JOURNALS OF THE LEGISLATIVE ASSEMBLY OF THE PROVINCE OF NEW BRUNSWICK From the 23 day of November to the 21 day of December, 2011rd st From the 27 day of March to the 13 day of April, 2012th th From the 24 day of April to the 18 day of May, 2012th th From the 29 day of May to the 13 day of June, 2012th th The 27 day of November, 2012th Being the Second Session of the Fifty-Seventh Legislative Assembly Fredericton, N.B. 2011-2012

The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences — Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984.

MEMBERS OF THE LEGISLATIVE ASSEMBLY Second Session of the Fifty-Seventh Legislative Assembly Speaker: the Honourable Dale Graham Constituency Member Residence Albert Wayne Steeves Lower Coverdale Bathurst Brian Kenny Bathurst Campbellton-Restigouche Centre Greg Davis Campbellton Caraquet Hédard Albert Saint-Simon Carleton Hon. Dale Graham Centreville Centre-Péninsule–Saint-Sauveur Denis Landry Trudel Charlotte-Campobello Curtis Malloch Wilsons Beach Charlotte-The Isles Rick Doucet St.

George Dalhousie-Restigouche East Donald Arseneault Black Point Dieppe Centre-Lewisville Roger Melanson Dieppe Edmundston–Saint-Basile Hon. Madeleine Dubé Edmundston Fredericton-Fort Nashwaak Pam Lynch Fredericton Fredericton-Lincoln Hon. Craig Leonard Fredericton Fredericton-Nashwaaksis Troy Lifford Fredericton Fredericton-Silverwood Brian Macdonald Fredericton Fundy-River Valley Dr. Jim Parrott Kars Grand Falls–Drummond–Saint-André Danny Soucy Grand Falls Grand Lake-Gagetown Ross Wetmore Gagetown Hampton-Kings Bev Harrison Hampton Kent Shawn Graham Mundleville Kent South Hon.

Claude Williams Saint-Antoine Kings East Hon. Bruce Northrup Wards Creek Lamèque-Shippagan-Miscou Hon. Paul Robichaud Pointe-Brûlé Madawaska-les-Lacs Yvon Bonenfant Lac Baker Memramcook-Lakeville-Dieppe Bernard LeBlanc Memramcook Miramichi Bay-Neguac Serge Robichaud Miramichi Miramichi Centre Hon. Robert Trevors Miramichi Miramichi-Bay du Vin Bill Fraser Miramichi Moncton Crescent John Betts Moncton Moncton East Chris Collins Moncton Moncton North Hon. Marie-Claude Blais, Q.C. Moncton Moncton West Hon.

Sue Stultz Riverview Nepisiguit Ryan Riordon Pokeshaw New Maryland-Sunbury West Jack Carr Waasis Nigadoo-Chaleur Roland Haché Petit Rocher Oromocto Hon. Jody Carr Burton Petitcodiac Sherry Wilson Salisbury Quispamsis Hon. Blaine Higgs Quispamsis Restigouche-la-Vallée Hon. Martine Coulombe Saint-Quentin Riverview Hon. Bruce Fitch Riverview Rogersville-Kouchibouguac Bertrand LeBlanc Rogersville Rothesay Hugh Flemming, Q.C.* Rothesay Saint John East Glen Tait Saint John Saint John Harbour Carl Killen Saint John Saint John Lancaster Dorothy Shephard Saint John Saint John Portland Hon.

Trevor Holder Saint John Saint John-Fundy Glen Savoie Garnett Settlement Shediac–Cap-Pelé Victor Boudreau Shediac Southwest Miramichi Jake Stewart Blackville Tantramar Hon. Mike Olscamp Sackville Tracadie-Sheila Dr. Claude Landry Tracadie-Sheila Victoria-Tobique Wes McClean Perth-Andover Woodstock Hon. David Alward Riceville York Carl Urquhart Upper Kingsclear York North Kirk MacDonald Stanley OFFICERS OF THE ASSEMBLY Loredana Catalli Sonier, Q.C., Clerk Donald Forestell, Clerk Assistant Daniel Bussières, Sergeant-at-Arms Shayne Davies, Clerk Assistant * By-election June 25, 2012, vice Hon.

Margaret-Ann Blaney resigned May 25, 2012.

JOURNALS OF THE LEGISLATIVE ASSEMBLY OF THE PROVINCE OF NEW BRUNSWICK SECOND SESSION OF THE FIFTY-SEVENTH LEGISLATIVE ASSEMBLY, 2011-2012 THE HONOURABLE GRAYDON NICHOLAS, LIEUTENANT-GOVERNOR Fredericton, N.B. Wednesday, November 23, 2011 PROCLAMATION

WHEREAS I have proclaimed that the first session of the fifty- seventh Legislative Assembly of this Province be prorogued on the twenty-third day of November, 2011 at 11:00 in the forenoon; AND

WHEREAS I have thought fit to call the second session of the fifty-seventh Legislative Assembly of this Province into session, I hereby issue a Proclamation that the same be called to meet on the twenty-third day of November, 2011 at 2:00 in the afternoon. Given under my hand and the Great Seal of the Province at Fredericton this 11th day of October, in the year of our Lord Two Thousand and Eleven, and in the sixtieth year of Her Majesty’s Reign. BY COMMAND OF THE LIEUTENANT-GOVERNOR Marie-Claude Blais, Q.C. Graydon Nicholas. Attorney General Lieutenant-Governor.

2 60-61 Elizabeth II, 2011-2012 November 23 This being the day appointed for the opening of the Second Session of the Fifty-seventh Legislative Assembly of the Province of New Brunswick for the dispatch of business pursuant to the proclamation hereinbefore annexed, and the Members being present: His Honour the Lieutenant-Governor was announced and having been bidden to enter, took his seat in the chair upon the Throne and was pleased to open the session with the following speech from the Throne: Mr. Speaker, honourable members of the Legislative Assembly, invited guests and fellow New Brunswickers.

Welcome to the opening of the Second Session of the 57th Legislative Assembly of New Brunswick. The autumn is a time of change, as we say goodbye to the warmth of summer and prepare for the snow and splendour that is a New Brunswick winter. This throne speech marks the beginning of the legislative year and the continuation of your government’s work to support a stronger economy and enhanced quality of life while living within our means.

As we begin this session, we congratulate former MLA and leader of the opposition Bernard Valcourt on his election as Member of Parliament for Madawaska-Restigouche and former MLAs and cabinet ministers Keith Ashfield and Rodney Weston on their re-election as the MPs for Fredericton and Saint John. We also congratulate Mr. Valcourt and Mr. Ashfield on being named to the federal cabinet. Celebrations Last month, 10 more distinguished New Brunswickers were inducted into the Order of New Brunswick. The inductees recognized this year are: Lord Beaverbrook, Marjorie Cockburn, Patrick Darrah, Robert Frenette, S.

Paul Handa, Jacques LaForge, Gilmond Larocque, Léo-Paul Pinet, Jessica Ryan, and Donald Savoie. Six accomplished New Brunswickers were invested into the Order of Canada. Former lieutenant-governor Herménégilde Chiasson was made an officer of the order and Marc Chouinard, John McLaughlin, Shirley Bear, Larry Nelson, and former senator Erminie Cohen were made members. A number of soldiers from New Brunswick received decorations for valour and meritorious service from Governor General David Johnston over the past year. Pvt.

Tony Rodney Vance Harris received the Medal of Military Valour and Chief Warrant Officer Ernest Gérard Joseph

November 23 Journal of Assembly 3 Poitras and Maj. Russell Neal Washburn received the Meritorious Service Medal. In addition, Brig. Gen. James Baxter Simms was made an Officer of the Order of Military Merit and Captains Paul Henry Hartinger, John Douglas Hill and William English Moore; Chief Warrant Officers Jean- Paul Savoie, Anthony Slack and Gary Bradley Biggar; Master Warrant Officers Donald Tupper and Robert Paul Bartlett; Warrant Officer Patrick Love; and Sgt. Thomas William Hale were made Members. We welcome Col. Paul Rutherford as the new commander of 3 Area Support Group Base Gagetown and Col.

Dave Corbould as the new commander of the Combat Training Centre. Three New Brunswick peace officers were inducted into the Order of Merit of the Police Forces in 2011: Staff Sgt. Jean-Marc Collin, Moncton RCMP; Chief Stephen McIntyre, Rothesay Regional Police Force; and Staff Sgt. Stephen Patterson, Saint John Police Force. As well, five New Brunswickers were honoured by the Governor General with the medal of bravery for their courage and heroism this year: Steve Degrace of Beresford; Monique Gagnon of Petit Rocher; André Maillet and Robert Maillet of St.

Thomas de Kent; and Krista Dorothy Girvan of Edmonton and Riverview. Nancy Hartling of Riverview, a passionate advocate for women, focussing on domestic violence and poverty, also received the Governor General’s Award in commemoration of the Persons Case. Congratulations to the New Brunswick athletes and para-athletes that competed for Team Canada at major international events in 2011: Jay Johnson of Saint John – Baseball; Eric Feunekes and Shawn Daye-Finely of Fredericton – Wresting; and Jacob Kilpatrick of Saint John – Indoor Volleyball competed at the 2011 Pan American Games last month.

At this month’s 2011 Parapan American Games, Shane Dobson of Campbellton competed in Athletics and Dave Durepos of Charters Settlement in Wheelchair Basketball. Mr. Durepos also had the honour of being flag bearer for Team Canada at the games’ opening ceremony. As well, Jeff Sinclair of Charters Settlement and Chauncey O’Toole of Belleisle competed for Canada at the 2011 Rugby World Cup in New Zealand. Team New Brunswick won 16 medals, including two gold, five silver and nine bronze, at the 2011 Canada Winter Games in Halifax.

We congratulate all our young athletes who represented our province at this national event.

4 60-61 Elizabeth II, 2011-2012 November 23 New Brunswick was proud to host the Assembly of First Nations Annual General Meeting in Moncton this past July. Over 600 First Nations communities from across Canada were represented with over 2,000 participants taking part. We honour Herzl Kashetsky of Saint John, who received the 2011 Strathbutler Award for excellence in the visual arts and Herménégilde Chiasson, who received the Canada Council for the Arts Molson Prize in the arts, the first Acadian to receive this prestigious honour.

As well, I recently had the pleasure of presenting the Lieutenant- Governor’s Awards to France Daigle of Moncton for High Achievement in French Language Literary Arts; Yvon Tilmon Gallant of Moncton for High Achievement in the Visual Arts and Patrick Clark of Fredericton for High Achievement in the Performing Arts (theatre). Finally, we congratulate the New Brunswick Youth Orchestra on its history-making first place performance in the Summa Cum Laude International Youth Music Festival in Vienna this past July.

Their incredible achievement is all the greater because it marks the first time a Canadian orchestra has risen above all competition at this prestigious festival. Each of these 68 young musicians can be proud of their accomplishment, their musical ability and their representation of our province and our country on the world stage. Over the past few years, the Bay of Fundy has been part of a global campaign to recognize it as one of the top Wonders of Nature. We thank all those who voted and congratulate all those who worked hard to promote the Bay of Fundy.

