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Northwest Territories
Discussion on the creation of two new
territories and amendments to the proposed Family Law Bills dominated the final
days of the Fourth Session of the Thirteenth Legislative Assembly when it reconvened
in October.
In the early days of the sitting, John
Todd, Chairman of the Division Planning Committee, tabled "Creation of
Two New Territories: Transition Action Plan". The draft plan identifies a
number of priority issues that need to be addressed to ensure a smooth, orderly
transition for the creation of the new Nunavut territory and the Western
Territory.
The plan also estimated that $136 million in
additional funding is required to cover transitional and incremental costs
associated with the creation of the two new territories in 1999.
Mr. Todd said the plan would be many things
to many people, including advice for Jack Anawak, the Interim
Commissioner of Nunavut, and Nunavut Tunngavik Incorporated (the Inuit land
claim organization), a guide to action for the Government of the Northwest
Territories, and a comprehensive costing for the Federal Government.
In keeping with the move ahead to the
division process, Premier Don Morin announced the appointment of Goo
Arlooktoo as Minister Responsible for Nunavut Transition Planning and Charles
Dent as Minister Responsible for Western Transition Planning. Both
ministers will assist Mr. Todd, the lead Minister in the Division process.
Shortly after his appointment, Mr. Dent
tabled, on behalf of the Western Caucus of the Legislative Assembly, a document
titled "An Action Plan for Transition to a New Western Territory."
The plan outlines a number of short, medium and long-term initiatives that are
needed to ensure a smooth transition to a new Western Territory.
Members also agreed to recommend a 17-Member
Assembly for the first Nunavut Legislative Assembly, following up on a similar
recommendation from the Nunavut Electoral Boundaries Commission. The
recommendation has been forwarded to Jane Stewart, Minister of Indian
Affairs and Northern Development.
Members also made a number of changes to
family law legislation with three bills -- Family Law Act, Children’s Law Act,
and Child and Family Services Act -- receiving Royal Assent. The three bills
update the Northwest Territories legislation in this area and eliminates
inconsistencies in past legislation. A fourth Bill, The Adoption Act, died on
the order paper and a new, redrafted bill is expected to be introduced when the
Fifth Session reconvenes in January.
The Commissioner of the NWT, Helen
Maksagak, officially opened the Fifth Session of the 13th Legislative
Assembly on October 21, 1997. During the abbreviated session, Members spent two
days reviewing the Government’s progress and the performances of the Premier
and Cabinet Ministers in the first two years of its mandate, including a
marathon 17-hour sitting on the final day of the review.
A number of bills, including the Power
Corporation Act and An Act to Amend the Public Utilities Act, were also
introduced and referred to the Standing Committees to begin the review process.
The Power Corporation and Public Utilities bills seek to amend current
legislation to allow for the NWT Power Corporation to be jointly owned by the
Nunavut and Western Territory governments on and after April 1, 1999.
The House adjourned until December 2 when a
special sitting, to discuss National Unity, will be held before breaking for
Christmas.
Legislation
Numerous bills also received assent in the
final days of the Fourth Session. In addition to the three Family Law Bills,
other legislation that received passage included:
• An Act to Amend the Workers’ Compensation
Act which increases the Yearly Maximum Insurable Remuneration paid to injured
workers to $52,000 from $49,000.
• An Act to Amend the Elections Act which
makes a number of amendments to the legislation to meet the election
requirements of the new Nunavut territory and the new Western Territory. The
changes made permit voting in the office of the returning officer, provide for
mail-in voting, clarify the circumstances under which proxy votes may be used,
and other technical amendments. These changes were made in response to issues
identified by the Chief Electoral Officer of Canada in his report to the
Assembly following the 1995 General Election.
• Supplementary Appropriation Act, No. 2,
1997-98 which allows the government to make supplementary appropriations of
over $16 million for the fiscal year ending March 31, 1998.
Committees
During the fall months committee members reviewed
the 1998-99 departmental business plans for the government. Department
officials also reported to Committees on their mid-year activity status reports
for the current fiscal year.
In September, members of the Social Programs
Committee finalized their report to the House on the proposed Family Law Bills.
The report was prepared following an extensive round of public hearings held in
northern communities in the spring and summer months.
Ronna Bremer
Public Relations Officer
Quebec
On 25 August 1997, Premier Lucien
Bouchard proceeded to reorganize his Cabinet and to increase to 23 the
number of Québec Government Ministers. The sole addition to Cabinet is Jean-Pierre
Jolivet, who, since January 29, 1996, had been Chief Government Whip. He is
now Minister for Electoral and Parliamentary Reform and Government House Leader
and replaces Pierre Bélanger. André Boulerice will assist him as
Deputy Government House Leader.
The Leader of the Government also appointed Jocelyne
Caron, former Deputy Government House Leader, as Chief Government Whip. She
will be assisted by current Deputy Government Whips Solange Charest and Diane
Barbeau.
