DEBATES AND PROCEEDINGS

Speaker: Honourable Murray Scott

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

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First Session

WEDNESDAY, MAY 4, 2005

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HALIFAX, WEDNESDAY, MAY 4, 2005

Fifty-ninth General Assembly

First Session

2:00 P.M.

SPEAKER

Hon. Murray Scott

DEPUTY SPEAKERS

Mr. James DeWolfe, Ms. Joan Massey, Mr. Daniel Graham

MR. SPEAKER: Before we begin the daily routine, the subject for this evening's late debate was submitted by the honourable member for Kings North:

Therefore be it resolved that this government's initiative in increased funding to the Nova Scotia Community College is one of the most important contributions to post-secondary education that any Nova Scotia Government has undertaken.

That will be debated this evening at 6:00 p.m.

PRESENTING AND READING PETITIONS

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

MR. WILLIAM ESTABROOKS: Mr. Speaker, I beg leave to table a petition on behalf of 119 post-secondary students in this province requesting this government reduce tuition fees. As a proud parent of a daughter who attends the Nova Scotia College of Art and Design, I have affixed my signature.

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MR. SPEAKER: The petition is tabled.

The honourable member for Cape Breton South.

MR. MANNING MACDONALD: Mr. Speaker, I beg leave to table a petition signed by Nova Scotians concerned about the high and ever-rising costs of post-secondary education. I have affixed my signature.

MR. SPEAKER: The petition is tabled.

The honourable member for Hants East.

MR. JOHN MACDONELL: Mr. Speaker, I beg leave to table a petition of 831, when I signed this petition, for support of a satellite dialysis unit in East Hants. I signed and support it.

MR. SPEAKER: The petition is tabled.

The honourable Leader of the Official Opposition.

MR. DARRELL DEXTER: Mr. Speaker, I beg leave to table a petition signed by 120 post-secondary students in the Province of Nova Scotia, the operative clause which reads:

"Therefore your petitioners call upon the Legislative Assembly of Nova Scotia to: Make a considerable re-investment in core funding to Nova Scotia's post secondary institutions."

I have affixed my signature.

MR. SPEAKER: The petition is tabled.

The honourable member for Kings North.

MR. MARK PARENT: Mr. Speaker, it is my pleasure to introduce in the east gallery a good friend of mine, and a representative of the people, who represents the people at the school board level. Jenny White is one of the representatives for the area that I represent on the provincial level, and she is accompanied by Therese Forsythe, who will be introduced more fully later by the Minister of Education.

Right now I would just like to introduce to you and ask the House to give a warm welcome to Jenny White. We'll ask Jenny to rise. (Applause)

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MR. SPEAKER: We welcome our guest to the gallery today, and hope she enjoys the proceedings.

PRESENTING REPORTS OF COMMITTEES

MR. SPEAKER: The honourable member for Halifax Fairview.

MR. GRAHAM STEELE: Mr. Speaker, I beg leave to table the Annual Report of the Standing Committee on Public Accounts for 2003-04.

MR. SPEAKER: The report is tabled.

TABLING REPORTS, REGULATIONS AND OTHER PAPERS

MR. SPEAKER: The honourable Minister of Education.

HON. JAMES MUIR: Mr. Speaker, in response to the request of the member for Preston yesterday during Question Period, I'm tabling a press release which contains information on the agreement reached between the Halifax County District School Board and the residents of Cherry Brook, Lake Loon, East Preston and North Preston. We weren't able to provide a copy of the original agreement which was reached between the parties in 1975, but as I understand it progress has been made on many of the issues of concern. In addition, there is still a monitoring committee in place under the current Halifax Regional School Board, which involves school board members, school board officials and members of the community. The Halifax Regional School Board may be able to provide more information about that. I'm pleased to table that information.

MR. SPEAKER: The document is tabled.

The honourable Minister of Environment and Labour.

HON. KERRY MORASH: Mr. Speaker, as was requested in Question Period the other day by the member for Preston, I'd like to table a summary of expenses for 2003-04-05 for Mr. Gary Dean, who is a Workers' Compensation Board member.

MR. SPEAKER: The document is tabled.

STATEMENTS BY MINISTERS

MR. SPEAKER: The honourable Minister of Justice.

HON. MICHAEL BAKER: Mr. Speaker, I rise in the House today to bring some clarity to discussions held here yesterday concerning pay-for-performance policies of this

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government for Crown Corporations, members of agencies, boards and commissions, senior officials and civil servants. I want to make it abundantly clear that this government has always been and remains committed to the principles of openness, transparency and accountability.

Nova Scotians have every right to know exactly how much they are compensating the people who work in their service. In recognition of that, Mr. Speaker, our current practice sees the total compensations of all civil servants published in the Supplement to the Public Accounts, and any pay-for-performance amount awarded to an employee is included in that amount. This government has supported the provisions of pay for performance as part of the compensation package for its employees as a means of recognizing and encouraging exemplary performance.

Mr. Speaker, with regard to pay-for-performance awards and the communication of those awards to the public, this government has made the following decisions:

1. We commit to an immediate review of pay-for-performance policies for senior officials of Crown Corporations. (Applause) We will require them to publicly report pay-for-performance awards on a routine basis and in a timely fashion.

2. We will ensure that there is appropriate accountability to the Executive Council and the respective minister responsible for the Crown Corporation.

3. Effective today, we have made a change with regard to pay for performance for senior officials, Mr. Speaker. (Applause) From today onward, agreement by senior officials to a timely and routine release of pay-for-performance awards is a condition of their participation in the pay-for-performance plan. In other words, if a senior official wishes to participate in the pay for performance plan, they must consent to a routine and timely public communication of any award they receive under the plan.

Mr. Speaker, our commitment to be more transparent around pay for performance for senior officials is already apparent in this example. The list of senior officials' pay for performance awards released in July last year covering 2002-03 awards was accurate, although it was not as transparent as it could have been or should have been. This has been rectified. The list released just last week for 2003-04 is more complete and transparent. There is a better way of providing the information and this is the way it will be provided in the future.

I would also point out that senior officials' employment contracts, as well as a myriad of other government information, are now available on a routine access basis. No FOIPOP application is required, it is as simple as picking up the phone and asking.

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Mr. Speaker, government today also commits to review the disclosure of pay for performance awards to Civil Service employees. These are the non-bargaining unit employees under the Management Compensation Plan.

Our commitment is clear. Nova Scotians have every right to know how their money is invested in the time and talent of people who serve them and we will continue to see that information is readily available. Thank you, Mr. Speaker. (Applause)

MR. SPEAKER: The honourable Leader of the Official Opposition.

MR. DARRELL DEXTER: Mr. Speaker, what a difference a day makes.

First of all, I would like to thank the minister for providing me with an advance copy of the statement, it's appreciated. I have to say this government will sometimes do the right thing. The unfortunate part, of course, is that they will only do the right thing when they are left with no other alternative. That, I think, is a very unfortunate and circuitous way to arrive at the ends that Nova Scotians seek.

In this particular situation, it has been well over a year-long process. In late 2003, our office applied for the bonuses received by deputy ministers and after a process of extensions we were eventually granted the global amount, but we were told we would not receive the individual amounts. The government claimed this was the personal information under Section 20 of the FOIPOP Act, a submission that was completely and thoroughly rejected by the Review Officer in May, 2004.

Still, the government persisted with their interpretation. What we revealed in the House yesterday, the government then scrambled to do something under pressure from the Opposition and the public to release bonuses. In July they released information for some deputy ministers, which we have established was incomplete. Then when our office approached the Crown Corporations and government agencies for that kind of information, we were told to apply through FOIPOP as well. We did, and over the past nine months they have continued to release this information as we have come to receive it. In each case, the level of public frustration has increased. More troubling, however, was the level of public cynicism also increased with each release of this information because of the way it had to be obtained in the first place.

[2:15 p.m.]

Yesterday, we pressed the government on this very important issue. We asked for a number of different things. We asked for a review across government. The government has responded with a review across Crown Corporations and they will also order the routine disclosure of these bonuses. We asked for the approval by Cabinet of all bonuses. They have responded that there will appropriate accountability - whatever that means - to the Executive

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Council. We have asked that all senior officials' bonuses be disclosed in line with the Review Officer's decision, regardless of what opinion the deputy in question expresses on the matter and the government has finally agreed to follow this recommendation.