Condolences We pause to remember Lawrence Garvie, former speaker, cabinet minister and MLA for Fredericton; Azor LeBlanc, who served the people of Shediac in this Chamber for many years; and former MLA, lifelong community leader and mayor of Saint John Eric Teed. We also take a moment to remember federal Leader of the Opposition and Leader of the New Democratic Party Jack Layton, who passed away this summer, as well as retired chief justice of New Brunswick and former provincial conflict of interest commissioner Stuart Stratton. New Brunswick lost a number of community and business leaders this year.

Wallace McCain passed away in May and Richard Oland in July. Long-time St. Martins mayor Jim Huttges passed away in August. Moncton’s well-known and regarded general manager of economic development, culture and tourism, Ian Fowler and former world junior curling champion Jim Sullivan, passed away earlier this month. These

November 23 Journal of Assembly 5 leaders made significant contributions to their communities and to our province and we honour their legacy and their accomplishments. A New Foundation The last few years have seen significant and difficult changes which have impacted the people of New Brunswick. It is no longer business as usual. Our economy is adjusting to international forces, our population is shifting, and our expectations are increasing with new standards and technology. As a province, we are learning to live within this new reality which can sometimes bring disappointments as well as opportunity.

Over the next twelve months, your government will continue to lay a new foundation for New Brunswick. This will be achieved with an economic development strategy that will move our workers from “hope wanted” to “help wanted” with investments in job opportunities. Families will be supported with renewed programs and services which will provide new tools to help us overcome poverty together, increase access to primary health care and provide quality education for the next generation.

And, finally, this new foundation will be supported by a government that is innovative, equitable and sustainable, following the largest public-sector engagement exercise in the history of New Brunswick. Investing in Jobs While supporting families and getting government’s house in order are critical to building this new foundation, they will not in themselves ensure economic growth. Ultimately, New Brunswick needs a robust economy to create the quality jobs, employment income and revenues required to deliver public services.

It needs a pro-active, made-in-New Brunswick economic strategy that will invest in high-growth opportunities and ensure our labour force has the skills to match industry’s needs so we can have more people working. The Department of Business New Brunswick will identify opportunities for growth and develop focused strategies for investment in sectors. These strategies will complement existing strategies in traditional sectors of the economy as well as charting a course for developing emerging, knowledge-based opportunities.

This is not to suggest that projects in other sectors will be excluded from consideration, but rather, the focus will be on the potential for growth. This potential will be measured in terms of above-average paying job opportunities, higher-than-average investment in research and development, higher-than-average productivity, and higher-than- average value-added export potential.

6 60-61 Elizabeth II, 2011-2012 November 23 Innovation will be an important part of rebuilding New Brunswick’s economy. As more of our companies compete globally, we need to foster innovation and create more opportunities to grow the economy. That is why your government has created a working group on innovation, including academic and private sector leaders, to bring forward recommendations on improving our efforts on innovation, research and development.

Some activities, such as the establishment of an Atlantic Venture Capital Fund to improve access to capital for emerging, high-growth knowledge industries, are well underway. Other action items will be implemented once details are finalized over the coming months and the provincial economic development framework and delivery model is unveiled. As part of your government’s re-energized and refocused approach to economic development, Invest New Brunswick was officially launched on September 20.

Your government has also been working hard to fulfill commitments for Northern New Brunswick, creating two new economic development and innovation funds totalling $250 million for Northern New Brunswick and the Miramichi region. These funds will focus on five priority areas: growth and development capital; adoption of information and communication technology; research, development and innovation; improving strategic infrastructure; and advanced workforce development.

Your government has consulted with stakeholders on changes to the Public Purchasing Act that are required to modernize the legislation, keep pace with changes to trade agreements and give New Brunswick- based business increased opportunities to bid on provincial government contracts. Due to the scope and magnitude of the changes required to current legislation, a new Act, the Procurement Act, will be introduced. This Act will enhance competitive opportunities for New Brunswick companies and ensure maximum value for public funds is realized.

Moving goods and people safely and efficiently to and from their destinations is a key element in fostering a strong and vibrant economy. Because of this, your government will continue to invest in strategic transportation infrastructure. As members will see in the three-year Capital Budget to be tabled during this session, your government will continue work to complete a number of major highway improvement projects that will provide safe and efficient transportation throughout the province.

Working in partnership with the federal government, the other Atlantic provinces and private-sector stakeholders, your government will continue to promote the strategic benefits the Atlantic Gateway and Trade Corridor can offer to international business and trading partners.

November 23 Journal of Assembly 7 New investment will ensure New Brunswick is poised to grow international air cargo and cruise passenger opportunities. In connection with, among other things, the objective of attracting out-of- province investments through trade missions and increasing the number of immigrants to New Brunswick, your government will make structured, targeted efforts to build on our international operations and networks for the benefit of our province. Persons with disabilities are ready, willing and able to help New Brunswick overcome its labour force challenges.

Your government has recently formed a committee composed of non-profit agencies, employers and government whose mandate will be to develop an Employment Action Plan for Persons with a Disability with the goal of increasing the number of persons with disabilities in the labour market. Your government is committed to investing in our greatest resource: our people. This year, your government will be moving forward with its platform commitment to ensure predictable, multi-year funding for universities and predictable tuition for students.

As well, work is underway to ensure government and universities can report to the public on the outcomes of public investments in universities, including graduation and employment outcomes. Your government remains committed to modernize our provincial parks. Planning has already commenced for an on-line reservation system which will make it easier for visitors to experience our provincial parks.

In the past year, your government has worked with federal partners to support restructuring of the lobster fishing fleet and the shrimp fleet by reducing the number of licences to provide greater economic sustainability in the industry. Efforts towards fleet rationalization will continue in 2011-12 by finalizing purchase agreements in the ground fish fleet. Research and development efforts are helping to explore new and emerging markets to support species diversification.

In partnership with the salmon aquaculture industry and federal partners, your government will continue to invest in the development of an integrated pest management framework and research on alternative products for the management and control of sea lice. Your government will support development of new crop opportunities for New Brunswick farmers. These opportunities will be developed through targeted assistance associated with land development, risk reduction and productivity enhancement.

8 60-61 Elizabeth II, 2011-2012 November 23 Your government recognizes that 2011 has presented serious challenges for many farmers in New Brunswick due to the unfavorable weather conditions that prevailed throughout the growing season. Your government will continue to work with agricultural producers and the Government of Canada to help affected farmers recover from the severe losses they experienced. Over the coming year, government will work with partners to develop the Growing Forward 2 Multilateral Framework Agreement based on the principles agreed to in the St.

Andrews Statement held here in New Brunswick in July 2011. Growing Forward 2 will be an important component to help agriculture meet the challenges and opportunities of 2020 and beyond. Your government is committed to improving delivery of farm fuel tax exemptions and rebates. Discussions with the farming industry have resulted in a significant improvement in the delivery of this program. Your government has been working with industry to design a digital media incentive to help encourage economic growth and job creation in this important sector of the new economy.

Details of this new program will be announced as part of the 2012-13 Budget. Last month, your government released a 10-year Energy Blueprint with an important vision – protecting New Brunswick families and industry by lowering costs, creating efficiencies and making the right choices to keep rates competitive and stable, while meeting our responsibilities to the environment in a balanced and incremental manner. This vision will drive decision-making in the energy sector.

One of the earliest and key actions of the blueprint will amalgamate the NB Power group of companies into a single vertically integrated Crown utility. This amalgamation will include the dissolution of the NBSO and migration of system operator functions back to NB Power. Work will be conducted over the next year to develop the necessary changes to the Electricity Act for the consideration of this Assembly.

Your government will bring qualifying large industrial companies’ electricity costs in line with their Canadian competitors by implementing a Large Industrial Renewable Energy Purchase Program by bringing forward the necessary amendments to the Electricity Act during this session of the Legislative Assembly. This initiative by your government will ensure competitiveness and rate predictability for many of New Brunswick’s largest employers, while at the same time protecting thousands of jobs.

Your government will support small-scale renewable energy projects, integrate current and future wind generation in the most cost-effective and efficient manner, and support promising solar, bio-energy and other

November 23 Journal of Assembly 9 emerging renewable energy technologies. Also, the Department of Energy will develop and implement policies to optimize the energy output from our province’s wood-based biomass resources. Your government will require minimum energy efficiency standards for new building construction in New Brunswick by adopting national standards and will amend the New Brunswick Building Code Act to create the authority to do so.

Over the next year, your government will perform a comprehensive review of the Petroleum Products Pricing Act and Regulations to ensure it continues to foster price stability while ensuring the lowest possible price to the consumer without jeopardizing continuity of supply. Your government has already begun restructuring the Energy and Utilities Board to consist of full-time members. Also, your government will appoint a full-time public energy advocate to replace the system of ad-hoc appointments of public interveners. Legislative amendments to the Energy Utilities Board Act will be developed over the next year.

Your government will review the natural gas rate structure and distribution network to achieve a more equitable rate structure. With natural gas prices at historic lows, it is unacceptable that New Brunswickers are faced with the highest natural gas distribution rates in North America. Your government will also work to improve access to natural gas throughout the province to help our companies reduce their energy costs. Amendments to the Gas Distribution Act will be brought forward as required to meet these objectives. The oil and natural gas industry is not new to New Brunswick.

The oil and natural gas industry has been contributing to our provincial economy for many decades and that continues to this day, with 30 natural gas wells producing in the Sussex area and 16 oil wells in the Elgin area. As we look to 2012 and beyond, your government anticipates continued oil and natural gas activity and exploration in our province and will continue to provide strong leadership on this file.

As it continues to explore New Brunswick’s potential in further developing the oil and gas sector, your government has maintained a strong and parallel focus on the protective measures necessary to ensure responsible development. Your government is developing a comprehensive action plan to ensure that New Brunswick has a strong regulatory regime in place that includes robust monitoring and enforcement mechanisms. This

10 60-61 Elizabeth II, 2011-2012 November 23 regulatory structure will also ensure that the economic benefits of oil and gas exploration and development are maximized for all New Brunswickers. Your government recognizes there are technologies being used to develop this resource about which New Brunswickers are seeking more information. We will continue to ensure New Brunswickers have all the information they need to make an informed decision on this opportunity.

To meet this need, a multi-disciplinary team of experts from across government have worked collaboratively over a number of months to identify areas requiring either new or more specific measures to protect human health, drinking water and societal interests. The work of this group will result in an Environmental Protection Plan identifying immediate, intermediate and longer-term actions to ensure New Brunswick is positioned to protect citizens and their property as well as the vital aspects of our shared environment.

Government will prioritize and adopt these actions incrementally so as to anticipate next stages in development of the oil and gas sector, and will move quickly to adopt the first phase of measures in the spring of 2012. The forest industry continues to be a cornerstone of the New Brunswick economy. In the coming months, your government will announce its 2012 Forest Management Strategy taking into consideration the recommendations of both the Private and Crown Land Task Forces.

Your government will reaffirm its commitment to the Canadian military and armed forces reservists in New Brunswick by enhancing existing leave for reservists’ rules under the Employment Standards Act. In addition to extending job protection during a leave of absence to all classes of reservists, your government will introduce specific provisions in legislation to facilitate unpaid leaves of absence for reservists’ annual training. Your government will introduce amendments to the Securities Act.

These amendments include harmonized and enhanced provisions to permit the recognition of credit rating organizations, the recognition of auditor oversight bodies and the ability to adopt the use of International Financial Reporting Standards. Over the years, government has responded to public concerns by developing a robust regulatory regime to protect our province and its residents and to guide development of our economy and resources. In the coming months, a Smart Regulation System will be developed to guide development of New Brunswick regulations.

