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Ontario
The winter recess
was interrupted when the Ontario Legislature was re-called on Sunday, January
25, 2009 to deal with a labour dispute between York University and its teaching
assistants. The Minister of Labour,
Peter Fonseca, introduced Bill
145, An Act to resolve labour disputes between York
University and Canadian Union of Public Employees, Local 3903.
The bill was debated over five days and received Third Reading and Royal Assent
on Thursday, January 29.
Something about the House sittings during this
period was different – even casual observers of the proceedings noticed that
each morning the Sergeant-at-Arms led the Speaker’s Procession carrying, and
laying on the Clerk’s Table, the first Provincial Mace that was used in 1792 in
Upper Canada’s first Parliament at Newark (now Niagara-on-the-Lake). It is made
of pine and weighs only 2.5 kilos, about a third of the weight of the ‘regular’
Mace, in use since 1867.
As Deputy Speaker
Bruce Crozier informed the
House, the current Mace had been sent for cleaning and maintenance. More
specifically, the Mace was being re-plated, all in preparation for a very
special ‘addition’.
Mine to Mace Project
DeBeers Canada, through the Min-istry of
Northern Development and Mines, approached the Legislative Assembly of Ontario
with the offer of a diamond extracted from the Victor Diamond Mine, Ontario’s
first (and currently only) diamond mine, located near Attawapiskat. The result
is that DeBeers Canada presented the Legislative Assembly of Ontario with three
diamonds, two of which were mounted on the Mace. (The third will be part of an
exhibit about the Mace.)
The diamonds were handpicked by
Ontario’s Chief Gemmologist, Ron Gashinski,
from among the first commercial production of the Victor Diamond Mine. The Mace
was sent to Corona Jewellery who created and mounted the setting. Corona also
arranged to have the Mace cleaned and re-plated so that its gilded finish
matched the lustre and sparkle of the diamonds.
The mount was crafted of platinum alloy,
generously provided by Vale Inco. The setting included one rough and one
polished stone and was designed by Reena Ahluwalia,
an Ontario jewellery designer.
As part of the project a supreme master
diamond cutter, Jack Lu,
from Crossworks Manufacturing, cut and polished the diamonds on site in the
North Heritage Room. The diamond was laser-etched with the number ONT-1-00001 –
indicating that the finished stone was the first diamond to be mined, cut and
polished in Ontario – and with the Latin motto found on the Assembly’s coat of
arms: "audi alteram partem" or "hear the other side".
On Thursday March 24, 2009, the Speaker
adjourned the House during pleasure in order to permit a ceremony on the floor
of the Chamber for the presentation of the refurbished Mace. Jacques Cartier
might have been impressed – he was disappointed when some rocks (quartz and iron
pyrite) he had collected and taken home in 1542 did not contain diamonds and was
the first to use the expression, "Fake as Canadian diamonds".
The House
The Legislative Assembly now has a second
Select Committee: the House passed a motion to strike a Select Committee on
Mental Health and Addictions with a mandate to consider and report to the House
its observations and recommendations with respect to a comprehensive Ontario
mental health and addictions strategy. The Committee is required to report back
to the Legislature by the end of the spring 2010 sitting period, or three months
later if more time is required.
The Environmental Commis- sioner of
Ontario tabled a report on March 2, 2009, entitled, "The Last Line of Defense, A
Review of Ontario’s New Protections for Species at Risk". The
Endangered Species Act came
into effect in June 30, 2008 and this was the Environmental Commissioner’s first
report on the Act. One of the recommendations in the report was that the
Government develop regulations requiring the Ministry of Natural Resources to
publicize proposals for developments that could harm the 183 at-risk species.
Dwight Duncan,
Minister of Finance, presented the Government’s budget for 2009-2010 on March
26. Highlights of the budget include the harmonization of the PST and GST,
creating a single 13% sales tax, starting July 1, 2010; the freezing of MPP
salaries at their current level through 2009-2010; and $32.5 billion for
infrastructure projects over the next two years. Bill 162,
An Act respecting the budget measures and other matters
was referred to the Standing Committee on Finance and Economic Affairs for one
day of public hearings and one day of clause-by-clause (as per a time allocation
motion that passed on April 21).
Education Minister
Kathleen Wynne introduced Bill
157, Education Amendment Act (Keeping Our Kids Safe
At School), to require school staff to report
serious student incidents, such as bullying, to the principal. After Second
Reading, the bill was referred to the Standing Committee on Social Policy for
public hearings.
John Gerretsen,
Minister of the Environment, introduced Bill 167, An
Act to promote reductions in the use and creation of toxic substances and to
amend other Acts. The legislation would require
companies to track and report on the use of toxic chemicals, but the government
would not impose mandatory targets.
Under the new Standing Orders (which came
fully into effect January 2009), MPPs may co-sponsor a private members’ public
bill. Up to one member from each party and any independent member may co-sponsor
a bill. At the time of writing, three bills had been co-sponsored:
- Bill 111,
An Act to proclaim Emancipation Day
(Ted Arnott, PC;
Maria Van Bommel,
LIB);
-
Bill 124,
An Act to amend the Smoke-Free Ontario Act with respect
to cigarillos (France
Gélinas, NDP; Dave
Levac, LIB);
-
Bill 147,
An Act to proclaim Holodomor Memorial Day
(Dave Levac, LIB;
Frank Klees, PC; and
Cheri DiNovo, NDP);
Bills 111 and 124
received Royal Assent on December 24, 2008; Bill 147 was referred to the
Standing Committee on Justice Policy on March 5, 2009 and was ordered discharged
from that Committee on April 9. The bill was ordered for Third Reading without
debate or amendment on April 9 and received Royal Assent on April 23.
In response to many MPP comments about
the amount of paper Members received in the House (as many as eight fully-packed
four-inch binders at each desk), the Speaker launched a project to save paper in
the Legislative Chamber. All binders were removed and Members wanting a copy of
Hansard or of a bill may
obtain a copy each day at the Table. Members who wish to keep their binders and
have the daily updates continue may do so upon request. While ensuring that all
Members have full access to the information they ask for, the Speaker has
succeeded in significantly reducing the amount of paper used in the Chamber.
Committees
The Standing Committee on Finance and
Economic Affairs met for the purpose of Pre-budget Consultation Report Writing
on Thursday, February 19, 2009. The Committee made eight recommendations and the
final report included a dissenting opinion from each of the Opposition parties.
The Pre-budget Consultation 2009 Report
was tabled in the House on Monday, March 9.
The Standing Committee on Justice Policy
considered two Government bills. The first was Bill 108,
An Act respecting apologies.
The bill provides that an apology does not constitute an admission of fault or
liability except for the purposes of a proceeding under the
Provincial Offences Act. The
Committee received written submissions from the public and after
clause-by-clause consideration, reported the bill back to the House with certain
amendments. The bill received Royal Assent on April 23.
The Committee’s second bill was Bill
115, An Act to amend the Coroners Act.
The Committee held public hearings and after clause-by-clause review, reported
the bill back to the House with certain amendments.
The Standing Committee on the
Legislative Assembly had a busy winter sitting. The Committee conducted
clause-by-clause consideration of three Private Member’s Public Bills. On
December 3, 2008, the orders for referral for Bill 37,
An Act to amend the Child and Family Services Act to
protect Ontario’s children, Bill 98,
An Act to promote the sale of Ontario grown agricultural
food products by amending the Municipal Act, 2001 and the Public Transportation
and Highway Improvement Act, and Bill 124,
An Act to amend the Smoke-Free Ontario Act with respect to
cigarillos to the Standing Committees on Social
Policy, Justice Policy and General Government, respectively, were discharged and
the bills were referred to the Standing Committee on the Legislative Assembly.
The very next day, on December 4, 2008, the Committee dealt with the three bills
(which had been time-allocated) concurrently and completed clause-by-clause
consideration in just under 20 minutes.
The Committee continues to be very busy
during the spring sitting of the Legislature dealing with two labour-related
Government bills, Bill 139, An Act to amend the
Employment Standards Act, 2000 in relation to temporary help agencies and
certain other matters and Bill 154,
An Act to amend the Employment Standards Act, 2000 in
respect of organ donor leave. Bill 139 generated a
great deal of interest and the Committee heard from 52 witnesses in 11 hours
over two sitting days. Bill 154 would permit organ donors to take up to 26 weeks
unpaid/job-protected leave to recover from surgery.
The Standing Committee on Social Policy
held public hearings on Bill 141, An Act to amend
the Regulated Health Professions Act, 1991 and
reported the bill back to the House with certain amendments on March 11, 2009.
The bill received Royal Assent on April 23. The Committee also considered Bill
133, An Act to amend various Acts in relation to
certain family law matters and to repeal the Domestic Violence Protection Act,
2000 with public hearings on March 23, 24 and 30 in
Toronto, followed by clause-by-clause on April 6 before reporting the bill back
to the House with certain amendments. Following constituency week, the Committee
conducted public consultations on Bill 152, An Act
respecting a long-term strategy to reduce poverty in Ontario.
The Standing Committee on General
Government held public hearings on Bill 118,
Countering Distracted Driving and Promoting Green Transportation Act, 2009
and Bill 126, Road
Safety Act, 2009 concurrently over three days during
the month of March. The bills amend the Highway
Traffic Act to prohibit driving with display screens
and other devices in motor vehicles, and impose a zero blood alcohol
concentration on young and novice drivers when driving. Both bills were reported
as amended on April 2 and received Royal Assent on April 23.
On February 24, the Minister of Energy
and Infrastructure, George Smitherman,
introduced Bill 150, Green Energy and Green Economy
Act, 2009 (also known as the
Green Energy Act). The legislation would remove
regulatory roadblocks for wind turbines, solar farms and other ‘green’ energy
sources and promote conservation through an upgraded building code, higher
standards for appliances and mandatory energy audits of homes for sale. The
legislation also includes a "Buy Canadian" clause requiring domestic content in
green energy projects.
The legislation received Second Reading on
March 11 and was referred to the Standing Committee on General Government. The
Committee met in Toronto on April 6, 8, 20, and 22, and travelled to Sault Ste.
Marie, London, and Ottawa on April 14, 15, and 16. Response to the Committee’s
request for witnesses was so great that the House authorized the Committee to
sit beyond its normal hour of adjournment on two of its meeting days.
The Standing Committee on Government Agencies
continued to undertake the review of intended appointments to Ontario Government
agencies, boards and commissions, pursuant to its permanent mandate. During the
winter recess and the spring sittings of the House, the Committee reviewed the
operations of the following agencies: Ontario Securities Commission; Human
Rights Tribunal of Ontario; and Ontario Racing Commission. In each case, the
Committee met with the agency itself and heard presentations by selected
stakeholders.