We have also made other points, Mr. Speaker, including a moratorium on the practice pending a government-wide review. This was not included in the government's statement. Nor was a timeline given to conduct the review, although we expect the government understands the seriousness of this issue and are prepared to act quickly and report publicly on the findings. There is one element of this statement though that causes me concern. The minister still maintains that the list released for the 2002-03 deputy minister bonus amount was "accurate" although it was not as transparent as it could have been or should have been. This is another example of government spin.

The government knows the list was not accurate and they know that they've scrambled to save themselves from having the embarrassing details leaked out as they did yesterday. It was not a pretty sight to watch the government in retreat from something that they have so strongly defended and endorsed as a blanket of secrecy around this program across government. It is nonetheless, a welcome step forward towards greater accountability and openness on the part of the government. (Applause)

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

MR. MANNING MACDONALD: Mr. Speaker, I too would like to thank the minister for providing a copy in advance. I guess a good defence is a strong offence sometimes, but in this case, not this time. This act of contrition that we're seeing before the House here this afternoon is reactionary, reactionary to say the least. I'm surprised by the minister because this is the minister who never admits he's wrong on anything in this House, since I've been here at least, since he's been in the Executive Council, and today we witness this spectacle of the minister coming before the House and telling all of Nova Scotia that he and his policy are wrong, in this particular regard.

This is an important issue, Mr. Speaker. Nova Scotians deserve to know how taxpayers' dollars are being spent, and talk about developing a policy on the run. Yesterday this matter was disclosed in the House by the Official Opposition and one day later the government is changing its policy. What kind of a government can you allow to run this province, when they can change a policy in one day, because the Opposition Party brings a matter to the House? I believe that if this is going to be a sign of things to come with this government, then it's time we put this government and its policies to rest and elect somebody else in this province who can get the job done. (Interruptions) And I don't mean them.

This, Mr. Speaker, is an issue of communications for Nova Scotians and those within government. Talk about FOIPOP, the NDP talked about FOIPOP and the one thing wrong with FOIPOP is that it takes forever to get any information out of them. They talk about an

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open and transparent policy, well, you just try to access anything through FOIPOP. It takes months and months and then you get a ream of paper with everything blacked out on it and you have to go back and ask why that is so. It's just impossible to get any timely information. That's why you have to go to other means of getting the government to come clean on some of their policies.

Now, Mr. Speaker, the Minister of Finance said yesterday - and I'll table this article - that the information does get released and he sees no problem. That was yesterday; today they're changing the policy. The Minister of Finance says yesterday there's no problem; the Chairman of the Treasury and Policy Board today says there is a problem and he's moving to change it. They can't even get their act right in the front benches over there. It's reactionary, and that's not a solid base on which to operate a government. When you react on a daily basis because somebody brings a problem to the floor, all of a sudden the government policy that was good yesterday and explained in the House by the Premier and the minister yesterday that the policy was fine, today it's not fine.

Mr. Speaker, in conclusion, if this government feels that senior civil servants working for the government are worth more money, they should say so. They should say so and they should pay them more money if they feel they're worth it and explain to Nova Scotians why they're worth it and then let Nova Scotians be the judge on whether or not they're worth it.

MR. SPEAKER: The honourable member for Annapolis on an introduction.

MR. STEPHEN MCNEIL: Mr. Speaker, I would like to draw the attention of the House to the west gallery where we have with us today Deborah Pink and seven young Nova Scotians who are all members of the Leave Out Violence; Links Youth Employability Program. I would ask them to stand and receive the warm welcome of the House. (Applause)

MR. SPEAKER: We welcome our guests to the gallery today and hope they enjoy the proceedings. Any further statements by ministers?

GOVERNMENT NOTICES OF MOTION

MR. SPEAKER: The honourable Premier.

HON. JOHN HAMM (The Premier): Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas in the small Dutch town of Zutphen, the short yet valiant life of a young Canadian soldier from Inverness County was honoured Monday for his contribution in the battle to liberate the country's citizens from the tyranny of the Nazis; and

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Whereas Beaton Straat or Beaton Street will now honour the memory and brave actions of a 22-year-old private, Douglas Angus Beaton who was raised on West Bay Road, Inverness; and

Whereas the town has chosen this special anniversary to officially name 10 streets and one bridge after 11 Canadian soldiers who died liberating its people;

Therefore be it resolved that all members of this House join with the people of Holland who are celebrating the freedom awarded to their country 60 years ago. They are thankful recipients of the bravery and the courage of the young soldiers who fought on these foreign shores so far from home so that their nation, too, would live in peace.

I ask members to stand for a moment of silence in memory of this brave Nova Scotian who was not able to return home, but whose life is now being commemorated.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

I would ask all members to rise for a moment of silence, please.

[One minute of silence was observed.]

MR. SPEAKER: Thank you, please be seated.

The honourable Premier.

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

Whereas Roger Bacon's involvement and contributions to politics, to the agricultural industry, and to education are numerous; and

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Whereas Mr. Bacon's leadership was pivotal in the development of the current degree program, in association with Dalhousie University, at the Nova Scotia Agricultural College; and

Whereas Mr. Bacon was responsible for the significant expansion of the Nova Scotia Agricultural College facilities during the 1980s and his leadership laid the foundation for the success the NSAC enjoys today as one of the most research intensive universities in Canada;

Therefore be it resolved that all members of this House congratulate Mr. Bacon on receiving an honorary doctorate during the 100^th convocation ceremony of the NSAC on Friday, May 6, 2005.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable Minister of Agriculture and Fisheries.

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

Whereas the 4-H program was established over 80 years ago to provide Nova Scotia's youth with an opportunity to develop teamwork and other essential skills that will help them as they develop into responsible members of society; and

Whereas the 4-H program is the largest youth organization in the world, with clubs in more than 80 countries and 7 million members worldwide; and

Whereas 4-H members from across Nova Scotia will compete in provincial public speaking and demonstration competitions and other skill development activities during the annual 4-H Weekend at the Nova Scotia Agricultural College in Truro on May 6^th and May 7^th;

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Therefore be it resolved that all members of this House recognize the value and benefits Nova Scotia's youth receive from the 4-H program and offer best wishes to the participants in this year's event.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable Minister of Education.

HON. JAMES MUIR: Mr. Speaker, with your permission, in advance of reading the resolution, I'd like to do an introduction. In the east gallery, I'd like to introduce Therese Forsythe. The National Science Teachers Association, which is an international education organization, has just published a brand new monograph entitled Exemplary Science in Grades 9-12, and it includes 15 success stories - only 15 success stories and most of these are from American schools. However, one of these success stories is about Therese Forsythe and her class of chemistry students at the former Cornwallis High School. The book was edited by Dr. Robert Yager who is a major force in shaping the science curricula across the globe. I would ask Ms. Forsythe to rise and receive the warm and congratulatory greeting of the members of the Assembly on her inclusion in this very exclusive book. (Applause)

MR. SPEAKER: The honourable Minister of Education.

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

Whereas an international organization, the National Science Teachers Association, has just published a book entitled Exemplary Science in Grades 9-12; and

Whereas one of the chapters in the book was dedicated to Therese Forsythe and her chemistry students at the former Cornwallis High School; and

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Whereas Ms. Forsythe was recognized for encouraging students to learn chemistry using integrated technology applications and co-operative learning techniques;

Therefore be it resolved that all members of this House celebrate Therese's success story and her inclusion in this very exclusive book.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable Minister of Health Promotion.

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

Whereas Nova Scotia Health Promotion is sponsoring the Milk Energy Sport Fair taking place at Dalplex starting today until May 6^th; and

Whereas thousands of students from HRM will come to Sport Fair where they will have the opportunity to try more than 30 different sports; and

Whereas we must help our province's youth adopt healthy lifestyle habits, such as sport and physical activity;

Therefore be it resolved that all members of this House recognize Sport Nova Scotia for producing this event that allows Nova Scotia's youth to try on any sport they like, encouraging them to make sport and physical activity part of their lifestyle.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

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It is agreed.

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

The motion is carried.

The honourable Minister of Transportation and Public Works.

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

Whereas hundreds of hard-working volunteers will soon be spending many hours picking up litter from along the highways of Nova Scotia; and

Whereas this work will benefit all Nova Scotians by allowing the natural beauty of this province to shine through for all travellers; and

Whereas all Nova Scotians are called upon to do their part by driving with extra care and caution around clean-up areas;

Therefore be it resolved that this House acknowledge that May 4, 2005 is Adopt-A-Highway Day in Nova Scotia and urge all Nova Scotians to use this opportunity to acknowledge the efforts of these many volunteers.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable Minister of Environment and Labour.