November 23 Journal of Assembly 11 Healthy Families and an Enhanced Quality of Life To support the development of the next Provincial Health Plan and the health minister’s reform of the health care system, your government has started a Premier’s Dialogue with Citizens on the Sustainability of the Health Care System. This public consultation will inform New Brunswickers and engage them in the challenges and opportunities for renewal of our health care system. Your government recognizes that primary health care is the cornerstone of a strong health care system.

Recently, a Primary Health Care Summit was held to produce a shared vision for improving primary health care services in New Brunswick. The response to the summit has been overwhelmingly positive and the ideas generated will inform a strategic action plan. Your government will receive recommendations in 2012 from the Primary Health Care Steering Committee that will contribute to the development of this plan. The current Provincial Health Plan expires at the end of 2012 and your government has already begun to lay the groundwork for the next plan.

Consultations will be conducted not just with health care partners and stakeholders, but with all New Brunswickers on the future of our health care system. Your government remains focused in its continued support for early learning and child care despite the difficult economic challenges. Based on extensive consultation with stakeholders, the Department of Education and Early Childhood Development will address necessary changes to the un-proclaimed Early Learning and Child Care Act to further advance New Brunswick as a leader in early childhood development.

As part of your government’s commitment in Putting New Brunswick First, a task force has been created to review the decision to change the entry point of Early French Immersion. A comprehensive consultation process with parents, teachers and interested organizations is occurring throughout the province. Following this consultation, the four-member task force will make recommendations to government in early 2012. In addition, your government will continue to work closely with le Groupe d’action sur l’école francophone on the recommendations of the Gino LeBlanc Commission.

Following consultations with various stakeholders and extensive site visits in schools, your government will announce a plan to address inclusion in our school system. This plan will help refocus government’s efforts to ensure a consistent approach in inclusion practices throughout the province and that all students have the opportunity to reach their full potential.

12 60-61 Elizabeth II, 2011-2012 November 23 A citizen-led engagement initiative on learning and innovation, called Learning: Everybody’s Project, was launched last year with the goal of making New Brunswick ‘The Learning Province’ of Canada. A second phase of consultation, consisting of a series of public dialogue sessions, will begin in January 2012. Your government remains committed to working with New Brunswickers to overcome poverty together. While government must address its serious fiscal situation, it will not do so at the expense of those living in poverty.

Your government will implement a new vision and dental program for children in low income families in the next year. In addition, a prescription drug program for non-insured New Brunswickers is being developed. Consultation sessions will be announced for the coming months that will include key stakeholder organizations, business groups and relevant professional bodies such as pharmacists, nurses and doctors.

As well, the Department of Social Development is consulting the social assistance advisory committee of the Economic and Social Inclusion Corporation as it redesigns social assistance programs to better provide for the transition to work. In the next decade, New Brunswick will face unique and serious challenges related to a sharp increase in the senior population and the socio-economic implications of such a demographic shift. Given the number of seniors is increasing steadily, meeting their needs and expectations will be increasingly challenging without careful planning and thoughtful foresight.

A Panel on Seniors: Living Healthy, Aging Well will be created as a targeted advisory body to the Premier. The panel will consider the challenges, as well as opportunities, that will arise over the next 10 years and provide advice to government on the development of a progressive Living Healthy, Aging Well Blueprint for Seniors in New Brunswick. New Brunswick is one of three provinces that do not have a mandatory barrier-free building code regulation that exceeds the minimum standards of the National Building Code.

Legislation will be introduced to amend the New Brunswick Building Code Act which will improve accessibility for New Brunswickers with disabilities. With regard to official languages, your government remains committed to official bilingualism and the development of the two official language communities of New Brunswick, as well as to the principles and objectives of the Official Languages Act.

November 23 Journal of Assembly 13 Last May, we proposed and passed legislation to appoint a nonpartisan select committee that will, in the coming year, be responsible for reviewing the Act and holding consultations. Your government will support the work of the Select Committee on the Revision of the Official Languages Act in order to provide an opportunity for all New Brunswickers to express their views and provide input on amendments to this Act. Over the past year, your government has governed openly by engaging citizens in a number of decision-making processes.

To-date, 20 citizen engagement initiatives have either been undertaken or are currently underway. As part of the overall Government Renewal process, your government asked the New Brunswick Task Force on Protecting Pensions to review both private and public sector pension plans to ensure they are affordable, sustainable and have secure benefits. Their recommendations will help shape appropriate rules and regulations to protect employees, employers and pensions in the private sector and will be taken into consideration as your government moves toward sustainable pensions for public employees.

Your government endorsed the Sport Plan for New Brunswick and the four pillars that focus on enhanced participation, excellence, capacity and interaction. Several initiatives have begun including additional financial support to help children from lower-income families to participate in sport and recreation. Your government will introduce a new Species at Risk Act to replace the outdated Endangered Species Act. The new, modern Act will complement similar federal, provincial and territorial legislation in a national effort to prevent the loss of plants and animals due to human activities.

Extreme weather events create personal loss and economic burden for individuals and government. To better position property owners, communities, and the province to address these risks, a series of measures will be developed collaboratively to assess and communicate better the risks of the effects of climate change under a 2012-20 Climate Action Plan. This plan will include specific actions to flag flooding and storm surge risks.

Government received a clear message from those who are interested in New Brunswick’s wetlands that there is a need to develop programs which safeguard our natural environment in support of sustainable development over the long-term. Considering the input received following citizen and stakeholder engagement processes, your government will implement a wetlands management strategy encompassing such longer-term actions.

14 60-61 Elizabeth II, 2011-2012 November 23 Government Renewal Over the course of the last few months, the largest-ever engagement of public servants has been underway, working towards the goal of ensuring the Government of New Brunswick is able to provide appropriate and affordable services to citizens on a sustainable basis. Each and every part of government, from departments and Crown corporations to the Legislative Assembly itself, has been analyzed and rethought with a view to prioritize, optimize and improve service delivery for the people of New Brunswick.

This exercise has been known as Government Renewal. A major component of Government Renewal is to ensure departments and agencies have a clear vision of overall government direction, goals and targets. To facilitate this and to ensure effective alignment of department service delivery, your government is embarking on a major exercise in developing a balanced scorecard. This initiative will provide government with a powerful tool to focus public sector efforts toward achieving key performance outcomes.

As your government continues to work towards balanced budgets, it will continue to engage stakeholders to ensure there is an alignment between affordable quality public services and public expectations. And, by improving the culture of government to focus on core services, accountability through performance measures and continuous performance improvement, a foundation for continuing discipline and responsible government is being established.

To address the concerns raised by the Auditor General, your government will examine the feasibility of creating a single, independent Financial Services Regulatory Agency in order to bring consistent application of regulatory authority, reduced duplication and to provide for an independent hearing tribunal. The Legal Aid System is critical to ensure access to justice for those who can least afford it. Your government will initiate a structural review of Legal Aid with the goal of providing greater efficiency as well as greater accessibility.

Your government will continue to work with the federal government to ensure that fiscal transfers continue to support the essential services New Brunswickers need. Your government will also continue to work with its regional partners in Atlantic Canada to find opportunities to improve public services to citizens while lessening duplication and reducing costs to taxpayers. To improve efficiency and increase industry competitiveness your government, in collaboration with the Province of Nova Scotia and the

November 23 Journal of Assembly 15 federal government, will work on harmonizing and streamlining processes in support of the trucking industry. Following consultation, review and analysis, the New Brunswick Liquor Corporation will introduce a comprehensive report on its mandate and future. The Premier tasked the board of directors and management to review ways to strengthen retail strategies and find new ones, increase revenues, and improve the culture and governance of the organization. The review is nearly complete and your government will begin implementing approved recommendations in early 2012.

Your government is committed to completing a renewal of the 2002 Provincial Cultural Policy. The cultural sector is important to our quality of life and there is a cultural dividend from public investment in the arts and heritage. It has been ten years since our cultural policy was last reviewed and as part of this renewal, all New Brunswickers, including those working in the cultural sector, are invited to contribute to this renewal by participating in planned consultations. Individual meetings with New Brunswick First Nations chiefs have been held over the past year.

Meetings were held to hear directly the concerns of New Brunswick’s First Nation leadership and these meetings will continue in the coming year. Your government was proud to conclude an agreement with New Brunswick First Nations and the federal government to establish a process to develop a Framework Agreement on Aboriginal and treaty rights and self-government. New Brunswick has a shared responsibility for ensuring health, educational and child welfare outcomes for all New Brunswickers.

For Aboriginal children, many of these services are delivered by First Nations through funding partnerships including the provincial and federal governments. Your government firmly believes a child’s needs should come before cost or jurisdiction and will implement Jordan’s Principle on providing public services for Aboriginal children during this session. The Healing-to-Wellness Court pilot project will be located on the Elsipogtog First Nation and will be the first of its kind in New Brunswick.

This partnership will incorporate First Nations practices and culture, and will deal not only with crime but also underlying causes. In addition, your government will bring forward a Duty to Consult Policy to guide departments through the constitutional duty to consult with our province’s 15 First Nation communities. Members of this Assembly will consider changes to the Electoral Boundaries and Representation Act that will make it more timely and

16 60-61 Elizabeth II, 2011-2012 November 23 responsive to New Brunswick’s fixed elections schedule. It will ensure provincial ridings are as representative and equitable as possible for all electors. Furthermore, in these times of spending restraint and operational review, the members of this House should not be considered exempt. In the last session, members voted to reduce the cost of MLA pensions. In this session, members will consider the question of representation in the Legislature. The number of electoral districts in our province will be reduced as part of the above amendments.

Your government believes New Brunswickers should have a say in who represents them in the Senate of Canada. You government will introduce legislation to enable citizens to vote on New Brunswick nominees for the Senate. By selecting our Senator nominees, the Upper House of the Canadian Parliament will gain further legitimacy and, as a result, become more effective. It will help ensure decisions of the federal Parliament are balanced to protect the interest of all Canadians, no matter where they live.

Your government will soon receive a report from former Ombudsman Bernard Richard concerning the various legislative officers of this Assembly, including recommendations for making these offices more effective. These recommendations will be considered in consultation with all parties and subsequent amendments to relevant legislation and operating procedures will be introduced in the coming months. In addition, members of this Assembly will review and consider new legislation governing the Office of the Auditor General to render this service more modern and effective.

Your government is serious about fiscal responsibility and reducing the deficit. A multi-year capital budget plan will be tabled this fall that will reflect the ongoing funding required for projects already underway, along with the funding necessary to maintain existing infrastructure. Your government will consider options for the development of a new strategic direction for New Brunswick’s gaming regime to help guide the development of responsible gaming policy for the next three to five years. Strategic objectives will focus on collaboration, future opportunities, transparency and accountability.

Our society has changed significantly in the past 45 years, but the governance system which supports citizens at the local level remains mostly unchanged. As New Brunswickers, we value the heritage and tradition evident in our communities, but we also know they cannot be sustained into the future without a new approach to governance and service delivery.

November 23 Journal of Assembly 17 During the first six months of this year, your government undertook an extensive consultation process, actively seeking the views of citizens and stakeholders on property assessment and taxation, community funding arrangements and a regional approach to service delivery. New Brunswickers responded with a broad range of perspectives on these and many other aspects of local governance, showing how complex and how interconnected these issues are.

