New Speakers Elected
The community of Speakers has two new
members as a result of a resignation in Quebec and an election in Prince Edward
In Quebec the new Speaker is Richard Guay,
the member for Taschereau, who was elected to the chair at the opening of the
4th session of the 32nd legislature, on March 23, 1983.
Mr. Guay holds an arts degree from
Jean-de-Brébeuf college and a law degree from the University of Montreal. He
worked as a journalist with the Canadian Broadcasting Corporation from
1965-1971 including four years as United Nations correspondent. He taught
journalism at Dakar University in Senegal from 1971-1973. He spent the next
three years in the Quebec public service where he worked for the Ministry of
Communications and later Cultural Affairs.
First elected to the Quebec National
Assembly on November 15, 1976, Mr. Guay was previously parliamentary secretary
to three different ministries, Communications, Municipal Affairs and Housing
and Consumer Protection. He was named Deputy House Leader on November 30, 1982.
In Prince Edward Island the new Speaker is
Mrs. Marion Reid, who represents the First District of Queen's in the
legislature. Mrs. Reid was educated at North Rustico, Stella Maris School and
Prince of Wales College where she graduated with her First Class Teacher's
License at age seventeen. She has taught for some twenty years on the North
Shore of Prince Edward Island. During her tenure she was awarded a sabbatical
to return to university (1972-73) where she earned her Teacher's Certificate 5.
She has been active in the Teachers
Federation, the Progressive Conservative Party and a number of community and
farm organizations. She was first nominated in First Queen's in 1978 but
defeated in the general election. In a by-election the following year she won
the seat by 250 votes and was re-elected in 1982. Mrs. Reid served as Deputy
Speaker from 1979-1982. She was elected Speaker at the opening of the
fifty-sixth legislature on March 8, 1983.
New Clerk in the NWT
David M. Hamilton was named Clerk of the
Legislative Assembly of the Northwest Territories during the Tenth Session of
the Assembly. Mr. Hamilton had been acting Clerk since the resignation of W.H.
Remnant late last year. Mr. Hamilton, 34, had served as Clerk Assistant to the
Assembly since May, 1980. Previously, he had served as Secretary-Manager of the
Village of Fort Simpson for two years and as Area Supervisor for the Department
of Local Government in the Central Arctic for three years, He was the first Secretary-Manager
of the Hamlet of Aklavik.
Several new appointments among senior
officials of the House of Commons were announced by Speaker Jeanne Sauvé on
March 4,1983. Marcel Pelletier, formerly Clerk Assistant, was named
Parliamentary Counsel and Law Clerk replacing Joe Maingot who resigned several
months ago. Two new Clerk Assistants were named: Robert Marleau, former head of
Committees and Private Legislation and Philip Laundy, former Clerk at the
Table. In other changes, two new principal Clerks were announced on April 13.
Mary Anne Griffith is now head of the Table Research Branch and Nora Lever was
named head of the Committees and Private Legislation Branch. Michael Kirby,
former head of Table Research replaces Claude DesRosiers as Principal Clerk of
Journals Branch, while Mr. DesRosiers becomes Clerk-at-the-Table.
In Saskatchewan Joseph Melia has been
appointed Director of Hansard and Gary Ward is the new Director of Television
services for the Legislative Assembly. Mr. Melia who holds a Bachelor of
Education degree, a Bachelor of Arts degree and a diploma in Educational
Administration, has many years of experience in the field of education in
Saskatchewan. Mr. Ward has wide experience in photography, film production, and
as a television director and producer. As Director of Television Services he
has responsibility for Saskatchewan's new fully automated legislative TV
Second Commonwealth Conference on
From April 11 to 14, 1983, the Second
Commonwealth Conference on Delegated Legislation was held in Ottawa under the
joint auspices of the Canadian Region of the Commonwealth Parliamentary
Association and the Standing Joint Committee on Regulations and Other Statutory
Instruments. Following the inaugural meeting held at Canberra, Australia in
1980, the Second Conference was intended to permit further discussion of topics
of common interest among parliamentarians involved in the scrutiny of delegated
legislation. Conference sessions were held in the Senate Chamber and were
attended by delegates from fourteen Commonwealth states amd dependencies
representing some twenty-six jurisdictions. A number of distinguished official
and academic observers were also in attendance.
Following the official opening by Governor
General Edward Schreyer on Monday morning, Senator Alan Missen, Chairman of the
Australian Senate Standing Committee for the Scrutiny of Bills, reported on the
first conference, after which delegates proceeded to elect Perrin Beatty,
co-chairman of the Canadian Standing Joint Committee on Regulations and Other
Statutory Instruments, as Chairman of the Conference. Delegates also heard
short reports from those jurisdictions not present at the first conference.