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

Whereas this week is Compost Awareness Week in Canada; and

Whereas Nova Scotians are leaders in composting, using more than 100,000 tonnes of organics every year for gardening rather than throwing away this valuable resource; and

Whereas many Nova Scotia gardeners use their compost to grow food for those in need through the Plant a Row, Grow a Row program, which is supported by Environment and Labour, the Resource Recovery Fund Board, municipalities and business like Halifax Seed;

[2:30 p.m.]

Therefore be it resolved that all members of this House encourage Nova Scotians to continue their commitment to composting and participate in this important program to help their fellow citizens in need.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable Minister of Agriculture and Fisheries.

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

Whereas the Nova Scotia Agricultural College, one of the oldest centres for agricultural education and research in Canada has quietly evolved over the past 100 years into

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an applied-science university of excellence, positively impacting Nova Scotia's agriculture and fishing industries; and

Whereas the NSAC has 100 years of experience in educating and creating the leaders of our globalized food system; and

Whereas we celebrate the NSAC and its students' achievements as Friday, May 6^th, marks the college's 100^th convocation ceremony;

Therefore be it resolved that all members of this House congratulate NSAC class of 2005 for their accomplishments and hard work and wish them luck with their future endeavours.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

INTRODUCTION OF BILLS

Bill No. 186 - Entitled an Act to Amend Chapter 231 of the Revised Statutes of 1989, The Insurance Act and Chapter 240 of the Revised Statutes of 1989. The Judicature Act. (Mr. Darrell Dexter)

MR. SPEAKER: Ordered that this bill be read a second time on a future day.

The honourable member for Cape Breton Centre.

MR. FRANK CORBETT: Mr. Speaker, may I do a short introduction before I introduce this bill. Thank you.

Mr. Speaker, in the west gallery we have a restaurant worker who lives in the Sackville area and her name is Cheryl Noseworthy. I would ask Cheryl if she stand and receive the applause of the House. (Applause)

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Bill No. 187 - Entitled an Act to Amend Chapter 246 of the Revised Statutes of 1989. The Labour Standards Code. (Mr. Frank Corbett)

Bill No. 188 - Entitled an Act to Amend Chapter 1 of the Acts of 1995-96. The Education Act. (Ms. Diana Whalen)

Bill No. 189 - Entitled an Act to Implement Chapter 12 of the Acts of 2004, An Act to Amend Chapter 1 of the Acts of 1995-96. The Education Act. (Mr. David Wilson [Glace Bay])

Bill No. 190 - Entitled an Act to Amend Chapter 1 of the Acts of 1995-96. The Education Act. (Ms. Diana Whalen)

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

NOTICES OF MOTION

MR. SPEAKER: The honourable member for Pictou West.

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

Whereas CBC Newsworld television will broadcast this evening and again on Sunday, a documentary film entitled, The Boys from Pictou; and

Whereas this story focuses on Pictou and its contribution to the Second World War, both overseas and at home; and

Whereas this film is seen through the eyes of Pictonians, including veterans, families who lost loved ones, and war brides;

Therefore be it resolved that the members of this Nova Scotia Legislature congratulate CBC Newsworld for producing this documentary, The Boys from Pictou, and all Pictonians who helped in its production.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

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It is agreed.

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

The motion is carried.

The honourable member for Annapolis.

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

Whereas motorcyclists represent a significant portion of the transportation traffic on Nova Scotia's roads and highways, with over 10,000 motorcycle owners in the province; and

Whereas motorcyclists from abroad are becoming increasingly aware of the dismal state of the roads and highways within this province and the lack of government action to remedy the infrastructure erosion; and

Whereas the month of May has been designated Motorcycle Awareness Month, a month devoted to the awareness of their issues and the need for caution and restraint from motorists with the increasing number of motorcycles on the road;

Therefore be it resolved that the members of the Legislature encourage this government to implement relevant programs and initiatives to repair Nova Scotia's roads so that motorcyclists from abroad can become aware of the beauty within our province.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Kings North.

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

Whereas last week a significant anniversary passed us by in this House of Assembly, as it was April 28, 1907, when Nova Scotia's first motor vehicle law came into effect, requiring registration of all motor vehicles in Nova Scotia; and

Whereas it was during this time of year, 101 years ago, when Mr. Archie Pelton and a Mr. Porter from Kentville went to New York to attend the first automobile show in New York City, while purchasing two Curved Dash Oldsmobiles; and

Whereas the purchase of these automobiles was the beginning of the motor vehicle age in Nova Scotia, which saw 18,000 cars on the road in Nova Scotia by 1923;

Therefore be it resolved that all MLAs in this House of Assembly, while always looking forward, appreciate Nova Scotia's great history, in this case the beginning of the motor vehicle age.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable Leader of the Official Opposition.

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

Whereas today, and all this week, the people of the Netherlands and all the residents of Europe are marking the 60^th Anniversary of Victory in Europe, VE Day; and

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Whereas the threat of a sudden confidence vote had cancelled the participation of Members of Parliament in this important event; and

Whereas yesterday, after intense pressure from veterans, other Canadians and outspoken parliamentarians like Peter Stoffer, MP for Sackville-Eastern Shore, the federal Conservatives agreed to permit an all-Party delegation to participate in the conclusion of the VE commemorations;

Therefore be it resolved that this House thank the Leaders of the federal Parties for finally permitting the participation of Canadians' elected representatives in the commemoration of the 60^th Anniversary of Victory in Europe.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Annapolis.

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

Whereas the Art Gallery of Nova Scotia is currently home to great art from around the world and often showcases the talents of our own extraordinary artisans; and

Whereas the Art Gallery of Nova Scotia works hard to share with its visitors the art of our province, which appears to have slipped the minds and plans of this government; and

Whereas the Department of Tourism, Culture and Heritage has apparently forgotten the number of Nova Scotians who value the art community, whether it be in our province or beyond;

Therefore be it resolved that the members of this House urge this government to give the necessary attention to the Art Gallery of Nova Scotia, and ensure it does not have to cut programs in order to survive.

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Mr. Speaker, I request waiver of notice.

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

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Guysborough-Sheet Harbour.

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

Whereas the Guysborough Journal got a little younger this past March when it gave creative licence to six talented high school students from across Guysborough County; and

Whereas a full page in the paper will be dedicated to youth news, views and creativity, giving the students the opportunity to showcase their talents and abilities; and

Whereas the content and coverage of the issues will be decided through regular meetings of the Journal's new Youth Editorial Board and each student involved will receive an honorarium at the end of the school year;

Therefore be it resolved that all members of this House congratulate the Guysborough Journal for offering such an exciting opportunity to high school students across the county and wish them luck in their future publishing.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

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The honourable member for Cape Breton Nova.

RESOLUTION NO. 3645

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

Whereas Bernie Jessome, through thick and thin has demonstrated his commitment to the New Democratic Party; and

Whereas to this day Bernie Jessome is a fundraiser extraordinaire in Cape Breton Nova; and

Whereas today, May 4, 2005, Bernie Jessome will be celebrating his 69^th birthday;

Therefore be it resolved that Members of the Legislative Assembly wish Bernie Jessome a very happy birthday and wish him many more in the days ahead and acknowledge his dedication and loyalty to the New Democratic Party.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable member for Kings West.

MR. LEO GLAVINE: Mr. Speaker, if I could make an introduction first?

MR. SPEAKER: Yes.

MR. GLAVINE: Turning our attention to the east gallery where Rick Fraughton, Liberal candidate in Chester-St. Margaret's and a group of friends from the South Shore, Rudi Haase, Cathy Pross, Francis Anderson, Gail Martin and Gail Smith. So, if we could give them a warm welcome to the House today. (Applause)

[Page 6963]

RESOLUTION NO. 3646

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

Whereas Ron O'Flaherty, the long-time Executive Director of the Nova Scotia School Athletic Federation will retire after 29 years of outstanding service to the youth of Nova Scotia; and

Whereas during his tenure as director, Ron attracted excellent people to key roles in school sports throughout this province and promoted many initiatives; and

Whereas many people have benefited from his strong leadership and have become better citizens in their communities throughout Nova Scotia and beyond;

Therefore be it resolved that all members of this House recognize Mr. O'Flaherty's 29-year tenure with NSSAF as characterized by approachability, fairness, commitment to excellence and extend best wishes for his retirement.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable Minister of Justice.