Throughout this consultation process, New Brunswickers signalled their strong support for change to the local governance system and your government will take action. Your government will bring forward a Local Governance Action Plan that will strengthen the capacity of local government structures while maintaining community identity; bring fairness and transparency to property taxation and assessments; create a new model for community- governed regional service delivery; build a more equitable community funding mechanism; and modernize legislation to better support local and regional decision-making.

Together, these initiatives support the goal of making New Brunswick’s communities and regions sustainable in the long term. This action plan will be implemented in phases over the next two years. Conclusion Over the course of this session, ministers will provide more details regarding the initiatives and legislation contained in this Speech from the Throne. Your government will also provide details on other programs and policies of importance to all New Brunswickers. Earlier this year, your government began its first steps towards changing the culture of government.

To achieve this goal together, the people of New Brunswick have been engaged in historic levels of consultations under the banner of Government Renewal. The results of these efforts will include a legislative and budgetary agenda to be considered by this Assembly that will lay a new foundation for rebuilding New Brunswick. To be sustainable however, this new foundation must be built upon the bedrock of trust and collaboration.

Only then can our province get back on the road to prosperity while addressing New Brunswickers’ priorities, including investing in jobs; supporting healthy families and an enhanced quality of life; and continuous Government Renewal. May divine Providence continue to bless New Brunswick and its residents, and guide this Assembly in its deliberations.

18 60-61 Elizabeth II, 2011-2012 November 23 His Honour then retired. Mr. Speaker resumed the chair. Ordered that the Hon. David Alward, Premier, have leave to introduce a Bill entitled

An Act to Perpetuate a Certain Ancient Right. (Bill 1) He accordingly presented the Bill to the House and the same was received and read the first time. Mr. Speaker then informed the House that in order to prevent mistakes he had obtained a copy of His Honour’s Speech, which he offered to read. (Reading dispensed.) On motion of Mr. Bonenfant, seconded by Mr. Killen, RESOLVED, that the speech of His Honour the Lieutenant-Governor be forthwith taken into consideration. Mr.

Bonenfant, a Member for the electoral district of Madawaska-les- Lacs, proposed an Address to His Honour the Lieutenant-Governor in answer to the speech, which he read in his place, and being seconded by Mr. Killen, a Member for the electoral district of Saint John Harbour, it was handed to the Chair where it was again read and is as follows: Fredericton, N.B. November 23, 2011. To His Honour, The Honourable Graydon Nicholas, Lieutenant-Governor of the Province of New Brunswick.

May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And a debate arising thereon, after some time, it was on motion of Mr. Boudreau, the Leader of the Opposition and the Member for the electoral district of Shediac— Cap-Pelé, adjourned over.

And then, 3.40 o’clock p.m., the House adjourned. The following document, having been deposited with the Clerk of the House, was deemed laid upon the table of the House, pursuant to Standing Rule 39: Speech from the Throne November 23, 2011 November 23, 2011

November 24 Journal of Assembly 19 Daily Sitting 2 Thursday, November 24, 2011 1 o’clock p.m. Prayers. Mr. Boudreau offered condolences to the family of the late Mr. Azor LeBlanc, former Liberal MLA for Shediac (1974-1991). Mr. Speaker, the Honorable Dale Graham, introduced the new pages for the Session: Serena Smith, Kingston, Nova Scotia; Karen Cook, Fredericton; Randy Kaye, Colpitts Settlement; Kyle Davenport, Perth-Andover.

The returning pages are: Alicia DelFrate, Fredericton; Conrad Fox, Fredericton; Ryan O’Donnell, Boiestown; Brigid Wheaton, Central Blissville; Karina Kierstead, Quispamsis; Andrew MacDougall, Burton. Mr. Fraser, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition urging that acute care beds at the Miramichi Regional Hospital remain as such, and that the hospital maintain its level 3 trauma designation. (Petition 1) Mr.

Bertrand LeBlanc, Member for Rogersville-Kouchibouguac, laid upon the table of the House a petition urging that acute care beds at the Miramichi Regional Hospital remain as such, and that the hospital maintain its level 3 trauma designation. (Petition 2) Mr.

Fraser, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition urging the Minister of Public Safety to provide an independent, far-reaching and transparent judicial public inquiry into the murder of Paul “Poncho” Henderson and the actions of all law enforcement personnel involved in the initial investigation of his death. (Petition 3) Mr. Bertrand LeBlanc, Member for Rogersville-Kouchibouguac, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 4) Mr.

Fraser, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition urging the government to implement a food solidarity program of $50 per month for all households on social

20 60-61 Elizabeth II, 2011-2012 November 24 assistance and to raise the basic social assistance rates to match the average of those in place in Atlantic Canada. (Petition 5) Mr. Albert, Member for Caraquet, laid upon the table of the House a petition urging the government to implement a food solidarity program of $50 per month for all households on social assistance and to raise the basic social assistance rates to match the average of those in place in Atlantic Canada. (Petition 6) Mr.

Melanson, Member for Dieppe Centre-Lewisville, laid upon the table of the House a petition urging the government to implement a food solidarity program of $50 per month for all households on social assistance and to raise the basic social assistance rates to match the average of those in place in Atlantic Canada. (Petition 7) Hon. Mr. Leonard laid upon the table of the House a document entitled The New Brunswick Energy Blueprint, New Brunswick, Department of Energy, October 2011. It was agreed by unanimous consent to permit Hon. Mr. Leonard to make a lengthy Minister’s Statement.

It was agreed by unanimous consent to extend the time allotted for Oral Questions by fifteen minutes. Following Oral Questions, Mr. Fraser rose on a point of order and submitted that the Premier had used unparliamentary language. The Premier withdrew the words in question. The following Bills were introduced and read a first time: By Hon. Ms. Blais, Q.C., Bill 2,

An Act to Amend the Securities Act. By Hon. Mr. Trevors, Bill 3,

An Act to Amend the New Brunswick Building Code Act. By Hon. Mr. Fitch, Bill 4,

An Act to Amend the Municipal Assistance Act. Bill 5,

An Act to Amend the Municipalities Act. Hon. Mr. Northrup gave Notice of Motion 1 that on Wednesday, November 30, 2011, he would move the following resolution, seconded by Hon. Ms. Blaney:

November 24 Journal of Assembly 21

WHEREAS New Brunswick’s natural resources represent a collective good to be developed responsibly for the benefit of our Province; and

WHEREAS Natural Gas represents an opportunity to employ New Brunswickers and to raise revenue to assist in reducing the province’s debt and help fund social programs, including health care, senior care, and education; and

WHEREAS the Members of this Legislature wish to encourage the development of industry that provides meaningful opportunities to keep our people in the Province and provide work to bring New Brunswickers home from the oil and gas sector in western Canada; and

WHEREAS exploration for Natural Gas reserves has the beneficial effect of increasing knowledge about all of the Province’s underground resources; and

WHEREAS prior governments have granted permissions to explore for Natural gas and other natural resources in New Brunswick; and

WHEREAS the Members of this Legislature believe that the Government must ensure that a strong comprehensive regulatory framework must be in place to provide for the protection of our groundwater and the environment; and

WHEREAS this Government will only allow extraction if it is conducted in a manner that protects the health of our residents, the quality of our drinking water and protects the environment; and

WHEREAS energy derived from natural gas is more environmentally sound than energy derived from coal or oil and results in decreased greenhouse gas emission; and

WHEREAS Oil and Natural Gas wells, using various extraction technologies, including hydraulic fracturing, have been in production in New Brunswick since 1859;

BE IT RESOLVED that this Legislative Assembly supports the policy of continued responsible exploration of New Brunswick’s Natural Gas reserves in conjunction with the development of a framework of world class regulations to ensure the protection of the residents of New Brunswick, our groundwater, and the environment.

22 60-61 Elizabeth II, 2011-2012 November 24 Mr. Bernard LeBlanc gave Notice of Motion 2 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr. Kenny:

WHEREAS the Alward government proposed changes to the Prescription Drug Program that doubled the co-pay amount payable by seniors from $250 to $500;

WHEREAS seniors feel this increase breaks the Premier’s campaign promise to “provide a better deal for seniors”;

WHEREAS this sudden increase creates considerable financial hardship for low-income seniors;

WHEREAS the extra cost may prevent seniors from getting the medications they need;

WHEREAS the loss of medications could be harmful to the fragile health of seniors;

WHEREAS the New Brunswick Pharmacists’ Association, the Canadian Life and Health Insurance Association, and others have suggested ways to find additional savings within the Prescription Drug Program, which would avoid the need for drastic fee increases; BE IT THEREFORE RESOLVED that the Legislative Assembly of New Brunswick urge the government to reverse the sudden fee increase, keep the Premier’s campaign promise to “provide a better deal for seniors”, and explore alternate savings through the Prescription Drug Program. On motion of Hon. Mr. P. Robichaud, seconded by Mr.

Fraser: RESOLVED, that when the House adjourns at the end of this sitting day, it stand adjourned until Friday, November 25, 2011, at 11 o’clock a.m. Mr. D. Landry gave Notice of Motion 3 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr. Bertrand LeBlanc:

WHEREAS the Minister of Natural Resources publicly stated on November 3, 2011, the “need for stronger regulations on the emerging industry” of shale gas exploration;

November 24 Journal of Assembly 23

WHEREAS the Minister of Natural Resources publicly admitted on October 19, 2011, to a “grey area” in the existing regulations surrounding shale gas exploration; BE IT THEREFORE RESOLVED that the Legislature urge the government to announce a moratorium on shale gas exploration and strike a Select Committee of the Legislative Assembly with the mandate to review and hold public hearings on all proposed legislation, regulations, and plans for monitoring and oversight of the shale gas industry, and to make final recommendations to the Legislative Assembly. With leave of the House, Hon. Mr. P.

Robichaud moved, seconded by Mr. Fraser: (Motion 4) THAT notwithstanding Standing Rule 29(1), the time for the daily meeting and adjournment of the sitting of the Assembly on Fridays shall be as follows: Friday 9.00 a.m. to 2.00 p.m. THAT this Special Order shall come into effect on December 9, 2011, and shall remain in effect during the remainder of the Second Session of the Fifty-seventh Legislative Assembly. And the question being put, it was resolved in the affirmative. Mr. Collins gave Notice of Motion 5 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr. Albert:

WHEREAS the Alward government is proposing a two-tiered minimum wage for the province of New Brunswick, wherein servers and wait staff would earn a lower minimum wage than other workers;

WHEREAS a two-tiered minimum wage is a direct attack on the most vulnerable wage earners;

WHEREAS tipping is designed to reward excellent service, not supplement wages;

WHEREAS the scheduled increase to the minimum wage that was supposed to have taken place in September as mandated by the Poverty Reduction Plan has not yet been implemented;

24 60-61 Elizabeth II, 2011-2012 November 24

WHEREAS the Poverty Reduction Plan did not suggest a two-tiered minimum wage;

WHEREAS the Alward government’s public consultation on a two- tiered minimum wage consists of an online survey which contains questions which have been criticized as being designed to tip the balance of the results in favour of a two-tiered minimum wage; BE IT THEREFORE RESOLVED that the Legislative Assembly call on the government of New Brunswick to respect the spirit and intent of the Poverty Reduction Plan, reject a two-tiered minimum wage and immediately implement the recommendation of the Poverty Reduction Plan to raise the minimum wage to $10. Mr.