After a 33-day campaign, by-elections were
held last October 6 in four Québec ridings. In Bourassa and Kamouraska-Témiscouata,
by-elections were called following the resignations of two Members who ran for
office in the last federal elections. The candidates returned were Michèle
Lamquin-Ethier and Claude Béchard, both from the Liberal Party. Yvon
Charbonneau, the former Member for Bourassa, now sits in the House of
Commons as Member for Anjou-Rivière-des-Prairies. In the riding of Duplessis,
Parti Québécois candidate Normand Duguay replaces Denis Perron,
who passed away last April. Finally, Liberal Member Denis Chalifoux was
elected in Bertrand, thus replacing Robert Thérien, whose election in
that riding on 12 September 1994 was recently cancelled following a decision of
the Court of Appeal. The political parties at the National Assembly stand as
follows: Parti Québécois, 75; Québec Liberal Party, 47; Action démocratique du
Québec Party, 1; Independent Members, 2; for a total of 125 Members.
Within the framework of the Parliamentary
Conference of the Americas that was held in Quebec from September 18 to 22,
1997, the Quebec National Assembly was host to some 800 participants, over 400
of whom were delegates of unitary, federated and federal State Parliaments
representing 28 of the 35 countries of the hemisphere. An additional 400
observers from various intergovernmental and non-governmental organizations,
research institutes and business and union associations were also present.
This event, which was an initiative of the
Speaker of the National Assembly, obtained the support of the Parliament of
Canada and of the major parliamentary organizations of the Americas. The
keynote address was delivered by Oscar Arias Sánchez, recipient of the
1987 Nobel Peace Prize. The various workshops dealt with democracy, human
rights, free trade and employment, education and job training, social security
and health policies, cultures, languages and communications, as well as
sustainable development. These workshops enabled participants to discuss the
stakes and impacts of the process of continental economic integration and gave
parliamentarians an opportunity to reflect upon the exercise of their
representative, legislative and interparliamentary duties within this context.
Upon the conclusion of the Conference, a
declaration containing a decision to establish a follow-up committee was carried
by the parliamentarians of the Americas. The purpose of this committee is to
examine the framework for pursuing the dialogue leading to a structure which
would regroup representatives of the Parliaments and interparliamentary
organizations of the Americas. The chairmanship of this Committee was conferred
on Jean-Pierre Charbonneau, Speaker of the Quebec National Assembly, who
will convene its first meeting in 1998.
Upon the resumption of proceedings on
October 21, 1997, the National Assembly extended the proposed amendments to the
Standing Orders that it had adopted last spring until December 21, 1997. A
summary of these amendments can be found in Volume 20, no. 2 (summer issue) of
the Canadian Parliamentary Review. It should be noted that the hours of meeting
are the same for each day that the Assembly is to sit: from Tuesday to Thursday
from 10.00 o’clock a.m. to 6.00 o’clock p.m., the proceedings being suspended
from 12.00 o’clock noon until 2.00 o’clock p.m., at which time Routine
Proceedings are taken. The provisional amendments also modify the extended
hours of proceedings — which begin on November 25, 1997 — as well as the
parliamentary committees schedule.
The proposed amendments do not change the
timetable with respect to debates during Business Standing in the Name of
Members in Opposition, which are held on Wednesday mornings from 10.00 o’clock
a.m. to 12.00 o’clock p.m. This has the advantage of establishing a fixed
amount of time for the said debates. The Assembly also carried a new amendment
to Standing Order 97, which is replaced by Standing Orders 97, 97.1 and 97.2.
Under these new amendments, a Member wishing to move a motion under Business
Standing in the Name of Members in Opposition shall, not later than three hours
before the Routine Proceedings are to be entered upon on the sitting day prior
to that on which such business is to be taken, hand in a notice thereof for
publication in the Order Paper and Notices. If the notice is handed in on the
sitting day prior to that on which such business is to be taken, the Speaker
shall, at the time set aside for presenting papers during the Routine
Proceedings on the day the said notice is handed in, lay upon the Table a copy
of the notice. Prior to these modifications, notice was handed in no later than
at the end of the day on Monday in order to be placed on Tuesday’s Order Paper.
On October 30, 1997, the Speaker tabled a
special report from the Public Protector to the National Assembly, pursuant to
section 29 of the Public Protector Act, on the complaints from taxpayers
regarding the refusal by the Minister for Revenue to grant them the tax
benefits related to scientific research projects and experimental development
(R&D). The Member for Nelligan then raised a question regarding the measures
the Speaker would take to ensure that the Assembly examines this special
report. In his ruling, Mr. Speaker indicated that no authority other than that
of tabling the report of the Public Protector in the Assembly is invested in
the Speaker by statute.
Since there is no legal obligation to study
this report in parliamentary committee, only an order of referral to the
competent committee, pursuant to the rules of procedure of the National
Assembly, would allow the examination of this report. In the case in point,
there are several possibilities: The order of reference could be given by the
Assembly, pursuant to Standing Order 146. A committee could also initiate
proceedings, pursuant to Standing Order 149, if it deems the subject of the
report falls within its terms of reference. Also, the Committee on Institutions
could hear the Public Protector with respect to his special report, pursuant to
Standing Order 294.1. Finally, the Committee on Public Administration could
initiate proceedings pursuant to the Act respecting the accountability of
deputy ministers and chief executive officers of public bodies. As this report
was being written, no committee had yet followed up on the Speaker’s
suggestions.
Regarding an article written by Maureen
Martyn, which was published in the preceding volume and which compared
Canadian legislative assembly Web sites, we wish to remind our visitors that
the list that is currently available on our Assembly site indeed contains the
title of all bills introduced during the session in progress. The user also has
access to the text, which is identical in contents to that of the bill
introduced, but only of those bills that are still under consideration at one
of the various legislative stages. The text of bills given royal assent are not
provided since amendments that might have been carried in the course of the
passage of a bill must be included in the final version. Hence, we refer the
users to the Publications du Québec, given that this branch is currently
responsible for the transmission of bills that have been assented to.
