I guarantee you something; that I will never be driven off the course that I have taken, but 1 do expect at least to be able to carry on my life without the fear and threat of violence.

May 21,1971 (Morning) Tape No. 797 NC - 9 MR~ MURPHY: Mr. Speakerj we have just heard the hon~ member here speak and I think he is in what he said~ As far as I am concerned, S:ir, and I will say this now, that the action that has taken place in this House the past few days is a to this House. We have heard the ruling given this Str, you would not know if you were in a kangaroo court or a mock parliament as far as I am concernetL I do not care, Mr.

I have stood this for eight years and may I be thrown out of this House, but I want to see justice done, I do not want any man, whether he be Premier or anything else, to incite the people to vi6lence and you can tell him this as far as I am concerned • MR, £!tOSBIE: What the hon. member for • John's East has said is perfectly correct.

The statements made outside this House by the Premier were outrageous, an incitement to violence in this House, a justification of violence in this House and in giving your ruling you skipped over every example of Beauschne that relates to it and gave your own partial definition of it. I do not recognize you,as being an impartial Speaker$ You are a partial Speaker~ MR. SPEAKER: I will not recognize - MR~ CROSBIE: Not impartial whasoever. A tool. MR, SPEAKER: The hon. member will take his seat or I will name him. Mil, CROSBIE: Name me all you like.

What do I cat'e; I do. not recognize you as being an impartial Speaker in this House. MR._~PEAKER: Mr~ Crosbie, Mr. Crosbie~ I nam,e the hon~ member. Mr. Crosbie will retire from the House. MR. CROSBIE: Retire~ I will be delighted to retire9 Kanagaroo court and mock parliament do not seem to come into it9 }fil. SPEAKER: If the hon~ member does not retire 1we will have him removed~ MR. CROSBIE: You just try it. You just try it. If you can justify violence from one side, you will get it on two sides. l'III.. EARLE: Mr, Speaker - Ml. SPUKER: We are dealing ~ith another matter right now.

May 21, 1971 (Morning) Tape No, 797 MR. EA..'llLE: Yes we are aeaoinRwith the personal for St. John's East. NC - 10 of the hon. member MR. SPEAKER: This one has to be dealt with immediately, the hon. member will get his opportunity. MR~ ROBERTS: Mr~ Speakert I move that the hon. member for St. John's Wes~ having been named by Ytlur Honour, be suspended from the House for a period of three days. MR. SPEAKER'? You have heard the motion~ Those in favour please say, 1 1.sye, 11 contrary, 11 nay.jj I declare the motion carried~ MR. EARLE: Mr.

Speaker, if I may, I have never seen anything quite equal to what has gone on here this morning. The tempo of this House is built up and the whole temper of the House has been incited during this Session,from time to time, by remarks which have been made outside this House. I know to have remarks which are of the most dastardly kind condoned by the Speaker~ in my opinion, are - I do not know how to express it, I cannot find words. I cannot find words~ I disagree with the ruling.I think the Speaker is not impartial and I will stand on my feet and say so.

I think this House has gone to the limit and I will not condone I will not have this type of thing going on in the House~ MR~ SPEAKER: Order please. Do I understand the hon~ member to say that the Speaker is not impartia17 MR, EARLE: Absolutely, MR, SPEAKER: I will ask him to withdraw these remarks. MR. EARLE: With pleasure, I will not withdra:w the remarks, I withdraw from the House. MR, MARSHALL: Mr. Speaker you can count me in on that too. MR, SMALLWOOD (J,R,): Before Orders of the Day, Mr. Speaker, the House cannot ignore this.

The House just cannot* The two hon. membetshave just said that they regard Your Honour as partial, as not being impartial and they have refused to retract~ MR. SPEAKER: I will entertain a motion. MR. SMALLWOOD: In the absence of the Leader of the House, I can only move that ;;103

~.ay 21, 1971 (Morning) Tape 797 NC - 11 MR~ SMALLWOOD: the two hon. members, the member for Fortune Bay and the member for St. John's East, that the two hon. member be su1pended from the services of the House for three day;Your Honour~ MR. SPEA.ll:ER: Those in favour of the motion please say, "aye~ 11 conrary, 11 nay ~ 11 I declare the motion carried. MR. SPEAKER: Orders of the Day! MR. ROBERTS: May I have leave to revert to three notices of motion which have just been given to me7 MR. SPEAKER: Agreed, MR~ ROBERTS: I give notice that I will on tomorrow ask leave to introudce a Bill,

an Act respecting the transplanting of parts from one living human body to another living human body, respecting the transplanting of parts from one living human body to another living human body, respecing the disposition of bodies and parts thereof, of deceased persons for therapeutic and other purposes. I give notice, Mr.

Speaker, in the absence of my colleague, the Minister of Finance, that I will on tomorrow ask leave to move the House into a Committee of the Whole to consider certain resolutions relating to the guarantee of repayment of bonds or debentures issued by, and the guarantee on the repayment of loans made to certain local authorities~ Again Sir, on behalf of my colleague.the Minister of Finance, I give notice that I will on tomorrow ask leave to move the resolution to move the House into Committee of the Whole, to consider a certain resolution in relation to the advancing or guaranteeing of certain loans~ Motions two and three, Mr.

Speaker~ ORDERS OF THE DAYS On motion of the hon~ the Minister of Justice A Bill, "An Act Furter to Amend the Law Society Act,n read a first time, ordered read a second time on tomorrow. 5104

May 21, 1971 (Morning) Tape No. 797 NC - 12 On motion of the hon~ the Minister of Mines, Agriculture and Resources, A Bill, 11

An Act to Ratify, Confirm·and Adopt~ Agreement made between the Government and Noranda Exploration Company Limited, No Personal Liability Act, 11 read a first time, ordered read a second time on tomorrow. COMMITTEE OF THE WHOLE ON SUPPLY: b105

May 31st, 1971 Tape 798(Morning) MR. C!IAIRMA.'l: Order! Heading - MR. ROBERTS: Mr. Chairman, the Committee was on Head 1501, page 65 in the printed estimates. On motion, Heading XV - Economic Development, carried, without amendments. MR. ROBERTS: I move that the Committee rise, Mr. Chairman, and report to Mr. Speaker and we will then proceed with further business. On motion, that the Corm:nittee rise, report progress and ask leave to sit again, Mr. Speaker returned to the Chair. MR. NOEL: Mr.

Speaker, the Committee of Supply have considered the matters to them referred and have passed estimates of expenditure under the following headings: Heading XV - Economic Development, all items, report progress and ask leave to sit again. On motion, report received and adoptede On motion, Committee ordered to sit again presi,ntly. JH - 1 MR~ ROBERTS: Mr. Speaker, could we move please into Committee of Supply to consider the Supplementary Supply, I believe it has already been debated in

part in Committee~ If it is in order could we move back into the Committee and resume that debate? COMMITTEE OF TBE ,IBOLE ON SUPPLEMENTARY SUPPLY: MR. CHAIRMAN: Bill No. 67, "That it is expedient to introduce a measure to provide for the granting to Her Majesty for defraying certain expenses of the Public Service for the financial year ending the 31st day of March, 1971, the sum of forty-two million, seven hundred and forty-two thousand, nine hundred and eighteen dollars ($42,742,918).

On motion, Heading 11; Legislative; Heading 111, Executive Council; Heading IV, Finance; Heading V, Provincial Affairs; Heading Vl, Education and Youth; Heading Vlll, Mines, Agriculture and Resources; Heading lX, Public Works: Heading XI, Social Services and Rehabilitation; :i106

May 31st, 1971 Tape 798(Morning) Heading Xlll, Municipal Affairs and Housing; Heading XlV, Fisheries; Heading XV, Economic Development; Heading XVll, Highways: Heading XV!ll, Supply and Services; carried~ On motion, resolution carried. On motion, that the Committee rise and report having passed the Resolution and recommend that a Bill be brought in to give effect to the same, Mr. Speaker returned to the Chair. On motion, report received and adopted. On motion 7 Resolution read a first and second time.

On motion, 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 Thirty-First Day Of March One Thousand Nine Hundred and Seventy-One And For Other Purposes Relating To The Public Service," read a first time ordered read a second time now, by leave On motion, Bill read a second time, ordered read a third time now,by leave. On motion, Bill read a third time, ordered that the Bill do pass and its title be as on the Order Paper. MR. ROBERTS: Mr.

Speaker,before we revert to further Orders I have discovered that my colleague, the Minister of Justice, intended on Friday past to give notice that he would ask to resolve the House JM - 2 into Committee, would it be in order if I ask leave to give this motion now? I only discovered it in my colleague's Order Book. l!R. SP!lAKER: Agreed. MR. ROBERTS: Mr. Speaker, I give notice on behalf of my colleague, the Minister of Finance, that I will on tomorrow ask the House to resolve itself into Cormnittee of the Whole to consider certain Resolutions for the grantin~ of Supply to Her Majesty. ~107

May 31st, 1971 Tape 798(Morning) MR. ROBERTS: Mr~ Speaker, on Orders of the Day if we could take orders (2) to (6) the Connnittee stage on five Bills and then following that it is the Governrnent 1 s intention to ask the House to proceed with the second reading of the Bills that stand for second reading on the Order Paper 1 taking them as far as possible. COMMITTEE OF THE WHOLE: MR. CHAIRMAN: Order! Bill No. 13. JM - 3 MR. NEARY: Mr.