Other matters
On January 12, 2009,
Laurie Scott resigned her seat
as member for the electoral district of Haliburton-Kawartha Lakes-Brock. The
by-election gave the leader of the Progressive Conservative Party of Ontario,
John Tory, an
opportunity to campaign for a seat in the Legislature. The by-election was held
on March 5 and Rick Johnson,
Liberal, won the seat by about 900 votes (a 2.5% margin). Mr. Tory had been
without a seat since the general election of October 2007 when he ran and lost
in the electoral district of Don Valley West, against
Kathleen Wynne, Minister of
Education. The day after the by-election, Mr. Tory announced his resignation as
leader. Bob Runciman,
MPP (Leeds-Grenville), will serve as interim leader until the PCs hold a
leadership convention at the end of June. (Mr. Runciman has been serving as the
Leader of the Official Opposition in the Legislature since the October 2007
election.)
Mr. Johnson was sworn in on March 23 as the
member for the electoral district of Haliburton-Kawartha Lakes-Brock.
Four candidates have declared their
intention to run for the leadership of the Progressive Conservative Party of
Ontario: Christine Elliott,
MPP (Whitby-Oshawa), Randy Hillier,
MPP (Lanark-Frontenac-Lennox and Addington), Tim
Hudak, MPP (Niagara West-Glanbrook), and
Frank Klees, MPP
(Newmarket-Aurora).
On June 14, 2008,
Howard Hampton, MPP
(Kenora-Rainy River), announced that he would be stepping down as leader of the
New Democratic Party of Ontario. Andrea Horwath,
MPP (Hamilton Centre), was elected as the new leader at the NDP convention held
in Hamilton on March 7 and 8, 2009. Ms. Horwath won on the third ballot,
defeating other contenders Gilles Bisson,
MPP (Timmins-James Bay), Michael Prue,
MPP (Beaches-East York), and Peter Tabuns,
MPP (Toronto-Danforth).
Ms. Horwath was Third Deputy Chair of
the Committee of the Whole House. Cheri DiNovo
assumed the role of Third Deputy Chair of the Committee of the Whole House in
April. Ms. DiNovo is the NDP member for the electoral district of Parkdale-High
Park.
Susan Sourial
Committee Clerk
Québec
The parliamentary proceedings of the
first session of the 39th legislature, which were adjourned on January 15, 2009
after three days of extraordinary sittings, resumed for the spring sessional
period on March 10, 2009, with the Opening Speech of the Session delivered by
Premier Jean Charest.
Spring marks the beginning of the
budgetary process at the National Assembly and, last 19 March, the Minister of
Finance launched this process with the Budget Speech. The debate on the Budget
Speech ensued, to be suspended in the Assembly and continued in the Committee on
Public Finance. On Tuesday, March 24, 2009, the Assembly carried a motion by the
Government House Leader for the Assembly to give consideration to Interim Supply
for the fiscal year ending March 31, 2010. This budgetary stage concluded with
the passage of Appropriation Act No. 1, 2009-2010,
and the referral to the standing committees of the estimates of expenditure for
the 2009-2010 fiscal year. On April 7, 2009, the Assembly resumed the debate on
the Budget Speech and, at the conclusion of this debate, carried the motion by
the Minister of Finance proposing that the Assembly approves in general the
budgetary policy of the Government.
Parliamentary simulations
From February 11-13, 2009, the Québec National
Assembly welcomed more than 100 students from Secondary 3 and 4 to the 7th Young
People’s Parliament. This parliamentary simulation provided an opportunity to
participants from 29 public and private schools from 11 regions throughout
Québec to get together to examine three bills that they had drafted during this
7th legislature and which concerned the following issues: the accountability of
young people as regards cybersecurity in Québec schools; the obligation for
Québec high schools to implement a first-aid training programme for students and
staff members; and the implementation of methods to foster student exchanges
among Francophone pupils of Québec and Anglophone pupils from other Canadian
provinces.
Other Matters
On March 6, 2009,
Mario Dumont announced his
resignation as Member for the electoral division of Rivière-du-Loup and as
Leader of the Action démocratique du Québec. A Member from 1994 to 2009, Mr.
Dumont held the office of Leader of the Official Opposition from April 2007 to
November 2008.
On April 8, 2009
Monique Jérôme-Forget resigned
as Member for the electoral division of Marguerite-Bourgeoys. She represented
this riding at the National Assembly from 1998 to 2009, a period during which
she was the Official Opposition critic for finance from 1999 to 2003, then Chair
of the Conseil du trésor and responsible from the Government Administration from
2003 to 2008, and Minister of Finance from 2007 to 2009. She was the first woman
to hold the offices of Chair of the Conseil du trésor and Minister of Finance
simultaneously. Raymond Bachand,
Minister of Economic Development, Innovation and Export Trade, succeeds Mrs.
Jérôme-Forget.
Within the framework of discussions on
parliamentary reform, the political parties present in the Assembly agreed to
grant the status of parliamentary group to the Members of the Action
démocratique du Québec for the duration of the 39th Legislature.
Sylvie Roy, Member for the
riding of Lotbinière, and Marc Picard,
Member for the riding of Chutes-de-la-Chaudière, now respectively have the
status of Leader and of Second Opposition Group House Leader since April 21,
2009.
The composition of the Assembly stands as
follows: Québec Liberal Party, 65 Members; Parti Québécois, 51 Members; Action
démocratique du Québec, 6; Québec solidaire, 1. There are 2 vacant seats.
The Liberal Member for L’Acadie from
1976 to 1989, and Minister of Health and Social Services from 1985 to 1989,
Thérèse Lavoie-Roux
passed away in Montréal on January 31, 2009.
The President of the National Assembly
of Québec, Yvon Vallières,
unveiled on March 31, the portrait of his predecessor,
Michel Bissonnet, who was
President from June 2003 to July 2008. The portrait of Mr. Bissonnet hangs in
the Presidents’ Gallery, situated near the Hall of Honour in the Parliament
Building. The paintings or photographs of the speakers and presidents of the
National Assembly that have held this office since 1867 are on display there.
Sylvia Ford
Secretariat of the National Assembly
Standing committees
After having elected their chairmen and
vice-chairmen on January 15, the standing committees resumed their activities in
mid-March after a few months off owing to general elections being called.
Several committees took the opportunity when the Assembly proceedings resumed to
hold their first deliberative meeting to provide information to the new Members.
On March 13, the Committee on Public
Finance heard the Minister of Finance in relation to the results of the Caisse
de dépôt et placement du Québec for the year 2008. This two-hour public hearing
was the first component of the order given to the Committee via a motion of the
Assembly carried on March 12, 2009. The Committee will continue its hearings on
this subject upon reception of certain documents, among which is the annual
report 2008 of the Caisse de dépôt et placement du Québec. Eleven other
individuals will be heard on this occasion, including
Henri-Paul Rousseau, former
chairman and chief executive officer of the Caisse de dépôt, and
Pierre Brunet, former chairman
of the board of directors of this same organization. Lastly, in pursuance of the
aforementioned motion, the Minister of Finance was scheduled to be heard again
for a period of four hours at the conclusion of these hearings. However, the
latter resigned from office on April 8, 2009.
Furthermore, pursuant to the National
Assembly’s Standing Orders 272, 275 and 276, the debate on the budget speech,
which commenced in the Assembly, continued in the Committee on Public Finance
for a period of 10 hours, on April 1-2. The Minister of Finance was a member of
the Committee during its proceedings with respect to the mandate, as provided
for in the Standing Orders.
On March 18, the members of the Committee on
Social Affairs unanimously decided to resume the order of initiative on the
phenomenon of homelessness in Québec. It should be noted that, within the
framework of the order adopted during the 38th Legislature, the Committee held
public hearings in the autumn of 2008 in the cities of Montréal, Trois-Rivières,
Gatineau and Québec during which 101 organizations were heard, particularly 6
ministries and a dozen homeless or formerly homeless persons. It should also be
mentioned that 144 briefs have been received to date within the framework of
this mandate. In accordance with this decision, the Committee will hear in the
coming weeks five organizations that had not been heard in the fall, after which
it will be able to draft its final report.
At the end of March and the beginning of
last April, the Committee on Social Affairs held special consultations on Bill
6, An Act to establish a seniors caregiver support
fund and on Bill 7, An
Act to establish an early childhood development fund.
Some thirty individuals and organizations were heard during these consultations.
The purpose of Bill 6 is to give support to caregivers who provide unpaid
in-home care and regular assistance to seniors with a significant or persistent
disability that may compromise their ability to continue living at home. The
purpose of Bill 7 is to support the overall development of children five years
of age and under living in poverty.
At the end of last March, the Committee
on Labour and the Economy heard close to a dozen organizations during public
hearings held on Bill 25, An Act to amend the Pay
Equity Act. The purpose of this Act, which was
adopted in 1996, is to adjust wage differentials owing to systemic gender-based
discrimination.
Three interpellations
The resumption of Assembly proceedings also
marks the return of interpellations which are held on Friday mornings, from
10.00 o’clock a.m. to 12.00 o’clock p.m., during ordinary hours of meeting.
According to Standing Order 295, every Member sitting in opposition may
interpellate a minister on a matter of general interest for which he is
officially responsible. Three interpellations were held on March 20 and 27 and
on April 6 (by leave of the Assembly to set aside the provisions of the Standing
Orders concerning the schedule) on the following subjects:
The Federal
Government’s decisions and their effects on the financial situation of
Québec;
The funding of public-private partnerships
in the context of the global financial crisis;
Dropping out of school in Québec.
For further information on the standing
committee proceedings, please visit the Internet site of the National Assembly
of Québec at the following address: www.assnat.qc.ca.
Christina Turcot
Secretariat of committees
Prince Edward Island
The Second Session
of the Sixty-third General Assembly resumed on April 2, 2009.
Wes Sheridan,
Provincial Treasurer, introduced his budget on April 16, 2009, which contained
expenditures of just under $1.48 billion. Health continued to account for the
largest share of provincial expenditure at just over $444 million, followed by
Education and Early Childhood Development at $207 million, and Social Services
and Seniors at $124 million. A deficit of $85.3 million is projected; of this
amount, $39.4 million is a pension adjustment, reflecting the downturn in the
international financial markets. There was only one tax measure announced in the
budget speech which was to raise the tax on tobacco by five dollars per carton.