Bernard LeBlanc gave Notice of Motion 6 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr. Boudreau:

WHEREAS the previous Liberal government undertook an unprecedented public engagement in 2009 with the business sector, the non-profit sector, and citizens living in poverty, which resulted in a bipartisan poverty reduction plan;

WHEREAS the Premier, then the Leader of the Opposition, participated fully in the engagement process and the announcement of the poverty reduction plan;

WHEREAS the Premier, then the Leader of the Opposition, stated that he was “proud” to have participated in the process and committed his party to implementing the recommendations of the poverty reduction task force;

WHEREAS the Premier, then the Leader of the Opposition, stated in an opinion column published in various provincial newspapers in November 2009 that we have to do more;

WHEREAS, since forming the government, the Alward Conservatives have ignored or postponed several important deadlines for the implementation of poverty reduction initiatives;

WHEREAS there is considerable disparity between what Premier Alward said while he was in the opposition and what he has done since forming the government;

November 24 Journal of Assembly 25 BE IT THEREFORE RESOLVED that the Legislature urge the government to honour the commitments made by the Premier when, as Leader of the Opposition, he expressed his support for the poverty reduction plan. Mr. Melanson gave Notice of Motion 7 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr. Collins:

WHEREAS Halifax Shipyard has been awarded a $25-billion contract to build new combat ships for the Canadian Navy;

WHEREAS Rona Ambrose, the federal Minister of Public Works and Government Services, the department that handles procurement, said the contracts will provide 75 million hours of work and 15 000 jobs annually over the next 30 years;

WHEREAS this contract represents an important economic opportunity not just for Halifax, but for the entire Atlantic region, including New Brunswick;

WHEREAS there could be valuable opportunities for New Brunswick businesses with skilled workers to benefit from the shipbuilding contract in subcontract and supply work;

WHEREAS more New Brunswick workers would like the training to be able to participate in these skilled labour opportunities;

WHEREAS the former Liberal government made considerable investments in NBCC and CCNB to position the colleges to offer the trades training that will be required for many of these jobs, with plans to add 1 500 more seats to the college systems; BE IT THEREFORE RESOLVED that the Legislative Assembly urge the government to immediately develop a comprehensive strategy to maximize opportunities for New Brunswick businesses and workers. Mr. Kenny gave Notice of Motion 8 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr.

Haché: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation including correspondence, however

26 60-61 Elizabeth II, 2011-2012 November 24 recorded, stored or archived, by electronic means or otherwise, between NB Power, the Department of Energy, and any third party in relation to all expenses and costs included in the Deferral account associated with the refurbishment of the Point Lepreau generating station since March 28, 2008, including an itemized list of these costs and expenses. Mr. Doucet gave Notice of Motion 9 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr.

Albert: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation since October 13, 2010, including correspondence, however recorded, stored or archived, by electronic means or otherwise, including, but not limited to, all proposals, contracts, engagement letters and records of meetings between the Department of Transportation and all consultants, corporations, individuals with respect to the conduct of any reviews, assessments or evaluations on the operations of the Department of Transportation. Mr.

Kenny gave Notice of Motion 10 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr.

Haché: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation since October 13, 2010, including correspondence, however recorded, stored or archived, by electronic means or otherwise, between the Department of Energy, the Premier’s Office, The Executive Council Office , NB Power and any other individuals, or corporations with respect to the engagement of the consulting firm Alexander Proudfoot by NB Power including, but not limited to all correspondence, memos, contracts, directives, and proposals. Mr.

Arseneault gave Notice of Motion 11 that on Thursday, December 1, 2011, he would move the following resolution, seconded by Mr. Haché: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation, including correspondence, however recorded or stored, by electronic means or otherwise, between the

November 24 Journal of Assembly 27 Office of the Premier, Executive Council Office, Communications New Brunswick, Department of Environment, Office of the Auditor- General and the Greater Moncton Sewerage Commission related to the release of the 2011 Auditor-General’s report of wastewater commissions. And then, 3.40 o’clock p.m., the House adjourned.

28 60-61 Elizabeth II, 2011-2012 November 25 Daily sitting 3 Friday, November 25, 2011 11 o’clock a.m. Prayers. The Order of the Day being read that the House proceed to take into further consideration the proposed Address in answer to His Honour’s speech at the opening of the session, The Assembly resumed the adjourned debate on the proposed motion of Mr. Bonenfant, seconded by Mr.

Killen: THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. November 23, 2011. To His Honour, The Honourable Graydon Nicholas, Lieutenant-Governor of the Province of New Brunswick.

May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And the debate continuing, On motion of Mr. Riordon, the further consideration thereof was adjourned over. And then, 12.03 o’clock p.m., the House adjourned.

The following document, having been deposited with the Clerk of the House, was deemed laid upon the table of the House, pursuant to Standing Rule 39: Annual Report 2010-2011 Vehicle Management Agency November 24, 2011

November 29 Journal of Assembly 29 Daily sitting 4 Tuesday, November 29, 2011 1 o’clock p.m. Prayers. Mr. Fraser, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition urging that acute care beds at the Miramichi Regional Hospital remain as such, and that the hospital maintain its level 3 trauma designation. (Petition 8) Mr.

MacDonald, Member for York North, laid upon the table of the House a petition urging the government to place a ban on shale gas and focus on the creation of jobs to reduce energy consumption and replace the dependence on fossil fuels with renewable sources of energy. (Petition 9) Mr. Bertrand LeBlanc, Member for Rogersville-Kouchibouguac, laid upon the table of the House a petition urging that acute care beds at the Miramichi Regional Hospital remain as such, and that the hospital maintain its level 3 trauma designation. (Petition 10) Mr.

Boudreau, Member for Shediac—Cap-P elé, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 11) Mr. Arseneault, Member for Dalhousie-Restigouche East, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 12) Mr.

Kenny, Member for Bathurst, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 13) Mr. Collins, Member for Moncton East, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 14) Mr. Doucet, Member for Charlotte-The Isles, laid upon the table of the House a petition urging that the entire shale fracturing process,

30 60-61 Elizabeth II, 2011-2012 November 29 including present exploration for natural gas, be halted immediately. (Petition 15) Mr. Melanson, Member for Dieppe Centre-Lewisville, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 16) Mr. Haché, Member for Nigadoo-Chaleur, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 17) Mr.

Albert, Member for Caraquet, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 18) Mr. D. Landry, Member for Centre-Péninsule—Saint-Sa uveur, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 19) Mr.

Bernard LeBlanc, Member for Memramcook-Lakeville-Dieppe, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 20) Mr. Fraser, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 21) Mr.

Bertrand LeBlanc, Member for Rogersville-Kouchibouguac, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 22) Mr. Arseneault gave Notice of Motion 12 that on Thursday, December 8, 2011, he would move the following resolution, seconded by Mr. Bernard LeBlanc:

November 29 Journal of Assembly 31 That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation, including correspondence, however recorded, stored or archived, by electronic means or otherwise, between the province of New Brunswick, the Dalhousie Nursing Home or any other corporations or third parties it may have solicited information or advice, regarding the construction of the new nursing home in Dalhousie, including all engineering reports and architectural plans, budgets, and all correspondence since September 27, 2010.

Mr. Arseneault gave Notice of Motion 13 that on Thursday, December 8, 2011, he would move the following resolution, seconded by Mr.

Collins: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation, including correspondence, however recorded , stored or archived, by electronic means or otherwise, from any department related to the federal crime legislation, Bill C-10, including but not limited to any records of meetings with the federal government and stakeholders, presentations, position papers, correspondence or plans given or received by the provincial government, and any information related to the financial impact of Bill C-10 on the province of New Brunswick.

Mr. Bernard LeBlanc gave Notice of Motion 14 that on Thursday, December 8, 2011, he would move the following resolution, seconded by Mr. Kenny: That an address be presented to His Honour the Lieutenant- Governor, praying that he cause to be laid upon the table of the House all documentation, including correspondence, however recorded, archived or stored, related to the number of seniors waiting in hospital for nursing home spaces, including a breakdown of the numbers by location and month since October 2010. Hon. Mr. P.

Robichaud, Government House Leader, announced that it was the intention of government that the House resume the adjourned debate on the motion for an Address in Reply to the Speech from the Throne. The Assembly resumed the adjourned debate on the proposed motion of Mr. Bonenfant, seconded by Mr. Killen:

32 60-61 Elizabeth II, 2011-2012 November 29 THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. November 23, 2011. To His Honour, The Honourable Graydon Nicholas, Lieutenant-Governor of the Province of New Brunswick.

May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Tait took the chair as Acting Speaker. And after some further time, Mr. Speaker resumed the chair. Hon. Ms.

Blaney rose on a point of order and submitted that the subject matter of Mr. Arseneault’s speech was not related to the debate on the motion for an Address in Reply to the Speech from the Throne. Mr. Fraser spoke on the point of order. Mr. Speaker ruled the point not well taken as Members have a wide latitude when debating the motion in question. And after some time, Mr. Speaker interrupted proceedings and announced that the hour of daily adjournment had arrived. And then, 6 o’clock p.m., the House adjourned.

The following document, having been deposited with the Clerk of the House, was deemed laid upon the table of the House pursuant to Standing Rule 39: Annual Report 2007 Supervisor of Political Financing November 28, 2011

November 30 Journal of Assembly 33 Daily sitting 5 Wednesday, November 30, 2011 10 o’clock a.m. Prayers. Mr. Fraser, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition urging that acute care beds at the Miramichi Regional Hospital remain as such, and that the hospital maintain its level 3 trauma designation. (Petition 23) Mr. Bertrand LeBlanc, Member for Rogersville-Kouchibouguac, laid upon the table of the House a petition urging that acute care beds at the Miramichi Regional Hospital remain as such, and that the hospital maintain its level 3 trauma designation. (Petition 24) Mr.

Arseneault, Member for Dalhousie-Restigouche East, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 25) Mr. Haché, Member for Nigadoo-Chaleur, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 26) Mr.

Bernard LeBlanc, Member for Memramcook-Lakeville-Dieppe, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 27) Mr. Collins, Member for Moncton East, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 28) Mr.

Kenny, Member for Bathurst, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 29) Mr. Albert, Member for Caraquet, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 30)

34 60-61 Elizabeth II, 2011-2012 November 30 Mr. Doucet, Member for Charlotte-The Isles, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 31) Mr. D. Landry, Member for Centre-Péninsule—Saint-Sa uveur, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 32) Mr.

Melanson, Member for Dieppe Centre-Lewisville, laid upon the table of the House a petition urging that acute care beds at the Miramichi Regional Hospital remain as such, and that the hospital maintain its level 3 trauma designation. (Petition 33) Mr. Fraser, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition urging the government to implement a food solidarity program of $50 per month for all households on social assistance and to raise the basic social assistance rates to match the average of those in place in Atlantic Canada. (Petition 34) Mr.

Bertrand LeBlanc, Member for Rogersville-Kouchibouguac, laid upon the table of the House a petition urging the government to place a ban on shale gas and focus on the creation of jobs to reduce energy consumption and replace the dependence on fossil fuels with renewable sources of energy. (Petition 35) Mr. Fraser, Member for Miramichi-Bay du Vin, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 36) Mr.