Committees’ Report
The end of the summer and beginning of
autumn is usually an excellent time for committees to undertake orders of
initiative, and 1997 was no exception. A look at the results for 1996-97
indicates that the committees were busier than ever. Indeed, from 1 April 1996
to 31 March 1997, the parliamentary committees broke all activities records
since 1985.
The newest committee, the Committee on
Public Administration, certainly set a smart pace for its counterparts. This
committee was established on a temporary basis in April 1997. The provisions of
the Standing Orders regarding this committee have in fact been extended until
the end of December. Hence, the National Assembly, after having divided the
examination of Government finances by referring it to the various standing
Committees, has decided to reintroduce the notion of a Public Accounts
Committee by establishing the Committee on Public Administration.
Since its establishment, this committee has
examined the Quebec Auditor General’s annual report via the accountability of
public administrators. In September and October, the Committee heard seven
deputy ministers and chief executive officers of public bodies, such as, among
others, the Deputy Ministers of Justice, of Industry, Trade, Science and
Technology, and of Public Security, as well as the president of the Régie des
alcools, des courses et des jeux (alcohol, races and games board) and the chief
executive officers of the Government Air and Postal Service. The Committee on
Public Administration is in the process of drafting a report that will contain
its conclusions and recommendations following the execution of these mandates.
The report should be tabled by the end of November. The Committee also held two
sittings during which the Government’s financial commitments were examined.
The Committee on Culture was equally busy as
it continued its mandate on Identification cards and the protection of privacy.
The introduction of a single identification card and the protection of privacy
were among the items on the agenda. The Committee held a total of 18 sittings,
8 of which were public hearings during which 45 organizations and individuals
were heard. The Committee on Culture innovated in its organization of a public
hearing when it invited the chairmen of the Commission d’accès à l’information
(access to information board) and of the Commission des droits de la personne
et des droits de la jeunesse (human rights and youth rights board), the Public
Protector and the Auditor General to be present at the sitting, which unfolded
in much the same way as a round table or symposium would, allowing for an open
discussion among the participants. Within the framework of this same mandate,
the Committee also examined the new technology developed by the Régie de
l’assurance-maladie du Québec (medical insurance board) with respect to the use
of microprocessor and health cards. The final report is currently being drafted
and is scheduled to be tabled soon.
On the other hand, the Committee on Culture,
after having studied the annual report of the Commission d’accès à
l’information (access to information board), examined the five-year report on
the implementation of the Act respecting Access to documents held by public
bodies and the Protection of personal information. These mandates are
incidental to the aforementioned Act.
The Committee on Culture also held a general
consultation on immigration policies based on a Government paper entitled
"L’immigration au Québec de 1998 à 2000: Prévoir et planifier"
(Immigration in Québec from 1998 to 2000: Anticipating and Planning).
Furthermore, the Committee examined the 1997-2000 triennial activities plan of
Télé-Québec.
In September, the Committee on Education sat
on 9 occasions for the purpose of holding a general consultation on the draft
bill entitled An Act to amend the Education Act, which is the second phase of
the education reform undertaken in Quebec. Sixty-two briefs were submitted to
the Committee and 55 groups and individuals were heard. The Minister of
Education committed herself to introducing the said bill during the current
session.
The Committee on Labour and the Economy has
begun the clause-by-clause consideration of two bills, one of which modifies
the Quebec Pension Plan, while the Committee on Transportation and the
Environment examined the orientations, activities and management of the Société
de l’assurance automobile du Québec (motor vehicle bureau). It will be
undertaking a similar mandate but with respect to the Société québécoise de
récupération et de recyclage (waste recovery and recycling board).
In a similar fashion, the Committee on
Social Affairs examined the Corporation urgences-santé of the Montreal region.
Moreover, this Committee studied the annual reports of three regional health
and social services boards. On this occasion, it held a public hearing in
Rimouski. The holding of a committee sitting outside of the Assembly is not
regular practice. Finally, this Committee studied the management of blood
supplies and distribution in Quebec.
The Committee on Public Finance heard the
representatives of the Caisse de dépôt et placement du Québec (Quebec deposit
and investment fund), within the framework of an order of surveillance of
public agencies. The Caisse was originally established in order to collect the
Quebec annuities funds. Today, the Caisse manages 18 pension funds and public
benefit plans, totalling assets of over 57 billion dollars. This was the first
time in its 32-year history that the Caisse was convened before a parliamentary
committee in order that its orientation, activities and management be examined.
The Members discussed more specifically the following themes: the mission and
strategic objectives of the Caisse; the allocation of its portfolio and the
performance of the Caisse; the subsidiaries of the Caisse; and the examination
of the Caisse by the Auditor General. The Committee is considering tabling its
recommendations with regard to this mandate.
Johanne Lapointe
Secretariat of the Assembly
Translated by Sylvia Ford
Committees
The end of the summer and beginning of autumn is
usually an excellent time for committees to undertake orders of initiative, and
1997 was no exception. A look at the results for 1996-97 indicates that the
committees were busier than ever. Indeed, from 1 April 1996 to 31 March 1997,
the parliamentary committees broke all activities records since 1985.