Significant Legislation
Several pieces of significant legislation were
considered during the spring sitting of the Second Session of the Sixty-third
General Assembly. Among them:
Payday Loans Act (Bill No. 69) is
designed to protect borrowers who take out small, short-term loans,
sometimes called payday loans, intended to cover a borrower’s expenses until
his or her next payday. The act will require lenders and brokers to be
licensed by the province, and to provide full disclosure of all fees before
a loan is granted. Other provisions include a two-day cooling off period for
the borrower and a prohibition on rolling over loans into a new pay period.
The Medical Act (Bill No. 73) will make it easier
for new doctors to set up practice in the province and will expedite the
procedure for launching a complaint against a physician. The majority of the
changes from the existing act centre on registration of new doctors and the
disciplinary process. During debate in Committee of the Whole, the act was
amended to ensure that the power of the Council of the College of Physicians
and Surgeons to make regulations is subject to the approval of the Minister
of Health and Social Services.
New Rule Book
The Standing Committee on Privileges, Rules
and Private Bills completed its study of the rules of the Legislative Assembly
and recommended the adoption of a new rule book in its report of April 7, 2009.
The committee had reviewed a number of proposed modifications to the current
rules, including incorporation of committee guidelines into the main body of the
rules; a simplification of capitalization, grammar, punctuation and language; a
re-drafting of certain rules to conform with the practices of the House; the
addition of a comprehensive table of contents; and an expansion of the forms of
proceeding.
Beyond changes to the text, a number of
features have been incorporated into the book itself in order to make it a more
user-friendly publication. The staggered sections and various colours of the
former rule book were eliminated in favour of descriptive headings for each rule
which correspond to the table of contents. The rules were grouped according to
subject matter and organized into chapters. As compared with the former rule
book of the Legislative Assembly, the new rule book is larger at 6-1/2" x
9-1/2", and is printed on a heavier paper stock for ease of handling. The
Calibri typeface was selected to improve readability; and the point size of the
text has been increased for the same reason.
The new rule book was adopted by the Assembly
on an interim basis for effect beginning April 7, 2009, to continue until
permanently adopted.
Photo Exhibit
The Legislative Assembly of
Charlottetown is hosting an exhibition of photographs taken during the Cape
Farewell Youth Expedition 2008 organized by the British Council. Last fall,
Prince Edward Island high school student Sean White
joined an international group of students who journeyed to the Arctic on a youth
expedition that raised awareness of climate change in Canada and abroad.
The Cape Farewell Youth Expedition was an
inspirational international project that brought together top scientists,
artists, educators and high school students from around the world and from each
Canadian province and territory on an Arctic voyage of discovery.
The voyagers sailed from Reykjavik,
Iceland, skirted the southern tip of Greenland and ended in Iqaluit on Baffin
Island. Students studied climatology, oceanography, geomorphology and
biogeography. Their art projects included film, photography, fine arts,
performing arts and writing. Throughout the voyage, P.E.I. photographer
Robert van Waarden documented
the voyage and produced a collection of breathtaking images. The exhibition was
officially launched on Earth Day, April 22, and will continue until May 15,
2009.
Marian Johnston
Clerk Assistant and
Clerk of Committees
Senate
Early in this new session of Parliament,
much effort was focussed on the state of the Canadian economy. The federal
budget was announced the day after the opening, and Bill C-10, the budget
implementation bill, which included the government’s economic stimulus package,
was introduced in the House of Commons on February 6, 2009. Once it arrived in
the Senate, the bill was considered over the course of five sitting days and
passed on March 12. At the same time, the Senate agreed to a motion to authorize
four Senate committees to examine and report on specific parts of the bill,
notably those that affected the Navigable Waters
Protection Act, the
Competition Act, equitable compensation and
employment insurance.
On March 3, Mac Harb introduced Bill S-229 to ban Canada’s
commercial seal hunt. The routine motion to place the bill on the Order Paper
for a second reading failed when no seconder was identified. As a result, the
bill cannot be debated. Not deterred, Senator Harb subsequently introduced
motions and inquiries in order to open the debate on this issue. He has also
presented petitions from over 12,000 residents across Canada supporting his
initiative to ban the hunt.
Speaker’s rulings on the need for a Royal
Recommendation
A number of points of order were raised
regarding certain Senate public bills. It was argued that four bills each needed
a Royal Recommendation, which is required for any bill that proposes to
appropriate public funds. This can only be obtained by a Minister of the Crown
and signified in the House of Commons. Senators are aware of these limitations
and make efforts to ensure that their bills do not appropriate any public funds.
However, even if an expense is not evident in the wording of a bill, the
ramifications of the proposals in a bill can sometimes lead to unforeseen
expenses that would require a Royal Recommendation.
The Speaker made four consecutive rulings on
February 24, 2009 addressing each of these bills. In the first, he outlined
various criteria that must be considered to determine if a bill needs a Royal
Recommendation or not: "First, a basic question is whether the bill contains a
clause that directly appropriates money. Second, a provision allowing a novel
expenditure not already authorized in law would typically require a Royal
Recommendation. A third and similar criteria is that a bill to broaden the
purpose of an expenditure already authorized will in most cases need a Royal
Recommendation. Finally, a measure extending benefits or relaxing qualifying
conditions to receive a benefit would usually bring the Royal Recommendation
into play."
Mira Spivak wished to legally establish
and protect the boundaries of Gatineau Park. Her Bill S-204 was questioned on
the grounds that it would allow the National Capital Commission (NCC), which
owns most of the land within the park, the right of first refusal on any private
land sold within the park. The Speaker’s ruling pointed out that the NCC already
has considerable discretion in the purchase and sale of lands within the park,
and the bill would not oblige it to purchase any land. The bill would therefore
not require the NCC to do anything it did not already have the power to do, and
would not require a Royal Recommendation.
Jerry Grafstein’s
Bill S-201, to establish a National Portrait Gallery, was questioned on the
grounds that it would add a new purpose to the
Library and Archives Canada Act. The Speaker’s
ruling stated that since it was not clear whether the bill would incur novel
expenditures, as opposed to reallocating existing funds, the bill was found to
be in order.
Another bill introduced by Senator Grafstein,
Bill S-203, would allow the use of municipal tax-exempt bonds to fund urban
projects such as mass transit, subways, waste management and drinking water
systems. This bill was questioned because the tax exemption was claimed to
constitute an appropriation of public funds. However, as a Royal Recommendation
is not required for any measure reducing taxes, the bill was ruled in order.
Finally, Sharon Carstairs’ Bill S-207 proposed to extend the
Employment Insurance (EI) benefit’s qualifying period for spouses or common-law
partners of persons sent on foreign postings from the present 2 years to up to 5
years. This would allow them to use hours of employment accumulated before the
posting to qualify for EI when they return to Canada. As this extension would
have relaxed the conditions to be met in order to receive EI benefits, and would
have led to increased government payments, the Speaker ruled the bill out of
order.
Questions of privilege
The Speaker also ruled on a number of
questions of privilege, one of which was raised by
James Cowan, Leader of the Opposition in the Senate.
He protested that two weeks after the Senate had passed the budget
implementation bill, a government website still suggested that the Senate had
not approved it. Senator Cowan claimed that this matter impaired all Senators’
ability to perform their duties, as the public would not know if they should
believe Senators or the statement on this government website. The Speaker’s
ruling, delivered on March 31, found that it did not appear that a contempt had
been intended towards the Senate nor that its privileges had been violated, but
rather that it was "probably due to a lack of diligence in updating
information". The ruling found that a prima facie
case of privilege had not been established.
As part of his ruling, the Speaker reflected
on the use of rule 59(10) to raise this question. Rule 59(10) states that no
notice is required for raising a question of privilege. However, normal
procedure requires that a Senator give a letter to the Clerk of the Senate at
least 3 hours before a sitting of the Senate, indicating an intent to raise a
question of privilege.
The Speaker explained that rule 59(10)
was formerly used in conjunction with another rule that had been deleted from
the Rules of the Senate,
and that "it is no longer evident how a matter raised under rule 59(10) should
be pursued." The Speaker then suggested that the Standing Committee on Rules,
Procedures and the Rights of Parliament review the matter and suggest how it
could be reconciled with the other rules pertaining to questions of privilege.
The Speaker’s ruling was immediately appealed.
Consequently, a motion was moved for the Standing Committee on Rules, Procedures
and the Rights of Parliament to study the matter raised in the question of
privilege. The appeal also left the secondary matter of the use of rule 59(10)
open to debate and use.
Rule 59(10) has since been used two more
times. Pamela Wallin
raised a question of privilege to object that the Standing Senate Committee on
National Security and Defence had been unable to establish a subcommittee on
veterans’ affairs. In his ruling on April 21, the Speaker noted that a
disagreement on how to deal with the issue in committee did not violate
privilege.
Senator Harb also raised a question of
privilege about remarks made while he spoke on the seal hunt. He felt these
remarks amounted to an inappropriate attempt to silence him. In finding no
prima facie question of
privilege in his ruling, also given on April 21, the Speaker stated that nothing
had actually prevented the Senator from continuing to speak, and that the issue
may have been one of order, not privilege.
Committees and reports
Committees were all constituted shortly
after the opening of Parliament and have received orders of reference and
budgets and begun their work. Three new Senators were elected as Chair and
Deputy Chairs of certain committees. Percy Mockler
was elected Chair of the Committee on Agriculture and Forestry, while
Irving Gerstein was elected the
Deputy Chair of the Committee on National Finance and Senator Wallin the Deputy
Chair of the Committee on National Security and Defence.
The Senate reconstituted the Special
Committee on Aging, which has now completed its study on the implications of an
aging society in Canada and tabled its report entitled
Canada’s Aging Population: Seizing the Opportunity
on April 21. Its many recommendations included the need for
the federal government to promote active and healthy aging, to provide adequate
services in order to allow senior citizens to live in the place of their own
choosing, to provide leadership on proposed initiatives regarding integrated
care, caregivers and pharmacare, as well as a need for a federal transfer of
funds to the provinces with the highest proportion of the aging population.
The Standing Committee on Social
Affairs, Science and Technology also released a report entitled
Early Childhood Education and Care: Next Steps
on April 28. The report recommended that the Prime Minister appoint a Minister
of State for Children and Youth to advance quality early learning, parenting
programs and child care, with the advice of a National Advisory Council on
Children, and that a pan-Canadian framework be established to support children
and their families, as well as a federal/provincial/territorial Council of
Ministers responsible for early learning, child care and parental supports.
The Senate adopted a motion proposed by
Serge Joyal to hear from
Aboriginal leaders on "progress made on commitments endorsed by parliamentarians
of both Chambers during the year following the Government’s apology to former
students of Indian Residential Schools" on June 11, 2009 in a Committee of the
Whole.
