PDF
| Alberta
| British Columbia
| Newfoundland and Labrador
| Northwest Territories
| Ontario
| Quebec
| Yukon
| House of Commons
|
Alberta
In an unusual break with tradition, the
second sitting of the 19th Legislature of Alberta adjourned on November 27,
1980. The normal procedure of prorogation was delayed, in light of the
potential for developments in the energy and constitutional issues.
November 27, in addition, marked the last
day of the tenure of Robert Clark, MLA for Olds-Didsbury, as Leader of the
Opposition in the Legislative Assembly. The Social Credit member stepped down
as party leader at a party convention earlier that month. His party colleague,
Ray Speaker, M LA for Little Bow, has been chosen as the new Opposition Leader
in the House.
The government introduced thirty-nine pieces
of legislation during the fall sitting, thirty-six of which received Royal
Assent. The legislative activity was added to by thirteen Private Members
Public Bills. Five Private Bills were introduced, all of which received Royal
Assent. Included in the government's bills were several revisions of major
laws. as well as several important new statutes. The Liquor Control Act, 1980
repeals and supercedes the 1958 law; The Labour Relations Act and the
Employment Standards Act replaces The Alberta Labour Act of 1973; and The
Election Act, 1980 supplants the former legislation governing provincial
elections. Two other comprehensive and revisionary bills, The Business
Corporations Act and The Personal Property Security Act, were introduced but
not pursued. The government intends to reintroduce them in the spring, after
allowing for response and comments from interested individuals and groups.
Other important legislation includes The
Health Occupations Act, The Architects Act, and The Engineering and Related
Professions Act, intended to improve the means whereby these occupations can be
regulated. The number of justices of the Court of Queen's Bench was increased
from thirty-nine to forty-four, and a new position of Associate Chief Justice
of the court was created by the Court of Queen's Bench Amendment Act, 1980. The
Legislative Assembly Amendment Act, 1980, increases the payment to MLAs for the
operation of constituency offices and services to $10,000 from $5,000, and
allows a member to locate his constituency office outside of his constituency.
The House received two petitions during the
sitting. Henry Woo, MLA for Edmonton Sherwood Park, presented a petition of
over 11,000 signatures, calling for the prevention of the annexation of any or
all of the County of Strathcona by the City of Edmonton, John Gogo, MLA for
Lethbridge West. presented a petition of 8,000 signatures asking that St.
Michael's Hospital in that constituency be allowed to continue operating at its
present capacity. Debate on the annexation issue has been promised for the
spring.
Ministerial activity was abundant during the
sitting. Dominant among the many statements made was that by Premier Peter
Lougheed on the last day, of the sitting. As a follow-up to a television
broadcast responding to the federal budget, Mr. Lougheed announced the
production of a brochure and the beginning of a nation-wide public awareness
campaign on Alberta's energy and constitutional concerns and positions. The
effort is directed to help:
Alberta citizens become as fully aware as
possible of the basic facts in order that, if they wish, they as citizens can
communicate to other Canadians the strong case felt by most Albertans for the
need for justice and fairness by Ottawa.
In addition to the Premier's statement, the
energy and constitutional issues were pursued by the Attorney General, Neil
Crawford, and the Minister of Federal and Intergovernmental Affairs, Dick
Johnston. Mr. Crawford announced that the natural gas tax will be challenged in
court, as it pertains to a provincially-drilled well in southern Alberta. The
question to be determined is whether the federal government is constitutionally
and legally able to impose such a tax. Mr. Johnston announced that Alberta
would join five other provinces in initiating legal proceedings to obtain the
court's opinion on the federal government ' s constitutional proposals and
actions. As well, he announced that Alberta would not be making a presentation
to the Special Joint Committee on the Constitution in Ottawa, but would be
making a formal written presentation to the British Select Committee chaired by
Mr. Anthony Kershaw.