RESOLUTION NO. 3647

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

Whereas Terry Fox has inspired many people to get involved with raising money for the fight against cancer; and

[Page 6964]

Whereas for many years South Shore schools have participated in the Terry Fox National School Run Day which is held each September and has raised thousands of dollars for the Terry Fox Foundation; and

Whereas the South Shore Regional School Board has achieved the distinction of being the first school board in Canada to have 100 per cent volunteer participation in the Terry Fox National School Run Day;

Therefore be it resolved that members of the House of Assembly congratulate the South Shore Regional School Board for being Canada's first school board to have 100 per cent volunteer participation in the Terry Fox Run.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable member for Guysborough-Sheet Harbour on an introduction.

MR. RONALD CHISHOLM: Thank you. Mr. Speaker, I'd like to bring to the attention of all members of the House in the east gallery, the Mayor of the Town of Mulgrave is with us, along with Councillor George Freer. They're in talking to some government members and some Cabinet Ministers. I would ask them to rise and receive the warm welcome of the House. (Applause)

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

The honourable member for Timberlea-Prospect.

RESOLUTION NO. 3648

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

[Page 6965]

Whereas this year Nova Scotia's Royal Canadian Legions will send 38 athletes, four chaperones and three coaches to the National Track and Field Championships in Edmonton, Alberta from August 5^th to August 12^th; and

Whereas these young athletes nobly represent our province; and

Whereas these young Nova Scotians must pay for the very uniforms that they wear representing our province;

Therefore be it resolved that the Minister of Health Promotion instruct his staff to cover the cost of the uniforms of the Nova Scotia Athletes competing in the National Track and Field Championships this Summer as an example of support of youth sports in this province.

[2:45 p.m.]

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Digby-Annapolis.

RESOLUTION NO. 3649

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

Whereas residents of South Range and the Sissiboo Roads in Digby County, must endure roads which consists of holes surrounded by mud as featured on the Liberal caucus Web page, "Neglected Road of the Weak"; and

Whereas in the Spring residents of South Range Cross Road and the Sissiboo Road must do without service of emergency vehicles because of the condition of their road; and

Whereas residents of this area are beginning to feel as neglected as their road.

[Page 6966]

Therefore be it resolved that the members of the House direct the Minister of Transportation and Public Works to act immediately to repair this safety hazard on these mud roads.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

I hear a No.

The notice is tabled.

The honourable Minister of Service Nova Scotia and Municipal Relations.

RESOLUTION NO. 3650

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

Whereas Councillor Bob Harvey, a good friend of mine and former colleague was recently featured in the "Our People" section of the Bedford-Sackville Weekly; and

Whereas Bob was featured for celebrating his Irish connections on Saint Patrick's Day; and

Whereas Bob continues to be a strong voice for the people he represents in District 20;

Therefore be it resolved that all members of this House join me in sending along our appreciation to Bob Harvey for his tireless efforts to improve the community in which he lives.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

[Page 6967]

The motion is carried.

The honourable member for Cape Breton West.

RESOLUTION NO. 3651

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

Whereas tourism is one of the cornerstones to the economy of communities within Cape Breton West; and

Whereas in the past 10 years there have been considerable developments and expansions of businesses along Route 4, such as Rita's Tea Room, McPherson Cottages, Big Pond Beach in Big Pond, Ski Ben Eoin with more than 4,100 members, the Birches at Ben Eoin, a (four-star inn) Ben Eoin Beach and campground and Me and the Mrs. Food Bar and Variety store; and

Whereas much of these developments is due to recent upgrades of Route 4, benefitting residents, businesses and visitors alike;

Therefore be it resolved that the provincial government be encouraged to continue this good work on Route 4, which is part of the national highway system.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable member for Halifax Atlantic.

RESOLUTION NO. 3652

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

[Page 6968]

Whereas all-terrain vehicles are a valuable tool for many people living and working in rural areas; and

Whereas they have also become a popular recreational diversion in more populated areas, with their loud engines being one of their outstanding features and to some people their most attractive; and

Whereas there are currently no regulations governing the use of off-highway vehicles in Nova Scotia, or requirements of owners and operators;

Therefore be it resolved that the provincial government follow through on the promise of the wide consultations of the past year and introduce legislation to implement the Voluntary Task Force recommendations on off-highway vehicles without delay.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Victoria-The Lakes.

RESOLUTION NO. 3653

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

Whereas in January 2000, John Morris Rankin was killed when his vehicle went off the road and down a steep incline in Whale Cove; and

Whereas since this tragedy, the residents have been begging and pleading with the Department of Transportation for a guard rail where the accident occurred; and

Whereas the winding road coupled with the winter driving conditions makes this area extremely dangerous for residents, school busses and the emergency medical vehicles which must travel the road daily;

Therefore be it resolved that the members of this House recognize the importance of keeping Nova Scotian roads safe on our roads and urge government to act immediately to

[Page 6969]

give the residents of Whale Cove and surrounding area their guard rail and, more importantly, their peace of mind.

Mr. Speaker, I request waiver.

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

Is it agreed?

I hear a No.

The notice is tabled.

The honourable Minister of Justice.

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

Whereas Cape Breton Regional Police Chief Edgar MacLeod recently returned from Markham, Ontario, with a prestigious award for national leadership; and

Whereas Chief MacLeod, President of the Canadian Association of Chiefs of Police, was selected over three Ontario police officers, and one from Vancouver, in winning the Police Leadership Forum of Canada 2004 Leadership Award; and

Whereas this particular award is based on a variety of standards, including the development of strategies, the ability to identify and meet community needs, and the ability to learn continuously and garner results from that learning;

Therefore be it resolved that the House of Assembly commend Chief Edgar MacLeod on his winning of this highly prestigious national award and wish him continued success in the world of law enforcement.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

[Page 6970]

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

The motion is carried.

The honourable Minister of Education.

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

Whereas Logan Paul of Millbrook was named the 2004 Outstanding Male Athlete 15 Years and Under at the Truro Sport Heritage Society's 21^st Annual Sports Awards Dinner for his achievement in boxing; and

Whereas Logan Paul, in 2004, won a provincial championship, earned a bronze medal in a national championship, and is also Indigenous Champion; and

Whereas Logan, a Grade 9 student at Onslow Junior High, is an active volunteer in his community and a role model for other youth;

Therefore be it resolved that all members of this House congratulate Logan Paul on being named the 2004 Outstanding Male Athlete 15 Years and Under by the Truro Sport Heritage Society and wish him continued athletic and scholastic success.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

The honourable Minister of Community Services.

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

[Page 6971]

Whereas a discovery at Blue Beach, situated at Hants Border near Hantsport, has intrigued the fossil world; and

Whereas the New Mexico Museum of Natural History in Albuquerque is excited about the fact that not only footprints were discovered by amateur collector, Chris Mansky, but also bones 350 million years old; and

Whereas besides his collecting Mr. Mansky is also the curator of the Blue Beach Fossil Museum and Research Site;

Therefore be it resolved that all MLAs applaud the world attention presently being focused on Blue Beach, near Hantsport, due to the excellent work being undertaken by Chris Mansky and his partner, Sonja Wood.

Mr. Speaker, I request waiver of notice.

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

Is it agreed?

It is agreed.

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

The motion is carried.

ORDERS OF THE DAY

ORAL QUESTIONS PUT BY MEMBERS

MR. SPEAKER: Question Period will begin at 2:53 p.m. and will end at 4:23 p.m.

The honourable member for Hants East.

NAT. RES. - WILDLIFE SANCTUARIES: DELISTING - PROTECTION

MR. JOHN MACDONELL: Mr. Speaker, I have written the minister, I have asked questions in this House, and I'm frustrated that I must stand once again in the House to demand protection for our wildlife and their habitat in our current sanctuaries and wildlife management areas.

Mr. Speaker, I will table a quote in an article from Rural Delivery by Bob Bancroft, a former wildlife biologist with the Department of Natural Resources, where Mr. Bancroft

[Page 6972]

says: "I think at this stage if we've got any healthy forests with mature and multi-aged trees, we should be looking at protecting them." So my question for the Minister of Natural Resources is, what plans does the minister have to protect these areas once they are delisted?

HON. RICHARD HURLBURT: Mr. Speaker, I would like to put on the record again today, as I answered a week ago, that there has been no sanctuary delisted in this province.

MR. MACDONELL: Mr. Speaker, I want to thank the minister for his answer, he was paying attention to the question.