Milestones
The year 2009 brings with it many
retirements from the Senate. Starting this year’s retirements is
Michel Biron, who represented
Mille Isles in Quebec. Senator Biron retired on March 16. He was an important
promoter of economic development in the regions, especially in Quebec. His
experience as a long-time businessman and entrepreneur contributed to the work
of the Senate Committee on Banking, Trade and Commerce and that of the Senate
Committee on National Finance. Gerard Phalen
from Glace Bay in Cape Breton, Nova Scotia, retired on
March 28. Senator Phalen was an industrial mechanical instructor for almost 25
years in Nova Scotia before being appointed to the Senate. He was also a
distinguished union leader for many years. Both Senators were appointed to the
Senate in 2001.
The Senate also paid tribute to former
Senators Gérald A. Beaudoin
and Raymond Joseph Perrault,
who both passed away in 2008.
It was announced that the Usher of the
Black Rod, Kevin MacLeod,
had been appointed as the new Canadian Secretary to the Queen. In addition to
his present duties, Mr. MacLeod will be responsible for coordinating Her
Majesty’s visits to Canada later this year or next, as well as those of other
members of the Royal Family.
Katie Castleton
Procedural Clerk
Alberta
The Spring sitting of the
2nd Session of the 27th Legislature commenced on February 10, 2009, with the
Speech from the Throne delivered by Lieutenant Governor
Norman L. Kwong. The Speech,
entitled "Facing the Future with Confidence," outlined the Government’s plans to
meet current challenges and to create opportunities for the future. Other
highlights included:
the release and implementation of a
comprehensive plan to manage the economic, environmental, social, and
infrastructure impacts and opportunities of oil sands development;
the introduction of the
Carbon Capture and Storage Implementation Act
to a establish a $2 billion investment in carbon capture and storage;
the implementation of a land-use framework
through legislation to balance competing uses of land;
the development of a longterm vision for
Kindergarten to Grade 12 education through consultation with Albertans;
the integration of ambulance and emergency
medical services with other parts of the provincial health system; and
the introduction of legislation to combat
organized criminal activity.
On opening day
Premier Ed Stelmach
introduced Bill 1, Employment Standards (Reservist
Leave) Amendment Act, 2009. The Bill provides
Canadian Forces reservists in Alberta with unpaid, job-protected leave when away
from their civilian jobs while serving the country. The Bill, which received
Royal Assent on April 20, 2009, also entitles reservists to 20 days each
calendar year for training.
Government Bills
Some Bills before the Assembly include:
Bill 18, Trade, Investment and Labour Mobility
Agreement Implementation Statutes Amendment Act, 2009,
is an omnibus Bill that amends 11 Acts to ensure that all affected Alberta
statutes are consistent with the terms of the TILMA, a bilateral interprovincial
trade, investment, and labour mobility agreement between Alberta and British
Columbia, which took effect April 1, 2009.
During Committee of the Whole consideration
the Government moved a package of four additional administrative amendments
which were agreed to and the opposition moved two amendments which were
defeated. The opposition criticized the TILMA stating there was not adequate
debate during development of the agreement and citing constitutional issues with
an amendment to the Government Organization Act that would allow legislative
authority to be delegated from the Assembly to Cabinet.
Bill 19,
Land Assembly Project Area Act, outlines the process
by which the Government will designate and assemble large tracts of land for
major infrastructure projects such as transportation utility corridors. The
legislative framework attempts to make the process more transparent and
accountable when dealing with numerous landowners for largescale land
acquisitions over a long term. The opposition questioned the need for this
legislation because of existing land expropriation legislation and urged the
Assembly, unsuccessfully during Second Reading, to refer the Bill to a Standing
Committee in order to further research and gather public input on the Bill. The
Government introduced amendments during Committee of the Whole consideration to
further clarify certain aspects of the legislation in response to concerns
raised by the public regarding the Bill. The opposition introduced a
subamendment to the Government amendments and five additional amendments, all of
which were defeated. The Leader of the Official Opposition moved a hoist
amendment to the motion for Third reading which was defeated on division. The
Bill was passed on April 29, 2009.
Bill 34,
Drug Program Act, provides the legislative framework
to guide future government pharmaceutical policies. It establishes a drug
program under the administration of the Minister for the purpose of providing
funding for, or providing drugs, services, and approved drugs. The Bill received
First Reading April 29, 2009.
Bill 36,
Alberta Land Stewardship Act, would implement a
landuse framework developed by Government with input from Albertans,
municipalities, and both the business and environmental communities. The
framework introduces a new approach to landuse planning, one that will attempt
to meet the environmental, as well as the economic and social objectives of
Alberta. The Act implements the framework by creating seven planning regions in
Alberta. It authorizes the creation of regional plans and requires compliance
with those plans. It creates new conservation and stewardship tools aimed at
protecting Alberta’s natural heritage on public and private lands. The Bill is
currently in Second Reading.
Bill 44,
Human Rights, Citizenship and Multi culturalism Amendment Act, 2009,
amends the Act by updating several administrative aspects of the legislation
which had not been updated in 13 years. The amendments clarify the role of the
Human Rights Commission in order to reduce the amount of time spent reviewing
and processing complaints and to better align it with current and future
realities. The amendments also codify "sexual orientation" as a protected ground
of discrimination. One section of the Bill confirms parents’ rights to remove
their children from subjects being taught in schools related to religion and
human sexuality. This section of the amendments is expected to be controversial
and will likely garner heated debate in the Assembly. The Bill is currently in
Second Reading.
On March 17, 2009, Bill 52,
Health Information Amendment Act, 2008,
was reinstated and referred to the Assembly’s Standing Committee on Health. This
is the first time the Assembly has reinstated a Bill from a previous session
since a provision to allow this procedure was added to the Standing Orders in
2001.
Private Members’ Public Bills
Bill 201,
Traffic Safety (Vehicles with Unlawfully Possessed Firearms) Amendment Act, 2009,
introduced by Kent Hehr
(Lib, Calgary-Buffalo), proposed amendments to the
Traffic Safety Act by making it an offence to drive
a motor vehicle on a highway in which there is an unlawfully possessed firearm.
Where an offence was deemed to have been committed, police officers would have
been able to request the surrender of the driver’s licence and detain the
vehicle. The individual’s driver’s license would then be suspended for a 24-hour
period and the vehicle impounded for the same length of time. The Bill was
defeated at Second Reading.
Bill 203,
Local Authorities Election (Finance and Contribution Disclosure) Amendment Act,
2009, sponsored by Jeff
Johnson (PC, Athabasca-Redwater), would amend the
Act by setting and defining provincewide standards for financial contributions
to candidates in municipal elections and disclosure requirements of campaign
financial records. The amendments to the Local
Authorities Election Act would set guidelines at the
municipal level to mirror legislation that guides provincial and federal
election campaign finances. At the time of writing the Bill was being considered
by Committee of the Whole.
Budget 2009
On April 7,
Iris Evans, Minister of Finance and Enterprise,
presented Budget 2009 and the estimates for the 2009-10 fiscal year. Revenue for
the 2009-10 fiscal year is estimated to decline to $31.7 billion, a decrease of
$4 billion or 11 per cent from 2008-09. The Minister projected total
expenditures of $36.4 billion in 2009-10. The Government announced that, if
required, it would take $2 billion in fiscal corrective actions by 2010 to meet
targets for 2010-11 and 2011-12. A new fiscal framework will allow for transfers
from the Sustainability Fund over those three years to offset the deficits.
Operating expenses will be increased by 3.7
per cent or $1.1 billion. Of this increase 75 per cent will be allocated to
health, education, advanced education and to programs for children, seniors, and
the disabled. The Budget increases the base budget for the Department of Health
and Wellness by 4.6 per cent or $558 million. Funding for Advanced Education and
Technology, which oversees postsecondary education programs, will receive an
increase of 3.4 per cent while program support for Education will increase by
3.2 per cent or $165 million. Seniors and Community Supports funding is
increasing by 8.7 per cent to provide support for the Persons with Developmental
Disabilities program and an increase in benefits for AISH (Assured Income for
the Severely Handicapped) and Alberta Seniors Benefit recipients. Other elements
of Budget 2009 include an increase in tobacco taxes and a liquor markup.
During the Fall sitting of the 1st Session of
the 27th Legislature, the Assembly approved significant amendments to its
Standing Orders which took effect December 4, 2008. The amendments included a
modification to the supply process whereby the main estimates would be referred
to the Assembly’s Policy Field Committees according to their respective
mandates. The Assembly has five Policy Field Committees (Standing Committees) in
the subject areas of Community Services, the Economy, Health, Public Safety and
Services, and Resources and Environment. The time for consideration of the main
estimates also increased from 60 to 72 hours. The Policy Field Committees met in
the evenings for consideration of the main estimates during the 2009 Spring
sitting from 6:30 p.m. to 9:30 p.m.
The vote on the main estimates and amendments
tabled during Policy Field Committee consideration is scheduled to take place on
May 7, 2009, during Committee of Supply. On that date, the Chairs of the five
Policy Field Committees will present reports to the Committee of Supply
indicating the department’s estimates and amendments that their respective
committees considered. The vote on amendments, Legislative Assembly Office
estimates, and the main estimates will then take place.
The change to the supply process marked the
first time that Standing Committees considered estimates with the exception of
the estimates for Executive Council which were considered by Committee of
Supply.
Privilege
At the time of writing, two questions of
privilege have been raised in the Assembly.
On March 19,
Rachel Notley (ND,
Edmonton-Strathcona) raised a purported question of privilege alleging that the
rights of the Assembly had been breached by the Government attempting to prevent
Members of the Assembly from fulfilling their responsibility to review
legislation or proposed legislation.
The basis of the question of privilege
was related to provisions in Bill 18, Trade,
Investment and Labour Mobility Agreement Implementation Statutes Amendment Act,
2009, a Bill that was, at the time, being considered
by Committee of Whole. Section 5 of the Bill would allow the Government to amend
legislation that is passed by the Legislature without returning to the Assembly.
This type of provision is often referred
to as a "Henry VIII" clause (a provision in a Bill which enables primary
legislation to be amended or repealed by subordinate legislation, with or
without further Parliamentary scrutiny) and is the subject of much discussion
both in Canada and across the Commonwealth. However, there is no precedent in
references by Canada or the UK that use of this type of clause in legislation
leads to a prima facie
breach of privilege. Additionally, it is the role of the court, not the Speaker,
to rule on the legality or constitutionality of Bills.