Melanson, Member for Dieppe Centre-Lewisville, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 37) Mr. Boudreau, Member for Shediac—Cap-P elé, laid upon the table of the House a petition urging that the entire shale fracturing process, including present exploration for natural gas, be halted immediately. (Petition 38)

November 30 Journal of Assembly 35 Mr. Melanson, Member for Dieppe Centre-Lewisville, laid upon the table of the House a petition urging the government to reinstate the financing to the Advisory Council on the Status of Women. (Petition 39) Pursuant to the terms of the resolution appointing the Standing Committee on Health Care, Hon. Ms. Dubé presented the First Report of the Committee, which was filed with the Clerk of the Legislative Assembly and released on November 21, 2011, and it is as follows: November 2011 To The Honourable The Legislative Assembly of The Province of New Brunswick Mr.

Speaker: I have the pleasure to present herewith the First Report of the Standing Committee on Health Care. The Report is the result of your Committee’s public consultations and deliberations on Regional Health Authority boundaries, Regional Health electoral boundaries, and election rules. On behalf of the Committee, I wish to thank the presenters who appeared at the public hearings and those individuals and groups who submitted written briefs. In addition, I would like to express my appreciation to the members of the Committee for their contribution in carrying out our mandate.

And your Committee begs leave to make a further report. Respectfully submitted, Hon. Madeleine Dubé, M.L.A. Chair Ordered that the Report be received, that leave be granted, and the Committee continued. The full report of the Committee as presented follows: History and Background In 2008, the New Brunswick government reorganized the former 8 health authorities to two RHAs, or Regional Health Authorities: RHA A (now operating as Vitalité Health Network) and RHA B (now operating as Horizon Health Network). [MAPS] The boundaries of the 8 former health authorities continue to be referred to as “zones”.

Legislative amendments to the Regional Health Authorities Act

36 60-61 Elizabeth II, 2011-2012 November 30 set out the territorial boundaries of the two new RHAs using the old zone descriptions. As set out in

Schedule A of the Regional Health Authorities Act, RHA A is composed of zones 4, 5, 6, and zone 1 Beauséjour. RHA B is composed of zones 2, 3, 7, and zone 1 Southeast. The 2008 reorganization of the RHAs gave rise to concern that the government had not sufficiently met its obligation to promote the cultural, economic and social development of New Brunswick’s official linguistic communities. In particular, legal action was commenced by the Francophone interest group Égalité santé en français N.-B. inc.

Consultation with members of the Francophone community on ways to improve health care services and health care governance for Francophone residents resulted in a report entitled Toward an Improved Health Care System in French in New Brunswick. In response, legislative changes were made to the Regional Health Authorities Act and the New Brunswick Health Council Act. At that time, government also committed to a review of the geographic areas assigned to each Health Authority in consultation with local communities. Elected hospital boards were replaced with appointed boards as part of the 2008 reforms.

By 2010, consensus had arisen amongst all of the province’s major political parties to reinstate elected members to the RHA boards. On June 7, 2011, the Legislative Assembly of the Province of New Brunswick passed Motion 93, a copy of which is attached to this Report as Appendix A. Motion 93 mandated the Legislative Assembly’s Standing Committee on Health Care to provide recommendations in preparation for the reinstatement of elected members on the boards of the province’s two RHAs in conjunction with the May 2012 Municipal and District Education Council elections.

To assist the Committee with its mandate, the Department of Health published a Discussion Paper in July 2011. The Committee reviewed the Discussion Paper and agreed to solicit public input by internet, by written submission, and by appearance before one of 7 public hearings scheduled to be held around the province. In total, 33 submissions were received from New Brunswickers in various forms and locations, as listed in Appendix B. Based on the Discussion Paper and its consultations, the Committee divided its work into three major sets of questions: 1.

How, if at all, should the boundary line between RHA A and RHA B be altered? 2. Given that each RHA will elect 8 board members, how should these new ridings (“sub-zones”) be organized? 3. What rules should govern the eligibility of candidates for election to those positions, and how should vacancies be filled?

November 30 Journal of Assembly 37 While the Committee’s mandate in this consultation was limited in scope and under a tight timeline in order to make recommendations in time for implementation in spring 2012, the public hearings did provide New Brunswickers with the opportunity to express their opinions on broader issues concerning health care. Some of those submissions related directly to work arising from Motion 93. In other cases, the Committee members met informally with New Brunswickers after the official hearings had adjourned for the day.

Regardless of the forum, the message of interest and commitment to quality health care in the province was encouraging and helpful to the Committee in its ongoing work. The members are grateful to those who took their time to write, e-mail, telephone, and attend the public hearings.

One of the clear underlying messages of many of the public submissions was that while the mechanics of elections have some importance, the greater dialogue must be about the actual health care system itself, and the practical realities of delivering health care must be kept in mind when reforms like these are discussed and implemented. The Committee is unanimous in its desire to keep such priorities foremost, both in this report’s recommendations and in its ongoing work.

At the same time, however, it was evident to the Committee that there was a fundamental misconception on the part of some of the presenters as to where individuals can obtain health care services. Specifically, there is confusion among some people that the language of work of the RHAs also determines the language of service. The clear mandate of both RHAs is to provide services in both official languages, to ensure that all New Brunswickers can receive health services anywhere in the province in the official language of their choice.

When this important fact is overlooked, discussion of health issues prompts unnecessary anxiety and conflict. Accordingly, the Committee wishes to emphasize this point, congratulate the efforts which have been made to improve bilingual service throughout the province, and encourage both RHAs to continue to progress in this way.

Summary of Recommendations The Committee’s recommendations are as follows:

Part I: Recommendations as to boundaries between RHA A and RHA B 1. The present boundaries which delineate RHA A and RHA B should not be altered in any way. 2. The essential nature and integrity of RHAs as regional entities should be respected. 3. Medical Centres and local linguistic communities which are served by such Centres should remain attached to the RHA in which they are geographically located.

38 60-61 Elizabeth II, 2011-2012 November 30

Part II: Recommendations as to sub-zones within the RHAs 4. Each RHA should be divided into 8 sub-zones, created by dividing the 4 zones within it into two sub-zones. 5. Eligibility to vote and to be a candidate in each of the sub-zones should be limited to persons whose primary residence is within that sub-zone. 6. Persons residing in zone 1 (Beauséjour/Southeast), should be given the choice of RHA in which they cast their ballot.

Part III: Recommendations relating to rules governing elections and vacancies 7.a Candidates for seats on RHA boards should be required to have and maintain their primary residence within the sub-zone they represent. b. Board members who transfer their primary residence outside their sub- zone or who are otherwise unable or unwilling to perform their duties as board members should have their seats vacated. c. Vacant seats should be filled by appointment of the Minister of Health with an individual whose primary residence is in the vacated sub-zone. d.

Employees of RHAs, employees of the Department of Health, members and employees of the New Brunswick Health Council, persons holding privileges at a hospital within New Brunswick, Senators, Members of Parliament, and Members of the Legislative Assembly should not be permitted to be candidates for RHA boards.

Part I: Recommendations as to boundaries between RHA A and RHA B 1. The present boundaries which delineate RHA A and RHA B should not be altered in any way. More than any other issue the Committee examined, the matter of the boundary line between the two RHAs touched on the sensitive issue of language. The discussion of where the boundaries should be drawn sprang directly from the settlement of the legal challenge raised by Égalité santé.

In 2008, when government reformed the system of health care governance, compressing 8 RHAs into 2, concerns were raised that the adoption of the former zone boundaries had been done without sufficient consultation or sufficient attention to the needs of the province’s Francophones. A report by Gino LeBlanc, entitled Toward an Improved Health Care System in French in New Brunswick, was commissioned and led to the former Minister of Health Schryer’s statement in the New Brunswick Legislature on April 8, 2010.

This statement, accompanied by amendments to the Regional Health Authorities Act and New Brunswick Health Council Act, included this commitment: A review of the geographic areas currently assigned to each health authority will also be conducted, in consultation with local communities served. [Minister Mary Schryer, Ministerial Statement in New Brunswick Legislative Assembly, 8 April 2010]

November 30 Journal of Assembly 39 Discussion on this issue brought into sharp relief the differing views among the province’s Francophones as to the emphasis which RHA A should give to its role as a Francophone cultural institution, rather than solely as a provider of health care. A few advocates called for the boundaries between the RHAs to be eliminated, and the construction of a dual health system modeled upon that used in education. A strong majority rejected this view. The Committee observed communities which were united in their desire for quality health care.

The views of most presenters were nuanced, complex, and realistic, recognizing the dynamic interchange between language and health care. Presenters from both linguistic communities supported the enhancement of institutions which gave their communities more direct control over the decisions which impact on their health care. Everyone understands the importance of being able to obtain service in their official language as part of quality health care. Accordingly, presenters advocated strongly for improved bilingualism at all points of patient care.

Naturally, there is not unanimity in every aspect as to how best to balance the intertwined roles which RHAs perform as providers of health care, and as centres of community. To a large degree, there is consensus that both roles are very important. Balance is to be achieved through a spirit of reasonableness, accommodation, and recognition of the province’s fiscal realities. One of the words I will not use today, absolutely not, is “division.” Every time the notion of linguistic division is put forward, it is misrepresented, and untruths are spread.

The words that interest me the most are “convergence” and “cooperation.” [Translation] [Jean-Marie Nadeau, Président de la Société de l’Acadie du Nouveau-Brunswick, Campbellton, 14 September 2011] The issue of boundary changes was most closely connected to the suggestion by Égalité santé that Neguac, Rogersville, and Baie-Sainte-Anne should be part of the Vitalité Health Network. This position was in part based on Égalité santé’s belief that bringing these communities into RHA A was the best way to ensure Francophone control of their services, and thus improve provision of health care for Francophones.

However, representatives from those communities were vehemently opposed to any suggestion that they be moved from RHA B. Their substantial concern was that such a move would inevitably lead to decreasing the catchment area of the Miramichi Regional Hospital, and thus weaken the level of care provided there. In contrast with the suggestion that they as Francophones were unlikely to receive quality health care from an RHA B facility, they reported pride and satisfaction in the successes which had been achieved in providing such services.

They were strongly of the view that a transfer to RHA A would be a move backwards in terms of health outcomes for their communities. The Committee considers it significant that not a single representative of a geographic community asked to be transferred to the other RHA. Instead,

40 60-61 Elizabeth II, 2011-2012 November 30 presenters expressed an overarching loyalty to their region based, not on language, but on their place in the community as a geographic entity. To these New Brunswickers, repeatedly raising the spectre of transfer to another RHA created uncertainty and threatened to divide a community which was united across linguistic lines. The majority of presenters strongly believed that quality health care delivery should trump organizational structure. They equated quality health care with provision of local bilingual services rather than dual delivery models.

New Brunswickers do not identify themselves as residents of one or the other RHA. They support improved co-operation between RHAs and between local care and centres of specialized care. We think that it is time to foster a global vision of health system delivery based on values such as those promoted by the World Health Organization (WHO) under their Towards Unity for Health strategy.

These values are quality of services, equity of services, pertinence and cost-effectiveness. [Aurel Schofield, Centre de formation médicale du Nouveau-Brunswick, written submission] The Committee also recognizes the advantage that maintaining the present boundaries provides in terms of lessening confusion, facilitating elections, tracking population health statistics over time, and promoting stability in the organization and ability to manage and improve health services. 2. The essential nature and integrity of RHAs as regional entities should be respected.

The importance of linguistic rights is well known and acknowledged, enshrined in statute and in some cases constitutionally, and intertwined in the unique fabric of New Brunswick society. The 2010 reforms further reiterated this, providing greater clarity and assurance as to the working language of the RHAs.