On November 24, the Legislative Assembly
devoted an entire day to debate on a motion advanced by Johnston, which asked
the Assembly to express its oppositions to the federal government's unilateral
patriation proposal and its support for patriation only with safeguards for
provincial rights, interests, and jurisdiction, and to urge the resumption of
federal-provincial constitutional discussions. The motion passed by a vote of
70 to 1.
A motion by Mr. Crawford on the last day of
the sitting led to the formation of a Select Special Committee to "explore
constitutional and related issues with members of other provincial
legislatures, to gain knowledge of the point of view in other jurisdictions and
convey the position taken by this Legislative Assembly." The Committee is
chaired by Gerard Amerongen, Speaker of the Alberta Legislative Assembly. Its
members are Dennis Anderson, MLA Calgary Currie, Fred Bradley, MLA Pincher Creek-Crowsnest,
Robert Clark, MLA Olds-Didsbury, Dr. Ian Reid, MLA Edson, and Charles Stewart,
M LA Wainwright. In January, the Committee toured Saskatchewan, Manitoba and
the Maritime provinces, and in February it is scheduled to visit Quebec,
Ontario, and possibly British Columbia and the Yukon.
Janet Kelly
Legislative Intern
Alberta Legislative Assembly
British Columbia
The second session of the thirty-second
British Columbia was prorogued on December 3, 1980. The session had opened on February
29, 1980 and sat for 116 days. During that time sixty bills were passed and
authorization granted for the expenditure of up to $5,799,629. In his closing
speech the Lieutenant Governor, Henry P. Bell-Irving, referred to several
policy and administrative initiatives.
In terms of fiscal policy, the government
had provided taxation incentives for purchasers of more fuel efficient
vehicles. In terms of energy policy, they had created the B.C. Utilities
Commission and passed several energy related bills. In terms of economic
policy, the House endorsed the government's applied research policy ' It
approved measures that will provide low interest loans to small businesses.
Steps were taken to improve youth training and employment programmes. In terms
of social policy, the government introduced incentives designed to aleviate
current housing shortages. As well, the government introduced a dental care
programme for the young, elderly, and the disadvantaged. In keeping with this
governments apparent policy of reforming the administrative process, the
legislature was asked to consider bills providing for a new ministry of
Intergovernmental Relations, and new mandates for the ministry of Tourism and
the ministry of Agriculture and Food. The new ministry of Intergovernmental
Relations opened its mission in the national capitol soon thereafter.
On December 4 a new session opened with a
Speech from the Throne by the Lieutenant Governor. The principle objective of
the government was the introduction of a motion pertaining to constitutional
affairs. The entire session lasted only eight days. It was the first Yuletide
session since 1941.
The emotional and partisan constitutional
debate occurred on December 11. Some fifteen members including nine from the
government side debated the following motion for about six hours.
That we, the members of the Legislative
Assembly of the Province of British Columbia, reaffirming our allegiance to the
Crown, our commitment to a united Canada within the Canadian Confederation, and
asserting the sovereign status of Canada as a free and independent nation,
support
(i) early patriation of the Constitution of
Canada from the United Kingdom,
(11) a formula for the amendment of the
Constitution of Canada in respect of matters affecting federal-provincial
relationships,
With the consent of the Legislatures of all
the provinces and of the parliament of Canada.
In introducing this motion, the Premier of
British Columbia, William R. Bennett argued that:
This motion will restore historic practices
and traditions. It will give us an opportunity to come together in unity. It
will allow us to patriate our Constitution to have it in Canada with an
amending formula that, while preserving and protecting the heritage of the
people of all provinces, will not demand the rigidity of unanimity that has
prevented us from proceeding with desirable change ...
The Premier reviewed many of the actions of
his government in constitutional matters since coming to office in 1975 and he
went on to deplore this unilateral action by the federal government. It is
contrary to the basic concept of federalism for such basic changes to be put
forward without first having the consent or approval of the provinces
affected." In closing his speech, the Premier challenged the federal government
to return to the conference table and the official Opposition to support his
initiative.