Chairman, the Committee will remember that my colleague, the Minister of Health, was piloting this Bill through the House in my absence when I was out of the Province on official Government business and I want to thank my colleague, Mr. Chairman, because not only did he have to pilot the Bills of the Department of Social Services and Rehabilitation through the House but also the Bills that were brought in in connection with the Labour Department. I think all the changes that were recommended were made in this Bill.

We can see that the fact that the tenure of office of members of the Appeal Board should be one year, Mr. Chairman. I do not think there are any other outstanding pointstunless the Chairman has some notes. I think we could safely say that we have co-operated with the Opposition in making the changes that they recommended in that Bill. MR. CHAIRMAN: The note that the Chairman has is that Clause 23 was left standing, otherwise there were no amendments to this Bill. On motion, Clause 23 carried.

Motion, that the Committee reports having passed Bill No. 13, "An Act Respect The Department Of Social Services And Rehabilitation, 11 without amendments~ carried. Bill No. 14, "An Act To Amend, Revise And Consolidate The Law Respecting Social Assistance: 11 :,108

May 31st, 1971 Tape 798(Morning) MR. NEARY: Mr. Chairman, the main point,, I think, on this Bi11 1raised by the Opposition,was with regard to recovery of overpayments& I am afraid, Mr~ Chairman, that I have to be adament on this that we have no choice; my department has no choice but to recover overpayments especially if there is fraud involved. Therefore, Mr. Chairman, I am not prepared to alter or change this particular

section of the Bill but I am prepared to take a look at the seven year time limit~ I am asking the Justice Department to give us a ruling on this because we have,as one of the members of the Opposition rightly pointed out, collected debts that were twelve years old and I am not quite sure whether under British common law that we can do this. But we will check it out, Mr. Chairman, and I will get a ruling from the Justice Department on it. MR. CHAIRMAN: Will we let it stand? MR.NEARY: No, we can let the Bill go through. MR.

CHAIRMAN: Two clauses were left standing when this Bill was before Committee before, Clause 12 and 18. On motion, Clause 12 and 18 carried. Motion, that the Committee reports having passed Bill No. 14, with some amendments, carried. MR. ROBERTS: Mr. Chairman, the next order is Order No. 4, perhaps a word of explanation. This Bill was orig±nally introduced by -a private member but the Government have agreed to support it. There is a reprinted version of the Bill that has been prepared by the draftsmen and circulated, If it is in order.could we do the Committee stage on Bill 48 as reprinted?

I believe all hon. members have had copies of it and have had opportunity to study the changes. I think they were discussed quite extensively at the second reading stage. Bill No. 48(Reprint), "An Act To Provide For Compensation Of Employees Affected By Declaration 0£ The State Of Emergency By St. ~109 JM - 4

May 31st, 1971 Tape 798(Morning) John's Municipal Council. 11 On motion, Clauses l - 5 carried. MR. ROBERTS: Mr. Chairman, there is an amendment to Clause 6 but I think it is a fairly minor one but I have it noted in my copy. JM - 5 MR. CHAIRMA.ij: The motion is that in Clause 6, sub-clause 2 the word "business" be deleted before premises, the second last word in the third word be deleted so that it now reads, nthe business premises of any employer or the premises where such employer 1 s records are kept. 11 On motion, Clause 6 as amended,carried. On motion, Clauses 7 - 9, carried.

Motion, that the Committee reports having passed Bill No~ 48 with some amendments, carried. Bill No. 53, "An Act Respecting Mental Health, 11 (Reprint). MR. ROBERTS: Mr. Chairman, there has been prepared and distributed some time ago to members of the Connnittee a reprinted version of this Bill incorporating some amendments. As I do not think the amendments go to the princip!:fi of the Bill that was adopted at second reading, I wonder if it would be in order to proceed with a discussion of the Bill as reprinted. On motion, Clauses 1 - 5, carried. MR. ROBERTS: Mr.

Chairman, I do not want to delay the Committee, of course, but I feel that I should point out that amendments to 6 and 7, ;.;110

May 31st, 1971 Tape 798(Morning) MR. ROBERTS: these are the sections which were amended, Your Honour, I think in making these amendments my colleagues and I have built in further protections to the liberty of the subjects~ There was some consider­ able discussion at second reading and I think it should be drawn to the attention of the Committee that further safeguards have been incorporated. I think we now have quite a good Legislation and my medical officials tell me that it is quite a workable piece of Legislation in the bargin. On motion, Clauses 6~carried. MR.

CHAIRMAN: I draw the attention of members to the fact that "certificates" in Clause 7, sub-clause 4 the word "certificates" at the end of the third and the beginning of the fourth line should be singular, should be simply 0 certificate. 0 On motion, Clauses 7 - 26, carried. Motion, that the Committee reports having passed Bill No. 53 (Reprint) with some amendments, carried. Bill No. 59, "An Act Further To Amend The Education {Teacher's Pensions) Act, 1962. 11 MR. ROWE(F.W.): Mr. Chairman, there are a few corrections to be m~rl~ and this was explained in second reading.

There was a minor commit• ment to the Education(Teacher's Pensions) Act, 1962, designed to look after children who might be victims of broken marriages and give them the same protection that all other children enjoy when the home breaks up. On motion, Clauses 1 - 7, carried. Motion, that the Committee reports having passed Bill No. 59 without amendments, carried. MR. ROBERTS: Mr. Chairman, I move that the Committee rise, report progress and ask leave to sit again presently. ;;111 JM - 6

May 31st, 1971 Tape 798(Mo:rning) On motion that the Committee rise report having passed Bills No, 13 and 59 with no amendments and Bills No. 14, 48 and 53 with some amendments, Mr. Speaker returned to the Chair. MR. NOEL: Mr. Speaker, the Committee of the Whole have considered the matters to them referred and have directed me to report having passed Bills No. 14, 48 and 53 with some amendments. On motion~ amendments read a first and second time, Bills ordered read a third time now, by leave. On motion, a Bill, 11

An Act To Amend, Revise And Consolidate The Law Respecting Social Assistance, 11 read a third time, ordered passed and title be as on the Order Paper~ On motion, a Bill, "An Act To Provide :For Compensation Of Employees Affected By Declaration Of The State Of Emergency By St. John's Municipal Council,1 1 read a third time, ordered passed and title be as on the Order Paper~ On motion, a Bill, 11

An Act Respecting Mental Health, 11 read a third time, ordered passed and title be as on the Order Paper. MR. NOEL: Mr. Speaker, the Committee of the Whole have considered the matters to them referred and have directed me to report having passed Bills No. 13 and 59 wfthout amendments, ask leave to sit again. On motion, report received and adopted, Bills ordered read a third time now, by leave. On motion, a Bill, 11

An Act Respecting The Department of Social Services And Rehabilitation," read a third time, ordered passed and title be as on the Order Paper. On motion, a Bill, "An Act Further To Amend The Education (Teacher's Pensions) Act, 1962, 11 read a third time, ordered passed and title be as on the Order Paper. Second Reading of a Bill, "An Act Further To Amend The Newfound­ land Industrial Development Corporation Act, 1966-67. 11 5112 JM - 7

May 31st, 1971 Tape 798(Morning) MR* NOLAN: Mr. Speaker, this is outlined fairly clearly, I think, in the explanatory note where it provides simply for the changing of the financial year of the Corporation and I move second reading. On motion, a Bill, 11

An Act Further To Amend The Newfoundland Industrial Development Corporation Act, 1966-67," read a second time, ordered referred to a Committee of the Whole House presently, by leave !"i113 JM - 8

Pay 31, 1971. Tape 799, PAge l -- apb Morninp-. Motion, second reading of a Bill, ''/In Act To Repeal The Judgement Debts Installments Act of 1962\ 11 .11.0N, E.P.ROBFRTS (Hinister of Health): Hy collear;ue. the menber for Harbour !•1ain,as l':cting Minister of Justice ,will nove the Bill Your Honour. £ill* LEWIS: I wove second reading Your Honour. On wotion Bill read a second time~ ordered referred to a Comm:tttee of the 1?hole House presentlv by leave. On motion, second readinr of a Bill.

An Act To Provide For The Management And Operations Of Hospitals In The Province.' l!R. ROBEFTS Yr. Speaker 1 in r1ovin;z second reading of this Bill. I --------- - feel I will not be ahle to equal the 1:1ark for brevity of my colleague and friend. the learned and senior member for Harbour ~-1ain. However~ I will not be very lonr. I feel it is an important Bill, Your Honour. It is the Bill which will become knm-m.1if it is adopted 1as the Hospitals' Act.