Speaker Ken
Kowalski found no prima
facie case of privilege. He noted that he did not
want to be seen as endorsing the use of these types of clauses because they
detract from the role of the Assembly; however, the question as to whether a
Henry VIII clause ought to be used is different from the question as to whether
it may be used. The ability of Parliament or a Legislature to delegate authority
to amend statutory provisions was set out as long ago as 1917 in a decision by
the British House of Lords.
On April 27,
Brian Mason (ND,
Edmonton-Highlands-Norwood) raised a purported question of privilege. He argued
that his ability to perform his duties as an opposition MLA was interfered with
when he was denied access to a press conference scheduled by the Government. The
press conference was held at Government House, which is located a few kilometres
from the Legislature, and is commonly used by the Government for various
purposes, including caucus meetings and ceremonial events.
The Member argued that part of his
responsibility as an MLA is to be informed and able to respond to media
inquiries regarding Government policy and being denied access to the press
conference interfered with his duty to become informed about the policy being
discussed at the conference.
In his ruling Speaker Kowalski referred
to a prior ruling he made on March 7, 2000, regarding a similar issue, where an
opposition Member was denied access to a media briefing held in the media room
of the Legislature Building. The Speaker ruled there was not a
prima facie case of privilege
in that instance because the media room where the briefing was held is not part
of the parliamentary precincts and therefore the Speaker has no control or say
in who is or is not allowed in the room.
Speaker Kowalski found no
prima facie
case of privilege. In his ruling, he indicated that:
allowing or not allowing a member to
attend a media briefing does not constitute an impediment or obstruction to
the member performing his or her parliamentary duties, which presumably is
the category of privilege that the leader of the third party relies on. If
the facts had been different and the question of privilege involved the
denial of access to this Chamber or a proceeding in this parliament and on
the precincts of the Legislative Assembly of Alberta, this ruling may have
been very different.
Other Matters
A Select Special Chief Electoral Officer
Search Committee was struck on April 9, 2009.
On March 9, 2009, Speaker Kowalski
hosted a ceremony in the Legislature Building Rotunda recognizing Alberta’s
Francophone community. Les Rendezvous de la Francophonie is a celebration of the
province’s French culture and history. Joining Speaker Kowalski during the
recognition ceremony were Hector Goudreau,
Minister of Employment and Immigration; Harry Chase,
MLA, representing the Official Opposition; Rachel
Notley, MLA, representing the Third Party
Opposition; and Jean Johnson,
President, Association canadienne-française de l’Alberta.
Mr. Speaker’s MLA for a Day was held on April
21 and 22, 2009. Sixty-four students from across Alberta participated in the
program which is designed to give Alberta high school students the chance to
find out what it really means to be an MLA. Through conversations with MLAs and
participation in the two-day program, students were able see how MLAs act as
lawmakers and community representatives. The program is sponsored by the Royal
Canadian Legion, Alberta NWT Command, which also assists with the program.
Speaker
Peter Milliken, of the House of Commons, visited
Alberta from March 15 to 17, 2009. On March 16, he joined the procession and was
seated on the floor of the Assembly at the Table where he observed Oral Question
Period and the Daily Routine.
Micheline Gravel
Clerk of Journals/Table Research
Manitoba
The 3rd
session of the 39th Legislature began with the presentation of the
NDP government’s 12th Speech from the Throne by Lieutenant-Governor
John Harvard
on November 20, 2008.
The address outlined the province’s response
to the growing global financial crisis, conveying a range of government
commitments and proposals, including:
Committing to a four-year, $4.7-billion
infrastructure plan to fund needed capital projects in health, education,
transportation, water and waste-water treatment, and housing;
Bolstering security for citizens and
communities through more funding for police officers, hiring more Crown
prosecutors, and introducing a new police act;
Introducing new child-care programs in
schools, new recruitment and retention initiatives for child-care workers,
while doubling investments in specialized medical equipment;
Launching a new Sustainable Agricultural
Program as part of the province’s Kyoto and Beyond plan; and
Bolstering recycling programs by setting
aggressive targets for the reuse of plastic bags and banning the
distribution of bags that do not conform to composting or recycling
standards.
In his non-confidence
amendment to the Address in Reply motion, Official Opposition Leader
Hugh McFadyen (PC – Fort Whyte)
identified a number of shortcomings in the government’s plan, including:
Failing to recognize that a strong economy
is a prerequisite for a united province that offers safe communities,
effective health care, first class education systems, leading-edge
environmental protection, healthy families and communities and the
safety-net programs that protect our seniors, the poor and the vulnerable;
Failing to apply the record revenue
increases over the past nine years to more aggressively pay down debt, so
that Manitoba’s total debt has gone up when it should have gone down; and
Failing to accept responsibility for
systemic failures and broken promises in health care, Child and Family
Services, public safety and the economy.
In his sub-amendment to
Mr. McFadyen’s amendment Jon Gerrard
(Independent Liberal – River Heights) identified a number of additional faults
with the government’s performance, including that:
The speech does not provide a coherent
plan to address the plethora of health-care problems, such as the diabetes
epidemic sweeping the province, overburdened health-care professionals and
lengthy wait times; and
The speech failed to recognize the
importance of Lake Winnipeg to all Manitobans by not providing a strategy
that will keep Lake Winnipeg environmentally and economically viable for
generations to come.
Following the defeat on
November 27 of Mr. Gerrard’s sub-amendment on a vote of yeas 18, nays 32; and
the defeat of Mr. McFadyen’s amendment on December 1 by a vote of yeas 20, nays
32, on December 2 the main motion carried on a vote of yeas 30, nays 19.
On December 3, 2008 the Leader of the Official
Opposition moved an opposition day motion urging the provincial government "to
consider acknowledging that, under its stewardship, Manitoba has failed to
fulfil its potential over the last nine years;" and urging the provincial
government "to consider releasing an economic plan for the Province that
reassures Manitobans that they have a plan to deal with the immediate economic
crisis as well as a long-term economic vision for the Province that will make us
competitive with our western neighbours." Members debated the motion for the
majority of the afternoon, before it was defeated on a vote of yeas 19, nays 31.
MLAs, Assembly staff, and the Manitoba
public were shocked and saddened to learn of the untimely death of
Oscar Lathlin (NDP – The Pas)
in early November 2008. On the second day of session on November 21, 2008 the
House met a half hour before the sitting day began to honour his memory with
brief speeches from the party leaders, followed by a profound and dignified
ceremony in the Rotunda.
The House returned from the winter break
on March 25, 2009 with Finance Minister Greg
Selinger (NDP – St.
Boniface) delivering the NDP government’s tenth budget. The 2009-2010 total
operating expenditure of $10.2 billion represents an increase of 4.4% from
2008-2009. Highlights of the government’s "steady and balanced" budget included:
Investing in post-secondary capital
improvements at the University College of the North, Red River College,
Brandon University, Assiniboine Community College, University of Winnipeg
and University of Manitoba;
Building and improving highways with a
total of $535 million for Manitoba roads;
Providing funding to implement legislation
to protect foreign workers;
Providing a 5.25 per cent increase or $53
million for public schools;
Providing funding to continue to recruit
and retain physicians, especially in rural and northern Manitoba;
Increasing wages for child-care centre
staff by three per cent effective July 1;
Reducing the interest rates on Power Smart
loans offered by Manitoba Hydro to five per cent from 6.5 per cent; and
Introducing a Waste Reduction and
Recycling Support Levy to provide funding to municipalities based on the
amount of waste that is recycled.
During his contribution to the budget debate
on March 26, 2009 Official Opposition Leader McFadyen moved a motion expressing
non-confidence in the government, which stated that the budget failed "to
address the priorities of Manitobans by":
Increasing the province’s debt to an
all-time high of $21.1 billion;
Attempting to introduce a new, misleading
accounting practice with a proposal to reduce by over 80 percent the minimum
payment on Manitoba’s credit card debt, taking that repayment to $17.54 per
person this year on a bill of $18,380; and
Failing to announce a plan to tackle
corruption, waste and mismanagement within government by:
endorsing the Winnipeg Regional Health
Author- ity "brown envelope" tendering scheme;
failing to repeal the "vote tax,"
leaving the New Democratic Party in line to pocket $1 million over four
years at the expense of Manitoba taxpayers; and
failing to cancel the reckless and
environmentally harmful west-side Bipole III project and instead proceed
with the east-side hydro line.
On April 7, Mr. Gerrard moved a sub-amendment
to Mr. McFadyen’s amendment. Dr. Gerrard identified a number of other
shortcomings in the government’s financial plan, including:
Failing to put patients first by
continuing to base RHA spending on global budgets, rather than services
delivered;
Neglecting the need to address the
diabetes epidemic facing Manitoba;
Failing to address climate change by
running a carbon-neutral government;
Failing to support the agricultural sector
by refusing to fund eco-friendly farming practices; and
Refusing to acknowledge the damage the
payroll tax has on economic growth.
On April 16 Dr. Gerrard’s
sub-amendment and Mr. McFadyen’s amendment were each defeated on recorded votes
of yeas 20, nays 35, while the main budget motion carried on a recorded vote of
yeas 35, nays 20.
On April 6, 2009 two new members were
introduced to the House as a result of recent by-elections. Former MP and House
of Commons Deputy Speaker Bill Blaikie
(NDP – Elmwood) filled the vacancy created when Jim
Maloway resigned his seat to run for Parliament,
while former Opaskwayak Cree Nation Chief Frank
Whitehead (NDP – The Pas) now serves the
constituency formerly held by Mr. Lathlin.
The Manitoba Legislature is currently
considering a wide range of legislation, including:
Bill 2 – The Animal Care Amendment Act,
which proposes a number of amendments, including:
Veterinarians are required to report
suspected cases of animal neglect or abuse to the director.
Animal protection officers are given
specific authority to deal with abandoned animals, and stronger
inspection and search and seizure powers.
A new appeal process is established
with an independent appeal body to hear appeals about licensing
decisions, animal seizures and orders made by the director.
Bill 3 – The Forest Amendment Act,
which makes a number of changes to The Forest
Act, including:
Banning logging in provincial parks,
with one exception. Consequential amendments are made to The Provincial
Parks Act to reflect this ban.
Officers are given the right to
inspect vehicles transporting timber and land that is the subject of a
timber cutting right.
New offences are created dealing with
the possession of illegally harvested timber and the unauthorized
harvesting of timber by the holder of a timber cutting right.
Bill 4 - The Community Revitalization Tax
Increment Financing Act, which states that regulations may be made
designating properties as community revitalization properties. While a
property is so designated, increases in its assessed value are subject to a
community revitalization levy that is imposed at the same rate as, but in
lieu of, taxation for school purposes. Money raised by the community
revitalization levy is to be paid into a new Community Revitalization Fund.