The newest committee, the Committee on
Public Administration, set the pace for its counterparts. This committee was
established on a temporary basis in April 1997. The provisions of the Standing
Orders regarding this committee have in fact been extended until the end of
December. Hence, the National Assembly, after having divided the examination of
Government finances by referring it to the various standing Committees, has
decided to reintroduce the notion of a Public Accounts Committee.
Since its establishment, this committee has
examined the Quebec Auditor General's annual report via the accountability of public
administrators. In September and October, the Committee heard seven deputy
ministers and chief executive officers of public bodies, such as, the Deputy
Ministers of justice, of Industry, Trade, Science and Technology, and of Public
Security, as well as the president of the Régie des alcools, des courses et des
jeux and the chief executive officers of the Government Air and Postal Service.
The Committee on Public Administration is in the process of drafting a report
that will contain its conclusions and recommendations following the execution
of these mandates. The report should be tabled by the end of November. The
Committee also held two sittings during which the Government's financial
commitments were examined.
The Committee on Culture was equally busy as
it continued its mandate on Identification Cards and the Protection of Privacy.
The Committee held a total of 18 sittings, 8 of which were public hearings
during which 45 organizations and individuals were heard.
The Committee on Culture innovated in its
organization of a public hearing when it invited the chairmen of the Access to
Information Board and of the Human Rights and Youth Rights Board, the Public
Protector and the Auditor General to be present at the sitting, which unfolded
in much the same way as a round table or symposium, allowing for an open
discussion among the participants. Within the framework of this same mandate,
the Committee also examined the new technology developed by the Medical
Insurance Board with respect to the use of microprocessor and health cards. The
final report is currently being drafted and is scheduled to be tabled soon.
The Committee on Culture also held a general
consultation on immigration policies based on a Government paper entitled
"Immigration in Québec from 1998 to 2000: Anticipating and Planning".
Furthermore, the Committee examined the 1997-2000 triennial activities plan of
Télé-Québec.
In September, the Committee on Education sat
on 9 occasions for the purpose of holding a general consultation on the draft bill
entitled An Act to amend the Education Act, which is the second phase of the
education reform undertaken in Quebec. Sixty-two briefs were submitted to the
Committee and 55 groups and individuals were heard. The Minister of Education
committed herself to introducing the said bill during the current session.
The Committee on Labour and the Economy has
begun the clause-by-clause consideration of two bills, one of which modifies
the Quebec Pension Plan, while the Committee on Transportation and the Environment
examined the orientations, activities and management of the Motor Vehicle
Bureau. It will be undertaking a similar mandate with respect to the Waste
Recovery and Recycling Board.
In a similar fashion, the Committee on
Social Affairs examined the Emergency Health Corporation of the Montreal region
and studied the annual reports of three regional health and social services
boards, including a public hearing in Rimouski. The holding of a committee
sitting outside of the Assembly is riot regular practice. Finally, this
Committee studied the management of blood supplies and distribution in Quebec.
The Committee on Public Finance heard the
representatives of the Quebec Deposit and Investment Fund, within the framework
of an order of surveillance of public agencies. The Fun was originally
established in order to collect the Quebec annuities funds. Today it manages 18
pension funds and public benefit plans, totalling assets of over 57 billion
dollars. This was the first time in its 32-year history that the Fun was
convened before a parliamentary committee in order that its orientation,
activities and management be examined. The Members discussed the following
themes: the mission and strategic objectives of the Fund; the allocation of its
portfolio and the performance of the Fund; the subsidiaries of the Fund; and
the examination of the Fund by the Auditor General. The Committee is
considering tabling its recommendations with regard to this mandate.
Christian Comeau
Committees Secretariat
Manitoba
Following from the September meeting of the
First Ministers held in Calgary, Premier Gary Filmon announced on
October 1 the establishment of the Manitoba Task Force on Canadian Unity. The
Task Force is comprised of 6 Members of the Legislative Assembly - Neil
Gaudry, Oscar Lathlin, Shirley Render, Eric Robinson, Merv
Tweed and Hon. Vic Toews, and is chaired by Professor Wally
Fox-Decent, who had served as the Chair of the Manitoba Meech Lake Task
Force in 1989.
The Task Force held an inaugural meeting on
October 28, and announced intentions to receive input from Manitobans through a
variety of methods, including:
direct
mailings to all Manitoba households inviting public response
submissions
via a toll free telephone line
submissions
and information via the Internet
a
proactive approach in Manitoba schools
exploration
of new technologies in video and audio conferencing, and
an
extensive round of public hearings throughout Manitoba, including several First
Nation communities
The focus of the initiative is consideration
of the framework agreed to by Canada’s 9 Premiers and 2 Territorial Leaders in
Calgary on September 14.
Membership Changes
David Faurschou was elected to represent the Portage la Prairie
constituency for the Progressive Conservatives in a by election held on
September 30. His background includes being the current Vice-President and
General Manager of Faurschou Farms Ltd, a family-run business located just
outside the city of Portage la Prairie. He has been voted Canada’s Outstanding
Young Farmer, has been a school trustee, a past director of the Portage Chamber
of Commerce and a past director of the Portage Women’s Shelter.