The siJnple purpose of the Bill, Sir, is to provide for the first time ir,_ history that the hosµitals of Newfoundland and Labrador are all of them operated under specific statutory authorization and that all of thew are operated under comparable and similar and,insofar as nossihle, equal statutory authorizat:lon. At present,Your Honour, as the House is aware, some of thP­ hospitals in Newfoundland are operated under specific Acts of this House. The St. Clare's J-1ercy Hospital, operated by the Sisters of Eercy here in St.

John 1 s, I believe they are coming up on their fiftieth anniversary at that noble and charitable work. There is

an Act under which that institution is operated. The Grace General Hospital I believe is operated under authority of the General Act incorporating the Salvation Army in Newfoundland. Then there are specific Acts for the (;eneral Hospital here in St. John 1 s, the Janeway Hospital in St. John rs, the Western Memorial Hospital at Corner Brook and the Central Newfoundland Pospital at nrand ti114

~ay 31, 1971, Tape 799 Page 2 -- apb Morning. Falls. Other hospita1s 1 Sir, operated under authority of the Annual Appropriations Act. which of course provide the funds and the general autho!'ity contained in the main Department of Health AcL It is the Government's feeling 1 Your Honour, that this is not an adequate recognition of the reality of the situation. Accordingly, some months ago we began work on this legislation. The principles embodied in this,Sir, are very simple and they are simply stated. The Bill falls into three sections. The first

section ?rovides the procedure under which any hospital in this Province may become :i.ncorporated by virtue of an Order in Council. If such an Order in Council is passed and enacted by His Honour the Governor it has all of the force of law. That provision 1 Your Honour, applies to every hospital in Newfoundland. There is a sir;nificant exception when we come to the case of hospitals not operated by the Government - institutions such as St. f:lare 1 s , The CTrace1 The Carbonear Community Hospital, the Tuillin~ate - The Notre Dame 1femorial Hospital at Twillingate and the International Grenfell and so forth. These institution will come under this

section of the Act, only if they enter into an agreement with the r,overnor in Council. There is a

section in the Act spelling out at some length the terms of this agreement, the matters to be dealt with. For example, such matters as the choice of the members of the board. Such matters at the choice of a chairman and so forth. These are matters that are quite proper and of very great concern to the private hospitals in this Province, and accordingly they will be affected by the provisions of this Act only in this sensei only when they choose to come in and when they choose to come in by agreement between the institution on the one hand and on the other hand the Government. The second part of the Act,Your Honour, is the legislative !:!115

P,ay 31 1 1971, Tape 79?, Pa~e 3 -- apb Vorninf!. authority to go ahead with what everybody in the field agrees is vitally necessnrv in our hospitalization programmes 1 and that is to ~ove tcNards regional boards~ This is a means of delegating the direct operating control of the hospitals from the department which is now pretty well centralized here in St. John's, delegating it to regional boards that will be appointed publicly. Hopefully, and there is provision made for this, in due course we will have elected representation on them.

In this,Your Honour, the Government's policy is sitrtiliar to our policy with respect to school boards. Generally.we believe that bodies dealinp: with public funds, insofar as possible, should answer to the public. The third

section of the Bill, lfr. Speaker, deals with and applies ta all hospitals - deals with the statutory rules which will govern the operation of hospitals in this Province. These rules are set forth at great lenrth and I am sure that memhers of the House have read then-. I would point out that if this Act is adopted by the Eouse,it will be the paramount Act if there is any conflict between this and any other piece of legislation. He believe this is essential. We think this Bill is the generic~ the base Bill and accordingly should be the one that takes precedence whenever there is any question. Mr.

Speaker, in closing, may I add that this Bill has I believe been the subject of more consultation than any Bill ever brought into this House to my knowled~e, ever. The drafts of this Bill were prepared some months ago. We have had yeoman work, we have had noble work from the Legal Counsel and the Executive Council. Hr. Cyril Greene. Q.C •• }!r. Greene has worked extremely hard on this Bill. He beg-an by cominr; up with the concepts which are very difficult.

Anybody who is in the field. and I believe Your Honour has some knowledge, In charitable work Your Honour does, public services carried out by Your Honour. some knowledge of the types of difficulties involved in this ~116

J>tay 31, 1971 ~ Tape 799, Page 4 -- apb '!sorninp:. legislation. He has worked with us throughout, and I would be remiss if I did not mention his work, because ~he hospital ~ill in large measure is his acl,ievement. Your Honour. when the drafts were prepared by Mr. r:reene, and discussion with my own officials and the other le~al advisers of the Government, we sent them to every hospital board in Newfoundland. We vere a little le;i.ry about this. it was a precedent~ hut we in the Government felt it was a good one and accordinr:ly we did it.

Every board in Newfoundland had copies of the draft Act, and it is a matter or pride, a matter of note,that no member of any board, and I suppose Your Honour, hundreds:- I said one eveninr: in the House; upossibly a thousand.H That may be exagierated. but certainly hundreds of people had access to those drafts. No word of it became public. The matter vas treated in complete confidence, and that is a precedent that holds well, very · well for the future. Fe then had a day long meetinf! in Gander,when ny officials went up ·t-tith rne to that community.

People came ,from all over Newfoundland. hospital wards, we went through the draft claui:.e hy clause. There were some substantial noints, free and full discussion. As a result of that there were some amendments made and then further consultations. As a result. I think I can now i:;tate uneouivocallv that this Bill as it f.t;;mils has the support of every authority in the Provj_nce, the author:i.ties operatinp our hospitals. our private hospitals~ the International Grenfell, the Notre Dame Bay Hospital at Twillin)!ate, the St. f'lare's Hospital here in St. John's, the Grace General here in St. John's.

All I believe,Your Honour, feel that this is a ~ood Bill and that it does not in any way affect their interests detrimentally, that indeed it is a step forward. 'I'he Newfoundland Hospital Association, and the other professional people in the field, I believe it is fair to say, are enthusiastic about it. Accordinp:ly it is with very much pleasure I move that the Bill he now read a second time. ;,117

May 31, 1971, Tape 799, Page 5 -- apb Morning. On motion, Bill read a second time, ordered referred to a Committee of the ¥Thole. House presently by leave. MR. LEWIS: Mr. Speaker, I move second readinr of a Bill, ''An Act Further To Amend The Securities /\ct~ 1' On motion, Bill read a second time, ordered referred to a Committee of the Whole House presently by leave. On T'10tion. second reading of a Bill, ''An Act Further To Amend The Distict Courts Act. (No. 2) HON. P.J.LEWIS· - -------·- - This Bill Mr.

Speaker, the effect of it is to increase the jurisdiction of the District Courts, to authorize such courts to issue wnrrnnts of attachment and also within the courts jurisdiction to issue writs out of the iurisdiction. I Move second reading-. On J"'lOtion. Bill read a second time, ordered referred to a Committee of the Whole House presently.,by leave. On motion 1 second reading of a Bill, ,-An Act Further To Amend The Evidence Act. (No. 58) l·ffi.

LEWIS; In this Bill, Mr~ Speaker, the effect of this Act is to make admissible evidence as between husband and wife under certain circumstances which was not permissible before, and also providing for certain relations to witnesses 1 called in certain circumstances involving adultery and so forth. On motion. Bill read a second time ordered referred to a Committee of the \,.Thole House presently by leave. 1-'R. LEWIS· Mr.

Speaker~ I move second reading of a Bill. 1 'An Act Tn Amend The Mechanic's Lien Act. 1CJ70. 11 (S7'\ On motion, Bill read a second time ordered referred to a Committee of the Whole House presently by leave. On motion, second reading of a Bill,

An Act To Repeal The Act 9Ed.VII Cap. 2 Entitled 'An Act To Incorporate The Newfoundland Board Of Trade And For Other Purposes.' (NO. 65) !f.9N ._ J .A.NOLAf'; ('1inister of Sunply and Services): r-rr. Speaker, this r.' 1 ~ 8 ~} J.

)fay 31, 917 l. Tape 799, Page 6 -- apb Morninr. Act will simply repeal the Act of 1909 which incorporated the Newfoundland Board of Trade together with

an Act of 1910 which amended the 1909 Act that I referred to. The Board has now voluntarily wound up,as I am sure many reernbers of the House are aware. The repealinp; Act would not be proclaimed until the winding up is completed. There have been some changes in the !'Iewfoundland Board of Trade, of course I as memhers will know, during this past year. I now move second reading of this Bill. On motion, Bill read a second time ordered referred to a Committee of the Whole House nresently by leave.

On motion~ second reading of a Bill, 'An Act To Authorize The Government To Enter Into An Agreement With Robin Hood t<ultifoods Limited (Formerly Robin Hood Flour !'ills Limited) Which Would Further Amend The A~reement Ratified, Confirmed And Adopted By And Set Forth In The

Schedule To The GovermTJent - Robin Hood Flour :Mills Limited 0,greement) Act, 1963, And To Make Certain Provisions Relating To That Agreement.' (NO. 62) !'R. ROBERTS: }-fr. Speaker. I move second reading of this Bill. It is a relatively simple piece of Leiislation ~rr~ SveaYer. The main effect of it is to ratify the amended a~reerr.ent which will lie found printed in the schedule. Of course, the agreement is the one under which the seed mill at Donovans was provided. It is a relatively standard formula.