The Opposition Leader, David Barrett,
refused to support the motion. He said:
... if there was a genuine desire on the
part of the government to have unanimity in the House on this single question
of patriation, why not pick up the phone and call the Leader of the
Opposition... Let it go on record that not one single effort was made to get
unanimity in this House.. .
The Opposition Leader also criticized the government
for refusing to establish a legislative committee to handle the matter. He
challenged the government to go to the people on the issue.
How can we support this resolution, which I
suspect is more than a little bit politically motivated, more than a little bit
a continuing of Canada-bashing, more than a little bit provocative, in an
attempt to find political ground of safety rather than building? The bluff has
been called ... put up or shut up.
The motion was finally approved with the
House voting along party lines with twenty-nine members in favour and
twenty-two against.
During the short Christmas session seven
government bills and one member's bill was introduced. Six of the government
bills were amendments to existing legislation. The new government bill was the
Senior Citizen Automobile Insurance Grant Act introduced by J.J. Hewitt,
minister responsible for the Insurance Company of British Columbia. The lone
member's bill was introduced by Al Passarell (NDP Atlin) and entitled An Act To
Prevent Uranium Mining and Exploration. All bills remain on the order paper at
1st reading stage. The House did not consider any supply measures nor did it
receive any reports from legislative committees in this period. The House
adjourned until further notice on December 12. When the legislature resumes it
will deal, on a priority basis, with matters of supply and ways and means.
Clarence Reser
Administrator
British Columbia Legislative Assembly
Victoria
Ontario
One of the highlights of the legislative
session which prorogued on December 12, 1980 was the introduction by Labour
Minister Robert Elgie, of Bill 209, An Act to review and extend Protection of
Human Rights in Ontario. This bill proposes a new Ontario Human Rights Code.
Perhaps the single most significant change is the explicit prohibition of
discrimination on the basis of mental and physical handicap, with a broad
definition of what constitutes a handicap. Other important extensions of
anti-discrimination protections are made pertaining to age. farriffi, and
marital status. The new code also prohibits sexual harassment. The bill
strengthens the powers of the Ontario Human Rights Commission in enforcing the
code, and provides that the code will bind the Crown and will have primacy over
all future legislation and over existing legislation in two years' time, unless
specific exemptions are made. Bill 209 received second reading shortly before
the end of the session and was supposed to be studied in detail by the Social
Development Committee. However no action was taken due to the dissolution of
the legislature on February 2. Election day was set for March 19, 1981. A
summary of the campaign and complete election results will appear in the next
issue of the review.
Among the more important pieces of
legislation passed in November and December were Bill 82. an amendment to The
Education Act requiring all boards of education in the province to provide
special education services for their students; Bill 214 which establishes a
fund to ensure the solvency of private pension plans in the event of the
termination of the plan; and Bill 168 which amends the Juries Act in several
respects, including a provision to permit blind persons to serve on juries.
Throughout January, the House was not
sitting but committees were extremely active. The Resources Development
Committee was conducting a thorough review of the Government's proposal to
locate a major liquid industrial waste dump in South Cayuga. The Select
Committee on Plant Shutdowns and Employee Adjustment continued its enquiry into
plant closings, severance pay and a host of related issues. The Justice
Committee sat very long hours to deal with the Ministry's licensing of certain
investment firms. Other committees, on Ontario Hydro Affairs, on the Ombudsman
and on Company Law may not have enjoyed such a high profile, but were also
extremely busy.
Mini-Budget
Responding to what he termed the
"failure of the Federal budget to address strategic economic and
industrial issues," Treasurer Frank Miller announced on November 13 a
series of "Supplementary Measures" to his April Budget. Inevitably,
these supplementary measures were dubbed a "mini-budget". In order to
stimulate demand, retail sales tax reductions totalling $260 million were
introduced, principally on major appliances, furniture, light trucks and vans
and building materials.