The seat became vacant on April 28 with the
resignation of Brian Pallister, who resigned to run as a candidate in
the federal general election. The Portage la Prairie by-election marked the
first foray into a Manitoba provincial election by the Reform Party, though the
Reform candidate was officially registered as an independent.
Jim Ernst announced his resignation as the MLA for the Charleswood
constituency on October 28. Ernst, who was first elected in 1986, and
re-elected in 1988, 1990 and 1995, has accepted a position as Vice President of
Government Relations for OpTxCorp. In his tenure at the Legislative Assembly,
Ernst had held a number of cabinet positions, including Minister for Industry,
Trade and Tourism, Minister responsible for Sport, Minister of Consumer and
Corporate Affairs, Minister responsible for the Manitoba Lotteries Foundation,
and Government House Leader.
Patricia Chaychuk
Clerk Assistant
Ontario
The spring and summer Sessional periods at
the Ontario Legislative Assembly were very busy times. From the end of the
extended meeting of the House in April relating to the Toronto
"Megacity" to the Fall recess in early October, the House met for 83
Sessional days.
During this period, the House conducted
substantial debates on significant elements of the Mike Harris
government’s agenda. Among them were consideration of legislation to enact a
‘work-for-welfare’ system; to enhance safety on the highways by imposing or
increasing fines for unsafe trucks; to create the Education Quality and
Accountability Office and a College of Teachers, and to reduce the number of
school boards in the province; to reform the Workers’ Compensation system; to
revise the division of responsibilities between the provincial and municipal
governments; to establish the Ontario Financial Services Commission; to
regulate the transition during municipal restructurings and amalgamations; to link
and unify provincial and federal child support guidelines; and to revise the
structure of the province’s education system.
In addition to this ambitious workload, the
House dealt with a number of other interesting matters.
In anticipation of a recess that would allow
the various committees to conduct public consultations during July, the House
passed a calendar motion that provided for the House to adjourn on June 26
until mid-August. However, on the day before this recess, the Provincial
Integrity Commissioner, the Gregory Evans, filed with the Speaker his
report concerning a question by Liberal MPP Gerard Kennedy as to whether
the Minister of Municipal Affairs, the Al Leach, had contravened the
Members’ Integrity Act by communicating with the Health Services Restructuring
Commission about a hospital in his riding. Judge Evans found that, as a
Minister of the Crown, Mr. Leach should not have contacted the independent
commission and that by doing so, he had contravened the Act. However, Judge
Evans also recognized the uniqueness of the situation (the desire by Mr. Leach
to advocate as a private member concerning an important issue in his
constituency) and recommended no penalty or sanction.
However, a review of the Members’ Integrity
Act revealed that such a report of the Integrity Commissioner shall be
considered and responded to by the Assembly within 30 days of it being Tabled.
With the House poised for a recess longer than that, ways were considered to
comply with the legislation. Nevertheless, on June 26, as previously provided
for, the House concluded its business and adjourned until mid-August, leaving
the matter of the Integrity Commissioner’s report unresolved.
Prior to the adjournment, legislation had
been introduced, as previously mentioned, to deal with penalties for unsafe
trucks. In an unusual number of instances wheels had been coming dislodged from
their trucks and causing accidents on Ontario’s roads. In addition to numerous
injuries, there had been several deaths and legislators and the public alike
were alarmed at the frequency with which these incidents were occurring. As the
summer vacation season was approaching, the Parties in the Legislature worked
towards a solution that would see the House recalled for a day, both to deal
with the truck safety legislation and with the Integrity Commissioner’s report.
On the advice of the Government, the
Speaker, Chris Stockwell reconvened the Legislature on July 3. The truck
safety bill was given third reading and was passed and the Integrity Commissioner’s
report was referred by motion to the Standing Committee on the Legislative
Assembly, authorizing it to meet to consider the report for 2 days and to reply
directly to the Integrity Commissioner.
Also during the summer, 3 members resigned
their seats. Elinor Caplan (LIB - Oriole) chose to run in the federal
election, and was successful in her bid. Robert Chiarelli (LIB - Ottawa
West) decided to run for Regional Chair in Ottawa. Dave Cooke (ND -
Windsor-Riverside) accepted an appointment as Co-Chair of the newly-created
Education Quality and Accountability Office. In by-elections, the Liberals held
both their seats, electing Mrs. Caplan’s son, David Caplan, and Alex
Cullen, respectively. In Windsor-Riverside, the NDP held the seat,
returning former MPP Wayne Lessard to the Legislature again.
Perhaps the most significant procedural
happening during the Spring/Summer session was the adoption by the Assembly of
a number of amendments to the Standing Orders.
Among the more important changes debated and
ultimately made were:
the
addition of a purpose clause to the Standing Orders, affirming the various
rights of the members of the Legislature;
provision
for the House to meet during the evenings on any sessional day on the passage
of a government motion, and for such an evening meeting period to be a new and
separate sessional day;
provision
for a member who has been named by the Speaker but who refuses to withdraw from
the Chamber to be unrecognised by the House and for the business to proceed;
provision
for a right of abstention;
ensuring
that on any day, the Routine Proceedings must conclude no later than 4:00 p.m.,
whereupon Orders of the Day will be commenced;
recognition
of Independent members and the proffering of a right to speak in certain
instances, and to be a full member on a Standing committee;
clarification
of the time-lines for the Budget debate, the Tabling of the Estimates and the
debate on the Orders for Concurrence;
provision
for Chairs to group the votes on amendments that are appropriately grouped, to
dispense with reading amendments, to select from among duplicative amendments
for the purpose of voting and to establish filing deadlines for amendments in
committee;
reducing
the membership on Committees from 14 to 9 members, and
setting
a limit of 10 as the number of written questions any member may have on the
Orders and Notices paper at a time.