Indeed, the formula has become so well known that it is called the"Rohin Hood Formula," Not because it is ta1dnp frof11 the rich and izivinv to the poor, that may be one of its effect~ but because :it is the Robin Hood Flour Gompany1Limited. The purpose of the amended indenture/as I am sure hon. members have noticed in the close reading of the whereases and the heretofores and seeinfs,is,as and so forth, is to allow,under certain conditions,Robin Hood to purchase the shares of the holdinp: company~ This in no way lessens the obligation of that comnany to the Government.

The Government are still fully protected throughout. ,_.-11n :.i .I. .l i1

"ay 31. 197L Tape 799. Page 7 -·· anb Nornin.r. On motion, Bill read a second t:hre ordered referred to a Committee of the Whole House presently,by leave. On ~otion, second readinf of a Bill,

An Act To Amend The Socinl Security Assessment Act~'• 'IlL ROBERTS· Mr. Sneaker, in the ahsence of my colleap:ue, the Hinister of t<fnrince, if I may oove second reading; Although the nmendments are fairly lenrthy 1 Sir. they really are not very conplicated in principle. We found certain difficulties in administratinp the Social Security Assessnent Act. The Act itself is now almost ten years old and it is a very complicated piece of lerislation. Some difficulties have come up. I think the draftsman has set them forth very well in the explanatory notf's to wh:lch I refer members of the House.

The purpose of these amendments Sir. is to enable us better to advlinistrate this Act. It does not incrense the tax. It does not decrease the tax, it merely gives us a little more effective way to collect ouite large sums of rroney from the people of the Province, to provide throu~h this neans help to fimmce the public services of this Province. On motion, Bill read a second time, ordered referred to ct Committee of the Whole Bouse presently.,hy leave. On motion. second reading of a Bill, 'An Act Further To Mend The Gasoline Tax Act, 1962.' (No. 61) !-'!'. ROBERTS, Mr.

Speaker, my colleapue,the "Vinister of Finance,has not returned. Since I recently moved second reading of another Bill for hi.m,' this Bill 1Your Honour, is one which I think will be welcome by all rneMhers of the House. because, amonr other thin~s,it enables us to ro back to the systew we had hefore one of our reforming ministers straightened it out; and that is to enable the fishermen to purchnse tax exempted gas. Certainly, Mr. Speaker, any member of the House whose constituents include fishermen and other people lawfully entitled to ;;120

May 31, 1971. Tape 799, Page 8 -- apb )..fornin~. buy purple gas or marked gas, any member who has any dealings with people in that position realizes the present system is very cunbersome. Ender the present system- n fisherman rmst huy his gas and pay the full rate. By volicy of the Coverm:1ent and by legislation and by authorization of this House 11/r. Speaker, fishermen are exempt from paying the tax on p!aS, and so it should be.

What the fisherman hns to do now 1 at the end of the season, is to send his receipts in to the Deoa.rtment of Finance. to the officials of my colleapue the lvfinister I and in due course they send him hack the sum which he has paid in tax. That is very cumbersome Yr. Speaker, and it does cause a lot of difficulties in administration. It me.ans that fishemen h;,_ve to wait for months. Mv friend,the rnenber from Bonavista South, who makes such a lifes work of snPakinrr for the fishermen in this House i has often run into it,I am sure~ I have run into it in my mm constituency.

I think any member with fishermen constituents runs into it. We now feeli Your Honour, that we i:.hould go back to the purple ras, and accordingly we now as? the Eouse for authority to do it. The other Provisions in the Act are {the a~ending Act) are very straightforward. I only draw the attention of the House to one in particular, and that is under clause (7) of this Bill, as it now st.-:mds. there will be an appeal procedure put in force for any person who feels aggrieved by any decision under the main Act - the Gasoline Tax Act.

Under that Act the minister has certain powers to levy tax, to assess and to resolve difficulties. We now ask the House to authorize us to provide an appeal procedure so that a taxpnyer who feels aggrieved may appeal arainst the minister 1 s decision and take it to a further body for a decision~ I now move second reading. On motion, Bill read a second time, ordered referred to a Committee of the Whole House presently, by leave. b121

Hay 31, 1971, Tape 799, Pape QJ - apb Mornin?,. On rmtion, second readinp of a Bill, ''Im Act Further To Anend The HorkT"en I s Comnensation Act, 1962.' (No. 52) Mr. Spea¥"er. the exnlanatory notes coverin,: this Rill presently before the Fouse. although a little on the lonp side pre.tty well explain the intent and the extent of the arnendnients pronosed for the WorkJ'H?n 1 s Comnensation Act, 1962. You will note :!-"!r. Speaker, that the anendments make provision for following out some of the reconmendations of the Royal ConT'ission on radiation conditions in the St. Lm,:rence ""'"ine.

Probably Sir, the nost sip:nificant measures of this Bill are those which raise the ceiling on benefits paid to victims of industrial accidents or their survivinr, dependents. The increase is to the comnlete. scale of such allowances so to bring them more into line with the cost of livinr and our social assistance prog:rarnmes. I move second readinv. of this Bill Mr. Speaker. On motion, Bill read a second tiITe ordered referred to a r:omrl'littee of the Whole House presently, by leave. On motion, second reading of A bill, :An Act Further To A.tnend The Judicature Act., (No. 68) llJL ROBFRTS · ------- f 1r.

Speaker, the Judicature Act, Bill no. {68), rny colleague the senior member for Harbour Hain who is,of course, the Acting 14inister of Justice. will Make the main speech,if indeed that is the right word to describe it. There are several important purposes in this Bill, but my colleague - I do not know if my colleague had a chance to become familiar with this Bill. If so, then I will move second reading and I will ask my colleaizue to speak and to outline exactly what the Bill is intended to do. Hr.

Speaker, the object of this Bill is to deal with the proper oualifications of jurors and to provide for the service on juries of women. The Act also deals with the property aualifications. ri122

Yay 31, 1°71. Tape 799, Page 11 -- apb In that re;, :ird. Apart from that, I do not think there is anything r.0re to be said ahout it. On motion, Bi,11 read a second ti.me. ordered referred to a Committef:' of the \"!hole House r,ce,,rnotlJ t'y leave~ On motion, second n,ac!irrn of n fill, ''An bet Further To J\mend The Department Df Fducation /md Youth Act. 1"168. · (c7o. 7n) EON~ .,. .H.T'OWE {1-.tinister of Education):- Mr~ Speaker, there arc two TT'ain amendrents in this particular Bill.

The House will recalJ that when Pe passed ler:islation here two years df!O creating a new Department of Education, that we create.d Denominational Fducationa} Committees outside the department. It was the duty of these Denominational Educational Committees, usually referred to as n~E.C' s1 for short, to handle those matters~ those aspects of education which come under the jurisdiction of the several churches.

This system has worked very well indeed, but there is one notable defect in the legislation~ That is, (it was not foreseen, I should say,at that time) that the Denominational Educational Committees, which we must rerr:ernber represent the churches. all the churches who have prior right to education~ that those conm:i ttees do not have the right to borrow money for educational purposes. Boards have that right and,of course, churches have thnt ri~ht. The Denominational Educational Cornmittees,which represent churches and which stand he tween the churches and the boards. do not have that ri~ht.

This is a serious omission, a serious defect.if for no other reason than that it is desirable that on occasion the D.E.C 1 s be able to consolidate the financing which has been done by the boards. As a matter of fact~ I believe that one of the reasons why the churches are so anxious to have the authority given in the Act. is that they night do that very thing. That the D.E.C's. certainly in some cases, will have the right to consolidate the financ:inr which has been done by respective boardt¼with a view to arranginr for chenper &123

~ay 31, 1971, Tape 799, Page lt -- apb PorninP:. rates of interest, and saving money in other ways ns well. The second nmendment in this Bill provides for alternate membership on the General Advisory Councils. The General Advisory Committee is that committee which has the ri?,ht to advise the Goverment on all matters pertaininp: to education. The bodies re~resented on the cor:unittee are the Government,through the Dennrtment of Education, the University the Newfoundland Teachers 1 Association, and all the recognized churches,throu~h their denoMinational education secretaries.

However, it has been found in practice that very freouently a person who is designated to represent, let us say, the Roman Catholic Church may be out of town or may be sick and,therefore,cannot attend the advisory cormnittee meeting. This would be a serious omission and as thin~s are at the present the church does not have the ripht to have an alternate person sit in and speak for the church nnd vote on any matters comin~ up for a vote.