To address the structural problems in the
Ontario economy, Mr. Miller put forward a five point strategy which included: a
complete review of the province's economic development programmes; provision of
$750 million for new initiatives in employment and regional development over
the next five years; a full review of tax incentives, or tax
expenditures"; a tougher buy-Canadian public sector procurement policy;
measures to advance high technology, world scale industrial development,
research and investment in Ontario.
The Treasurer also announced the winding up
of the Employment Development Fund, which was established in 1979, and the
creation of a new Board of Industrial Leadership and Development (BILD) to
"consolidate and co-ordinate the government's total economic development
budget".
Replying on behalf of the Official
Opposition, David Peterson called the Treasurer's statement a case of
"promise unfulfilled". "There is really no substantial change,
not one initiative here" concluded Mr. Peterson in his analysis of the
province's economic situation and the Government's response to it. He supported
the sales tax cuts, he said "because it is Christmas time and who is
against Santa Clause' Floyd Laughren, the New Democratic Party Treasury critic,
told the House: "These supplementary actions do not do anyone in Ontario
any harm but they do not help those people who need it the most either".
Mr. Laughren went on to outline the basic problems of the Ontario economy,
which, he said, were not being properly addressed by the Government.
Questions of Privilege and Speaker's
Warrants
On December 1, Mike Breaugh, NDP Member for
Oshawa, rose in the House to complain of a breach of his privileges in that a
letter from an inmate of Millhaven Penitentiary, a federal institution, had
been opened prior to reaching him. Speaker John Stokes investigated this
complaint and, having ascertained that no agent of the Ontario Government or
Legislature had opened the letter, he communicated with the Solicitor General
for Canada. The Speaker reported to the House, on December 11:
I am now advised by the Federal Minister as
follows: Under section SA(3) of the Directors of the Canadian Penitentiary
Service Commissioners Directive No. 219 "Members of the Provincial
Legislatures are included among those to whom inmates can forward
correspondence unopened. In exceptional cases, however, where institutional
staff suspect contraband in such privileged correspondence, it may be opened
after the Commissioner has given his approval. There may have been a breach of
this directive but I regret that I have no ability to enforce a Federal
directive. I can only suggest that the Honourable Member for Oshawa raise the
matter with the Solicitor General for Canada."
On December 8, High Park-Swansea MPP Ed
Ziemba withdrew remarks adjudged unparliamentary by Speaker John E. Stokes.
Thus ended over six months during which the Speaker refused to "see"
Mr. Ziemba. This unusual procedure, which in effect prevented him from speaking
in the House, was the Speaker's response to Mr. Ziemba's refusal to withdraw
his unparliamentary remarks. At the Speaker's request. committee chairmen
similarly refused to recognize Mr. Ziemba. During this period, although he
could not take part in debate in the House or committee, he did vote and place
questions on the Notice Paper; at no time did he attempt to speak.
The period under review in this report has
been notable for the large number of Speaker's Warrants issued to compel the
attendance of witnesses and the production of papers. First were requests of
Mr. Speaker from the Select Committee on Plant Shutdowns and Employee
Adjustment that warrants be issued forcing two Canadian subsidiaries of
American firms to produce financial information on industrial plants which had
been closed.
A few days later, the Standing Committee on
the Administration of Justice recommended to the House that a warrant be issued
compelling Consumer and Commercial Relations Minister Frank Drea to produce all
Ministry documents and files pertaining to certain investment firms which had
been licensed by the Ministry and which subsequently went bankrupt. After a
long debate, the House adopted the Committee's report and the warrants issued.
This is believed to have been the first time in Ontario history that a Warrant
was served on a Minister of the Crown.
Many of the documents covered by the Warrant
were files and reports of the Ontario Securities Commission. On December 2nd,
the Chairman of the Commission wrote the Speaker arguing, in effect, that
although the Minister answers to the Assembly for the Commission, he has no
direct statutory authority for it and accordingly the Warrant did not extend to
the Commission. The Speaker read the letter to the House and indicated his view
that it was not for him to rule on the legalities of particular actions of the
House.