Currently Nova Scotia's protected lands equal just 8 per cent. Lunenburg County currently has no protected lands and Cumberland County has just 1 per cent. So that article that I previously tabled stated that once these areas are delisted they "will be classified as Category 1 under DNR's Integrated Resource Management (IRM) system" - which is considered a general use category, which is no protection at all. So will the minister please clear the air and verify the level of protection these areas will receive?

MR. HURLBURT: Mr. Speaker, through you to all members of the House, I can tell all members and all citizens of Nova Scotia the sanctuaries are still in place to this day. There is a review going on until May 31^st and then we will be making our decisions based on the information that we got from the citizens at large.

MR. MACDONELL: Mr. Speaker, yes, the timing will be great, because I expect that there will be no sitting of the House then and no way to get back to the minister. Reviewing these areas with the predetermined objective of delisting them does nothing to help protect our forests and the wildlife that calls this habitat home. We really need a discussion about what should be done with these area. So my question for the minister is, citizens concerned about the fate of the Blandford Game Sanctuary are here in the gallery today, Mr. Minister, will you meet with this group and discuss their concerns?

MR. HURLBURT: Mr. Speaker, that member opposite knows very well that he can dial a phone and he can call this minister any day of the week and he has done that in the past and he will do it in the future, but, absolutely, I will meet with that group after Question Period today.

MR. SPEAKER: The honourable member for Glace Bay.

HEALTH - PRIVATE HOSPITALS: PREM. - AWARENESS

MR. DAVID WILSON (Glace Bay): Mr. Speaker, last week the Premier and the Minister of Health awoke one morning and-poof!-before their very eyes a private hospital had mysteriously appeared, one that they weren't even aware was in existence. Then we heard of a private clinic that is going to be open for eye surgery. Today we have learned that there is

[Page 6973]

a third private facility set to open in Halifax and yet another surgeon at the QE II is set to perform plastic surgery at this newest private health care facility, which will be located at Bishop's Landing.

My question for the Premier, Mr. Speaker, is, Mr. Premier, are you aware of this latest private hospital?

THE PREMIER: Mr. Speaker, I'll refer that to the acting minister.

HON. JAMES MUIR: Mr. Speaker, I just want to get the facts straight. You were talking about a plastic surgery clinic going down on Bishop's Landing. I understood, from last week's conversation, that was in Dartmouth, so I was wondering if maybe he would clarify in his (Interruptions)

MR. DAVID WILSON (Glace Bay): Mr. Speaker, I'll shake my head at that answer. There are private health care facilities popping up in this province like mushrooms after a rainstorm, and the Premier and the government don't seem to know and they don't seem to care. These private facilities, as the Premier knows, are creating huge challenges for our public health care system. We have a shortage already of anesthesiologists, of technicians and nurses, and, thanks to this government, new options have been created now for specialists who are currently practising or potentially interested in coming to this province and what I mean is that there a more lucrative, less stressful private health care system that's popping up, competing with the overburdened public health care system. Now, it has been revealed, a third private facility for Nova Scotia.

Mr. Speaker, my question again to the Premier is, does the Premier have any idea how many of these private surgical facilities exist and where they're going to be located in your province?

THE PREMIER: I'll refer that to the acting minister.

MR. MUIR: Mr. Speaker, in terms of the service to which I think the honourable member is referring, there is the MRI clinic which is out in the western part of Halifax. But I want to tell all members of the House, and that member as well, that there are probably a number of private medical services up in his own constituency such as physiotherapists, dentists and all of these things. When we're talking about private services, we have to be very careful about those things of which we speak.

MR. DAVID WILSON (Glace Bay): Mr. Speaker, please this question to the Premier. Don't give me him again, Mr. Premier, please answer the question. There are specialists who are recognizing the government's failure to manage the health care system. As a result, they're creating private options to fill the void. This government has now created an entire new growth system in the form of private health care in this province. They don't seem to

[Page 6974]

know and they don't seem to care that there's now a third private facility coming to Nova Scotia.

[3:00 p.m.]

So my final question for the Premier, what is the Premier going to do then to protect publicly funded health care in this province from what is now a rapidly growing private health care industry?

THE PREMIER: As a particular favour to the member for Glace Bay, I will not pass the question over. What the member opposite can be assured of is that our Department of Health and our minister will not make a decision, other than those decisions that will improve health care for the people of Nova Scotia.

MR. SPEAKER: The honourable Leader of the Official Opposition.

HUM. RES. - DEP. MIN. BONUSES: MISINFORMATION - EXPLAIN

MR. DARRELL DEXTER: My question is for the Premier. Yesterday we tabled a series of e-mails about the bonus that was paid to the Deputy Minister of Education but was not disclosed to the public. Nova Scotians were told that the deputy was not eligible for a bonus although the government had, in fact, paid him a bonus of more than $4,000. The Premier said yesterday that he was caught cold by the issue. Now he has time to read the e-mails and learn for himself what was done to cover up this bonus.

So my question for the Premier is a simple one. Will the Premier explain why his office knowingly provided Nova Scotians with wrong information about the bonuses paid to deputy ministers?

THE PREMIER: In answering this question I will correct something that the member had said earlier to the House that the information for 2002-03 had only been recently provided. I have in this hand something that was taken off of the government Web site that was posted on July 9, 2004. It is a list of the pay for performance payments to chief executive officers or deputy ministers in the province. It is an accurate list. Opposite the name of Dennis Cochrane it indicated that pay for performance, Mr. Cochrane was not eligible. Technically that was correct because it was in his contract that he not receive pay for performance. But we did learn subsequently that the terms of his contract allowed him to have an MCP payment but it was the policy of the government not to publish MCP payments. Therefore it was not included in this list.

On reflection, I have in this hand the published list of payments that were incurred in 2003-04 and among those declarations in the name Dennis Cochrane, the Deputy Minister of Education and there is an amount there of $4,050. It's not a pay for performance, it is an

[Page 6975]

MCP payment. We made a decision long before that member brought this to the attention of the House that we could do a better job in being transparent and we put it on the list because it was more transparent and more accurate.

MR. DEXTER: I really hope that the Premier knows how wrong he is. I'm going to table here an e-mail dated June 16^th, from Cathy Shaw to Howard Windsor and it says "Howard, we are planning to release this tomorrow." Now I am going to table what they were going to release dated June 10^th, which is a list of deputy ministers' bonuses. The attached list actually shows Dennis Cochrane's bonus.

Now I'm going to table what was actually released - an altered list that removed Mr. Cochrane's bonus. He is listed as not eligible. So my question is, someone changed the list to hide the truth. To the Premier, who was responsible for removing the deputy's actual bonus from the list that was released?

THE PREMIER: Mr. Speaker, I'm getting confused, because now I'm not aware of what list we are referring to. What I have in front of me is the most recent declaration of the pay-for-performance awards to senior public officials, and opposite the name of Dennis Cochrane is an amount of $4,050. This list is available to any Nova Scotian who wants to look at the government Web site. We have declared, and we have made it public.

MR. DEXTER: Mr. Speaker, the e-mails make it clear the loyal staff in the Premier's Office decided that Nova Scotians were not entitled to the proper information. The chief of staff was asked to advise the Premier about his situation, and then the bonus was removed from the list that was actually released. Will the Premier tell Nova Scotians just what the Progressive Conservative Government hoped to accomplish by deliberating releasing incorrect information?

THE PREMIER: Mr. Speaker, the Government of Nova Scotia is committed to transparency. The Government of Nova Scotia made a decision in 2003-04 that on releasing these payments we would include not only the pay-for-performance but the MCP payment, something that, traditionally, this government has never released, or previous governments never released. We came to the conclusion that full disclosure is the right way to go and 2003-04 was completely disclosed.

MR. SPEAKER: The honourable member for Glace Bay.

HEALTH: OPHTHALMOLOGY CLINIC - PROPOSAL

MR. DAVID WILSON (Glace Bay): Mr. Speaker, last evening we heard, again through the media, the continuing saga of private health care delivery now in Nova Scotia. It was reported that a local ophthalmologist would like to perform services covered under the Canada Health Act at his private clinic. The Minister of Health, when questioned, not

[Page 6976]

surprisingly was unaware of the situation. However, it was reported that Department of Health officials were aware and that they're awaiting a proposal. My question for the Premier is, is the Premier willing to entertain that proposal?