What the Committee heard was the substantial over- arching commitment of New Brunswickers to the place they call home, beginning with a fierce love for the local community in which they live, work, and raise their families and radiating outward into a strong sense of ownership and community with the province as a whole. New Brunswickers understand the important role which health services play in the viability of their communities. While they understand that New Brunswick’s population and resources are limited, they know that local services are accessible services.

Their clear preference was that RHAs be organized in ways which understand and support a strong regional focus in health care delivery. 3. Medical Centres and local linguistic communities which are served by such Centres should remain attached to the RHA in which they are geographically located.

November 30 Journal of Assembly 41 There was a suggestion by Égalité santé that it might be preferable to transfer Centre communautaire Sainte-Anne in Fredericton, Centre Communautaire Samuel de Champlain in Saint John, and Conseil communautaire Beausoleil in Miramichi from RHA B to RHA A. However, representatives from those health centres felt that would be a step backward. Since its inception, we have been working with the Horizon Health Network in this cooperative spirit to improve health services for Francophones in our respective regions.

Moreover, the presence of Francophones on the authority’s board of directors means that senior managers are well aware of the needs that exist and the responsibilities they have toward Francophone citizens.

This board presence and the team spirit that characterizes our relationship with the authority have enabled us to improve the health services offered to Francophone communities...the executive directors of the three community centres are pleased to be part of the Horizon health authority liaison committee, which ensures implementation of the strategic plan on official languages. [Translation] [Thierry Arseneau, Executive Director of the Centre communautaire Sainte-Anne, Fredericton, 7 September 2011] Efforts should be focused upon integrating centres like Medisanté fully into the RHA of which they are geographically a part, strengthening the interchanges and the involvement of the patients and administrators of these facilities within the heart of the RHA which provides them with their extended services.

This also supports a more efficient acquisition of resources and allocation of staff in these community health centres. The clear advantages of simple borders for both clarity and organizational efficiency were seen as far outweighing the possible benefits of a “honeycombed” or “swiss-cheesed” boundaries map under which Anglophone communities currently within RHA A would be transferred to RHA B and Francophone communities in RHA B would be transferred to RHA A.

In addition to the weakening of regional ties which would result, there was the additional fact that New Brunswick’s increasingly bilingual population expects both RHAs to provide bilingual service and does not wish to divide themselves from their neighbours on the basis of language. In addition, any time boundaries are altered the new division also creates a group within it which has now become a localized minority. The reality of New Brunswick is that our population is vibrant, intertwined, and mobile.

Effort is better spent on strengthening co-operation between RHAs, rather than endlessly redrawing lines on a map which by their very nature will inevitably be arbitrary to some degree.

Part II: Recommendations as to sub-zones within the RHAs 4. Each RHA should be divided into 8 sub-zones, created by dividing the 4 zones within it into two sub-zones.

42 60-61 Elizabeth II, 2011-2012 November 30 Prior to the 2008 reforms, the province’s health care system was managed by 8 regional health authorities: [MAP] Members were elected to the boards of these 8 authorities from geographic sub-zones within them: [MAP] Reinstating elections to the RHAs means that where New Brunswickers formerly elected members to 8 boards, they will now elect members to 2. The constituencies for these board members are created by combining the former sub-zones from the pre-2008 system into new larger sub-zones.

The result is that each zone is sub-divided into two contiguous sub-zones of roughly equal population. [MAPS] Having heard of the importance which New Brunswickers attach to their geographic communities, it is natural to seek a way of structuring the board that ensures strong regional representation. Keeping in mind the impending May 2012 date for the next elections, the Committee recommends an equal division of 2 representatives to each zone. It must be acknowledged that organizing the constituencies geographically in this way, based on equal representation per zone, results in population variances.

The reinstatement of elections removes some responsibilities from the Minister and returns them to the general public. The people of New Brunswick will once again elect the majority of the board. If this is to succeed, communities must take an active interest in ensuring that their representatives are active, informed, and qualified to undertake their duties as board members. Elections will strengthen regional representation, but even the most committed of regional advocates understands the need for our health care system to be an integrated and efficient one, run for the benefit of New Brunswickers as a whole.

We have confidence in New Brunswickers that they will exercise good judgment to elect those whose interest in the health care system does not end at the boundary of their sub-zone. The Minister will strive to incorporate the voices of minority groups and reflect the balance and diversity of the province on each board, albeit with only 7 appointments on each board instead of 17 under the former system.

It will be up to the Minister of Health to choose the seven non-elected members in order to restore regional representativeness and also the gender balance, the age balance, and that of ethnic and Native communities. [Translation] [Dr. Hubert Dupuis, Égalité santé en français N.-B. inc., Moncton, 26 August 2011] While electing or appointing representatives, I think special attention should be placed on having the rural areas and linguistic minority groups well- represented on each board. If you want both the Horizon and Vitalité boards to provide bilingual services, you need members from the other linguistic

November 30 Journal of Assembly 43 community to work on them. [Georges R. Savoie, Miramichi, 8 September 2011] A map showing proposed boundaries for the sub-zones is included in this Report as Appendix C. 5. Eligibility to vote and to be a candidate in each of the sub-zones should be limited to persons whose primary residence is within that sub-zone. A minority of presenters supported allowing voters a choice of whether to vote geographically, based on where they live, or linguistically, based on their official language of choice. Other presenters pointed out the pitfalls of such a proposal.

To begin with the most basic: while the two RHAs have different working languages, both have an absolute commitment to provide services to patients in their official language of choice. It was clear to the Committee that more effort needs to be made to communicate the bilingual reality of health care to New Brunswickers. Some presenters expressed concern that, for example, an Anglophone living in Bathurst would be encouraged or even required to drive past their local hospital to reach Miramichi and an RHA B hospital.

In fact, the bilingual nature of our health system is explicitly designed to avoid such a situation. (I)t is important to remember that anyone can receive health services from either RHA, regardless of where one lives, and that RHAs must provide services in one’s official language of choice. [Jennifer O’Donnell, President, New Brunswick Association of Speech-Language Pathologists and Audiologists, Bathurst, 9 September 2011] (

A) health authority is not a private club. All the services in New Brunswick are for all the citizens in New Brunswick. [Jean-Marie Nadeau, Président de la Société de l’Acadie du Nouveau-Brunswick, Campbellton, 14 September 2011] The goal is obtain for the patient the twin advantages of local care and specialized care within an efficient province-wide system. Since the local RHA is the primary care giver, that is where the patient should cast their ballot.

Too much emphasis on the linguistic differences between the RHAs obscures the reality of our integrated, bilingual health care system, and pulls against the reality of the province as an increasingly intertwined, bilingual community. With so much goodwill and so much progress to provide services in the patient’s language of choice, it would be a step backward to suggest voters separate themselves from their neighbours based upon the difference in the two RHAs internal language of work. Whatever the RHAs are internally, externally they are bilingual care providers, and it is that care which concerns the voter.

44 60-61 Elizabeth II, 2011-2012 November 30 There is a commitment to foster and provide proper support to localized language minorities. Central to this is a desire that such groups are not marginalized but are integrated into their regional health system. If we allowed voting across geographic boundaries, the indications we received are that most would not take that option. Some would, however, dividing that minority community against itself and weakening its influence in their home region.

A system of voting across regional boundaries would also add significant costs and complexity to the system of voting and counting ballots on election day. It would also create the possibility that a number of electors, perhaps even a determinative group, would find themselves located outside the board member’s sub-zone, creating issues around travel costs, accountability, and representation. For all these reasons, it is felt that the best way to foster a viable system of representation is to have both those who vote and those who are voted for from the same contiguous geographic area.

New Brunswickers have many attributes and there are innumerable ways in which they could be grouped and represented, including language, gender, age, and occupation. The selection of geographic criteria reflects practical considerations in the organizing of elections and management of health care, as well as the public’s interest in local services. It is not a denigration of other important factors to recognize that geographic alignment of constituencies is ultimately more practical than the alternatives.

For example, the Committee notes that the new board members will represent areas so large that all will contain both urban and rural populations. This does not reflect a disparaging of either group’s identity as such, or negate the importance of both receiving services. Rather, it is a reflection of the reality of modern New Brunswick life. Our cities are not so large as to have lost emotional contact with the countryside which surrounds them. Our rural areas are not so remote that the citizens do not regularly have contact with the urban centres to shop, work, and socialize.

Life in New Brunswick should incorporate the best of both worlds by integrating the best features of each. Our governing system should understand that pitting one group against another serves neither. The Committee understands the value of a board which is representative of our province’s diversity, and the strength that a multitude of backgrounds will bring to the RHA boards. It recommends that the government encourage all New Brunswickers to become involved in the reinstated elections process, both as voters and as candidates.

Every effort should be made to encourage wide participation of a diverse pool of New Brunswickers in terms of language, gender, interest and background. In

summary, the Committee does not recommend allowing persons to vote in the RHA outside their regional area. We feel the possible value in providing such a choice would be outweighed by the confusion, additional

November 30 Journal of Assembly 45 expense, and physical disconnect between voters and their representatives which may result. (I)f they are to represent the members of that community they need to be present and available to that community. They would have firsthand knowledge of how health care is run in that region, the accessibility issues that may be occurring and the specific needs of that community by being a resident. [Pauline Watt, New Brunswick Association of Dietitians, Written Submission] 6.

Persons residing in zone 1 (Beauséjour/Southeast), should be given the choice of RHA in which they cast their ballot. The overlapping jurisdiction of the RHAs in zone 1 is a reflection of the history and present reality of settlement patterns within the region. Just as we do not feel that it would be successful to attempt to extend the overlapping pattern of zone 1 across the province, neither do we feel it would be advisable to attempt to separate out the various parts of zone 1 in a dubious effort to force its conformity with the pattern elsewhere.

Both RHAs operate Regional Hospitals within zone 1, and the reports we receive are that there is exemplary co-operation between the two. Patients quite properly move between facilities managed by different authorities as their health needs dictate, receiving service in their official language of choice. To avoid double-voting, the residents of zone 1 would make a selection of ballot as they did before the 2008 health reforms. [MAP]

Part III: Recommendations relating to rules governing elections and vacancies 7. a. Candidates for seats on RHA boards should be required to have and maintain their primary residence within the sub-zone they represent. b. Board members who transfer their primary residence outside their sub-zone or who are otherwise unable or unwilling to perform their duties as board members should have their seats vacated. c. Vacant seats should be filled by appointment of the Minister of Health with an individual whose primary residence is in the vacated sub-zone. d.

Employees of RHAs, employees of the Department of Health, members and employees of the New Brunswick Health Council, persons holding privileges at a hospital within New Brunswick, Senators, Members of Parliament, and Members of the Legislative Assembly should not be permitted to be candidates for RHA boards. In general, this

section of the work drew the least comment from presenters. There is an obvious advantage in having a common set of rules for elections which are being held simultaneously. At the same time, there is no need to feel obligated to have the same rules where a difference would work better for the RHAs. Common sense should prevail.

46 60-61 Elizabeth II, 2011-2012 November 30 The Committee heard repeatedly of the important role of board members as points of contact for the general public, to bring their concerns and interests into the centre of the decision-making process. While everyone understands that RHA sub-zones will of necessity be large and diverse, the public still sees great value and takes reassurance from having a specific person designated as their representative on the board.

