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Ontario
During the second half of the
Legislature’s Fall sitting, a number of noteworthy pieces of legislation were
passed:
·
the Toughest Environmental Penalties Act which
significantly increased fines for environment-related infractions under the Environmental
Protection Act, the Pesticides Act and the Ontario Water
Resources Act
·
the Labour Relations Amendment Act which reformed the
collective bargaining processes in the industrial, commercial, institutional
and residential construction sectors, and provided for a common contract expiry
date among all collective agreements in order to prevent a string of
consecutive strikes caused by varying, successive expiry dates, as occurred in
1998
- the Continued Protection for Property
Taxpayers Act which made amendments relating to municipal taxation and
property taxes
- the Social Housing Reform Act, relating
to the funding and transfer of social housing administration from the
provincial to the municipal level
- the Employment Standards Amendment Act
which, among others, made the following changes: employers will be
required to post material prepared by the Ministry of Labour that
describes the rights and responsibilities of employees and employers;
employees may refuse daily and weekly hours of work in excess of eight
hours (or the employee’s regular day if more than 8 hours) and 48 hours,
respectively; revocable agreements in writing are allowed for employees to
work further hours up to a maximum of 60 hours per week; employers and
employees may agree to average overtime over a period of up to four weeks,
and they may also agree that the overtime pay be taken as time off in
lieu; parental leave is increased to 35 weeks; provision is made for up to
10 days’ emergency leave a year for employees whose employers regularly
employ 50 or more employees; the leave could be taken because of personal
medical reasons or the death or illness of a child, spouse, same-sex
partner and certain other specified relatives; provision is made for a new
general anti-reprisal provision to protect employees
- the Post-secondary Education Choice and
Excellence Act which will permit the establishment of private
post-secondary degree granting institutions
- the Trillium Gift of Life Act which
revises the organ donation system in Ontario to require hospitals to
notify the donor network when a potential organ donation becomes available,
and to ensure specially-trained staff are in hospitals to talk to patients
and families about opportunities for organ and tissue donation. The goal
of the province is to double the rate of organ donations by 2005
- the Imitation Firearms Act, which
regulates the transfer or sale of convertible starter pistols, deactivated
firearms and imitation firearms
The House also passed private
members bills which:
- proclaim an annual Firefighter’s Memorial
Day
- allow owners of vintage automobiles to
retain on their vehicles Ontario number plates that were issued during the
year of manufacture of the vehicle, are in a condition satisfactory to the
Ministry of Transportation and show no numbers that duplicate the number
of any other existing permit
- proclaim the month of June as deaf-blind
awareness month
- establish a vehicle ignition interlock
program to prevent previously convicted impaired drivers from operating
motor vehicles without providing a breath sample to an electronic device
installed in their vehicles
In mid-November, the Ontario
Legislature considered and passed back-to-work legislation relating to the
Hamilton-Wentworth District School Board. After four weeks of missed classes
due to rotating strikes and eventually a lock-out of teachers, the legislature was
forced to act to end the work stoppage in order to ensure that the school year
for the 40,000 affected students would not be in jeopardy.
While the bill was passed in 2
days, its “fast-tracking” was opposed by one MPP, Peter Kormos (ND-Niagara
Centre) who withheld his consent to have the bill introduced and dealt with in
one day. As he told the House, “I don’t support back-to-work legislation. I
don’t support it under any circumstances.” Unable to be in the Chamber
continuously, however, consent was obtained during a brief absence and the bill
was successfully introduced and debated. The Bill passed the next day and
students were back in their classrooms on November 22.
On December 4, the Legislature
took the unprecedented step of withholding publication of a portion of its own
Hansard record. Such a proscription has never before occurred in Ontario. The
reason for it lay in an event that occurred during debate on a motion to
allocate time for consideration of a bill concerning correctional services. In
his speech to the House, Doug Galt (PC/Northumberland) recounted
his attendance at a graduation ceremony for young offenders from one of the
province’s strict discipline facilities, and allegedly communicated the names
of one or more of these young offenders from the ceremony’s agenda. Eventually
the House came to realize the possibility that a contravention of the Young
Offenders Act, which prohibits such a disclosure, may have occurred. Within
hours, Mr. Galt resigned his position as Parliamentary Assistant to the
Minister of Agriculture, Food and Rural Affairs. The Minister of Correctional
Services, Rob Sampson (PC/Mississauga Centre) likewise quickly
resigned from the Cabinet pending a police investigation of the incident.
To mitigate the dissemination of
the remarks in question, the House adopted a motion to withhold their
publication in print, electronically or in any other form until police have
completed any ensuing investigation. The Hansard transcript, reporter’s notes
and the videotape record from the television distribution system were sealed
under lock and key. The House subsequently passed another motion authorizing
the release of these same materials to the relevant police authorities to
assist their investigations. As of this writing, the matter remains open and
unresolved.
The House expressed its
condolence on the death of one of its former Speakers, Frederick Cass.
Mr. Cass served in the Cabinets of Premiers Leslie Frost and John Robarts,
rising to the senior portfolio of Attorney General. Mr. Cass served as Speaker
from 1968 to 1971.
On its last day before
Christmas, the House adopted an Address calling for the appointment of John Hollins
as the new Chief Election Officer for Ontario.
Todd Decker
Clerk of
Journals and Procedural Research
Ontario Legislative Assembly
Manitoba
On November 21, 2000, Manitobans
went to the polls to elect new representatives in the constituencies of Tuxedo
(formerly held by Gary Filmon) and Kirkfield Park (formerly held by
Eric Stefanson). The two long time Progressive Conservative seats
were retained. Stuart Murray, Progressive Conservative Party
Leader, was elected in Kirkfield Park and Heather Stefanson was
elected in Tuxedo. The New Democratic Party presently hold 32 seats, the
Progressive Conservatives hold 24 seats and the Liberals hold 1 seat.
The Second Session of the Thirty-Seventh
Legislature commenced on December 5, 2000 with the presentation of the Throne
Speech by Lieutenant Governor Peter Liba. Highlights of the Throne
Speech included a single hydro rate, tax advantage for ethanol, extended
parental leave, new prenatal benefits and school initiatives. The Leader of the
Official Opposition, Stuart Murray, moved an amendment to the
Throne Speech which was defeated, on division. The main motion to the Throne
Speech was agreed to, on division, on December 15, 2000.
Five pieces of legislation that
received speedy passage during the brief 9 day session. Two of the more
significant pieces of legislation passed were:
- Bill (No. 5) – The Helen Betty Osborne
Memorial Foundation Act; establishes a scholarship fund for Aboriginal
students pursuing post-secondary education. The bill passed, unamended and
received Royal Assent on December 15, 2000.
- Bill (No. 2) – The Employment Standards
Code Amendment Act, conforms Manitoba's employment standards
legislation with the federal government's maternity and paternity
benefits. This bill passed, with amendments and received Royal Assent on
December 15, 2000.