We have removed that defect in respect of the Association of School Boards, when we rnade it possible for that association to have representation some weeks ago. the Fouse rnav remember that we appointed ~.{r. George Rowe of Corner Brook, who was the nominee of the School Tax Authorities 'lnd,as an alternate. 11r. "F'itzpatrick 1 who is connected with the Roman Cntholic Association of School Boards. Mr. Rowe is connected with the Integrated School Boards Association. This right does not exist in respect of, for example, the N.T.A. or the University.

So, this Bill gives the rip.ht to these bodies to have a second person sit in1 in the event that their representative is unable to attend for any reason. These are the only two. There may be one or two formalities we can discuss. There is,I may say at this point 1 a formal amendment suggested hy the Department of Justice, which I shall ask one of my colleagues to move in Committee. It is purely a formality and I do not need to refer to it at this time. &124

May 31. 1971, Tape 799, PAge !~ -- apb norning. I move second re~dinp of this Bill. On notion, Bill read a second time ordered referred to a Committee of the Whole House presently.by leave. On motion, second reading of a Bill, '.An Act To Empower The St. ~Tohn 1 s Municipal Council To Raise A Loan For !:-funicipal Purposes By The Issue Of Bonds~; (No. 72) HON. J.P.S}!ALLWOOD (Premier)_:_ :Mr. Speaker, I rise to move the second readinp of this Bill which has to be passed bv the House if the City of St. John 1 s are to he permitted to sell bonds to raise funds for their capital purposes.

They are not nemitted to borrow except with the permission of this House. This Bill is to r-ive therri that permission. They wish to have the right to borrow up to $6 ~illion v1hich they intend to spend on various capital works, capital inprovements within their boundaries. The sale of the $6 million v1ould not necessarily take place at the one time. They have the right,under this Bill,to spend parts of the $6 million from time to time,provided each time is nermitted by the Governor in Council, that is to say the Cabinet. There is a time liMit on the life of the bonds of forty years.

I do not think that they are goin? to be able to sell anv honds V7ith the life of forty years, but that is the maximum. It is r,-,ore likely to be ten years or twelve, or mayhe fifteen, but up to forty years they are permitted to borrow. It is required that ns they borrow the money by sellinr their bonds, they shall pay into a sinkinr fund,each year, the equivalent of two and a half per cent of the capital sum raised, otherwise, it is an ordinary and straightforward transaction4 The House has given this kind of permission before and I have no doubt that the House will wish to give it again now.

On motion~ Bill read a second time ordered referred to a Committee of the Whole House presently by leave.

~ay 31, 1971, Tape 799, Page !J -- apb Horninp. On motion~ second reading of a Bill, iAn Act To Provide For The Establishment Of A Cancer Treatment And Research Foundation.' (No. 69) ~ .• ROBEPTS :. Pr. Speaker, in Moving second read in~ of this Bill, let me say briefly, just to nake three points i The first is that cancer is a significant disease in Newfoundland. It is a significant cause of death and it is the cause of a r,rent deal of pnin and suffering to many of our people. The purpose of this Bill, Mr.

Speaker, is to enable the Governt1ent better to coordinate and to control our campaign against cancer, Better to enable us to attack this disease insofar as it can be attacked. As the House will see, we propose to do this through a research foundation which will be set up under the authority of the Governor in Council. The second point I would make,Yr. Speaker, is that the Government are doing a great deal now to help to fight cancer. Throughout our hospitals of course, people sufferin~ from cancer are beinr treated.

Similarly, people who go to see their doctor qualify for help under the '-!edical Care Insurance Act, under Pedicare. This Bill ... b126

May 31, 1971 Tape 800 (morning) PK - 1 MR. ROBERTS: will enable us to get better results for the money we are investing in this and I say that I hope to increase these amounts of money and to be able to devote~rnore effort to this in the years to come. The third point is this Bill has been drawn up in consultation with the private hotly, the Canadian Cancer Society, the Newfoundland and Labrador Branch. Their President, T believe for the time being,is Mr. George Warren, who is well knm-m, a prominent citizen fo the Province~ In public life he is the Deputy rTanister of Public Works. Mr.

Harren has held office in very many voluntary associations. ~~ny other notable Newfoundlanders have contributed to this work, Hr. Lewis H. M. Ayre; Mr. J. V. Angel of the Newfoundland Foundry, my friend and colleague, the ~unior member for Harbour Main. The learned and junior member, I believe, accepted the position of honourary solicitor to the society# The Bill has been drawn up in full collaboration with the society, Your Honour, with their full approbation, indeed. I think they are extremely eager to see it brought before the House and,hopefully,adopted. ! now move second reading. MR. MAHONEY: Hr.

Speaker, I rise to support this Bill. I think this will be a real step forward in the correlation of the work in cancer prevention and in research. The principle behind the Bill is exactly that. This has heen an aim and the primary objectives of the Newfoundland Branch of the Canadain Cancer Society over the past number of years. I give my full support to the Bill. MR. SPEAKER: Is the House ready for the question? On motion Bill, read a second time, ordered referred to a Committee of the Whole House presently by leave.

Motion, second reading of a Bill, 11An Act Further To Amend The Automobile Insurance Act, 1968. !" MR. FRECKER: Mr. Speaker, the amendment here recommended are based on recommendations of the ten Superintendents of Insurance, one for each Province, who meets periodically to revise various Insurance Acts,to ensure ~127

Hay 31, 1971 Tape 800 (morning) PK - 2 MR. FRECKER: that there as great a degree as possible of uniformity of Insurance Legislation throughout Canada~ As far as I am able to recall at the moment, the idea of the present proposed amendments are to tighten up somewhat when a person loses his licence for any cause. It means that his car is not to be used by any immediate members of his family.

It is a general tightening up of the provisions of the Act~ This is in accordance with what is being done in all the other provinces of Canada~ I move second reading~ On motion Bill, read a second time, ordered referred to a Committee of the Whole House presently, by leaves Motion, second reading of a Bill, ' 1

An Act To Provide For A Veterinary Licensing Board· For The Province And To Incorporate The Newfoundland And Labrador Veterinary Medical Association. '1 MR. CALLAHAN: Mr. Speaker, in rising to move second reading of this Bill, I wish to tell the House generally and briefly what the Bill involves. The purpose is to ensure that the practice of veterinary medicine in this Province is conducted by competent, well trained graduates of approved veterinary colleges.

The licensing of practioners in veterinary medicine will eliminate the untrained, self-styled practioner or I might almost say 1 qu~ck 11 who actually creates problems for owners of livestock rather than solving them.On the other hand, Mr. Speaker, there is no intention nor does the Bill in anyway provide for the elimination of the nonna~natural,historical practice of owners, of course, looking after their own livestock.

But, if owners of livestock or for that matter pets, kept animals,wish to have professional care for their animals then certainly they have, I believe, the right to know that the persons who are in the business of providing that professional care are in fact trained persons who know what they are doing. Because otherwise the difficulties that might arise would be very costly, for example, in the case of a farmer who might be the owner of a good dairy herd, he has a right to know that if drugs or antibiotics or whatever are prescribed or ±f certain procedures are L128

May 31 ,1971 Tape 800 (morning) PK - 3 MR. CALLAHAN: undertaken that in fact the persons responsible for such prescriptions or such procedures in fact know what they are doing.

The Act would incorporate the Newfoundland and Labrador Veterinary Medical Association as a Provincial body representing the profession in the Province, As adviser and arbitrator with regard to employment and working conditions for vetertna~ians, ~he Association will work to cultivate and advance the arts. science and practice of veterinary medicine and surgery, maintain~ I helieve. the honour and interest of the profession and generally speaking help this Province to improve veterinary services in light of the growth of commerical agriculture in virtually every area of the Province. Mr.

Speaker, I have great pleasure in moving second reading of this Bill. On motion Bill, read a second time, ordered referred to a Committee of fhe Whole House presently~by leave~ Motion, second reading of a Bill, "An Act Further To Amend The Crown Lands Act." MR. CALLA.HAN: Mr. Speaker in rising to move second reading of this Bill may I say that there has been a great deal of discussion across Canada and in this Province on the matter of non-resident ownership of properties.

The first point I wish to make is that this Bill has absolutely no reference to any land other than crown lands4 There is no intention and I believe there is no practical way of preventing o-wners of lands nor of homes nor properties of any kind in any part of Canada.fromJif they so desire selling them to other persons who might come from other places to buy them.

As has been pointed out from time to time, there are thousands of Newfound­ landers and perhaps hundreds of thousands of second generation Americans or Mainland Canadians who left Newfoundland to make their lives and their fortunes elsewhere, who have been accorded the right of citizen and of persons to acquire private property in other places. I think, if we did in this Province what some, I think unreasonably, very unreasonably recommended ti129

May 31, 1971 Tape 800 (morning) PK - 4 MR. CALLAHAN: and demanded,that we would be creating perhaps a world precedent, namely: to prevent persons who come to live in Newfoundland from buying property and owning property. So this has nothing to do with private property, it refers only to crown lands, Mr. Speaker, and does not eliminate_ but merely restricts to some degree the rights of non~residents in that the acquisition by non residents of crown lands must be approved by the Lieutenant Governor-in­ Council, if the House approves this Bill. So it is a restrictive Bill, Mr.