This fund is to be used to make grants to help revitalize communities and
neighbourhoods, to encourage economic, social and cultural development, and
to preserve heritage properties.
Bill 14 – The Consumer Protection
Amendment Act (Payday Loans), which amends
provisions of The Consumer Protection Act
relating to payday loans, including some provisions that were enacted in
2006 and are not yet in force. Under this Bill, the Public Utilities Board
order is rescinded, and the Lieutenant Governor in Council is empowered to
make regulations governing the maximum cost of credit for payday loans. The
Bill prohibits a payday lender from making a loan for more than a specified
percentage of a borrower’s net pay. It also prohibits lenders from
discounting loans and restricts "tied selling". The Bill would also
strengthen the government’s ability to regulate the activities of payday
lenders and to enforce payday loan provisions of the Act and the
regulations. It also enables the regulation of Internet payday loans.
Bill 16 – The Police Services Act,
which replaces The Provincial Police Act
and governs policing in Manitoba. Significant features of the Bill include:
Establishing the Manitoba Police
Commission, which will conduct studies and provide advice to the
minister on law enforcement and policing issues.
Every municipal police service in
Manitoba must operate under the general direction of a police board,
whose members will be appointed by the municipal council and Cabinet.
An independent investigation unit is
established, to be headed by a civilian director. The unit must conduct
an investigation if a police officer has been involved in an incident
where a person has died or suffered a serious injury, or if there is
evidence that a police officer has engaged in specified unlawful
conduct.
The Bill provides legislative
recognition of police services that will provide policing in designated
First Nation communities.
Bill 30 – The Budget Implementation
And Tax Statutes Amendment Act, 2009 which
implements measures in the 2009 Manitoba Budget, and makes various other
amendments to tax and financial legislation including suspending, for the
2009-10 fiscal year and the next two fiscal years, annual transfers to the
debt retirement account required by Part 3 of
The Balanced Budget, Fiscal Management and Taxpayer Accountability Act.
In these years, the Minister of Finance may make such transfers to that
account as he considers feasible. Beginning with the 2012-13 fiscal year,
the government will be required to resume annual transfers to that account
equal to $110,495,180 plus 7% of all debt repayments made from the debt
retirement account after 2011.
Bill 200 – The Highway Traffic Amendment
Act (Booster Seats), which ensures that a child who is under 8 years of
age is to be properly secured in a booster seat while riding in a vehicle.
Bill 218 – The Balanced Budget, Fiscal
Management And Taxpayer Accountability Amendment Act, which makes
amendments to require the government to maintain a positive balance in each
fiscal year.
Bill 222 – The Justice for Victims of
Child Pornography Act, which allows an application to be made to court
for an award of damages from a person convicted of a child pornography
offence on behalf of his or her unidentified child victims. The damages
recovered will be used to benefit victims of child pornography and to assist
programs working against child pornography.
Bill 228 – The Grandparents’ Day Act,
which proclaims the first Sunday in September after Labour Day in each year
as "Grandparents’ Day".
On December 4, 2008
the Special Committee on Senate Reform held its first meeting. The Committee,
chaired by Erna Braun
(NDP – Rossmere), established an itinerary as well
as rules and practices for consultations with Manitobans on the question of
Senate elections. From January through May 2009 a subcommittee on Senate
Elections heard 51 presentations and received 31 written submissions on this
topic in meetings held in eight rural Manitoba communities and at a meeting at
the Legislature in Winnipeg. The Committee is expected to draft a report this
spring which will be presented to the House for consideration.
Standing Committees of the Manitoba
Legislature have been occupied with a range of business in recent months. The
Standing Committees on Justice and Social & Economic Development met in April to
hear public presentations on government bills and consider legislation.
Additionally, the Standing Committee on Crown Corporations met on a number of
occasions to consider reports from the Manitoba Lotteries Corporation and the
Manitoba Liquor Control Commission.
In cooperation with the office of the Auditor
General, the Manitoba Public Accounts Committee (PAC) continues to review and
reform its procedures and practices. The PAC scheduled seven meetings from March
through June 2009 to consider reports from the Auditor General covering a
variety of topics including:
An Audit of the Public Accounts
Monitoring Compliance with The Ambulance
Services Act
Audit of the Pharmacare Program Manitoba
Health
Audit of the Department of Conservation’s
Management of the Environmental Livestock Audit of the Province’s Management
of Contaminated Sites and Landfills
Voluntary Sector Grant Accountability:
Perspectives and Practices – Enhancing Board Governance in Not-For-Profit
Organizations Report
An Examination of RHA Governance in
Manitoba
Rick Yarish
Clerk Assistant
Clerk of Committees
British Columbia
The fourth session of the
38th Parliament was prorogued on February 16, 2009, one week later than
originally scheduled in the parliamentary calendar. This extension enabled the
government to amend the balanced-budget legislation to permit temporary deficits
in fiscal 2010 and 2011, due to the impact of the global economic crisis on
provincial revenues.
Throne Speech and Budget
The fifth session opened on the afternoon of
Monday, February 16, 2009. The Speech from the Throne was described by the news
media as "a muted affair, particularly for an election year." The 40-page speech
focused on how British Columbia’s economic strengths could create jobs and
support families during the recession. New policy initiatives included the
development of a statutory framework to change the province’s legal relationship
with First Nations.
On February 17, Finance Minister
Colin Hansen tabled a budget
forecasting the deficit to be $495 million for 2009/10 and $245 million for
2010/11, with a return to a balanced budget by 2011/12. He explained that Budget
2009 builds on B.C.’s economic plan to alleviate the effects of the economic
slowdown by investing almost $14 billion in infrastructure projects and
reallocating $1.9 billion to strengthen health, education and social services.
Finance Critic Bruce Ralston,
however, contended that the plan was "making life harder for B.C. families."
Legislation
Early in the fifth session, two
financial bills received royal assent: the Supply
Act, 2008-2009 (Supplementary Estimates) and the
Ministerial Accountability Bases Act, 2008-2009.
For the current fiscal year, the House approved the
Budget Measures Implementation Act, 2009 and the
Supply Act (No. 1), 2009.
The latter provides government with five months of required expenditure, from
April through August, since Estimates debate will not occur until after the
election period officially ends on June 3.
Five amending bills were also passed prior to
adjournment of the House on March 31, 2009:
Bill 7,
Police (Police Complaint Commissioner) Amendment Act, 2009
changes provisions relating to the Commissioner’s term of appointment
Bill 8,
Workers Compensation Amendment Act, 2009 adds
lung cancer as a recognized occupational disease for B.C. firefighters
Bill 10,
Public Safety and Solicitor General Statutes Amendment
Act, 2009 amends the
Motor Vehicle Act and
Insurance Vehicle Act
to tackle identity theft
Bill 11,
Pension Benefits Standards Amendment Act, 2009
adds the multi-employer plan
Bill 13,
Forest Amendment Act, 2009
clarifies community and woodlot tenures
The government decided to adjourn the
fifth session on March 31, 2009, more than a week earlier than planned in the
parliamentary calendar. With adjournment, three government bills died on the
order paper: one implementing the reforms in the province’s police complaint
process, recommended in the 2007 report of Judge
Josiah Wood; another seeking to promote full labour
mobility across Canada; and an amending bill relating to the dispute resolution
processes available to strata corporations and strata owners.
The government claimed that there was
insufficient time for proper discussion of these bills before the election
campaign officially got underway on April 14. The opposition countered that
government had ended the spring sitting early to avoid question period.
The 38th Parliament was dissolved on April 14,
2009, paving the way for the official launch of the provincial election
campaign. At dissolution, the standings in the House were B.C. Liberal Party 42,
B.C. NDP 34 and 3 vacancies.
May 2009 General Election
The 39th provincial general election was held
on May 12, with contests in 85 electoral districts, up from 79 in 2005 as a
result of electoral boundary redistribution. Described as an uneventful campaign
by the news media, the leaders of the B.C. Liberal Party, the B.C. NDP and the
B.C. Green Party took part in a radio debate (April 23) and a televised debate
(May 2).
Unofficial returns indicate the Liberals
have been returned to power with 49 seats, and Premier
Gordon Campbell re-elected for
a third consecutive term. The NDP led by Carole
James won 36 seats. The turnout of eligible voters
declined to 48 percent, from 58 percent in 2005.
Two recounts are anticipated: one in
Delta South where Attorney General Wally Oppal
leads by just one vote over an Independent, Vicki
Huntington; the other in Cariboo-Chilcotin, where
NDP incumbent Charlie Wyse
has a 23-vote lead over the Liberal challenger,
Donna Barnett.
Referendum on Electoral Reform
On May 12, voters were also asked the
following referendum question: "Which electoral system should British Columbians
use to elect members to the provincial Legislative Assembly?" Two options were
presented on the ballot: "the existing electoral system (First-Past-the-Post),
or the single transferable vote electoral system (BC-STV) proposed by the
Citizens’ Assembly on Electoral Reform."
The preliminary results show that 61 percent
of voters province-wide prefer the existing system. The remaining 39 percent
were in support of BC-STV, with a majority in seven electoral districts also in
favour. Therefore this option failed to meet the thresholds of at least 60
percent of the valid votes province-wide and more than 50 percent support in at
least 51 of the 85 electoral districts. In 2005, 58 percent voted yes for
BC-STV, with majority support in 77 of 79 ridings.
Other Matters
On February 10, 2009, the House ratified
the order-in-council appointment of Gary Lenz
as Sergeant-at-Arms of the Legislative Assembly in accordance with section 39(2)
of the Constitution Act. Mr. Lenz served previously as Deputy Sergeant-at-Arms
(Security).
Josie Schofield
Manager
Committee Research Services
Saskatchewan
The Saskatchewan Legislative Assembly commenced
its spring sitting on March 2, 2009, and was completed on May 14, 2009. At the
outset, the provincial budget was introduced and adopted, and the estimates were
scrutinized over the course of the session. The committees also worked on the
passage of legislation, and are now preparing for public hearings to be held
this summer.
Provincial Budget
The 2009-2010 budget highlights include a
complete revision of the province’s property tax system, funds for a children’s
hospital, and increased grants to municipalities. In the face of great economic
uncertainty, the government was pleased to present one of the only balanced
budgets in the country.
The opposition’s main criticisms of the budget
centred on poor fiscal management and increasing the provincial debt. The NDP
also objected to what they saw as a failure of the government to address issues
such as rising utility rates, and a lack of affordable housing and child care.
Introduced on March 18, the budget motion was
debated until its adoption on March 26. The standing committees reviewed the
ministerial estimates and reported them to the Assembly before the end of the
spring sitting.