Another significant piece of
legislation that was introduced in the House on December 15, 2000 is The
Highway Traffic Amendment and Consequential Amendments Act. This is the
first step in moving Manitoba towards a graduated driver licensing system for
novice drivers. Last year, a Graduated Driver Licensing Task Force held
meetings across the province hearing representation from all sectors of the
public. The Minister responsible indicated further details would be unveiled
early in 2001.
On December 6, 2000, Speaker George Hickes
delivered a privilege ruling that had been raised during the last sitting day
of the 1st Session of the 37th Legislature. The matter of
privilege, raised by Mr. Praznik (Member for Lac du Bonnet), suggested that the
Minister of Labour had deliberately mislead the House in a government press
release, issued outside of the Chamber, regarding the number of persons making
public presentations to the Standing Committee on Industrial Relations hearing
representations on Bill (No. 44) – The Labour Relations Amendment Act (2).
The motion moved by Mr. Praznik stated that the House found "the Minister
of Labour in contempt of this House for purposely providing untrue and improper
information about the proceedings in the Standing Committee on Industrial
Relations in its consideration of Bill 44, thereby effecting the collective
privileges of all members." On December 6, 2000, Speaker Hickes delivered
his ruling on whether a prima facie case of privilege had been
established. The Speaker explained that, in accordance with Beauchesne citation
31.(3), statements made outside the House may not be used as the basis for a
question of privilege and further cited Beauchesne citation 31.(1) that a
dispute arising between two members as to allegations of fact does not fulfil
the conditions of parliamentary privilege. Speaker Hickes ruled that the
evidence did not suggest that a prima facie case of privilege had been
demonstrated.
The House adjourned on December
15, 2000. A date for the resumption of the session has not been announced.
On November 24, 2000, the
Minister of Finance, Greg Selinger, announced that an $8 million
special warrant had been approved to provide additional funding for emergency
expenditures for the 2000/2001 fiscal year. The additional funding was required
due to spring flooding and forest fires this past summer in Manitoba.
Standing Committee activity has
been quite low during this quarter. During the 9-day session, two standing
committee meetings were held. The Standing Committee on Industrial Relations
and the Standing Committee on Law Amendments each met on December 11, 2000 to
consider legislation referred. The Standing Committee on Public Utilities and
Natural Resources met on January 22, 2001 to consider the Annual Report of the
Manitoba Public Insurance Corporation for the year ended February 29, 2000.
This report passed. The Standing Committee on Privileges and Elections met on
January 30, 2001 to consider the reports of the Chief Electoral Officer dating
as far back as 1988. The reports dating from 1988 to 1994 inclusive, were
passed.
The Manitoba Legislative Chamber
was used from November 9 to 12, 2000 by the Parlement Franco-Canadien du Nord
et de l'Ouest in celebration of the group's 10th anniversary.
Approximately 60 students, between the ages of 14 and 25 took part in this
event in an effort to teach Canadian political traditions in French and to
allow a greater understanding of and to allow participation in political
debates. As well, during the Christmas holidays, December 26 to 30th,
as has been the custom for many years, Youth Parliament took place in
Manitoba's Legislative Chamber. Youth Parliament provides students with the
opportunity for hands on experience of what parliamentary life is all about.
Both of these events were a success!
On January 17, 2001, Premier Gary Doer
made some changes to his cabinet. The number of portfolios was increased by
one, increasing the number of cabinet members from 15 to 16. Several ministers
were assigned new duties but there were no changes in membership of the
existing cabinet. One new face will now appear at the cabinet table. Scott Smith,
MLA for Brandon West, was appointed Minister of Consumer and Corporate Affairs
and Minister Responsible for the Manitoba Liquor Control Commission. The new
department established, Advanced Education, will be overseen by Diane McGifford.
The portfolio of Minister of Culture, Heritage and Tourism, previously held by
Ms. McGifford, has been reassigned to Ron Lemieux, former Minister
of Consumer and Corporate Affairs.
JoAnn McKerlie-Korol
Clerk
Assistant
Senate
As Parliament was dissolved on
October 22 for the November 27 general election, this report will look at the
end of the previous Parliament and the start of the new one.
36th Parliament
Among the bills that the
Government had identified as important for passage prior to dissolution were
Bill C-37, an Act to amend the Parliament of Canada and the Members of
Parliament Retiring Allowances Act; Bill C-41, An Act to amend the statute
law in relation to veterans' benefits and Bill C-45 (Canada Health Care,
Early Childhood Development and Other Social Services Funding Bill). On
September 21 the Government introduced a time allocation motion with respect to
Bill C-37. Third Reading and Royal Assent occurred that same day. Both C-41 and
C-45 were passed just before dissolution on October 19, Bill C-45 having the
special distinction of passing all stages in one day.
The Senate met in Committee of
the Whole on two occasions, on October 16 in order to receive George Radwanski
on the matter of his appointment as Privacy Commissioner, and on October 19 to
consider Bill C-45 (Canada Health Care, early Childhood Development and
Other Social Services Funding Bill).
Several Standing Committees were
active during the last few months of the 36th Parliament. The
Special Committee on Illegal Drugs held its first public meeting on October 19,
a day-long session where experts from four institutions outlined the major
issues to be considered. This committee meeting was also the first to be
broadcast live over the Senate website, an innovation approved by the Committee
on Internal Economy, Budgets and Administration, on a trial basis, to allow
internet users to listen to Senate and committee proceedings live.
The Legal and Constitutional
Affairs Committee also maintained a busy schedule with hearings on Bill C- 16, An
Act respecting Canadian Citizenship that would replace the existing Citizenship
Act.
The Committee on Energy, the
Environment and Natural Resources studied the controversial issue of using the
proposed landfill site at the Adams Mine in Timiskaming District of Northern
Ontario for garbage from Toronto. The Committee recommended that the Senate
support the petition from a coalition of interested parties to the Minister of
the Environment for a full environmental assessment. The Committee's report was
adopted by the Senate on October 17, a few days before the City of Toronto
abandoned its plans for using the landfill site at the Adams Mine.
The disclosure by committee
members of the existence of any private financial interests when dealing with
an order of reference was the subject of the tenth report of the Committee
on Privileges, Standing Rules and Orders. This report sets out a procedure
to ensure transparency as a paramount principle. Where a committee considers
that it would be in the public interest in respect of its consideration of an
order of reference, the committee may order its members to disclose the
existence of their private financial interests, whether held directly or
indirectly, in respect of the matter. The committee will establish a time frame
for the disclosure for present and future members. A member may comply with
this order by filing with the committee clerk a declaration or update that
discloses the source and nature, but not the value, of the member's private
financial interests. A member who does not file a declaration within the
required time is deemed to declare no private financial interest. The committee
clerk shall make these declarations available for public consultation during
business hours. This report was adopted on October 19.
Speaker's Rulings
There were three Speaker's
Rulings, all concerning matters relating to the eighth report of the
Standing Committee on Privileges, Standing Rules and Orders that
recommended the establishment of two new committees, one on defence and
security and the other on human rights. On September 19 the Speaker ruled on a
matter that had been raised in June, just before the summer adjournment.