Speaker, it does not in anyway absolutely bar non~residents but it does create a more stringent condition in that,for example, it lays down a definition in the Crowns Land Act,for the first time,of non-resident persons or non-resident companies. The Amendment would come into force by proclamation 1 to permit notice to all concerned of the requirements of the Bill, if it does in fact receive the approbation of the House and become part of the statutes of the Province§ I have pleasure, Mr. Speaker, in moving second reading.

On motion Bill, read a second time, ordered referred to a Committee of the Whole House presently by leave~ Motion, second reading of a Bill, "An Act Further To Amend The Co-Operatives Societies AcL 11 MR. CALLAHAN: Mr. Speaker, this is a simple but important amendment of this Bill, of the Co-Operatives Societies Ac~ and as requested by the Co-Operative Movement of Newfoundland through the grandfather organization, Newfoundland Co-Operative Services.

The purpose of the amendment to the principal Act is to place certain restrictions on the withdrawal of funds from certain accounts and to make provision to restrict or the prohibition of the withdrawal of capital either within the rules themselves or within the constitution of individual societies. By way of further explanation; some co-operatives and particularly credit societies may get into difficulty by virtue, for example, of over drafts which put them in a difficult fl130

May 31, 1971 Tape 800 (morning) PK - 5 MR. CALLAHAN: financial position or societies which are required to have a certain level of share capital may find themselves in difficulties if for some reason or other. it may be an inconsequential reason really, there should be a sudden substantial withdrawal of share capital.

So the Co-Operative Movement wishes to be able to restrict either the withdrawal of share capital or the withdrawal of funds by chequeing accounts or otherwise if from time to time or that restriction or prohibition should become necessary in order to protect the financial position or the financial standings of individual co-operatives societies in the Province~ This,, as I have said, has been requested by the Co-Operative Movement. Mr. Speaker, I have pleasure in moving second reading of this amending Bill. On motion Bill, read a second time, ordered referred to a Committee of the Whole House presently by leave.

Motion, second reading of a Bill, "An Act Respecting The Attainment Of The Age Of Majority. 11 MR. E~ H. ROBERTS: Mr. Speaker, as the second youngest member of the House in terms of years, and I have no doubt my youthful colleague¾ the members for the second half of White Bay North, White Bay South I will also wish to say a few words; I have very much pleasure in moving this Bill.

It is a fairly long Bill, Your Honour, but it is a very simply stated principle~ This Bill would enable a citizen of New­ foundland or a citizen of Canada, resident of Newfoundland, to have all of his civil rights as of the time he reaches nineteen years of The rights are all spelled out in the language of the draftsman~ age~ As far as I know, Mr~ Speaker, they cover every clause that we could think of, with the exception of one or two matters that refer to matters under wills~ such things as perpetuities and accumulations, where I am sure my learned colleagues and the learned members of the House !.1131

May 31, 1971 Tape 800 (morning) PK - 6 MR. ROBERTS: will be greatly interested, I cannot think of anybody else in the world conceivably being interested in such things as Graves' Rules Against Perpetuity or Springrs Rules in Accumulations nor such exotic areas of the law. Mr. Speaker, I would say that one other word with respect to this, the House will note that the last clause of this Bill enables the Governor in Council to proclaim this Act or any

section thereof. I think I should state clearly that this was put in especially with reference to the Alcoholic Liquors Act. As the Bill stands, it would lower the age of drinking to the age of nineteen.

I think in principle nobody could object to that~ If a person is a citizen in all other sense; at the age of nineteen he may vote, he may hold property, he may make contracts, if he may go to war, as my colleague, the Minister of Public Works, points out, if a citizen attains his full legal status in all other sense at the age of nineteen, there would seem to be absolutely no reason, in principle, why ~e sould not be allowed the privilege of access, legally, to alcoholic beavezages.

There may, however, be some - it is a matter on which the public have a right to be heard and, accordingly, we have left it open to give us power not to proceed with that

section or to proceed as may be deemed the best in the public interest. I think the policy is clearly stated and the principle I believe is widely accepted. I know of no way that one can say that a person is entitled to vote at the age of nineteen and if any person should suggest to Your Honour that voting at nineteen is not a good idea, I might point out that this present House of Assembly was returned by citizens of the age of nineteen and the next House of Commons of Canada.

I believe in the by-elections which are underway today, I believe for the first time will have persons in them who are exercising their franchise at the age of eighteen. The next House of Cof!'l!nons will be elected by citizens of the age of eighteen and up. I think the principle is widly established across Canada. A bill similar to this has been adopted in Alberta; I am not sure if British Columbia, but in a number of other provinces the matter has received wide support. ~132

I May 31, 1971 Tape 800 (morning) Pk - 7 MR~ ROBERTS: We believe the time has come. We believe that a person of nineteen should have the age of majority and accordingly we have introduced this legislation. I now move second reading. On motion Bill, read a second time, ordered referred to a Committee of the Whole House presently,by leave~ Motion, second reading of a Bill, "An Act Further To Amend The British Newfoundland Exploration Limited (Petroleum And Natural Gas) Act, 1963." MR. CAHALLAN: Mr.

Speaker, this is a simple amendment,, 'Ibis has been said in another respect a little earlier on: This i.s the kind of Rill that the House has approved many times in the past and no doubt will many times in the future, and I hope will in this case½ The Bill simply provides an extension of time 1 for the provisions of the British Newfoundland Exploration Limited (Petroleum and Natural Gas Act of 1963) extending the time during which an agreement may be entered into until March 31, 1972, which would be March 31 next.

The period of exploration covered by any agreement shall not exceed ei~ht years from the date thereof~ It is a simple agreement. From time to time, Mr. Speaker, it becomes necessary,because of varying and various circumstances 1 to extend the time period in Mineral Exploration Agreements, but in principle the House a long time ago approved the principle Bill and the provisions thereof.

This is ;, simpl~ amendment asking the House to extend.for a slightly longer period of time,the time in which an agreement may be entered into by the company or the time during which the company has the right to enter into an agreement with the Government. I move second reading. On motion Bill, read a second time, ordered referred to a Committee of the Whole House presently by leave. Motion, second reading of! a Bill, 0

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. 11 Li133

May 31, 1971 Tape 800 (morning) PK - 8 MR. CALL.AP.AN: Mr. Speaker, as the case of the previous Rill, this is an amendment to a principal Bill, to extend the time period~ This Bill would extend for a further three years the terms of a development licence issued pursuant to thc·agreement confirmed by the principal Act. The procedure is that in the first place an agreement is made, a Mineral Exploration Agreementjfor u fixed period>usually four years, At the end of that four years, a development licence is issued the terms and conditions of which are a matter of further agreement.

In this case it is the matter of extending the life of the development licence issued in pursuant to the original agreement with Frobisher Limited and,. as I have said earlier, the House have done this many times before and no doubt it will many times in future see the wisdom of permitting further time periods in the interest of development, employment and whatever, by companies who spent large sums of money to get to that point& I have pleasure in moving second reading~ On motion Bill, read a second time, ordered referred to a Committee of the Whole House presently,by leave.

Motion, second reading of a Bill, iJAn Act Further To Amend The Local Government Act of 1966." MR. SPEAKER: Bill No. 82. MR. SMALLWOOD: Is Bill No. 81 done? MR. ROBERTS: No. This is Bill No. 82. MR. SMALLWOOD: Well, Mr. Speaker, there are four Bills, 80,81 1 82, 83 and they all deal with the Cfcty of St. John's and - 'MR. ROBERTS: No, the Local Government Act. MR. SMALLWOOD: The Local Government Act, right, that is 81 and 82. MR. ROBERTS: Mr~ Speaker, we could go on perhaps with the Local Government Act and the Local Government Elections Act and then the City of St. John's Act.

Perhaps I could \have a word with my collea~ue, I think there is a technical difficulty, especially, as Bill No. 83 has not been distributed to the House, as of this moment. L134

May 31, 1971 Tape 800 (morning) PK~ 9 MR, SMALLWOOD: There is one Bill which should not be passed,that is Bill No. 81. "A:m Act Further To A.11end The Local Government Elections Act, 1965. ;i This ouµht not to be passed,in our if the amendments to the Local Government Act respectinf such elections is not assented to. So they go hand in hand those ttm. Which ones are ve prepared to move now? HR. ROBERTS: Mr. Speaker, if we will do Bill 81, 82 and Bill 80. MR. SMALLWOOD: Come back to Hill 80. MR. ROBERTS• Yes, let us do Bill 82. HR. SMALLWOOD: I so move it, Mr. Speaker. MR. SPEAKER: The ?'fotion is th~n Bill No. 82·, second reading of a Bill, ~

An Act Further To Amend The Local Govern..11ent Act, 1966, 11 now read a second time. Is the House ready for the Question? On Motion Bill, read a second time. ordered referred to a Committee of the Whole House presently,by leave. Motion, second reading of a Bill 1 1 'An Further To Amend The Local Government Elections Act, 1965~~ On motion Bill read a second time, ordered referred to a Committee of the Whole House presently by leave. Motion, second reading of a Bill~ ''An Act Further To ;\,mend The City Of St~ John's Act 11 • MR.