Legislation Review
One of the more interesting recent
occurrences involved the splitting of a bill before the House. Originally
conceived as a single piece of legislation, Bill No. 72 –
The Traffic Safety Amendment Act, 2008,
contained two areas of focus: to increase the driving privileges of volunteer
firefighters when en route to a fire scene, and to introduce "enhanced" driver’s
licences.
In early March, the Information and Privacy
Commissioner tabled a report raising concerns about the privacy implications of
the enhanced driver’s licences, which would contain radio frequency
identification technology. When it became clear that the opposition supported
the provisions of the bill relating to volunteer firefighters, but would object
to the passage of the driver’s licence portions based on the Commissioner’s
apprehensions, the government opted to divide the bill. The new bill regarding
volunteer firefighters passed without controversy, while the government reviewed
the enhanced driver’s licence legislation. In the end, the decision was made to
scrap the plan for the new form of identification.
Another noteworthy piece of legislation
was Bill No. 605 – The Traffic Safety (Maintenance
Workers – Gallenger) Amendment Act. This was a
Private Members’ Public Bill that was designed to improve the safety of highway
maintenance workers. Introduced by an opposition member on April 20, the bill
passed through all stages just ten days later. In an unusual display of
bipartisan cooperation, the government supported the opposition’s bill and
agreed to let it move through second and third readings on the same day.
As the spring session drew to a close,
with most of the legislative agenda already completed, another bill that moved
quickly through the Assembly was Bill No. 94 – The
Profits of Criminal Notoriety Act. This legislation
will prohibit convicted criminals from collecting any money for the recounting
of their crimes. In response to public debate on the issue and with the
encouragement of the opposition, the Minister of Justice introduced the bill
just before the end of the legislative session. It moved through all stages,
including committee, in just 4 sitting days.
A Private Members’ bill also received a
fair bit of scrutiny this session. Bill No. 903 –
The Ancient Order of Melchizedeq, Inc. Act was
brought forward by a religious college in Prince Albert, seeking the authority
to grant degrees. The legislation encountered some difficulties relating to the
process by which bills of this type are evaluated by the Private Bills
Committee. Ultimately, the committee chose to not recommend the bill to the
Assembly. The members are awaiting the results of a broad review of the
post-secondary education system, further consultations with the universities,
and a review of the committee’s processes regarding bills of this kind. The hope
is that no other petitions for private bills will come up against such problems
in the future.
Precedents
For the first time in the Saskatchewan
Legislative As- sembly, a vote was required on a Private Members’ Motion. In the
past, Private Members’ items had been allowed to be adjourned indefinitely,
which left most business lingering on the Order Paper until prorogation or
dissolution. Saskatchewan’s Rule 26(4), which was adopted in April 2003, now
obliges a vote on any Private Members’ business that has been adjourned three
times. After the third adjournment, the business item receives the notation "To
Be Voted." The next time the item is debated, the Speaker calls every question
necessary to dispose of the matter. On April 2, a vote was called on a Private
Members’ Motion to support the consideration of further development of
Saskatchewan’s uranium industry, which passed unanimously.
Saskatchewan also set a new precedent
recently with a motion for a Member’s leave of absence. The Assembly passed a
motion to waive its privilege of exempting a Member from attending as a witness
before any court while the Assembly is in session. The Member,
Joceline Schriemer, was granted
a leave of absence so she could voluntarily appear before the Court of Queen’s
Bench in relation to her previous capacity as a peace officer.
Committee Meetings
Over the course of the spring sitting, the
committees were busy reviewing budgetary estimates and bills. Now that the
session has concluded, two of the policy field committees are planning for
public hearings.
In June, the Standing Committee on Human
Services will conduct approximately three days of hearings on the proposed Bill
No. 80 – The Construction Industry Labour Relations
Amendment Act, 2009. The bill would permit unions to
represent all workers on a single project. The current legislation only allows
for construction industry workers to be unionized by trade or skill groups.
Submissions from industry stakeholders and interested citizens are expected to
be heard over two days, with a third day being reserved for the Minister to
answer questions from the committee and offer his proposals.
In October 2008, the government appointed a
panel to investigate Saskatchewan’s options for expanding its role in the
nuclear cycle. The Uranium Development Partnership (UDP) report was released on
March 31, 2009, and includes many recommendations for the province. A series of
consultations by the UDP panel are planned to allow stakeholders and the public
to have input.
The opposition argued that the UDP’s focus on
nuclear options was too narrow, and put forward a counter-proposal to hold
public consultations on all the possibilities for future energy generation:
wind, solar, nuclear, hydro and geothermal power, conservation, and other
alternatives.
In response, the government compromised by
suggesting a public hearing process led by one of the Assembly’s policy field
committees. The Assembly passed a motion to that effect, and the Standing
Committee on Crown and Central Agencies has been ordered to hold "an inquiry to
determine how the province can best meet the growing demand for electricity in a
manner that is safe, reliable, environmentally-sustainable and affordable for
Saskatchewan residents." This process is expected to take place in the fall.
Parliamentary Visits
The Legislative Assembly of Saskatchewan
was pleased recently to welcome two fellow parliamentarians. In mid-March,
Speaker Peter Milliken,
of the House of Commons, visited to learn about Saskatchewan’s Legislative
Chamber technology and innovative Rules. Also,
Olaosebikan Olajuwon Ebenezer, a legislative officer
from Lagos State, Nigeria, spent several days talking with MLAs and many of the
Assembly’s staff. He served as a Table Officer for a day of House proceedings
and gave a presentation on the political history and legislative processes of
Nigeria.
Member’s Retirement
Marking the end of an era, May 14 was
Lorne Calvert’s final
day in the House as a Member of the Saskatchewan Legislative Assembly. Mr.
Calvert, leader of the NDP opposition, served as a Member and Cabinet Minister
in various portfolios from 1986 to 1999. He was elected again in 2001 and served
as Premier until 2007. On the last day of the spring session, the Assembly
unanimously adopted a motion recognizing Mr. Calvert’s 22 years of service in
the Assembly, and praising his leadership and many contributions to
Saskatchewan. Mr. Calvert’s retirement from politics will be official on June
30; the following day, he will be taking up the position of principal of St.
Andrew’s College at the University of Saskatchewan.
Joelle M. Perras
Committee Researcher
New Brunswick
During the first six weeks
of the spring sitting of the New Brunswick Legislature, the government
introduced the 2009-2010 budget; a number of Bills were introduced, the Law
Amendments Committee tabled a report following public consultation, Members
reaffirmed their support for New Brunswick’s principles of linguistic equality,
and the House welcomed a new Member.
Budget
The Third Session of the Fifty-Sixth
Legislature, adjourned on December 19, 2008, resumed March 17, 2009, when
Finance Minister Victor Boudreau
delivered his third budget address stating: "Today’s budget builds on the
initial plan that the government announced in December to respond to the
prevailing economic and fiscal climate facing the province and to position our
economy for recovery and growth."
The budget focused on a five-point plan
to provide Leadership for a Stronger Economy.
Key elements: four-year plan to return to balanced budgets; $1.2 billion for
infrastructure and support for businesses; The Plan
for Lower Taxes in New Brunswick–a record one-time
tax reduction plan that is a vital part of the government’s long-term economic
development strategy for job creation, economic growth and competitiveness;
investing in priorities including health and education–preserving the social
safety net for New Brunswickers; and, responsible management of government
expenditures.
A $65 million increase for the Department of
Health includes support for the prescription drug program and hospital services;
integrated provincial trauma system; long-term care services; nursing homes;
home support agencies; poverty reduction; child welfare; and grant-funded
children’s residential facilities.
The budget includes an $8 million investment
toward the cost of building infrastructure to deliver highspeed Internet to
those who do not currently have access.
An additional $4.7 million is budgeted for
Crown land silviculture.
The Finance Minister noted that spending
pressures continue to increase; the impact of weakened market returns on the
provincial pension expense and the increased costs of delivering social programs
are major factors affecting the province’s spending plan. For 2009-2010,
spending will be $7.838 billion.
In his response to the budget address
during the second of six days of debate, Official Opposition Leader
David Alward
stated:
This is a government that has lost its
way. A home heating plan, which not only took away people’s dignity but
which was also fundamentally flawed, has since been completely scrapped
under the radar, leaving thousands of New Brunswickers out in the cold.
There are large bonuses for some of the province’s highest paid executives.
There have been appointments for friends. There is less transparency, not
more. There was a so called plan focused on 2026 without a path to get
there.
and
According to the recent Auditor General’s
report, government spending has increased by 14.6%, while GDP growth was
only 4.2%. Revenue grew by only 4.8%. This government’s trend of
overspending has continued into this year’s budget. Spending is up 5.5%,
while revenues are down less than 1%. This is not sustainable in the long
term.
Legislation
The 24 Bills introduced to date include 16
Government Bills; 4 Opposition Bills, and 4 Private Bills.
Among the Bills receiving Royal Assent:
Bill 33, introduced by Supply and
Services Minister Ed Doherty
amends the Public Works Act
to require the Minister to notify owners of the intention to designate
property for a public works project, set out a clear and fair process for
resolving compensation disputes, reduce the risk of costly delays in
projects, and authorize any minister to issue a permit, license, or approval
to the Minister of Supply and Services for the purposes of a public works
project.
Minister of Social Development
Mary Schryer
introduced Bill 41, Essential Services in
Nursing Homes Act, noting that the legislation
introduces the essential services designation to nursing home care and
support workers. Previously, nursing home care and support workers were not
designated as essential service employees in New Brunswick.
Bill 43, An
Act to Amend the Tuition Tax Cash Back Credit Act,
introduced by Finance Minister Victor Boudreau,
doubles the maximum lifetime rebate from $10 000 to $20 000, and the maximum
annual rebate is doubled from $2 000 to $4 000. The Minister noted that the
amendment is consistent with the government’s population growth strategy to
promote retention, repatriation, immigration, and settlement.
Bill 47,
An Act to Amend the Smoke-free Places Act,
introduced by Health Minister Michael Murphy,
extends the definition of prohibited places for smoking to include vehicles,
if there is another person under 16 years of age present.
On behalf of Opposition Leader Alward,
Bruce Fitch introduced
Bill 40, an amendment to the Auditor General Act,
noting that the proposed Bill would call upon the Office of the Auditor General
to provide a fiscal update to the province six months prior to the fixed
election date and provide New Brunswickers with a clear picture of the
province’s finances. The motion for second reading of the Bill was defeated.