Senator Doug Roche (Alberta) proposed that the report be amended to
make two additional changes to the Rules of the Senate. The first would
authorize the Committee of Selection to recommend the nomination of two more
senators to any standing committee over and above what is currently allowed in
the rules. The second would permit senators to apply to sit on any standing
committee by application either to their whip or directly to the Committee of
Selection. Senator Noel Kinsella, Deputy Leader of the Opposition,
raised a point of order challenging the procedural acceptability of this
amendment. He expressed the view that it was inadmissible because it was
incongruent with the content of the eighth report and beyond its scope. In
making his ruling, Mr. Speaker referred to the eleventh report of the
Committee on Privileges, Standing Rules and Orders that was presented in
the previous session on June 2, 1999. The scope of that report included the
addition of two new committees, the possible addition of members to all
standing committees as well as new rules on the variable size of all standing
committees. However, he pointed out that unlike the eleventh report, the eighth
report was very limited in its subject matter. It sought only the creation of
two new committees and nothing else. Thus, the Speaker concluded the proposed
amendment is really a new question and should be treated as a separate motion.
He ruled that it was not in order.
On October 19 during the debate,
Senator Kinsella, proposed an amendment to the report, the first part deleting
the reference to the committee on defence and security and the second part
dealing with the committee on human rights. In the latter case the word
“generally” would be replaced by the words “but with particular reference to
economic, social and cultural rights”. Senator Jack Austin, Chair
of the Committee on Privileges, Standing Rules and Orders, raised a point of
order noting that reports of committees may be returned to committee for
further study but they could not be amended. Senator Dan Hays,
Deputy Leader of the Government, made a similar point, referring to a citation
from Beauchesne that “A report from a committee may not be amended in a substantive
manner by the House; it must be referred back to the committee…”. Senator
Kinsella countered that his amendment relating to the human rights committee
was not a substantive amendment. In making his ruling, Mr. Speaker noted that
the Senate refers to authorities when its practices are not clear, but
essentially its practices supercede the authorities. He also noted that
Beauchesne says that a report from a committee may not be amended in a
substantive manner by the House, but it also states that a report may be
adopted in total or in part. In order to adopt a report in part, it would be
necessary to amend it to get to that part. Beauchesne takes a vague stance.
Then, he cited three instances where reports had been amended by the Senate, on
May 5, 1995; on April 15, 1999 and on April 7, 2000. He ruled that the
amendment was in order.
When the Speaker put the
question on the amendment to the motion to adopt the eighth report, the
Opposition Whip requested that the vote be deferred until 5:30 p.m. on the next
sitting day. Senator Austin raised a point of order, explaining that the whip
may make the request but the Senate has control of its agenda and is not bound
by the request. In making his ruling, Mr. Speaker noted that the word
"request" implies that something is being asked for; however, that
something may not necessarily be received. For example, Rule 65(3) states that
“Upon the request of two Senators before the Senate takes up other business,
the Speaker shall call for a standing vote…” In such cases there is a request
by two senators and it is never challenged. If two senators rise, then a
standing vote is taken. It is automatic. With regard to the request by the whip
for a deferred vote, the Speaker noted that in examining the precedents, there is
not a single instance where the request of a whip on either side has not been
accepted. Thus, he ruled that a request is mandatory.
On October 4 the ninth report
of the Committee on Privileges, Standing Rules and Orders advised the
Senate that the committee had reprinted the Rules of the Senate. Since
its last printing in 1996, there have been four rule changes. Rule 137 was
added on February 19, 1998. Rule 138 was added on June 9, 1998. Rule 1(3) was
added on February 9, 1999. Rule 22 was amended on June 27, 2000.
Opening of the 37th
Parliament
There were several leadership
changes in the Senate. Senator Dan Hays (Alberta) was appointed
Speaker while Senator Sharon Carstairs (Manitoba) and Senator Fernand Robichaud
(New Brunswick) were appointed Leader of the Government and Deputy Leader of
the Government respectively. Senator John Lynch-Staunton (Quebec)
and Senator Kinsella (New Brunswick) continue as Leader and Deputy Leader of
the Opposition.
On January 30th,
Governor General Adrienne Clarkson opened the first session of the 37th
Parliament by stating that “the vital relationship that exists between
Canadian people and Parliament is what we celebrate today through history,
custom and symbolism”. The Speech from the Throne outlined the Government's plans
to create opportunity, encourage innovation, invest in skills and learning,
connect Canadians, increase trade and investment, share opportunity, support
children and families, ensure good health and quality care, preserve a clean
environment, create strong and safe communities, sustain a vibrant Canadian
culture, create and share opportunities globally, and celebrate our Canadian
citizenship.
There have been several changes
in membership. Senator Raymond Perrault (British Columbia) who was
a parliamentarian for more than 32 years, having been elected to the House of
Commons in 1968 and appointed to the Senate in 1973, retired. Senator Betty Kennedy
(Ontario) and Senator Raymond Squires (Newfoundland) who were
appointed last year also retired.
Barbara Reynolds
Committee
Clerk
New Brunswick
The Third Session of the 54th
Legislature adjourned Wednesday, December 20, 2000, to reconvene Tuesday, March
27, 2001. During the 22-day sitting, Members passed 24 public Bills, debated
and passed a capital budget and unveiled a plaque officially designating their
workplace as a protected historic site.
Priorities outlined in the
Throne Speech read November 14 by Lieutenant-Governor Marilyn Trenholme
Counsell included legislation to establish district education councils, a
referendum on video lottery terminals, a one-time payment to remarried
surviving spouses of deceased workers, a tort of invasion of privacy, public
input respecting a Judicial Remuneration Commission, a new Income Tax Act,
and a new provincial honour, the Order of New Brunswick.
In responding to the Throne
Speech, Opposition Leader Camille Thériault (Kent-South) noted that the
government had talked a lot about sector-specific economic development
strategies or regional economic development strategies but had been long on
terminology and short on specifics, since the Throne Speech gave little
indication of what the government planned to do for the next two or the next
ten years.
Subsequent to recommendations of
the Select Committee on Education chaired by Riverview MLA Pat
Crossman, Education Minister Elvy Robichaud (Tracadie-Sheila)
introduced an amendment to the Education Act to create 14 autonomous
district education councils (DECs) with local decision-making authority. During
debate at the second reading stage of the Bill, Ms. Crossman noted that each
DEC would have authority over:
- hiring and directing the district
superintendent, who in turn would hire all school district staff on behalf
of the DEC;
- managing and controlling school property;
- budgeting and expending money;
- retaining a small surplus;
- making policy;
- operating schools;
- flexibility respecting local curriculum;
- placing students in classes, grades,
programmes, services and schools as appropriate;
- facilitating community use of schools; and
- developing district education plans.
The Video Lottery Scheme
Referendum Act introduced by Justice Minister Bradley Green, Q.C.,
(Fredericton South) allows a one-time binding referendum on the future of VLTs
to be held during the next municipal elections. The wording of the referendum
question will be determined by regulation.