The amendments to the Standing Orders were
proposed by the Government House Leader, David Johnson, in June.
Following 3 days of debate on the motion for adoption of the changes to the
Standing Orders, a time allocation motion was brought in and passed; the
amendments were passed and subsequently came into force at midnight on August
21, 1997.
In September, the House established the
first Select Committee of the 36th Parliament, the Select Committee
on Ontario Hydro Nuclear Affairs. As a result of various problems in the
operations at Ontario’s nuclear generating plants and a number of reports
raising questions about the management of those operations, concern had grown
throughout the summer and autumn about the safety and viability of Ontario’s
nuclear program. The Committee has been instructed to Table its final report on
its observations and recommendations concerning the nuclear program by December
1, 1997.
Todd Decker
Clerk-at-the-Table and Senior
Committee Clerk
Senate
As is customary, the Senate was the setting
for the ceremonies opening Parliament, the Thirty-Sixth, inaugurated by the
Speech from the Throne on September 23, 1997. Contrary to the usual practice,
however, the Governor General, the Rt. Hon. Roméo LeBlanc, read the speech
outlining the Government’s legislative program from a lectern standing just in
front of the Throne.
Also different this year was the activity of
the Senate from the earliest days of the first session. Normally, as the
chamber of "sober second thought", the Senate becomes busy only
gradually as Government legislation is received following adoption by the House
of Commons. In this session, the Government introduced five non-financial bills
in the Senate before they had been considered by the Commons. In addition,
twelve Commons bills arrived in the Senate during the first three months of the
session. The five Senate bills were relatively non-controversial and three were
passed with amendments by December 1997 and sent to the House of Commons. Of
the twelve Commons bills, nine were adopted by the Senate without amendment and
subsequently enacted.
Of the bills considered in the first months
of the new Parliament, only three seemed to attract any widespread public
attention. The first was Bill C-24 which legislated an end to the postal
strike. The second, Bill C-16, concerned police warrants. The third bill, Bill
C-2, amended the Canada Pension Plan and establishes an independent agency, the
Canada Plan Investment Board, to invest transferred CPP assets with the
objective of obtaining a maximum rate of return without undue risk of loss.
The postal strike bill represents an example
of the ability of Parliament to react with relative speed to a situation deemed
to affect national interests. The bill passed through the House of Commons in
two days, the same length of time used by the Senate before it was adopted on
December 3. To accelerate the process, the bill was considered by the Senate in
Committee of the Whole after second reading. The Committee sat for six hours to
hear the Minister of Labour and the Minister of Public Works as well as
officials from Canada Post and the Canadian Union of Postal Workers (CUPW).
Bill C-16 amends the Criminal Code by
requiring the police to obtain a judicial warrant in order to enter a dwelling
to arrest someone. The bill was brought in by the Government in response to a
Supreme Court decision of last Spring which found that in some cases police
entry without such a warrant could violate the Charter of Rights and Freedoms.
While the bill had relatively smooth passage through the House of Commons, its
consideration in the Senate generated some controversy. Some Senators,
particularly Senator Anne Cools, objected to the fact that the bill was
being considered under a deadline imposed by the Court and she raised a point
of order on that basis. The Speaker, Senator Gildas Molgat, ruled
against the point of order. Senator Cools later proposed a reasoned amendment
during second reading debate. While this is a rare type of amendment for the
Senate, the Speaker found it to be in order. After second reading, the bill was
referred to the Standing Committee on Legal and Justice Affairs which reported
it without amendment. That was how it passed finally, unamended, just one day
before the December 19, 1997 deadline.
Bill C-2 was perhaps the most important bill
considered during these first months of the new Parliament. It was one of a
series of reforms to the Canada Pension Plan which will see premiums increased
substantially while at the same time, reducing some benefits; this is part of a
plan to keep the CPP solvent well into the next century. The Opposition, led by
Senator John Lynch-Staunton, seemed prepared initially to challenge the
bill’s progress at every step. One tactic used to forestall Senate proceedings
was to propose emergency debates under rule 60. In the end, however,
negotiations between the Government and the Opposition led to a compromise. The
Minister of Finance appeared before the Committee of the Whole Senate in an
unusual televised sitting to explain the Government’s policy on December 17,
1997. Also appearing separately were representatives of the Canadian Taxpayers
Federation and the National Council of Welfare. After obtaining the Minister’s
assurances that the sections and guidelines dealing with the Investment Board
would be reviewed by the Senate before their implementation, the bill received
third reading and passage the next day, December 18, 1997, the day the Senate
adjourned for the Christmas holidays. As the first increase in premiums was
scheduled for January 1, 1998, this timing was important.
Aside from legislation, the Senate was
occupied with two constitutional amendments, both of which dealt with
structural reform of school systems, one in Quebec and the other in
Newfoundland. Two separate Special Joint Committees were established to examine
the amendments.