The majority of petitions tabled during the
period related to the announced removal of ferry service across the St. John
River, re-opening of the Weyerhaeuser Mill, and the protection of water, health
and property rights.
Law Amendments Committee Report
On April 3, 2009, the Standing Committee
on Law Amendments, chaired by Justice and Consumer Affairs Minister
Thomas J. Burke, tabled its
First Report, the result of public consultation on Bill 82,
Access to Information and Protection of Privacy Act,
and the Discussion Paper - Personal Health
Information Access and Privacy Legislation, referred
during the previous session. Bill 82 aims to improve and modernize the existing
right to information and protection of personal information legislation, provide
a framework for how public bodies must respond to requests for information, and
applies to all records held in any form by government departments, provincial
agencies, boards and commissions, universities and municipalities. It also
provides greater clarity on the use and protection of any personal information
held by these public bodies. The Report outlined concerns raised during the
public hearings and recommended that the government consider these concerns
before a revised Bill is introduced; that a revised Act provide that all fees
charged be "fair and reasonable," and that the Act be reviewed every 4 years.
The Committee also received input on the
Discussion Paper - Personal Health Information
Access and Privacy Legislation which presents the
basis of new personal health information access and privacy legislation in the
province. The Committee recommended that the government consider the issues
outlined in the report before any legislation is introduced.
Official Languages
On April 17, 2009, to celebrate the 40th
anniversary of the Official Languages Act of New
Brunswick, the Assembly passed a resolution moved by
Premier Shawn Graham,
seconded by Opposition Leader David Alward,
reaffirming the Assembly’s commitment to reiterate and reaffirm its support and
advocacy for and of the principles of linguistic equality, which have
characterized New Brunswick since 1969.
New Member Introduced
On March 24, Premier Graham introduced
newly-elected MLA Burt Paulin.
Mr. Paulin, a Liberal, was elected in a March 9 by-election in
Restigouche-la-Vallée following the resignation of long-time Progressive
Conservative MLA Percy Mockler
who was appointed to the Senate of Canada. Mr. Paulin represented the electoral
district of Restigouche West from 2003 to 2006.
Standings in the House: Liberals, 33;
Progressive Conser- vatives, 22.
Diane Taylor Myles
Researcher and Journals Clerk
House of Commons
The Second Session of the 40th Parliament
opened on January 26, 2009. The House immediately proceeded to the presentation
of the Budget on January 27.
Following the adoption of a ways and
means motion (no. 6), the Minister of Finance, Jim
Flaherty, introduced Bill C-10,
An Act to implement certain provisions of the budget tabled
in Parliament on January 27, 2009 and related fiscal measures,
on February 6. Given the economic situation, on February 23, the Standing
Committee on Finance held four meetings on the same day to hear witnesses. The
next day, the Committee began clause-by-clause consideration of the Bill and
reported it back to the House without amendment on February 25. The Bill
received Royal Assent on March 12.
Three supply bills were passed during
this period. On February 26, Bill C-12, An Act for
granting to Her Majesty certain sums of money for the federal public
administration for the financial year ending March 31, 2009,
received Royal Assent after passing through the
three reading stages on the same sitting day on February 12. On March 24, two
other bills, C-21, An Act for granting to Her
Majesty certain sums of money for the federal public administration for the
financial year ending March 31, 2009,
and C-22, An Act for granting
to Her Majesty certain sums of money for the federal public administration for
the financial year ending March 31, 2010, were
passed by the House on the same sitting day and received Royal Assent on
March 26.
Business of Supply
Pursuant to the Standing Orders, seven
days were allotted for supply for the period ending on March 26. On the seventh
and final allotted day, on March 24, John McCallum
introduced a motion on the spending authority
proposed in Treasury Board’s Vote 35 of the Main Estimates for 2009-2010. The
motion called upon the government to table in the House, within one sitting of
each occasion that Vote 35 is used, a detailed report justifying the use of the
measure. The motion was agreed to that same day (Yeas: 154; Nays: 139).
Private Members’ Business
The Order of Precedence was established on
February 10, based on the draw that was held in the first Session on November
24. On February 24, the Standing Committee on Procedure and House Affairs
presented its sixth report, enumerating the items added to the Order of
Precedence.
On April 29, a vote for second reading
and referral to committee of Bill C-241, An Act to
amend the Employment Insurance Act (removal of waiting period)
resulted in a tie. The Speaker cast his deciding vote in
favour of the motion, saying it had become customary for him to vote in favour
of a motion at second reading. That was the fifth time that Speaker
Peter Milliken had cast a
deciding vote.
Committees
On February 10, the House unanimously agreed
to restrike a special committee on the Canadian mission in Afghanistan.
On February 12, the Standing Committee on
Agriculture and Agri-Food created a subcommittee on food safety to launch a
probe into the listeriosis outbreak in Canada last summer.
On February 26, the House agreed
unanimously to strike two subcommittees of
the Standing Committee on Industry, Science and Technology. The first was
responsible for undertaking a study of the crisis faced by the automotive
industry in Canada and reported its findings to the House on March 31. The
second is examining the crisis faced by certain industrial sectors in Canada
such as aerospace, energy, forestry, high-tech and manufacturing.
On March 12, the House
agreed by unanimous consent to concur in the third report of the Standing
Committee on Access to Information, Privacy and Ethics on the privileges, powers
and immunities of the House of Commons in relation to the Oliphant Commission of
Inquiry into the Mulroney-Schreiber Affair. With the Commission about to begin
its proceedings, the House wanted to ensure that the evidence, testimony and
submissions by all persons participating in the Committee’s study on that very
subject would not be used during the Commission’s inquiry.
On March 26, the Standing Joint Committee on
the Library of Parliament undertook a study on the Office of the Parliamentary
Budget Officer.
On April 27, the Panel of Chairs for the
Legislative Committees was appointed. Pursuant to Standing Order 112, the
following Members were appointed by the Speaker, as well as the Deputy Speaker
of the House and Chair of Committees of the Whole, the Deputy Chair of
Committees of the Whole and the Assistant Deputy Chair of Committees of the
Whole: Mike Allen;
Peter Braid; Gord Brown;
Lois Brown; Candice Hoeppner;
Keith Martin;
Maria Minna;
Bernard Patry;
Mike Wallace; and
Judy Wasylycia-Leis.
Special Debates
Pursuant to Standing Order 52(10), an
emergency debate on the situation in Sri Lanka was held in the House on
February 4. The purpose of the debate was to shed light on the increased
confrontation between government forces and the Liberation Tigers of Tamil
Eelam.
A take-note debate was held on March 26 on the
International Conference on Afghanistan in The Hague.
Procedure/Privilege
On March 12, the Speaker rendered a
ruling on the point of order raised by
Michel Guimond on Thursday, February 26, concerning
the remarks by Josée Verner
during Oral Questions accusing the Bloc Québécois of approving threats and calls
for violence, as well as another point of order raised by
Louis Plamondon on Thursday,
March 5, when two Conservative Members used the terms "extremists" and "promotes
violence" in reference to the Bloc Québécois. The Speaker ruled that remarks
directed to a party rather than an individual were parliamentary in the strict
sense of the term even though they were undoubtedly provocative.
That same day, during Statements by
Members, the Speaker cut short Tim Uppal’s,
Sylvie Boucher’s and
Rodney Weston’s
statements concerning the Leader of the Opposition. In response to remarks on
the matter, the Speaker ruled that statements made pursuant to Standing Order 31
were never intended to be debate and are not to be used for personal attacks.
The next day, the Deputy Speaker,
Andrew Scheer, cut off
Tim Uppal and
Dean Del Mastro for statements
concerning the Leader of the Opposition. Jim Abbott
rose on a point of order to challenge the Deputy Speaker’s decision since in his
view, the ruling the Speaker had made on Thursday, March 12 risked setting a
precedent regarding Members’ freedom of speech in the House. In justifying his
decision, however, Speaker Milliken, made the distinction between a personal
attack and a comment concerning a party in general.
On March 5,
Wayne Easter rose on a question of privilege in
relation to the dissemination of information by the Minister of Fisheries and
Oceans. The Member alleged that the Minister,
Gail Shea, had abused the privileges of her office
by allowing a Conservative Senator to use the department’s letterhead and Web
site for a news release concerning the seal hunt and attacking a Senator, the
Leader of the Official Opposition and the Liberal Party. In his ruling rendered
on March 24, the Speaker stated that he was unable to establish a link between
the matter in question and the Member’s parliamentary duties. He therefore could
not find a prima facia
question of privilege.
On April 2, the Speaker ruled that the
Standing Committee on Finance had exceeded its mandate by publishing its second
report recommending that increased funding be granted to the Office of the
Parliamentary Budget Officer. Since matters relating to the Parliamentary Budget
Officer’s mandate and resources are the responsibility of the Standing Joint
Committee on the Library of Parliament pursuant to Standing Order 108(4), the
Speaker ruled the report inadmissible and ordered that it be deemed withdrawn
and that no further proceedings be taken in relation thereto.
Other Matters
The Voting Record Access Service was
officially launched on April 20. This new service on the Parliamentary Web site
offers access to information on votes in the House of Commons starting in the
38th Parliament.
On March 11, the House passed a resolution to
encourage the government to do everything possible to ensure that the G8 and G20
meeting scheduled for April 2 in London address ways to redress the increased
and enduring poverty among all member states, and that the Senate be invited to
join with the House in that encouragement.
On March 30, the House unanimously
adopted a resolution that the vernal equinox (first day of Spring) be designated
as Nowruz Day. The resolution was introduced by
Bryon Wilfert, who had introduced a similar bill
(C-342) on March 23.
In response to the earthquake in the Abruzzo
region on April 6, the House expressed its condolences on behalf of all
Canadians to the people of Italy through a resolution on April 20.
On April 28, the House resolved by unanimous
consent that the week of May 4 to 8, 2009 would be National Food Allergy
Awareness Week.
Dawn Black formally announced to the House
on April 2, that she would be resigning as the Member for the riding of New
Westminster-Coquitlam on April 13. Ms. Black began her political career as the
Member for that riding from 1988 to 1993 and was subsequently re-elected in
2006.
On April 30,
Bill Casey officially announced
that he would be resigning from the House. Mr. Casey also began his political
career in 1988 and had sat as an independent Member since June 2007.
On Wednesday, March 4, the House paid
tribute to former Speaker Gilbert Parent
following the announcement of his death the previous day. One Member from each
party and Speaker Milliken spoke in turn of Mr. Parent’s dedication to Canadian
politics and expressed their sincere condolences to his family. Mr. Parent was
Speaker of the House of Commons from 1994 to 2001.
David Gagnon
Procedural Clerk
Procedural Services
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