The Special Payment to
Certain Dependent Spouses of Deceased Workers Act, introduced by Minister
of Training and Employment Development Norman McFarlane (Saint John Lancaster),
sets up a one-time payment to the surviving spouses of workers whose
compensation survivor benefits were discontinued upon remarriage.
Shortly after the introduction
of Bill 10, Privacy Act, the subject matter was referred to the Standing
Committee on Law Amendments. A Commentary on the Privacy Act, Department
of Justice, December 2000 was later tabled. The proposed Act would make
invasion of privacy a tort for which people could bring a legal action.
Additional legislation amends
the Provincial Court Act to allow public input in determining judges'
salaries; a New Brunswick Income Tax Act lowers personal income taxes
and establishes a tax on taxable income system; an All-Terrain Vehicle Act
introduces mandatory snowmobile trail permits; Employment Standards Act
amendments match the level of benefits available to parents taking child care
leave as a result of federal changes to the Employment Insurance Act,
and the Order of New Brunswick Act will honour individual New
Brunswickers for outstanding achievement.
In introducing the 2001-2002
capital budget, Finance Minister Norman Betts (Southwest Miramichi)
noted that the $197.2-million budget, 30% higher than that of the previous
year, would protect the health and safety of New Brunswickers by providing
clean water, healthy schools, safer buildings, and better roads.
On November 28, Bernard Richard
(Shediac-Cap-Pelé) rose on a Question of Privilege and claimed that the
Minister of Training and Employment Development's failure to provide important information
to the House, namely an actuarial study reflecting on spousal benefits,
amounted to contempt. The Member claimed the study was directly relevant to the
subject matter of a Bill before the House and that it had been requested both
by notice of motion and during a meeting of the Standing Committee on Public
Accounts. The study had not been provided until the House had begun
consideration of the Bill. Speaker Bev Harrison's
(Hampton-Belleisle) December 1 ruling found that a prima facie case of
breach of privilege had not been established and that unless there is an Order
of the House, there is no Standing Rule or other legal requirement that a
Minister of the Crown provide the House in advance with all documentation
applicable to a matter under debate or to legislation under consideration.
On December 5, Speaker Harrison
tabled the report of Conflict of Interest Commissioner Stuart G. Stratton,
Q.C., into allegations by Elizabeth Weir (Saint John Harbour) of a
possible violation of the Members' Conflict of Interest Act by
Transportation Minister Margaret-Ann Blaney (Saint John-Kings). Although
there had been sufficient grounds for an investigation, Commissioner Stratton
concluded that no breach of the Act had occurred and that the issues raised by the
case were ones of perception. He also noted that, while conflict of interest
Acts in other jurisdictions encompass both actual and apparent conflicts of
interest, the New Brunswick Act does not. He reminded Members that the
primary objective and purpose for the enactment of the Members' Conflict of
Interest Act was to enhance public confidence in the integrity of
government and its office holders by the prohibition of conflicts between the
Member's office and powers and the Member's private interest. Thus, Members
must always be mindful of their words and actions.
On December 7 the House
unanimously passed a motion of Justice Minister Green, seconded by Premier Bernard
Lord (Moncton East), “THAT this Assembly condemns the Moncton Times
&Transcript for the editorial cartoon it published in its Thursday,
December 7, 2000, edition” (Motion 36). Minister Green, who is also Government
House Leader, maintained that the primary focus of the cartoon was to ridicule
and that such an image would not have appeared were it not for the gender of
the Minister of Transportation. He stated: “For many years now, observers from
all sides of the political debate have observed the unequal participation of
women in high public office as a problem that needs to be addressed. It is
certain that a number of structural barriers exist which hinder women from full
participation in elected office. Those women who are able to overcome these
barriers can take special pride in their accomplishment, and I certainly know
that they serve as an inspiration to others who might wish to follow them.”
During the fall session, the
most frequent queries posed during Question Period related to NB Coal, the
Courts, the Court Stenographers, and NBPower. Questions and responses were
often lengthy leading Speaker Harrison to remark at adjournment: “In wishing
everybody the complements of the season, I had a thought that I would provide a
Christmas gift for everybody today, ... and that would be Harrison's First
Edition on Concise Questions and Answers.”
On November 29, 2000, the
Speaker, the Premier, the Minister responsible for the Culture and Sport
Secretariat, and the Minister of Supply and Services unveiled a plaque
designating the Legislative Assembly Block, commonly known as Parliament
Square, as a provincial historic site. As the seat of New Brunswick
government, the three buildings and grounds that comprise the square served as
a prominent and symbolic place in the province's history:
- the Main Legislative Assembly Building
designed by J.C. Dumaresq and built of sandstone in the Second Empire
style in 1882;
- the Departmental Building or West Block
built of purple sandstone in the Romanesque Revival style in 1888; and
- the Old Education Building, the oldest
surviving public building in Fredericton, built in 1816 and enlarged with
the addition of a second story in 1869.
As a result of the February 5
by-election, the Progressive Conservatives increased their majority in the
House from 44 to 46 seats. Former Madawaska-Restigouche MP Jean Dubé was
elected to fill the Campbellton vacancy, and Gaston Moore was elected
for Caraquet. This brings the official standings in the New Brunswick
Legislature as of February 6, 2001, to Progressive Conservatives, 46; Liberals,
8; NDP, 1, for a total of 55 seats.
Diane Taylor Myles
Researcher
Saskatchewan
A new Saskatchewan premier was
sworn into office on February 8th. Lorne Calvert, a former minister
in the administration of retiring Premier Roy Romanow, assumed the role
as a result of capturing the leadership of the New Democratic Party on January
27th. Mr. Calvert won the leadership on the fourth ballot after a
three-month campaign against six other candidates. The vote was extended to all
members of the party through the use of preferential mail-in ballots as well as
the more customary delegate vote. Mr. Calvert is not currently an elected
Member of the Assembly but is expected to seek a seat soon.
One of the first tasks facing
Mr. Calvert was the renegotiation of the coalition agreement with the three
member Liberal caucus. A new agreement was signed on February 2nd
with Liberal leader Jim Melenchuk and the Speaker, Ron Osika.
However the third Liberal MLA, Jack Hillson, chose to resign as Mr.
Romanow's Minister of Intergovernmental & Aboriginal Affairs and Provincial
Secretary to sit as an Independent. Later on February 6th, Mr. Osika
resigned as Speaker in order to join Mr. Calvert's cabinet as Minister of
Municipal Affairs and Housing. Two veteran backbenchers were also added to the
cabinet sworn in on February 8th. Kim Trew, formerly the
Deputy Speaker, takes on the Labour portfolio while Pat Lorjé was appointed
Minister of Aboriginal Affairs and Provincial Secretary. Agriculture Minister Clay
Serby adds the role of Deputy Premier to his duties. A new Speaker and
Deputy Speaker will be elected by secret ballot when the House reconvenes.
The current numbers in the
Assembly consist of 28 New Democrats, 26 Saskatchewan Party, 2 Liberals, one
Independent and one vacancy. A by-election to fill the constituency of former
Deputy Premier Dwain Lingenfelter, will take place on February 26th.