For this reason, the physical separation of the board member from his or her sub-zone would lead to immediate concerns as to their availability and contact with the people they are tasked to represent. It is recommended that this aspect of the requirements be made explicit so that it is understood in advance by would-be candidates. Naturally, there is a desire to replace vacancies in elected positions by by- election. Unlike municipalities, however, the large area of the RHA board sub-zones would require much greater expense and effort – so much so as to make by-elections impractical.

Rather than have a position sit vacant, the Committee recommends it be filled by appointment with an individual whose primary residence is within that sub-zone. The Committee notes that should there be an opportunity to fill the vacated position by by-election due to some other simultaneous event (e.g., a referendum) without substantial increased costs, it would expect the government to provide the electors with that opportunity.

Finally, there was a plurality of support to limit eligibility for candidates to RHAs in order to both avoid conflicts of interest, and to minimize partisanship within the board elections process. The following Bills were introduced and read a first time: By Hon. Mr. Leonard, Bill 6,

An Act to Amend the Electricity Act. By Hon. Ms. Coulombe, Bill 7,

An Act to Amend the Employment Standards Act. Pursuant to Standing Rule 44(4), Mr. Fraser, Opposition House Leader, gave notice that on Thursday, December 1, 2011, Opposition Members’ Business would be considered in the following order: Motion 7, 3 and 5. Hon. Mr. P. Robichaud, Government House Leader, announced that it was the intention of government that the House resume the adjourned debate on the motion for an Address in Reply to the Speech from the Throne.

November 30 Journal of Assembly 47 The Assembly resumed the adjourned debate on the proposed motion of Mr. Bonenfant, seconded by Mr. Killen: THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks of this House to His Honour for the gracious speech which he has been pleased to make to the Legislative Assembly, namely: Fredericton, N.B. November 23, 2011. To His Honour, The Honourable Graydon Nicholas, Lieutenant-Governor of the Province of New Brunswick.

May It Please Your Honour: We, Her Majesty’s most dutiful and loyal subjects of the Legislative Assembly of the Province of New Brunswick, now in session, beg leave to extend our humble thanks to Your Honour for the gracious speech which Your Honour has addressed to us, and we assure Your Honour that all matters which may be submitted to us during the session will receive our most careful attention and consideration. And the debate continuing, at 12.30 o’clock p.m., Mr. Speaker left the chair to resume again at 2 o’clock p.m. 2 o’clock p.m. Mr. Speaker resumed the chair.

And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Lifford took the chair as Acting Speaker. And after some further time, Mr. Speaker resumed the chair. And the debate continuing, after some time, it was on motion of Mr. McLean, on behalf of the Honourable the Premier, adjourned over. And then, 6 o’clock p.m., the House adjourned. The following document, having been deposited with the Clerk of the House, was deemed laid upon the table of the House pursuant to Standing Rule 39: Legislative Activities 2010 November 29, 2011

48 60-61 Elizabeth II, 2011-2012 December 1 Daily sitting 6 Thursday, December 1, 2011 1 o’clock p.m. Prayers. The Honourable the Premier laid upon the table of the House a document entitled Government Plan on Official Languages, Official Bilingualism - A Strength, 2011-2013. Hon. Mr. Higgs laid upon the table of the House a document entitled Comprehensive Integrated Tax Coordination Agreement Between the Government of Canada and the Government of New Brunswick. Following Oral Questions, Hon. Mr. P. Robichaud rose on a point of order and submitted that Mr.

Albert used unparliamentary language when he referred to the Premier as “incompetent”. The Member withdrew the remark. Hon. Mr. Higgs gave Notice of Motion 15 that on Wednesday, December 7, 2011, he would move the following resolution, seconded by the Honourable the Premier:

WHEREAS the Government of New Brunswick entered into the original Comprehensive Integrated Tax Coordination Agreement with the Government of Canada to harmonize the Federal Goods and Service Tax and provincial sales tax on October 18, 1996; and

WHEREAS the provincial Harmonized Sales Tax Act came into force on April 1, 1997; and

WHEREAS the provinces of Ontario and British Columbia have subsequently entered into their own agreements with the Government of Canada using an updated agreement template, which has now also been adopted by the provinces of Nova Scotia and Newfoundland and Labrador; and

WHEREAS the original Comprehensive Integrated Tax Coordination Agreement required amendment in order to function properly and to give New Brunswick the same benefits as other harmonized jurisdictions; and

WHEREAS a copy of this amended agreement has been tabled in this House and subsection 2(3) of the Harmonized Sales Tax Act requires the Minister of Finance to introduce for consideration of the

December 1 Journal of Assembly 49 Legislative Assembly a resolution respecting the change or agreement under subsection 2(2);

BE IT RESOLVED that the Legislative Assembly ratify and confirm the succeeding Comprehensive Integrated Tax Coordination Agreement entered into between the Province of New Brunswick and the Government of Canada. Mr. Fraser requested the unanimous consent of the House to vary the order of consideration of Opposition Members’ Business, and unanimous consent was denied. Hon. Mr. P. Robichaud gave notice that on Tuesday, December 6, 2011, Bills 2, 3, 4, 5, 6 and 7 would be called for second reading. Pursuant to Notice of Motion 7, Mr. Melanson moved, seconded by Mr. Collins:

WHEREAS Halifax Shipyard has been awarded a $25-billion contract to build new combat ships for the Canadian Navy;

WHEREAS Rona Ambrose, the federal Minister of Public Works and Government Services, the department that handles procurement, said the contracts will provide 75 million hours of work and 15 000 jobs annually over the next 30 years;

WHEREAS this contract represents an important economic opportunity not just for Halifax, but for the entire Atlantic region, including New Brunswick;

WHEREAS there could be valuable opportunities for New Brunswick businesses with skilled workers to benefit from the shipbuilding contract in subcontract and supply work;

WHEREAS more New Brunswick workers would like the training to be able to participate in these skilled labour opportunities;

WHEREAS the former Liberal government made considerable investments in NBCC and CCNB to position the colleges to offer the trades training that will be required for many of these jobs, with plans to add 1 500 more seats to the college systems;

50 60-61 Elizabeth II, 2011-2012 December 1 BE IT THEREFORE RESOLVED that the Legislative Assembly urge the government to immediately develop a comprehensive strategy to maximize opportunities for New Brunswick businesses and workers. And the question being put, a debate ensued. And after some time, Hon. Mr. P. Robichaud, seconded by Hon. Ms. Coulombe, moved in amendment: AMENDMENT That Motion 7 be amended: By replacing the final

WHEREAS clause with: “WHEREAS the NBCC and CCNB are able to offer the trades training that will be required for many of these jobs;” And, in the Resolution clause, by deleting the word “immediately” and adding the words “connected with the recently awarded Halifax Shipyard contract” after the words “maximize opportunities”. Mr. Speaker put the question on the proposed amendment and a debate ensued. And after some time, due to the unavoidable absence of Mr. Speaker, Mr. Tait took the chair as Acting Speaker. And after some further time, Mr. Speaker resumed the chair.

And the debate being ended, and the question being put, the amendment was adopted. Mr. Speaker put the question on Motion 7 as amended as follows:

WHEREAS Halifax Shipyard has been awarded a $25-billion contract to build new combat ships for the Canadian Navy;

WHEREAS Rona Ambrose, the federal Minister of Public Works and Government Services, the department that handles procurement, said the contracts will provide 75 million hours of work and 15 000 jobs annually over the next 30 years;

December 1 Journal of Assembly 51

WHEREAS this contract represents an important economic opportunity not just for Halifax, but for the entire Atlantic region, including New Brunswick;

WHEREAS there could be valuable opportunities for New Brunswick businesses with skilled workers to benefit from the shipbuilding contract in subcontract and supply work;

WHEREAS more New Brunswick workers would like the training to be able to participate in these skilled labour opportunities;

WHEREAS the NBCC and CCNB are able to offer the trades training that will be required for many of these jobs; BE IT THEREFORE RESOLVED that the Legislative Assembly urge the government to develop a comprehensive strategy to maximize opportunities connected with the recently awarded Halifax Shipyard contract for New Brunswick businesses and workers. And the question being put, Motion 7 as amended was resolved in the affirmative. Pursuant to Notice of Motion 3, Mr. D. Landry moved, seconded by Mr. Bertrand LeBlanc:

WHEREAS the Minister of Natural Resources publicly stated on November 3, 2011, the “need for stronger regulations on the emerging industry” of shale gas exploration;

WHEREAS the Minister of Natural Resources publicly admitted on October 19, 2011, to a “grey area” in the existing regulations surrounding shale gas exploration; BE IT THEREFORE RESOLVED that the Legislature urge the government to announce a moratorium on shale gas exploration and strike a Select Committee of the Legislative Assembly with the mandate to review and hold public hearings on all proposed legislation, regulations, and plans for monitoring and oversight of the shale gas industry, and to make final recommendations to the Legislative Assembly. And the question being put, a debate ensued.

52 60-61 Elizabeth II, 2011-2012 December 1 And after some time, Hon. Mr. Northrup, seconded by Hon. Mr. P. Robichaud, moved in amendment: AMENDMENT That Motion 3 be amended by: In the first

WHEREAS clause, by replacing the word “the” following the words “on November 3, 2011," with the words “that there is a” and replacing the word “exploration” with “development”; By inserting the following two

WHEREAS clauses immediately before the resolution clause: “WHEREAS the previous Liberal Government, which includes the vast majority of the members of the current Official Opposition, was supportive of developing a shale gas industry in New Brunswick without instituting comprehensive regulation to protect our Province;” “WHEREAS the current Government is committed to ensuring that any development of natural gas, including shale gas, is done in a responsible and strongly regulated manner that protects our watersheds, the health of our residents and the environment;” In the Resolution clause, by replacing all the words following “urge the government to” with “commit to providing and enforcing a regulatory regime that will protect our residents’ health, our ground water, and our environment prior to allowing the extraction of shale gas, in the event that it is established that we have a viable industry in our Province”; And by adding the following resolution clause at the end of the motion: “BE IT FURTHER RESOLVED that the Legislature urge the government not to allow the development of a shale gas industry in our Province if it is not properly regulated to protect our residents’ health, our ground water, and our environment.” Mr.

Fraser rose on a point of order and submitted that the proposed amendment was out of order as it was a direct negative to the motion under consideration. Hon. Mr. P. Robichaud spoke on the point of order. Mr. Speaker ruled the point not well taken as the proposed

December 1 Journal of Assembly 53 amendment retained certain elements of the original motion and did not result in a direct negative. Mr. Speaker put the question on the proposed amendment and a debate ensued. And after some time, Mr. Speaker interrupted proceedings and announced that the hour of daily adjournment had arrived. And then, 6 o’clock p.m., the House adjourned. The following document, having been deposited with the Clerk of the House, was deemed laid upon the table of the House pursuant to Standing Rule 39: Annual Report 2010-2011 Public Safety November 30, 2011

54 60-61 Elizabeth II, 2011-2012 December 2 Daily sitting 7 Friday, December 2, 2011 10 o’clock a.m. Prayers. The Order of the Day being read that the House proceed to take into further consideration the proposed Address in answer to His Honour’s speech at the opening of the session, The Assembly resumed the adjourned debate on the proposed motion of Mr. Bonenfant, seconded by Mr. Killen: THAT the following Address be presented to His Honour the Lieutenant-Governor to offer the humble thanks