S!-f-ALLWOOD: ML Speaker, in rnoving the second reading of this Bill I can say quite briefly that its purposes are plain"and straightforward. The regulatory powers of the City Council would be enlarged to include the compulsory removal of snow and ice from parking lots. Clause{4) of the Bill would re-enact

Section 232 of the princip&L Act to clarify its content. Clauses (5), (6) and (7) contain amend.~ents consequently arising out of the increase in the size of the Council 1 The membership of the Council has been increased and that necessitates certain changes which this Bill would make. Then there is a clause which would make it clear that the City is not responsible for the Act of private developers, sub-dividers and builders. Finally, in Clause (9) a provision is made for the regulation ;,135

May 31 , 1971 Tape 800 (morning) PK - 10 !1R. SMALLWOOD: of trailers. I move second readinp,. On motion a Bill, read a second time, ordered referred to a Committee of the Whole JSe presently,by leave. Motion a Bill, nAn Act Further To Amend The Trade Union Act, 1960." MR. ROBERTS: Hr. Speaker, I wonder tf perhaps that order could stand, that Act is to be read in conjunction with Bill No. 84. We~intended to call them a little later this day, I understand,for second reading. MR. SPEAKER: Agreed. MR. ROBERTS: Mr.

Speaker that leaves on the Order Paper only Bills No. 66,83,84 and 85 together with two Bills that were given first reading this morning. I wonder, therefore, if perhaps in the few minutes before our normal lunch break we could begin some work at committee stage, Committee of the Whole on some of the Bills that received second reading either this morning or earlier~ MR. SPEAKER· If it is the wish of the House that we ~o into Committee of the Whole on Bills which have passed second reading. Ag-reed. Chairman of Committees; cm~1ITTEE OF THE lnlOLE ON SUPPLY :.,136

May 31, 1971 On motion, a Hill, '\\n Act To Act, 1962," passed without amendment. Tape no. 801 Page l - HRW The Judgment Debts Installment A Bill, "An Act To Provide For The Management And Operation Of Hospitals In the Province. 11 On motion Clause l to Clause 17, carried. HR. ROBERTS: Clause 18 (g), the printer has printed "or\! and it should be "0£ 11 • ;"1R.. CHAIR!-1AN: Clause 18 (g), "ofH should be substituted for '!or 11 • On motion Clause 18 as amended, carried. On motion Clause 19 to Clause 35, carried. HR. ROBERTS: Mr.

Chairman, with respect to Clause 36, my colleague the Minister of Provincial Affairs moves, seconded by my colleague the Minister of Labour that Clause 36 0) be deleted and be replaced as follows by words; 11Every record regarding a patient, that is prepared in a hospital by a member of the staff of that hospital or by a person employed in the hospital authority exercising jurisdiction over that hospital is the property of that hospital authority. 11 As a consequence there is an amendment to the side note. I believe the Clerk has a typewritten copy of that.

On motion Clause 36 as amended carried~ On motion Clause 37 to Clause 42 carried~ Motion that the committee report having passed Bill No. 55 with amendments, carried. A Bill, 11

An Act Further To Amend The Securities Act. 11 Motion that the committee report having passed the Bill without amendment , carried. A Bill. 11

An Act Further To Amend The District Courts Act." Motion that the committee report having passed the Bill without amendment, carried. A Bill, "An Act Further To Amend The Evidence Act. 11 Motion that the committee report having passed the Bill without amendment, carried. L137

Hay 31, 1971 Tape no. 801 Page 2 A Bill, 0

An Act To Amend The Mechanics 1 Lien Act, 1970. 11 Motion that the committee report having passed Bill No. 57 without amendment, carried. A Bill, "An Act To Repeal The Act 9 Ed. VII Cap. 2 Entitled 11

An Act To Incorporate The Newfoundland Board of Trade, And For Other Purposes. 11 Motion that the committee report having passed the Bill without amendment, carried. 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 Government - Robin Hood Flour Mills Limited (Agreement) Act, 1963 And To Make Certain Provisions Relating To That Agreement. u Motion that the committee report having passed the Bill witihout amendment, carried. On motion that the committee rise report progress and ask leave to sit again, Mr. Speaker returned to the Chair. MR. Cl!AIR!!AN (HODDER) : Mr. Speaker, the Committee of the Whole have considered the matters to them referred and made some progress and ask leave to sit again, presently. On motion report received and adopted. HR. SPEAKER: I nO""w call it 1:00 P.M. and I do leave the Chair until 3:00 P.H. ;,138

May 31st, 1971 Tape 802(Afternoon) The House resumed at 3:00 P.M. Mr. Speaker in the Chair. MR. SMALLWOOD: Mr. Speaker, I would like to have the permission of the House to make a brief announcement to the effect that I hope tomorrow to introduce the Legislation giving collective bargaining to fishermen. The Bill has been drafted, we have given it first reading here in the House and I hope tomorrow to give it second reading and in so doing to explain the Legislation and throw it open for the discussion of the House tomorrow.

The reason I give the notice now is in the hope that the tvo unions will wish to be present to hear the debate. MR. ROBERTS: Mr. Speaker, I have a message from His Honour the Lieutenant Governor. MR. SPEAKER: "To the hon. the Minister of Finance: - I the Lieutenant Governor of the Province of Newfoundland transmit estimates of sums required for the public services of the Province for the year ending the 31st day of March, 1972 by way of further supply and in accordance with the provisions of the British North America'Act of 1867 as amended I recommend these estimates to the House of Assembly. S/S E.J.

Harnum, Lieutenant Governor. 11 MR. ROBERTS: Mr. Speaker, I move that the matters referred to in the letter from His Honour the Lieutenant Governor be referred to the Committee of Supply for their consideration. COMMITTEE OF THE WHOLE: MR. ROBERTS: Mr. Chairman, I believe the law clerk 1 on Your Honour's left,has the necessary Resolution~ The business of the Committee is to consider the matter that has been referred , that is to consider a further letter from His Honour the Lieutenant Governor which embodies in it the amended totals to the estimates as they were adopted earlier by this Committee on Supply.

I believe the law clerk has a Resolution t139 JM - l

May 31st, 1971 Tape 802{Afternoon) MR. ROBERTS: for Your Honour. MR. CHAIRMAN; The amend1nents were actu:a1cy passed in Committee. It is the Committee 1 s pleasure that we pass the totals of this Resolution. MR. ROBERTS: I so rr~ve, Mr~ Chairman. On motion, total of $359,644,200, carried~ On motion of Mr. Roberts that the Com,~ittee rise, report having dealt with the matters to them referred and ask leave to sit again, Mr. Speaker returned to the Chair~ MR4 HODDER: Mr.

Speaker, the Committee of Supply have considered the matters to them referred and have passed the amended estimates of Supply totalling $359,644,200 in addition to the initial sum of $99,780,000 authorized for like purposes by the Supply Act No. 1 of 1971 and ask leave to sit again. On motion, report received and adopted. On motion, ordered to sit again presently, by leave. MR. ROBERTS: Mr.

Speaker, I would move that the report of the Committee on Supply with respect to the estimates for 1971-72,for the financial year ending March 31, 1972 together with a Resolution and a Bill attached thereto be referred to the Committee on Ways and Means. The Resolution, I believe, Your Honour, has been distributed to all me~bers of the House as has the Bill& COMMITTEE OF WAYS AND MEANS : MR.

ROBERTS: Mr~ Chairman, the matter referred to the Committee is a Resolution that it is expedient to introduce a measure to provide for the granting to Her Majesty for defraying certain expenses of the public service for the financial year endirtg March 31, 1972 the sum of $359,644,200 in addition to the initial sum of $99,780,000 authorized for like purposes by the Supply Act No. l of 1971. As my colleague, the Minister of Finance,is not in the House today, Sir, :;140 JM - 2

May 31st, 1971 Tape 802(Afternoon) MR. ROBERTS: in his absence may I move this Resolution?

On motion, Heading 1 - Consolidated Fund Services $105,000; Heading 11 - Legislative $291,800: Reading 111 - Executive Council $343,600: Heading lV - Finance $2,290,900; Heading V - Provincial Affairs $817,100; Heading Vl - Education and Youth $85,513,000: Heading Vll - Justice $6,710,200; Heading Vlll - Mines, Agriculture and Resources $11,134,300: Heading lX - Public Works $18,727,300: Heading X - Health $55,107,000: Heading Xl - Social Services and Rehabilitation $39,628,400; Heading Xll - Newfoundland Liquor Commission $1,248,100; Heading Xlll - Municipal Affairs and Housing $17,639,400; Heading XlV - Fisheries $7,765,900; Heading XV - Economic Development $23,631,300; Heading XVl - Labour $683,900; Heading XVll - Highways $42,543,800: Heading XVlll - Supply and Services $2,133,900: Heading XlX - Labrador Affairs $334,100; Heading XX - Community and Social Development $42,995,200: carried.