THE PREMIER: Mr. Speaker, what I can commit to, on behalf of the minister, is that this government will entertain no proposal that in any way jeopardizes the access of Nova Scotians to good health care.

MR. DAVID WILSON (Glace Bay): Mr. Speaker, that would indicate to me that the Premier is not aware of it - not surprisingly, again. When you start using public funds to pay for insured services that are offered in private clinics you start to drain the public system of its resources, both financial and human resources, because specialists in the public system become frustrated and they leave, and that adds to wait times for procedures. The dollars that follow as a result of performing insured services in the public system will find their way into a private system. My question for the Premier, again, is, could the Premier please explain how that would be of any benefit to Nova Scotians?

THE PREMIER: Mr. Speaker, what we have been able to determine is some buildings are being built. What we will determine, as government, is what relationship we will have, if any, to what is going on in those buildings.

MR. DAVID WILSON (Glace Bay): Mr. Speaker, the Minister of Health and the Premier of this province should know that they are more than just buildings, there are hospitals and clinics springing up before your very eyes, Mr. Premier, and you stand in this Legislature and say you don't know what they are, except buildings. They're hospitals, sir, and they're going to service . . .

MR. SPEAKER: Order, please. I would ask the honourable members to direct their questions through the Chair, please.

The honourable member for Glace Bay has the floor.

MR. DAVID WILSON (Glace Bay): Mr. Speaker, I'm wondering if anybody knows what's going on in health care in this province, with private health care facilities sprouting up and the latest one we've learned of today, the third such facility. Let me ask the Premier my final question, how can the Premier say health care is better when our public system is at risk as a result of this government's inability to manage health care?

THE PREMIER: Mr. Speaker, I'll refer that to the Acting Minister of Health.

HON. JAMES MUIR: Mr. Speaker, I think the honourable member should keep in mind in his questions between insured and non-insured services what the Premier said in response to the first question, that this government is very much concerned about seeing that

[Page 6977]

the best possible health care is provided to all Nova Scotians. Indeed, if one looks at the actions of this government in health care over the last five years, you will find pronounced improvements including considerable increases in technology, more doctors, more nurses, better service.

MR. SPEAKER: The honourable Leader of the Official Opposition.

PREM. - FREEDOM OF INFORMATION REVIEW OFFICE - PLANS

MR. DEXTER: Mr. Speaker, my question is to the Premier. In recognition of the secretive approach of this government the Canadian Association of Journalists awarded them the 2003 Code of Silence Award, a dubious distinction for sure. This morning, in appearing before the Public Accounts Committee, the Freedom of Information Review Officer expressed his firm belief that bonuses to staff should be made public. Mr. Fardy has put forward this and many other good recommendations which the government had ignored until today.

In fact, when Mr. Fardy's term expired this year, he offered to serve another two years. The government gave him only a year and there have been persistent rumors of a government plan to eliminate, downsize or amalgamate this office. So my question to the Premier is, what are your government's plans for the Review Office?

THE PREMIER: Mr. Speaker, I refer that to the Chairman of the Treasury and Policy Board.

HON. MICHAEL BAKER: Mr. Speaker, to the honourable member, our government remains committed to an open and transparent government and part of that open and transparent government is the fact that the Review Officer needs to be independent and we are committed to an independent Review Officer who will assess complaints from the public and make appropriate decisions.

MR. DEXTER: Mr. Speaker, here they go again, whitewashing the reality of the situation. I will table a list of the government units that this government plans to delete from legislation this year. Among them is the Nova Scotia Freedom of Information and Protection of Privacy Review Office. The Review Officer tells us that he was never informed of this proposed change and has no idea what it means. So my question to the Premier is, what explanation can the Premier offer this House for proposing to delete the existence of this office from the list of government units, rather than adopting the recommendations to ensure there's a strong, independent Review Office.

THE PREMIER: I refer that to the Chairman of the Treasury and Policy Board.

MR. BAKER: Mr. Speaker, the facts speak for themselves. The budget that was tabled in the House did not delete the Freedom of Information and Protection of Privacy

[Page 6978]

Review Office. It is in the budget. I'm taking a moment to look at the list, but obviously I don't know where the list came from, but I can tell you the office was not deleted.

MR. DEXTER: Mr. Speaker, the list is a schedule to the Financial Measures Act. That's where it came from. People see the lengths that this government went through to hide the bonus paid to the Deputy Minister of Education; such a government will be tempted to take or make opportunities to have a review office that is less likely to challenge the culture of secrecy in government. So my question to the Premier is, what assurances can the Premier give that Nova Scotians will continue to have an independent watchdog in the form of a stand-alone Review Office dedicated to the freedom of information and protection of individual privacy?

THE PREMIER: Mr. Speaker, we funded it this year and we'll fund it next year.

MR. SPEAKER: The honourable Leader of the Official Opposition.

HEALTH - PRIVATE SURGICAL CLINICS: INFO - SOURCE

MR. DARRELL DEXTER: Mr. Speaker, this morning in a radio interview, Dr. Dan Belliveau discussed the ambulatory eye surgery clinic he is opening in Halifax. He intends to perform insured as well as uninsured procedures. Furthermore, Dr. Belliveau says that he is in discussions with the Department of Health about billing facility fees to the province. So my question to the Acting Minister of Health or to the Premier is, why has the public had to learn about private surgical clinics from the media and not from the Minister of Health?

HON. JAMES MUIR: Mr. Speaker, there has been an ophthalmologist in the Halifax area and probably more than one who are doing non-insured eye surgery in their clinics for some time. This, of course, the fact that they're doing uninsured procedures in their own office doesn't conflict with the Canada Health Act. I can tell you I heard part of that interview as well and I know that the process that he's talking about is not related to wait times. I'm told that the wait times for the types of procedures he's talking are well within standard here in the Capital District.

[3:15 p.m.]

MR. DEXTER: Mr. Speaker, when the minister doesn't want to answer, he simply ignores the question. So I'm going to table an article from the Canadian Medical Association Journal in which the federal Minister of Health says that he is investigating Nova Scotia's compliance with the Canada Health Act over the private MRI clinic in Halifax. Adding even more privately delivered insured health services are going to increase the risk of financial sanctions in health care funding from the federal government.

[Page 6979]

So my question, Mr. Speaker, to the Acting Minister of Health or to the Premier is, what has his federal counterpart indicated to him, either by phone or in writing, about Nova Scotia's compliance with the Canada Health Act.

THE PREMIER: The member's question does bring a very serious issue to mind and that is the wait times in this province for MRIs. It was for that very reason that recently we have indicated that we will be funding MRIs in three rural parts of the province that to this day don't have MRIs. In addition, we are committed to improving the level of service in the Capital District. We recently indicated we are funding a new linear accelerator in the Capital District and, as well, it is my understanding that the minister is engaged in conversations relative to upgrading some aging infrastructure in the Capital District.

Mr. Speaker, Nova Scotians will have acceptable waiting times for MRIs much better than in most other areas of Canada.

MR. DEXTER: Again, Mr. Speaker, the Premier ignores the question and the question was about the health care funding and whether or not it's in jeopardy because of the growth of private clinics. The minister during estimates indicated that he will table legislation, this Fall or next Spring, preventing queue jumping. My question to the minister is this, the private MRI clinic opened three years ago so why has it taken so long for his department to take action to prevent more private clinics from delivering public health care in this province?

MR. MUIR: Mr. Speaker, the honourable member mentions MRI clinics and as the Premier told him in response to his second question, this government has brought six new MRIs to this province, four new and two replacements. I can tell the honourable member as well that this government and its Department of Health does ensure that its operation is in compliance with the Canada Health Act. Should there be an occasion when the federal minister would indicate that we were not, we would certainly have full discussion with the federal minister to investigate his concern.

MR. SPEAKER: The honourable Leader in the House of the Liberal Party.

SERV. N.S. & MUN. REL. - PRIVATE COMPANIES: TAX BREAKS - POLICY

MR. MICHEL SAMSON: Mr. Speaker, my question is to the Minister of Service Nova Scotia and Municipal Relations. My question is, is the minister in the habit of allowing tax breaks for private companies without consulting the affected municipalities?

HON. BARRY BARNET: No.

MR. MICHEL SAMSON: Mr. Speaker, there is a member of the governing Party who's certainly interested in trying to give a tax break to a private company that's locating in the Minister of Finance's riding. What I'm talking about, of course, is a proposed ice

[Page 6980]

facility for the Rocky Lake Commons. This proposal came as a complete surprise to HRM councillors. So my question is, again to the minister, how can the minister justify a tax break for a private company without consulting the Halifax Regional Municipality?