Committees
The work of committees has
dominated much of the fall legislative agenda. Two committees held public
hearings while another three committees carried out their meetings in the
capital.
The Special Committee to Prevent
the Abuse and Exploitation of Children through the Sex Trade undertook an
extensive schedule of public hearings around the province last fall and has
returned to Regina to begin work on its second report. Their travels were
spread over three months and took in venues as far north as La Ronge and Meadow
Lake before stops in cities and towns in the central and southern areas.
Committee Members, led by Co-chairs Peter Prebble and Arlene Julé,
have put special emphasis on reaching out to First Nations and Metis
organizations in addition to local community service providers. The Committee
hopes to complete its work later this year.
The Special Committee on Tobacco
Control, chaired by Myron Kowalsky, presented its first report last May,
leaving the issues of tobacco use in restaurants, bars, casinos and bingo halls
outstanding. Further public hearings were held last fall to receive input from
the hospitality industry on areas affecting their businesses. The Committee's
final report was released on February 8th.
The Special Committee on Rules
and Procedures is the third committee contemplating travel. Its current
priority is the reform of the Assembly's committee structure and Private
Members' business. Committee Members plan to review the practices of other
Canadian, New Zealand and Australian jurisdictions, which might serve as models
for reform in Saskatchewan.
The Standing Committee on Public
Accounts, chaired by Ken Krawetz, devoted its fall hearings to
considering a process for the appointment of a new Provincial Auditor and other
changes to The Provincial Auditor's Act. Its recommendations in this
regard will be presented in its next report to the Assembly later this spring.
The Committee has now turned its attention to its regular review of the
Provincial Auditor's Reports.
Finally, the Special Committee
on Regulations has resumed its review of the regulations and bylaws of
professional associations under the chairmanship of Don Toth. Changes to
the way in which issues are presented and documented have simplified the
committee's procedures. This in turn has enabled the material to be reviewed in
a more effective and efficient manner.
New Clerk Assistant
For the first time in nearly 20
years, a new Committee Clerk/Table Officer position has been created. Viktor
Kaczkowski has been appointed Clerk Assistant and assumed his duties on
November 13, 2000. Mr. Kaczkowski joins the Saskatchewan Table after eight
years at the Ontario Legislative Assembly.
Margaret A. Woods
Clerk
Assistant
Northwest Territories
The Third Session of the
Fourteenth Legislative Assembly reconvened on October 31st, 2000. On
November 3rd, Jane Groenewegen, Minister of Health and Social
Services, introduced Motion 9-14(3): Legislative Assembly's Declaration on
Family Violence. The Motion resolved:
That the Members of the 14th
Legislative Assembly declare their intent to address the issue of family
violence through their personal commitments to help stop family violence
through their own actions and leadership; and further support a collective
commitment of the 14th Legislative Assembly to work in partnership
with communities and their leaders to help “lift the silenc”e surrounding
family violence and create caring supports for people experiencing violence;
and furthermore the 14th Legislative Assembly invites all northern
leaders, including leaders of aboriginal governments and organizations,
municipal governments, trade unions, boards, agencies and societies, to adopt
the principle of zero tolerance of family violence in spirit and in practice.
The Motion was carried
unanimously.
During this sitting, ten Bills
received Royal Assent. In addition, Bill 13, Hotel Room Tax Act,
received Second Reading and has been referred to the Standing Committee on
Governance and Economic Development. The Bill would establish a tax on the
price of accommodation at hotels, motels, lodges and other such establishments.
It would set out a procedure to register operators to collect the tax. The Bill
would also set out enforcement provisions to ensure the tax is paid, collected
and remitted in accordance with the Act and the regulations. Public
consultations are currently underway.
The Legislative Assembly also
struck two Special Committees before the House was recessed on November 16th.
The Special Committee to Review
the Official Languages Act is chaired by Steve Nitah, MLA for Tu
Nedhe. The Committee will conduct a mandatory 10-year review of the Official
Languages Act, including an examination of the administration and
implementation of the Act, the effectiveness of its provisions and the
achievement of the objectives stated in its preamble. The Committee is
empowered to make recommendations for changes to the Act.
The Special Committee on the
Implementation of Self-Government and the Sunset Clause, is co-chaired by Sandy
Lee, MLA for Range Lake and Jim Antoine, Minister of Aboriginal
Affairs. The Committee was created to consider matters under its authority that
are impacted by the implementation of self-government in the areas of
legislation, programs, services and finances and to provide advice and
direction to the Government of the Northwest Territories. The Committee must also
examine the Sunset Clause, which in Section 2 of the Legislative Assembly
and Executive Council Act provides that upon dissolution of the 14th Legislative
Assembly the current electoral boundaries cease to exist. It is important that
the Legislative Assembly give consideration on the impact this section would
have for the future of public government in the Northwest Territories and upon
the implementation of self-government.
Also during the Session, Anthony
(Tony) Whitford, Speaker of the Legislative Assembly unveiled his new
Speaker's robe. In the Northwest Territories, Speaker's have traditionally worn
robes that represent the region and the culture of his/her origin. It is the
desire of our current Speaker to wear a robe that captures the cultural mosaic
that makes up the Northwest Territories. His robe reflects the wonderful
diversity of people who live “North of Sixty”. Speaker Whitford stated that
“the ceremonial robe lends authority and cultural relevance to my position as
Speaker. I am pleased to support the Northwest Territories tradition of wearing
a robe that truly reflects our many cultures.” The Clerks at the table also
have new northern jackets that mirror the style of the Speakers robe.
On January 17th
Premier Stephen Kakfwi made a territorial wide address. His speech
marked the first anniversary of his election as Premier. Premier Kakfwi
promised that the Government of the Northwest Territories will guarantee
employment to every NWT graduate from a recognized nursing or teaching program.
“We will aggressively recruit and retain individuals in competitive job
categories, so that from within our own ranks, we can meet the shortage of
these professionals,” said Mr. Kakfwi. He also forecasted that by the end of
March, the GNWT would be in a position to extend the same guarantee to other
priority occupations. This was one of the many initiatives the Premier said his
government will pursue to achieve its vision of a proud and independent “have
territory” in Canada's north.
The Premier also renewed his
government's commitment to conclude Aboriginal rights negotiations and
announced that a process will be established to look comprehensively at
political and constitutional development in the NWT.
The House is scheduled to
reconvene the Third Session on February 14th. During this Session
the annual budget will be presented for consideration.
New Sergeant-at-Arms
Just prior to the start of Session, on
October 19th, the first woman Sergeant-at-Arms for the Northwest
Territories was appointed. Ms. Nicole Latour-Theede is a Metis woman who
was born in Yellowknife and raised in a number of northern communities. As the
first female Sergeant-at-Arms in the Northwest Territories, Ms. Latour-Theede
was excited to accept the opportunity and expressed enthusiasm in being given
the opportunity to introduce a fresh and innovative perspective to her
position.