The Committee dealing with the Quebec
amendment was co-chaired by Senator Lucie Pépin. The Quebec amendment,
abolishing the application of section 93 of the Constitution Act, 1867
guaranteeing a denominational school system in that province in favour of a
linguistically based system was supported by the federal government as an
example of the flexibility of the federal system. It was widely, but not
unanimously, supported. Senator Dalia Wood and Senator Thérèse
Lavoie-Roux, among others, remained opposed to the amendment
throughout the process. When the resolution was voted December 15, 1997 the
results were 51 to 17 for the resolution with two abstentions.
The Newfoundland resolution amended Term 17
of the Terms of Union between Canada and Newfoundland. Similar in some respects
to the Quebec amendment, it sought to alter the current educational system in
Newfoundland which is organized exclusively through denominational school
boards. Despite the unanimous support of the Newfoundland Legislative Assembly
and the positive results of a referendum, the amendment was challenged and
opposed as it was debated in the Senate. Speaking strongly in favour of the
amendment was Senator Joyce Fairbairn, who co-chaired the Special Joint
Committee that examined the subject-matter of the resolution. Still opposed was
Senator Willilam Doody who had spoken against the earlier resolution to
amend Term 17 proposed in 1996. When the vote was finally taken, the Senate
divided 45 to 26 in favour with one abstention.
Two other Special Committees were
established, met and reported during these first months of the session. Both
continued work begun in the previous Parliament. The Special Committee on Cape
Breton Development Corporation tabled its report December 15, 1997 and debate
is expected to take place when the Senate returns in February. The Special
Committee on Post-Secondary Education reported the next day, December 16, 1997.
In his final speech to the Senate, the Chairman of the Committee, Senator
Lorne Bonnell, mentioned three themes that were highlighted in the report:
the rapid increase in student loan debt; the growing internationalization of
education; and the need to improve support for research and development in
post-secondary institutions.
One other matter drew considerable public attention
on the Senate during these months. The question of Senator Andrew Thompson’s
lack of attendance over the course of many years became a topic that tarnished
the reputation of the Senate has a whole. In an effort to respond to the
negative criticism, the Committee of Internal Economy, Budgets and
Administration, chaired by Senator William Rompkey, submitted a report
proposing to suspend the Senator’s office budget, support services and most of
his travel benefits. In addition, Senator Colin Kenny, moved a motion
ordering Senator Thompson to appear in the Senate when it resumes sitting in
February or else face further sanctions for contempt. Both the report and the
motion were adopted by the Senate.
In speaking in support of the Committee
report, Senator Lowell Murray noted that such action was long overdue.
Addressing the broader aspects of the problem of attendance and absenteeism, he
proposed several suggestions for reform which he hoped might be studied when
the Senate returns to business in February. Among the proposals he put forward
for consideration was a significant reduction in the number of days a Senator
could be absent without cause calculated over a calendar year, rather than a
session. Senator Murray also recommended that a cap be imposed on absences due
to "public business" and that the financial penalty for frequent
absences should be increased. At the same time, he stated that the practice of
equating attendance in committee with attendance in the Chamber should be
severally limited. With respect to the difficult matter of illness, Senator
Murray asked whether it might be time to look at whether there are adequate
provisions to deal with the problem of long-term disability. In answering some
questions put to him by several Senators, Senator Murray underlined his belief
that it is an undoubted privilege to serve in Parliament because Senators are
not elected and, once appointed, serve to the age of seventy-five.
From the time the general election was
called in April 1997 and the opening of the new Parliament in September 1997,
two Senators died. Senator John M. Macdonald of Nova Scotia, the last
"lifer", died in June at the age on ninety-one and Senator Pietro
Rizzuto of Quebec died suddenly and unexpectedly in early August. Another
Senator, Walter Twinn of Alberta, also died suddenly in October of an
apparent heart attack. These deaths, together with three vacancies created by
retirements in New Brunswick, Quebec and Prince Edward Island, were filled by
the Government during the course of the autumn session.
When the Senate first met, the Government
nominated four new Senators. They were Senators Fernand Robichaud P.C., Catherine
Callbeck, Marisa Ferretti Barth, and Sister Mary Alice (Peggy)
Butts. In early December the Government nominated two more to the Red
Chamber, Senators Serge Joyal, P.C. and Thelma Chalifoux.
Several Senators including Findlay
MacDonald of Nova Scotia, Senator Lorne Bonnell of Prince
Edward Island and William Petten of Newfoundland will retire in early
1998.
Charles Robert
Deputy Principal Clerk
Table Research and Journals Branch The Senate
House of Commons
The First Session of the 36th Parliament
began on September 22, 1997. Pursuant to the Standing Orders, the only item of
business was the election of the Speaker. After four ballots, Gilbert Parent
was declared elected Speaker of the House of Commons for his second consecutive
term. The following day, the 301 Members went to the Senate to hear the Speech
from the Throne read by the Governor General.
On September 23, the Speaker announced the
members of the Board of Internal Economy. They are:
Don Boudria and Alfonso Gagliano, both Privy Councillors;
Bob Kilger and Marlene Catterall for the government; Chuck
Strahl and Randy White for the Reform caucus; and Stéphane Bergeron for the
Bloc Québécois caucus.
On October 29, the House passed Bill C-13,
An Act to amend the Parliament of Canada Act, at all stages. The amendments
altered the makeup of the Board of Internal Economy so that all recognized
parties would be represented on it. On November 28, or one day after the Act
received Royal Assent, the Speaker informed the House that Bill Blaikie
(NDP) and Peter MacKay (PC) had been named to the Board.