On motion, total $359,644,200,carried. On motion, Clauses land 2,carried. On motion,

Schedule carried~ On ~~tion, Resolution carried. On motion, that the Committee rise and report having passed the Resolution and recommend that a Bill be brou~ht in to give effect to same, Mr. Speaker returned to the Chair. MR. HODDER: Mr~ Speaker, the Committee of Supply have passed certain Resolutions and recommend that a Bill be introduced giving effect to the same and ask leave to sit again On motion, report received and adopted.

On motion, Resolution read a first end second timea On motion, 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 Thirty-First Day Of ~.arch One Thousand ~141 JM- 3

May 31st, 1971 Tape 802(Afternoon) Nine Hundred And Seventy-Two And For Other Purposes Relating To The Public Service," read a first time,ordered nbw read a second time: On motion, Bill read a second time, ordered now read a third time~ On motion, Bill read a third time, ordered passed and title be as on the Order Paper. On motion, Committee ordered to sit again presently, by leave. MR. ROBERTS: Mr.

Speaker~ the Government now proposes to ask that the House resolve itself again into Committee of the Whole to deal with Committee stage of the Bill which stands as Order 16 on the printed Order Paper and thereafter in order;as we dealt with them at second reading. In so announcing,may I announce that it is the Government's intention to move the adjournment of the House at 6:00 P.M~ this evening until 10:00 A.M. tomorrow?

I think we have done a great deal of work today and the feeling of the Government is that we can take this evening off and come back to work tomorrow morning and carry on with the business as it is on the Order Paper. COMMITTEE OF THE WHOLE: Bill No. 64, 11

An Act Further To Amend The Social Security Assessment Act. u Motion that the Committee report having passed the Bill without amendments, carried* Bill No. 61, 11

An Act Further To Amend The Gasoline Tax Act, 1962. 11 Motion that the Committee reports having passed the Bill without a~endments, carried~ MR. ROBERTS: Mr. Chairman, the Act Further To Am.end The Workman's Compensation Act, Bill No. 52. Bill No. 52, "An Act Further To Amend The Workman's Compensation Act. 11 [;142 JM - 4

May 31st. 1971 Tape 802(Afternoon) ¥~tion that the Committee reports having passed the Bill without amendments, carried. JM - 5 MR. ROBERTS: Mr. Chairman, the next order is the Act Further To Amend the Judicature Act. The Committee have had distributed to them a reprinted version of this. It is Bill No~ 68 as reprinted and perhaps the Committee could consider this. I do not think that the principles as approved by second reading were in any way changed by these amendments. Bill No. 68(Reprint), !!An Act Further To Amend The Judicature Act." On motion, Clauses 1 and 2 carried.

Clause 3, amendment, page 4 the fourth line from the top instead of 11 retired" it should be11 retried 11 and instead of "hearing" it should be "reheard 11 , on motion carried: On motion Clause 3, as amended, carried: On motion, Clauses 4 - 15, carried. MR. SMALLWOOD: Mr. Chairman, I wish to move an amendment to Clause 16 or rather to insert a new Clause 16 to go in between Clause 15 and Clause 16 where upon Clause 16 would become Clause 17. The new Clause 16 would read as follows: "The said Act is further 5143

May 31, 1971 Hr. Smallwood. Page 803 Pagel - URW amended by inserting after

Section 277 as new

Section 277 A the following: "The rule coc-snitte.e referred to in

Section 277 shall for the purposes of that

section meet at least twice a year at the call of the Chief Justice and shall neet at any other time and from time to time upon the request of any number of the rule comrnitteee made in writing to the Chief Justice. 11 This, I think, will be a strong improvement to the Act and will almost inevitably result in the calling of more than one meeting of the rule committee each year. On motion Clause 16 (inserted), carried. On motion Clause 17 (renumbered) carried. Motion that the conunittee report having passed Bill No. 68 with some amendments, carried.

A Bill~ !!An Act Further To Amend The Department Gf Education And Youth Act, 1968, 11 On motion Clausel carried~ HR. ROBERTS: Mr. Chairmant if I might - Clause 2. I believe the Law Clerk has a copy of it. It is to insert as subsection (3) of what will become

Section 17 A and to insert the following words, "that

Section 20 of the

Interpretation Act,

Chapter l, of the Revised Statutes of Newfoundland, 1952, is deemed to apply to an Education Committee established under this Act. 0 As Your Honour is aware,

Section 20 of the

Interpretation Act vests certain powers in a corporation. the power to sue and be sued, the power to hold property and so forth. It is felt that it is necessary that the Educational Committee for those purposes and in that sense be deemed a corporation. On motion Clause 2 as amended, carried. Motion that the committee report having passed the Bill with some amendments, carried. A Bill, 11

An Act To Empower The St. John's Municipal Council To Raise A Loan For Municipal Purposes By The Issue Of Bonds. 11 Motion that the committee report having passed the Bill without amendment, carried. L144

May 31,1971 Tape no. 803 Page Z A Bill, 11

An Act To Provide For The Establishment Of The Cancer Treatment And Research Foundation. 11 Motion that the committee report having passed the Bill without amendment, carried. A Bill, HAn Act Further To Amend The Automobile Insurance Act, 1968." Hotion that the committee report having passed the Bill without amendment, carried. A Bill, "An Act To Provide For A Veterinary Board For The Province And To Incorporate The Newfoundland And Labrador Veterinary Medical Association. 0 On motion Clause 1 to Clause 42 carried. HR. ROBERTS: Mr. Chairman, subsection 2. of

Section 43, it should read: "The Secretary-Treasurer may be re-elected from time to time, 11 instead of as it now reads, 1111ie Secretary-Treasurer may be elected from time to time. 11 On behalf of my collear,ue I move: that. On motion Clause 43 as amended, carried. On motion Clause 44 to Clause 45 carried. HR. ROBERTS: Hr. Cl1airman, there are two schedules. With respect to

Schedule B, I guess this is probably an ameni!ment. It should be: Be it known that by the power vested in us is hereby entitled to practice Veterinary Science and so forth. The word 11 that 11 to be added please. On motion

Schedule Bas amended, carried. Hbtion that the com.-nittee report having passed the Bill with some amendments, carried, A Bill, "An Act Further To Amend The Crown Lands Act. u Motion that the committee report having passed the Bill without amendment, carried. A Bill, 11

An Act Further To Amend The Co-operative Socities Act.u Motion that the committee report having passed the Bill without amendment, carrieU. !i145

Hay 31, 1971 Tape no. 803 Page 3 A Bill, 11

An Act Respecting The Attainment Of The Age Of Majority. 11 }lotion that the com..-nittec. report having passed the Bill without amendment, carried. A Bill, "An Act Further To Amend The British Nevfoundland Exploration Lirr.ited (Petroleum And :fatural Gas) Act, 1963. n Motion that the corrm1ittee report having passed the llill without amendment, carried. A Bill, 11

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 Hake Certain Provisions Relating to That Agreement.ll Motion that the committee report having passed the Bill without amendment, carried. A Bill, "An Act Further To Amend The Local Government Act~ 1966. 11 Motion that the committee report having passed the Dill without amendment, carried. A Bill, uAn Act Further To Amend The Local Government {Elections) Act. 1965. 11 Motion that the committee report having passed the Ilill without· amendment, carried. A Bill, tiAn Act Further To Amend The City Of St.

John's Act, 11 Motion that the Committee report having passed the Bill without amendment, carried. HR. ROBERTS: Hr. Chairman, to give the Clerks at the Table a couple of minutes to have a report ready, perhaps we could move that the committee adjourn for five minutes, if that is in order? On motion that the committee rise, report progress and ask leave to sit again, Mr. Speaker returned to the Chair. ;;146

May 31, 1971 Tape 804 (afternoon) PK - l MR. HODDER: Mr. Speaker i the Committee of the ¼Thole have considered the matters to them referred and have passed Bills No. 55,62,68,70,73 and 75 with some amendments, and asks leave to sit again. On motion report received and adopted. On motion A~endments read a first tiRe and second time, Bills ordered read a third time now. by leave~ On motion. Bill No.55, "An Act To Provide For The :Management And Operations of Hospitals in The Province, Ji read a third time, ordered passed and title be as on the Order Paper. On motion Bill No.62, 11

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 Government - Robin Hood Flour Mills Limited (Agreement) Act, 1963, And To Make Certain Provisions Relating To That Agreernent, 11 read a third time, ordered passed and title be as on the Order Paper. On motion Bill No. 68, nAn Act Further To Amend The Judicature Act," read a third time, ordered passed and title be as on the Order Paper. On motion Bill No. 70, "An Act Further To Amend The Department Of Education And Youth