MR. BARNET: Mr. Speaker, the member is talking about a bill that's before the House. Obviously, all members of the Legislature have the authority to bring forward pieces of legislation and a member did and it will be debated here on the floor of the Legislature and whether or not this bill moves forward is the will of this Legislature.

MR. MICHEL SAMSON: Well, you know, Mr. Speaker, all Nova Scotians know that any bills brought before this House, in order to be passed, in essence have to be called by the government so in essence the government will determine whether this bill is brought forward for debate and this seems to be a bit of a backhanded way of bringing forward a change by having a backbencher do it rather than having the Minister of Finance or the Minister of Service Nova Scotia and Municipal Relations do it himself.

Mr. Speaker, community arenas, with their volunteer boards that work so hard in this province to provide our youth with rink facilities at a cheap price, are questioning why this government would be looking at cherry-picking which arenas get to get tax breaks and which don't, in this case, the fact that it is a private facility being proposed. So I ask again, does the minister support spending the Halifax Regional Municipality's money by giving tax breaks to a private company, without proper consultation?

MR. BARNET: Mr. Speaker, as I said earlier, the bill is before the House, private members are able to bring forward pieces of legislation, Opposition members are able to bring forward pieces of legislation and the government is able to bring forward legislation. As is the practice in this House, bills of all three types have been passed and moved through this House. This bill will move through this House if this House decides to do so.

MR. SPEAKER: The honourable Leader of the Official Opposition.

INS. - CAP: RETENTION - TIME FRAME

MR. DARRELL DEXTER: Mr. Speaker, Melissa Gionet was seven months pregnant when her vehicle was hit by another vehicle in December 2003. Luckily, the baby is fine but Melissa was diagnosed with lower back strain and a soft tissue injury. It's been over a year and Melissa still can't go back to work full-time because she is in too much pain. The insurance company involved told Melissa that the new cap on pain and suffering awards meant that $2,500 at most for severe cases and they said her case wasn't that serious, they offered her $2,000 and, unfortunately, Melissa signed a release.

My question, Mr. Speaker, for the Premier through you is, how much longer are you prepared to defend your government's unfair and unjust insurance cap?

[Page 6981]

THE PREMIER: Mr. Speaker, I refer that to the minister responsible.

HON. RONALD RUSSELL: Mr. Speaker, contrary to what the honourable member opposite is saying, litigation is still possible under the new insurance scheme that was set up with Bill No. 1.

MR. DEXTER: Yes, it's a scheme, Mr. Speaker, it's a scheme to maximize the profits of insurance companies and a scheme to deny victims their rights. That's the scheme. Melissa Gionet is raising her family alone, she can't go back to work full-time because she is in too much pain, she can't even bathe her daughter, because she can't lean over. Melissa doesn't know how long she'll continue to suffer. Through no fault of her own she was in a car accident that changed her life and she received $2,000 for pain, $1,000 for lost income, Melissa says she feels like she was robbed. Lawyers across this province are seeing similar cases and, in fact, the Premier met with members of the Pictou Bar who told him to get rid of the cap. So my question to the Premier is, how many more stories like this one will it take before you realize that you must repeal the cap designed to maximize the profits of foreign insurance companies at the expense of our citizens?

THE PREMIER: I refer that to the minister responsible.

MR. RUSSELL: Mr. Speaker, the honourable member opposite mentioned the fact that lawyers are asking for us to abolish the cap. No wonder, because I'm told by the legal profession that they're losing $140 million, which heretofore they were taking from the insurance companies in support of litigation following motor vehicle accidents.

MR. DEXTER: Mr. Speaker, the insurance cap that this government has placed on pain and suffering awards is wrong on so many levels. It places the victims of car accidents at the mercy of big insurance companies, most of them who send their profits out of this country. It is going to help big insurance companies earn higher record profits more than the $4.1 billion they earned last year. So my question to the Premier is, will you announce the changes you promised to the Pictou County legal community?

THE PREMIER: Mr. Speaker, what I agreed to do on any number of occasions is to monitor the situation and see if there are cases that are being hard done by as a result of our legislation. Our legislation is working. It may need some fine tuning, it may not need some fine tuning. If it needs fine tuning, it will receive fine tuning.

MR. SPEAKER: The honourable Leader of the Official Opposition.

INS. - VICTIMS' RIGHTS: LIMITATION - REASONS

MR. DARRELL DEXTER: Mr. Speaker, the Nova Scotia Coalition Against No Fault Insurance calls the cap on pain and suffering awards for victims of car accidents

[Page 6982]

unconstitutional. The coalition has launched a constitutional challenge and I know that the Attorney General is aware of this because the documents have already been filed.

The Tory and Liberal limit on pain and suffering awards is an affront to victims' rights and has completely severed victims' access to justice. So my question to the Premier is, why do you limit victims' rights forever when you must have known that insurance companies were making hundreds of millions of dollars in this province alone?

THE PREMIER: I refer that to the Minister of Justice.

HON. MICHAEL BAKER: Mr. Speaker, the honourable Leader of the Opposition raised a very interesting point. What he may have forgotten to mention is the fact that in the Province of Manitoba and in the Province of Saskatchewan, their public insurance scheme has just that - it has caps on the amount you can receive.

MR. DEXTER: Mr. Speaker, the minister knows that's wrong and what's really wrong about it is the fact that he would stand up and make that kind of a claim, because that's wrong. If he thinks that's the case, he doesn't understand how their systems work but that doesn't surprise me.

The changes the Tories and Liberals made to the Insurance Act means that victims now have to prove they're suffering from a major injury - no easy feat considering the expense and wait times involved in accessing specialists. The definition of a minor injury this government brought in includes some comas, burns, amputations, and even brain injuries can be classified.

Few can afford to take large insurance companies to court. Lawyers like Barry Mason say the cap is unconstitutional, they argue the cap is unfair, offensive and an abuse of power. My question to the Premier is, just how high must the excessive profits be, and at what human cost before you will repeal the limit you have placed on victims' rights?

THE PREMIER: Thank you, I refer that to the Minister of Justice.

MR. BAKER: Mr. Speaker, to the honourable member, again to use another illustration - the Province of Ontario has had very similar kinds of limits on their litigation for many, many years; it is not an uncommon situation across the country. While I'm not going to refer to a particular matter that may be before the courts, I can tell the honourable member that this situation of the legislation in Nova Scotia is not uncommon in Canada.

MR. DEXTER: Mr. Speaker, the real tragedy here is that most Nova Scotians won't know what damage the Tories and Liberals have done until they get into a car accident. We're starting to hear from those - as I've told the Premier and his ministers what the consequences of their cap would be, even though they have ignored it. My question to the Premier is, is it

[Page 6983]

really going to take a Supreme Court decision, and an untold number of accident victims who are left defenceless when dealing with insurance companies, for you to realize your mistake and repeal this unjust and unfair cap?

THE PREMIER: It must be very disappointing that the Leader of the Opposition has promoted a plan that, simply, Nova Scotians have rejected. We are not interested in putting millions and millions of dollars into a publicly funded insurance plan, particularly when we look at the results of these plans in other provinces. What we have brought forward is a plan that is saving Nova Scotians million of dollars today. It is allowing Nova Scotians to drive their cars, fully insured, because we have a plan that now is allowing Nova Scotians to purchase affordable automobile insurance. It is at a fair price, something that member could not have guaranteed with his plan.

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

C.B. & CNS RAILWAY: MAINTAIN - PLAN

MR. MANNING MACDONALD: Mr. Speaker, my question today is for the Minister responsible for the Cape Breton and Central Nova Scotia Railway. Much credit has been taken - but not deserved - recently by this government for keeping the rail line from MacIntyre Lake to Sydney up and running, giving the illusion they are actually doing something. The truth is, while this government is making grand statements that the Cape Breton rail link will remain in operation until at least 2009, the owners of the Cape Breton railway are proceeding with hearings next week to close down the rail link. My question to the minister responsible - I guess it's the Minister of Transportation and Public Works - can this minister tell the House whether or not this government has a real plan to save this railway and what that plan is?

MR. SPEAKER: Order, please. I believe the honourable Minister of Justice would be responsible.

HON. MICHAEL BAKER: Mr. Speaker, I would like to tell the honourable member the very simple commitment of this government, the government's commitment is to take steps to ensure the rail line remains open.