Other occupants of the Chair elected on nomination
of the Prime Minister include: Peter Milliken, Deputy Speaker and Chair
of Committees of the Whole; Ian McClelland,Deputy Chair of Committees of
the Whole; and Yolande Thibeault Assistant Deputy Chair of Committees of
the Whole. It is worth noting that Mr McClelland, who sits in the House for the
Reform Party, is the first opposition member to be chosen Deputy Chair of
Committees of the Whole under a majority government.
Procedure
Thanks to a special edition of the Order
Paper, published several days before the first day the new Parliament sat, the
House was able to begin immediately making changes to the Standing Orders with
respect to the membership and names of Commons committees; to name the members
of the Standing Committee on Procedure and House Affairs; to set at seven the
number of allotted (opposition) days during the business of supply ending
December 10; and to arrange for all motions involving opposition days to be the
subject of a vote. The last allotted day occurred on November 25. On that day,
the House passed the Main Estimates and the Supplementary Estimates (A).
Over the first few months of this session,
the House passed a number of measures designed to adapt certain practices that,
it was generally felt, no longer reflected the needs of a House where five
recognized parties were all fighting for the right to be heard. After
discussions among the recognized parties, an agreement was reached to limit the
time for questions and answers to 35 seconds per speaker. The Speaker will ensure
that this limit is respected, if necessary interrupting the Member who is
putting a question or the Minister who is responding.
On September 26, by unanimous consent, the
House passed a motion setting out the terms of speaking times on opposition
days. This order, in effect until December 10, 1997, allows "a
representative of each of the recognized parties, other than that of the Member
proposing the motion" to speak during the debate. Amendments were made to
the Standing Orders on September 23 and October 1 to enable more Members to
participate in committee work.
Private Members' Business
The report of the Standing Committee on
procedure and House Affairs was concurred in on October 22, and Private
Members' Business began on October 23. Two items that had not appeared on the
Order or Precedence were passed nonetheless thanks to the unanimous support of
the House: Tom Wappells Bill C-220, An Act to amend the Criminal Code and the
Copyright Act (profit from authorship respecting a crime) was deemed to have
passed all stages on October 1, and Keith Martin's Motion M-222, on
organ transplants, was agreed to on October 9.
Privilege
On October 7, Roger Gallaway rose on a
question of privilege regarding the provision of legislative counsel services
to all Members. The job of the legislative counsel is to draft Private Members'
bills and amendments to government bills at committee stage and report stage.
According to Mr Gallaway, however, the number of legislative counsel employed
by the House was too small to meet Members' needs. He argued that this was a
true "obstruction to the Member in performing his parliamentary
work".
The Speaker handed down his decision on
October 23. He pointed out, as Speaker Sauvé had done in 1982, that Mr
Gallaway's complaint was not a question of privilege, because under section
52.3 of the Parliament of Canada Act, the Board of Internal Economy can
consider any matter respecting House services and staff. To reassure the
Members, however, the Speaker added that he had "asked the Board to
conduct a review of these issues".
On October 21, Mr. Breitkretiz
(Yorkton--Melville) rose on another question of privilege involving the
Legislative Counsel Office. Mr Breitkreuz was objecting to a new administrative
rule allowing the House Procedural Clerks to draft amendments to Private
Members' bills. According to Mr Breitkreuz, "the changes have been made
without the full knowledge of Members of Parliament, without Members having a
full understanding of the consequences of these changes and without debate and
approval of the Members of this House as a whole."
On November 18, Mr Gallaway returned to the
charge with a second question of privilege involving the Legislative Counsel
Office. This time he informed the Speaker that the drafting of one of his bills
had been entrusted to a class of law students at the University of Ottawa.
Moreover, the professor at the University responsible for the drafting project
was also a lawyer for the Department of justice. Mr Gallaway argued that this
situation not only compromised confidentiality, it could also potentially allow
"interference by the government" in Members' work.
The Speaker handed down his decision on
November 27. While reminding the House that matters raised involve basic
administrative services and therefore "should not
be raised on the floor of the House as a
point of order or a question of privilege", he announced that both
practices (the drafting of amendments by Procedural Clerks and the drafting of
Private Members' bills at the University of Ottawa) would be put on hold until
the Board of Internal Economy could review them.
Legislation
At the time of going to press, eight bills
had completed all stages of the legislative process in the House.
C-2,
the Canada Pension Plan Investment Board Act;
C-7,
the Saguenay-St Lawrence Marine Park Act;
C-10,
the Income Tax Convention Implementation Act, 1997;
C-11,
the Customs Tariff,
C-13,
An Act to amend the Parliament of Canada Act;
C-16,
An Act to amend the Criminal Code and the Interpretation Act (powers to arrest
and enter dwellings);
C-22,
the Anti-Personnel Mines Convention Implementation Act;
C-23,
Appropriation Act No. 2, 1997~98;
C-24,
the Postal Services Continuation Act.
Miscellaneous
On October 1, the Speaker announced a vacancy
in the representation for the riding of Port Moody-Coquitlam, in British
Columbia, caused by the resignation of
Sharon Hayes and Patrice Martin
Procedural Clerk journals Branch
House of Cornmons
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