Pamela Colquhoun
Public
Affairs and Communications Advisor
House of Commons
An election was held in every
electoral district in Canada on the twenty-seventh day of November, 2000. The
election was characterised by low voter turnout. Only 58% of Canadians voted in
the election, a decrease of more than 5% from the previous election. The new
Parliament includes 47 new Members which is the fewest since 1980. The large
Liberal majority has caused the government benches to take up a bigger section
of the opposition side of the House than either the NDP or the Tories. All four
opposition parties achieved at least the 12 seats required for official
recognition in Parliament.
The First Session of the 37th
Parliament began on January 29, 2001. Pursuant to the Standing Orders, the
first item of business on the agenda was the election of a Speaker. After five
ballots, it was announced that Peter Milliken had been elected to the
Office of the Speaker. Leaders of all the parties paid tribute to Mr. Milliken
and offered their congratulations. Mr. Milliken has expressed interest in
working with the House Leaders to improve parliamentary affairs. The following
day, the 301 Members were summoned to the Senate for the Speech from the Throne
delivered by Governor General Adrienne Clarkson.
Procedure
Prime Minister Jean Chrétien moved
a motion that the Speech from the Throne be taken into consideration; the
motion was agreed to. Paul Macklin, seconded by Carole-Marie Allard,
moved the motion on the Address in Reply to the Speech from the Throne.
Questions and comments followed Ms. Alllard's maiden speech in the House of
Commons, which prompted the Prime Minister to rise on a point of order to state
that never before on the day of the Speech from the Throne, have Members
questioned one another. During the debate, Stockwell Day moved that the
debate be now adjourned. Subsequently, Don Boudria moved that the House
do now adjourn. Both motions were agreed to.
Debate resumed on the motion of
Mr. Macklin the following day, which is a day reserved for the speeches of the
Leaders of the parties. The Official Opposition was critical of what they
called a strong interventionist approach, advocating instead an empowerment
approach for individuals, communities, and the whole of civil society. They
called for significant tax cuts, a new budget in the spring, parliamentary
reform, and an independent ethics commissioner reporting directly to
parliament. The Prime Minister replied that the government cannot separate
social and economic principles, and that his party has been given a mandate by
the Canadian people to build an innovative economy, ensure social inclusion,
and to strengthen the voice of a united Canada on the world stage. All
opposition parties agreed on the need for a new budget.
On January 30, the Speaker
announced the members of the Board of Internal Economy. They are: Don
Boudria and Andy Mitchell, members of the Queen's Privy Council; Marlene
Catterall and Jacques Saada, representatives of the government; Chuck
Strahl and John Reynolds, representatives of the Canadian Alliance; Stéphane
Bergeron, representative of the Bloc Québécois; Bill Blaikie,
representative of the New Democratic Party; and Peter MacKay,
representative of the Progressive Conservative Party.
The following day, Presiding Officers
were appointed on nomination of the Prime Minister. They are: Bob Kilger,
Deputy Speaker and Chairman of Committees of the Whole House; Réginald
Bélair, Deputy Chairman of Committees of the Whole House; and Eleni
Bakopanos, Assistant Deputy Chairman of Committees of the Whole House.
Motions agreed to. Mr. Kilger was subsequently appointed to the Board of
Internal Economy.
On January 31, following
Question Period, John Williams rose on a point of order concerning the
use of a Governor General's special warrant providing for operating
expenditures during the period of dissolution before the 37th
Parliament. In the opinion of the Member, these expenditures were not eligible
to be approved by special warrant since there was already an appropriation made
by the House last June to cover the operating expenditures for the Departments
listed, and the special warrant was therefore a contravention of the law as it
currently stands. The Speaker expressed his reservations as to whether the
issue was truly a point of order, and invited the Leader of the Government to
clarify the situation. The Speaker then closed the debate in saying that this
special warrant would be referred to committee for consideration, and that the
Member should raise his concerns there.
The Speaker informed the House
that pursuant to Standing Order 81(10), a total of eight days would be allotted
for the Supply Period ending March 26, 2001.
Other Matters
The Prime Minister announced
some minor changes to Cabinet to replace two ministers defeated in the November
election. Robert Thibault replaces Bernie Boudreau as the
Minister responsible for the Atlantic Canada Opportunities Agency, while Sharon
Carstairs takes over his role as Senate Leader. Rey Pagtakhan was
appointed to replace Raymond Chan as Secretary of State for the Asia
Pacific region.
An Ottawa MP has been named the
first woman to hold the post of Chief Government Whip in the House of Commons. Marlene
Catterall replaces Mr. Kilger who resigned to pursue his interest in the
Office of the Speaker.
Bonnie Charron
Procedural
Clerk
Table Research Branch
House Proceedings and Parliamentary Exchanges Directorate
Prince Edward Island
The 2nd Session of
the 61st General Assembly of Prince Edward Island's opened on
November 23, 2000 with the reading of the Speech from the Throne by Lieutenant
Governor Gilbert R. Clements. The session adjourned on December 20 after
15 sitting days. During this relatively brief fall session, 26 Government Bills
were introduced: 24 having received Royal Assent and two of which remain on the
Order Paper for the spring sitting (anticipated to commence in March). Some of
the more significant legislation considered by the House include:
- The Pharmaceutical Information Act (Bill #4), which
provides for the establishment and regulation of an electronic network
linking pharmacies, care providers, hospitals, and other health facilities
and making available patient medication records;
- The Act to Amend the Income Tax Act
No. 2 (Bill #6), which separates PEI's income tax regime from that
of the Government of Canada;
- The Child Protection Act (Bill #14), which
is a complete revision of the role and processes of the Department of
Health & Social Services as they relate to the protection of children
from harm and neglect; and
- Amendments to the Highway Traffic
Act
(Bill #17), which implement a system of graduated drivers' licensing for
newly licensed drivers. The Bill also empowers the Lieutenant Governor in
Council to make regulation relating to the use of cell phones while
driving.
- Also of significance was the introduction
of the Freedom of Information and Protection of Privacy Act (Bill
#19). The Bill has been referred to a Standing Committee of the House for
review. Public hearings will be held during February and March, with a
report expected during the spring sitting.
After an interim report during
the fall sitting, the Special Committee on the Elections Act has continued
its deliberations over the winter and will make a final report in the spring.
Under consideration is the Provincial Election Act. In addition, during
the public hearing process the Committee heard representation calling for the
implementation of a system of proportional representation for returning Members
to the Legislative Assembly. It is anticipated that the Committee will also be
making report on this matter in its report to the House.
Administratively, the
Legislative Assembly web-site was expanded just prior to the opening of the
session to include the Journal of the Legislative Assembly, daily order papers
and transcripts of Oral Question Period. Further modifications to the site are
planned including the posting of a “virtual tour” of the Assembly.
A by-election has been called
for February 26 in the district of Morell-Fortune Bay, where former Minister of
Fisheries, Aquaculture and Environment, Kevin MacAdam, resigned to run
in the federal election. After being unsuccessful in the Federal Election, Mr.