[3:30 p.m.]

MR. MANNING MACDONALD: Well, that's just a great answer. Hearings are still going on next week. Mr. Speaker, I thought this was a transportation issue, but I guess I'm wrong on that. I thought trains were a mode of transportation, but I guess they're not. I have a letter here from the representative for the Cape Breton and Central Nova Scotia Railway, dated April 27, 2005, that says, "As of April 26, 2005, no formal agreement has been entered into between the Cape Breton and Central Nova Scotia Railway Limited and the Provincial

[Page 6984]

Government.", even though the government has committed millions to this railway, as evidenced in this year's budget. I would like to table this.

My question to the minister responsible, or the minister who's acting like he's responsible in this regard today, will this minister commit to tabling in the House this week the government's plan to spend millions of dollars on the Cape Breton and Central Nova Scotia Railway, and the book of business they keep talking about, to keep this railway running?

MR. BAKER: Mr. Speaker, as the honourable member would be aware, railroads in this province are a very important means of economic development. The Cape Breton and Central Nova Scotia Railway is very important to the economic development of that part of Nova Scotia. That is why this government is committing funds, to make sure that that railroad doesn't close. We are committed to doing everything in our power to do that. We have committed money to the project, and I believe the people of Cape Breton and elsewhere in Nova Scotia are satisfied with that commitment.

MR. MANNING MACDONALD: Mr. Speaker, the railway is holding hearings next week in Sydney to abandon the line. This minister gets up in his place here today and says that everything is okay, they're committed to holding the railway to its obligations, and yet the railway is going before the URB next week to get out of that line. Next Tuesday in Sydney. The Liberal Party is committed to having this railway operate in the future in Cape Breton. It must not be allowed to abandon this line under any circumstances. It also indicates that talks between the rail operator and the province are ongoing. They're saying that. The hearings of the rail operator to shut down the railway is May 10^th.

I'd like to know, and Nova Scotians would want to know, particularly those in the economically-deprived area of industrial Cape Breton which depends on rail, when is this government going to announce its plan for the railway, and when can it tell Cape Bretoners that this railway is going to be in operation well into the future?

MR. BAKER: Mr. Speaker, again to the honourable member. I'm not sure if he's happy or sad about our government's commitment to the railroad, because he seems to be very upset that our government has made a commitment through the Minister of Energy and the Minister of Economic Development to keep this railroad open. We've indicated our commitment to that, and I am confident that the Minister of Economic Development and the Minister of Energy and other members of government will do what needs to be done to make that so.

MR. SPEAKER: The honourable member for Halifax Fairview.

[Page 6985]

INS.: CONSUMER ADVOCATE - DUTIES

MR. GRAHAM STEELE: Mr. Speaker, my question is for the Minister responsible for the Insurance Act. We have seen and heard little from the consumer advocate over the last couple of years. This government said they hired him to represent consumers, research issues in other provinces, and assist in developing policies to help consumers. Yet, when we filed the freedom of information request, asking for briefing notes, summaries or analyses prepared by the consumer advocate regarding home, auto and liability insurance from January 2003 to the present, we received exactly one two-page document, and it's dated over a year ago. My question to the minister is very simple, what exactly is the consumer advocate doing?

HON. RONALD RUSSELL: Mr. Speaker, I'm absolutely delighted to answer that question. The Ombudsman, the advocate for the consumers was extremely busy in the insurance business up until we introduced Bill No. 1, and since that time there's been so few complaints against the insurance industry that that side of his job has faded away.

MR. STEELE: Mr. Speaker, that's actually quite hilarious, because our original FOI request was to get copies of all the citizen complaints that came in, and we were told we couldn't get them because there were so many, it would be too expensive. There are only two bodies who hear insurance complaints from the public, namely the consumer advocate and the Office of the Superintendent of Insurance. The problem is that apparently neither of them keep any statistics or any other analyses of how many calls they received, what they were about or how they were handled. If they had them they should have been released to us under this FOI request. How does the government plan to address citizen complaints if no one in government is keeping track of them?

MR. RUSSELL: Well, Mr. Speaker, I suppose we could be like the NDP and arrange for people to phone us with complaints. I can tell that honourable member that until about the end of 2004, I was getting maybe 10 calls a day from people who thought they were being abused by the insurance industry. I haven't had a call, one call, for approximately six or eight months.

MR. STEELE: Mr. Speaker, I'm tempted to make my second supplementary the question, what is the minister's phone number because I know a few people who would like to speak to him, so maybe he will include his personal cellphone number in the answer to my question.

Nova Scotians need a consumer advocate now more than ever. We have a government that tried to solve its insurance woes by imposing an unfair, artificial and probably illegal maximum on injury compensation. We have a consumer advocate who from day one, despite the best of intentions, has had no teeth, no mandate and no resources. My question to the minister (Interruptions)

[Page 6986]

MR. SPEAKER: The honourable member for Halifax Fairview on his final supplementary.

MR. STEELE: Okay, maybe the reference to no teeth was a poor choice of words. My question to the minister is, when is that minister going to join with us and finally start defending instead of attacking the rights of Nova Scotian insurance consumers?

MR. RUSSELL: If there is one thing that we can demonstrate how effective this government is, I think, it's what we've done in the insurance industry. We guaranteed the people of Nova Scotia that we would decrease their automobile insurance rates by 20 per cent. I'm happy to say that today we know that that decrease in percentage is around 25 per cent. I think, quite honestly, that we have delivered on our promise and we've delivered in spades.

MR. SPEAKER: The honourable Leader in the House of the Liberal Party.

JUSTICE - YOUTH CRIME PREVENTION: FUNDING - AMOUNT

MR. MICHEL SAMSON: Mr. Speaker, the issue of youth crime continues to alarm Nova Scotians. Reports of swarming and other violent acts have people worried. Just the other day a 13-year-old and a 17-year-old were arrested in Amherst after stealing a car in Halifax and ramming it into a truck. This is the minister who closed down the Shelburne youth facility which saved his government about $700,000 per year. My question to the minister is, can the Minister of Justice advise the House, how much of the $700,000 saved in closing the Shelburne youth facility has been reinvested in youth crime prevention programs?

HON. MICHAEL BAKER: Mr. Speaker, the honourable member is quite aware of the fact that this government has been very, very committed to the Department of Justice and to policing programs. We have had a number of initiatives that make a great deal of difference in crime in our province, for example, the Organized Crime Initiative that this government has started up. We are committed to working with police agencies on stamping out all crime, including youth crime.

MR. MICHEL SAMSON: You know, Mr. Speaker, the question was how much money has been invested in youth crime prevention; in other words, to support the youth at risk in this province. What answer do we get? Oh, well, we invested in this new database for organized crime. More money for cops, get tough, throw them in jail, create new offences. At what point is this government going to realize that they need to take a proactive approach to work with youth at risk, rather than trying to create new offences. So I ask the minister again, you closed the Shelburne youth facility, it saved your government money, how much of that money has been invested in programs to help our youth at risk in this province before they commit any crimes?

[Page 6987]

MR. BAKER: Mr. Speaker, I can indicate to the honourable member that the Department of Justice is looking at a number of new initiatives in order to make the province safer and to assist those youth at risk in not offending, or in order to deal with those youth who do offend, to turn them to a different path.

MR. MICHEL SAMSON: Six years this government has been in office and now the minister tells us they're working on initiatives to deal with this. All this time, what has the minister been doing - blaming Ottawa, going up to Ottawa, saying they're the blame. On the provincial side, well, let's create new offences because let's get more of them and put more of them either in jail or in some sort of penitentiary. Six years of inaction on being willing to invest money to work with our youth so that crime is prevented. Get them before they commit crime, that is what Nova Scotians stand for. That's what Nova Scotians want of our young generation, that we can offer them support when they are at risk and try to make sure that they become productive members of society.

So I ask the minister again - we're always blamed for asking for more money - why will you not use the funds that you saved by closing Shelburne, for example, to invest in youth crime prevention initiatives today?

MR. BAKER: Mr. Speaker, this government has made commitments to youth criminal justice. An example of it is the intensive supervision program that we have in place for young people in this province, to assist those young people who are in conflict with the law, who are at risk to reoffend, to not reoffend, but this government has other initiatives. In the education area, simple things like the breakfast program are designed to do just that, to put youth who are at risk at less risk of offending. We have a lot of programs. Education programs are fundamentally programs to help youth at risk have a future and that's what we st