After a luncheon hosted by the Speaker of the House of Commons, Jeanne Sauvé,
the conference resumed to hear Professor J.R. Mallory of McGill University
present a paper entitled "Can Parliament Control the Regulatory
Process?". After noting the difficulties which stand in the way of proper
parliamentary scrutiny of delegated legislation, Professor Mallory concluded
that in the unending antagonistic relations between governments aiming to
realize their own goals and scrutiny committees seeking a more open and
responsive regulatory process, the balance will remain tilted towards
governments". The full text of this paper will be published in the autumn
issue of the Canadian Parliamentary Review. The conference adjourned in late
afternoon and that evening delegates were received at dinner by their Excellencies
the Governor General and Mrs. Schreyer.
The following day three subjects were on the
agenda: The Problems of Quasi-law: directives, guidelines and departmental
circulars; Government Responses to Committee Reports and Notice and Comment
Procedures for Proposed Delegated Legislation and the Regulatory Agenda.
In the first of the panel discussions,
Professor René Dussault of the Quebec École nationale d'administration
publique, presented a paper surveying the present Canadian judicial approach to
the recent proliferation of administrative directives and, while supportive of
this new development in public administration, he warned the conference it
should not be used to take away from Parliament by the back door what it has
recently won by the front door in the area of control over delegated
legislation." In the course of the panel discussion on notice and comment
procedures Herb Gray, President of the Treasury Board, gave delegates an
overview of the Canadian efforts in this area and made particular mention of
the Socio-Economic Impact Analysis policy with regard to regulation in the
areas of health, safety and fairness and of the recently announced decision to
request major regulatory departments and agencies to publish Regulatory Agenda
on a regular basis. Following the adjournment, delegates were received at a
dinner given by Jean Marchand, Speaker of the Senate.
On Wednesday, the morning session dealt with
the "Ponsonby rule" and the difficulties that committees encounter
when scrutinizing instruments made to implement international agreements. They
also discussed the desirability of undertaking a Commonwealth study of
prevailing practices and precedents in the drafting of enabling powers and
delegated legislation. In the afternoon, the conference discussed the extent to
which changes in the law of administrative review suggests a changed role for
parliamentary scrutiny committees as well as the problem of scrutinizing
regulations on the basis that they amount to an unusual or unexpected use of
the enabling powers. This last criterion is one that is used in many
jurisdictions and it Was of some interest to compare the extent to which
committees with different traditions of scrutiny are prepared to invoke this
criterion in their scrutiny of delegated legislation.
On the last day of the conference, delegates
heard Professor David Mullan, of the Faculty of Law at Queen's University, who
addressed the question of parliamentary scrutiny of delegated legislation on its
merits, Professor Mullan disclosed no great enthusiasm for involving
parliaments or legislatures in a discussion of the merits of regulations. He
did not discount altogether the possibility that other methods be adopted but
he make known his preference for the adoption of notice and comment procedures
as the best way of ensuring that regulations made by the government are
acceptable to citizens and government alike. After discussion of Professor
Mullan's paper, Senator Michael Tate, Deputy Chairman of the Australian Senate
Standing Committee for the Scrutiny of Bills and Professor Dennis Pearce, Dean
of the Faculty of Law at the Australian National University and Counsel to the
Senate Committee, explained the role and functions of that committee in Australia.
The last session was devoted to matters of housekeeping, such as the election
of members of the Commonwealth Delegated Legislation Committee – to which Mr.
Beatty was elected and adoption of the final conference report. On their last
night in Ottawa, delegates were invited to a dinner hosted by Mark McGuigan,
Minister of Justice and Attorney General.
For readers with a special interest in the
subject of parliamentary scrutiny of delegated legislation, a complete
transcript of the conference proceedings is expected to be published in the
near future. Further inquiries as to date of publication and price should be
sent to the Clerk of the Standing Joint Committee on Regulations and Other
Statutory Instruments, c/o the Senate, Ottawa, Ontario K1A 0A4.
Regional Conference, Winnipeg
The 23rd Canadian Regional
Conference of the Commonwealth Parliamentary Association will be held in
Winnipeg from August 7-12, 1983. A Speaker's Advisory Committee, chaired by Mr.
Speaker and consisting of representation from the government and opposition
caucuses is overseeing the development of the program. The detailed planning
and administration of the conference is under the direction of Binx Remnant,
newly-appointed Clerk of the Legislative Assembly. Mr. Remnant has the dubious
honour of being responsible for the organization of two successive regional
conferences. The conference has been timed to coincide with
"Folkorama". an annual celebration of the city's many cultures.
Delegates can expect the usual western hospitality will be augmented by
opportunities to attend this unique festival.