MacAdam was nominated as the Progressive Conservative candidate for the
by-election and is now running against Larry McGuire for the Liberal
Party and Lynn Keefe for the Island New Democrats.
Jill Walsh
Clerk
Assistant and Clerk of Committees
Quebec
When the proceedings adjourned
on December 20, 2000, the Members of the Quebec National Assembly had passed
some thirty public bills (one of which was introduced by the Official
Opposition House Leader) and four private bills, since the resumption of
proceedings October 17, 2000.
On the eve of the Assembly's
adjournment, the Government House Leader, claiming the urgency of the
situation, moved a motion to suspend certain rules of procedure in order to
adopt four bills. Other than the bill on municipal mergers, namely the Act
to reform the municipal territorial organization of the metropolitan regions of
Montréal, Québec and the Outaouais, which was the source of numerous
debates in recent months, the three remaining bills included in this motion
were the following: An Act to again amend various legislative provisions
respecting municipal affairs, An Act respecting La Financière agricole du
Québec and An Act to amend the Crop Insurance Act.
Furthermore, a few days prior,
with the Opposition in agreement, the Minister of Labour had been forced to
introduce a special bill in order to ensure the resumption of normal public
transport service in the territory of the Société de transport de la Communauté
urbaine de Québec.
The following are among the
other bills that were adopted since last November 15:
- the Act respecting the exercise of the
fundamental rights and prerogatives of the Quebec people and of the Quebec
State, which reaffirms the fundamental rights and prerogatives of the
Quebec people and the Quebec State. The bill specifies, in particular,
that the Quebec people has an alienable right to freely decide the politicial
regime and legal status of Quebec, and that the Quebec people, acting
through its own political institutions, shall determine alone the mode of
exercise of that right. In addition, the bill establishes that no other
parliament or government may reduce the powers, authority, sovereignty or
legitimacy of the National Assembly, or impose constraint on the
democratic will of the Quebec people to determine its own future. The bill
also states the characteristics and the jurisdiction of the Quebec State in
various areas.
- the Act respecting equal access to
employment in public bodies and amending the Charter of human rights and
freedoms, establishes a special framework so that women, aboriginal
peoples, members of visible minorities may have equal access to employment
in public bodies.The Human Rights and Rights of Youth Committee will see
to the carrying out of the new provisions and will oversee the development
of equal access employment programs.
- the Act to amend the Supplemental
Pension Plans Act and other legislative provisions, which simplifies
the legislative framework applicable to supplemental pension plans.
Provisions are included in the bill concerning the appropriation by the
employer of all or part of the surplus assets of a pension plan to the
payment of employer contributions.
- the Act to amend the Act respecting the
conditions of employment and the pension plan of the Members of the
National Assembly, which amends the existing act in order to increase
the annual indemnity of the Members of the National Assembly from $63,317
to $69,965 as of July 1, 2000. The bill also provides that the annual
indemnity is to be increased by 2.5% as of January 1, 2001 and by 2.5% as
of January 1, 2002. The annual indemnity will subsequently be increased by
a percentage equal to the percentage of increase applicable to the salary
scales for the group of positions of senior executive officers in the
public service.
- the Act to amend the Highway Safety Code
and the Automobile Insurance Act, as regards the establishing of speed
limits, particularly in school zones, and the power of municipalities to
establish such speed limits. This bill includes amendments concerning the
speed limits authorized for outsized vehicles requiring special permits.
Furthermore, it clarifies the provisions concerning the number of
passengers permitted in a road vehicle. It also specifies, as regards
motorcycles, the obligations of the holders of learner's licenses and of
the persons who accompany them.
Ministerial Statement
On March 22, 2000, the National
Assembly passed a resolution designed to approve, with certain amendments, the
recommendations indicated in the report from the committee on the remuneration
of judges of the Court of Quebec and of municipal courts in relation to the
pension plan and fringe benefits associated with this plan and with the
collective insurance plans (Bisson Report). This resolution was
contested at the Superior Court level by the Quebec Judges Conference.
On December 20, following
evaluations made by the Treasury Board indicating that the cost associated with
the new pension plan proposed in the Bisson Report differed from that
which the Board had estimated and included in the answer tabled by the
Government before the National Assembly, the Minister of Justice, by means of a
ministerial statement, indicated her intention of recommending that the
Government take the necessary measures in order to implement in full the second
Bisson Report. Consequently, upon the resumption of Assembly proceedings
this spring, the Minister should propose amendments to Bill 178, An Act to
amend the Courts of Justice Act.
Appointment
During the same sitting, the
motion moved by the Premier to name Pauline Champoux-Lesage
as Public Protector was carried nemine contradicente. Mrs.
Champoux-Lesage was appointed for a five-year period, beginning on January 3,
2001. Before being named to this position, she was Deputy Minister at the
Ministry of Education.
Exchanges with other
Parliaments
Last November 15, the President
of the National Assembly, Jean-Pierre Charbonneau, and the President of
the State Council of the Republic of Tatarstan, Farid Khairullovich
Moukhametshin, signed an information exchange agreement that will enable
their respective legislative assemblies to exchange information and experiences
for the betterment of their legislative proceedings.
This delegate's visit was the
follow-up to a mission to Tatarstan headed by the Member for Portneuf, Roger
Bertrand, president of the National Assembly delegation for relations with
Europe, in February 1999.
Parliamentary Simulations
Each year, during the Christmas
holidays, several parliamentary simulations for various age groups are held
consecutively at the Parliament Building. They are the following: the Student
Parliament, under the sponsorship of the Assemblée parlementaire des étudiants
du Québec (young people from 18 to 25 years of age); the Quebec Youth
Parliament, (non profit association recognized by the Inspector General of
Financial Institutions of Quebec); and finally, the Student Forum, organized in
collaboration with the Commission de la capitale nationale du Québec, the
Association des politicologues du réseau collégial du Québec, and the Ministère
de l'Éducation, with a view to introducing college-level young people to the
everyday life and work of Members. The latter activity takes place under the
supervision of professors and of members of the Assembly staff.
Since its establishment in 1992,
on the occasion of the Bicentennial of the Parliamentary Institutions of
Quebec, the Student Forum has now become a tradition. Using as a guide the
Standing Orders and other Rules of Procedure of the National Assembly, which
are adapted for the duration of the simulation, the participants hold caucus
meetings, debate the budget policy proposed by their Minister of Finance, give
clause-by-clause consideration to their bills in parliamentary committee, etc.
In parallel, certain students learn the fundamentals of the work of
parliamentary correspondents while others learn about press officers and their
work.
This year, from January 7 to 11,
some 140 young people from 25 public and private Quebec colleges participated
in the “9th Legislature of the Student Forum”, during which they
considered and adopted three bills: An Act respecting the recovery of
recyclable material; An Act respecting day care benefits granted for
children with a disability or who are seriously ill;and An Act
respecting publicity and sponsorship in high schools and colleges. `
Rulings from the Chair
On November 21, 2000, the
Speaker gave a directive on time management during Question Period since the
beginning of the 36th Legislature. The directive outlined the basic
criteria that guide the Chair with regard to the distribution of questions and,
incidentally, on the length of questions and answers as well as the rank of
questions asked by the independent Members or Government Members.
The main criteria that the Chair
observes during Question Period are the following: any Member may ask a question,
including Government party Members; Question Period is mainly set aside for the
Opposition on the whole; the acknowledgement of a party as a parliamentary
group is a principle that must be considered in conjunction with the first two.
As regards the distribution of questions, no more than one question per three
sittings is usually allotted to the independent Members and a maximum of two
questions per three sittings could be allotted to Government party Members.
Concerning the rank of
questions, when an independent Member is allowed a main question, it is not
before the fourth question that the Chair gives him the floor. When a
Government party Member wishes to ask a question, it is not before the fifth
question that he is given the right to speak. In the case where the fourth
question was granted to an independent Member, it is not before the sixth
question that a Government party Member may speak. All other questions are
granted to Official Opposition Members. As regards supplementary questions, Standing
Order 78 states that it is up to the Chair to determine the number thereof.
The management of time used for
questions and answers is the aspect of Question Period for which the Chair
exercises the most discretion. In this regard, the Chair may take into
consideration the current political events or the nature of the subject. On the
whole, while following certain guidelines, the Chair avoids creating a
situation that would be restrictive and thus not representative of the nature
of Question Period.
On December 7, 2000, the Speaker
rendered a decision regarding a request to rise on a point of privilege or
contempt by a Member of the Official Opposition. According to the Member, on
December 6, 2000, as she was leaving the Assembly Room after the adjournment of
the proceedings of the Assembly, which had just concluded the debate on the
report stage of a bill, the Minister of Revenue allegedly contravened the
provisions of paragraph 55(10) of the Act respecting the National Assembly
by threatening her because of the comments she made during this debate.
According to the Member, on at least two occasions the Minister threatened her
by saying that she would pay for the comments she made during the debate.
The Chair ruled that, owing to
the precedents in similar cases, the facts could, at first glance, give rise to
a point of privilege or contempt. Despite the fact that the Chair did not
witness the event described by the Member, in such a situation, the Chair has
no other choice but to accept the word of the Member who raises such a matter,
otherwise no question of this nature could at first glance be declared
receivable.
Francine Boivin Lamarche
Secretariat
of the Assembly
Translated by: Sylvia Ford
Secretariat of the Assembly
British Columbia
The Legislative Assembly of
British Columbia met for a special sitting on December 7, 2000, in order to
bring forward the second Supplementary Estimates in British Columbia's history.
The BC Legislature introduced, debated and passed its first Supplementary
Estimates at a special sitting on September 17, 2000. The purpose of the first
special sitting was to introduce Bill 33, the Supply Act, 2000-2001
(Supplementary), which authorized additional provincial funding for
hospitals expenditures and the recruitment and retaining of doctors in rural
and small urban communities, and allocated $70 million in restored Canadian
Health and Social Transfer funding to the Ministry of Health. The most recent
sitting was called to introduce Bill 34, Supply Act, 2000-2001
(Supplementary No. 2), which authorized additional provincial funding of
$212 million for the Ministry of Health.
These special sittings were called
in order to reduce the use of Special Warrants, a goal established in the
government's reformed budget planning and estimate debate process and reflected
in the Budget Transparency and Accountability Act, which came into force
on July 6, 2000.
New Deputy Speaker
During the special sitting on
December 7, Dennis Streifel, MLA, the NDP member for Mission-Kent, was
elected Deputy Speaker. He replaces the Tim Stevenson, MLA, who became
Minister of Employment and Investment in November.
Legislative Committees
The Select Standing Committee on
Finance and Government Services, which, in accordance with the Budget
Transparency and Accountability Act, was struck in July 2000 to analyse and
make recommendations with respect to the pre-budget consultation paper prepared
by the Minister of Finance, deposited its final report with the Clerk of the
House on December 27, 2000.
The Committee fulfilled its
mandate to consult widely with British Columbians on budgetary and fiscal
policy options and priorities for the upcoming provincial budget by publishing
a call for submissions and holding 14 public hearings at locations throughout
BC during the month of November. Its report surveys the views of 477
participating individuals and organizations on the matters of fiscal policy;
provincial deficit and debt; taxation; streamlining and privatization; funding
for various sectors, including health, education and training, and the social,
environmental and justice sectors; labour relations and employment; and matters
relating to the public service, agriculture and food, transportation and
highways, arts, heritage and culture, sport and recreation, the resource and
business sectors, and local government. In brief, the Committee discerned two
broad streams of opinion: one that emphasized the need to enhance BC's
competitive position and strengthen the provincial economy through tax cuts,
regulatory streamlining and other measures, and one that emphasized the need
for sustained public spending to achieve the Province's social and economic
objectives. The Report on Pre-Budget Consultation in British Columbia is
available on the web site of the Select Standing Committee on Finance and
Government Services.
A number of Legislative
Committees are continuing with the tasks assigned to them during the Third
Session of the Thirty-Sixth Parliament.
The Select Standing Committee on
Agriculture and Fisheries met in January and February for the purpose of
discussing its final report on a new agri-food policy for British Columbia.
The Select Standing Committee on
Public Accounts met in December 2000 with Auditor General Wayne Strelioff and
Comptroller General Arn van Iersel to discuss the Office of the Auditor
General's follow-up process, the mandate of the office, and the year-end and
supplier payment process.
The Special Committee to Appoint
a Child, Youth and Family Advocate, appointed to select, and recommend the
appointment of a Child, Youth and Family Advocate, met in January 2001 to hear
an overview of the work of the Child, Youth and Family Advocate's Office from
the current Advocate, Ms. Joyce Preston. The Committee also published an
advertisement for the position in fifteen BC newspapers and two national
newspapers in late January. The Committee will be accepting applications until
February 28, 2001.
The Special Committee on
Information Privacy in the Private Sector met in February to hear the results
of the focus-group discussions and opinion poll it commissioned from Ipsos-Reid
on British Columbians' views of information privacy in private sector
transactions. Highlights of that research included the findings that 74 percent
of respondents were concerned about the issue of information privacy, with
financial, medical or health, or “personal” information (age, ethnicity,
religion, etc.) being the types of information that respondents thought were
most relevant to a discussion of information privacy. The Committee is in the
process of drafting its final report.
Members of the Legislative
Assembly
Transportation and Highways
Minister Harry Lali, the NDP MLA for Yale-Lillooet, resigned from
cabinet on February 8, 2001, claiming dissatisfaction with the leadership of
Premier Ujjal Dosanjh. Mr. Lali has confirmed that he will remain a
member of the NDP caucus until the dissolution of the Thirty-Sixth Parliament,
but will not seek re-election. A provincial general election must be called by
June 28 of this year.
Helmut Giesbrecht, NDP member for Skeena, has replaced Mr.
Lali as Minister of Transportation and Highways.
Wynne MacAlpine
Committees
Researcher
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