Ten days elapsed after the Warrant was
issued and no documents were received. On December 4, the Justice Committee
recommended to the House that the Warrant be amended to require production of
all documents by 9:00 o'clock the next morning. The Committee's recommendation
was debated all through the afternoon and evening. Attorney General Roy
McMurtry argued strongly that it was inappropriate and premature for the
Committee to demand such sensitive documents. Opposition Members countered that
it was entirely appropriate for the Committee to determine the circumstances
under which the Ministry licensed the firms in question. In the event, a
compromise was struck whereby the documents were delivered to the Committee on
December 8th. Although the final decision as to which documents were made
public was left with the Committee, an elaborate security system was
established and a subcommittee struck to screen all documents and to make
recommendations to the full Committee as to making specific documents public.
As the Justice Committee pursued its enquiry
into this matter in January, it decided that, in order to offer protection to
certain witnesses and to assure the attendance of other witnesses, Speaker's
Warrants were issued to many of the key witnesses. The Committee requested that
a Warrant be issued to Senator Richard Stanbury who had briefly acted in a legal
capacity for one of the investment firms. Mr. Speaker Stokes refused on the
grounds that the Warrant could not be valid so long as the Senate was in
session. Senator Stanbury did, however, appear voluntarily before the
committee.
Warrants were also issued to secure the
attendance of two federal civil servants who had been involved in approving a
federal charter for one firm. Federal authorities sought a judicial review of
the warrant's validity but the legislature was dissolved before the review took
place.
Television Recommendations
Following two joint meetings on the subject
of televising House proceedings. the Procedural Affairs Committee, chaired by
Mike Breaugh and the Members' Services Committee, chaired by Mrs. Margaret
Campbell, recommended to the House that "the Speaker assume responsibility
for the immediate introduction of permanent and continuing television and radio
coverage of the Legislature, under his control and authority. Except for
special occasions, such as Budget night and last Spring's Confederation
Debate", television coverage of the Legislature's proceedings is of very
poor technical quality, covers little beyond Question Period, and is not
subject to firm "electronic Hansard" guidelines as in Ottawa. The
report had yet to be debated, when the March 19 election was called.
Graham White
Assistant Clerk
Ontario Legislative Assembly
Senate and House of Commons
During the period under review (November 1,
1980 to January 31, 1981) most interest on Parliament Hill centred on the
constitution and activities of the Special Joint Committee on the Constitution.
The committee chaired by Serge Joyal MP and Senator Harry Hays began public
hearings on November 7 and during the next two months some ninety-two groups
and five individual witnesses were heard while nearly six hundred written
briefs were received. Most submissions focused on the need to improve the
proposed Charter of Rights and on the amending formula. Four provincial
Premiers appeared before the committee: Alan Blakeney of Saskatchewan, Richard
Hatfield of New Brunswick. Angus MacLean of. Prince Edward Island and John
Buchanan of Nova Scotia.
The Minister of Justice, Jean Chrétien,
presented the committee with a series of amendments on January, 12. They were
designed to meet some of the criticisms raised during the hearings. The changes
included an extensively, rewritten Charter of Rights and a strengthened
reference to native rights. The deadline for the committee was extended to
mid-February but despite the changes the Constitutional proposals still face a
long debate in the House of Commons and in the Senate before being sent to the
British Parliament.
Another parliamentary committee was also
studying the constitution although it received considerably less publicity than
the Special Joint Committee. A subcommittee of the Senate Standing Committee on
Legal and Constitutional Affairs headed by Senator Maurice Lamontagne presented
its report on Certain Aspects of the Canadian Constitution on November 26. The
first part of the report is a summary of various proposals for constitutional
change particularly insofar as they affect the Upper House. It argued that the
Senate should not be turned into any kind of federal-provincial chamber as
proposed by the Task Force on Canadian Unity, or by various other recent
reports. Instead it suggests the practice of First Ministers' Conferences be
enshrined in the constitution as a Federal-Provincial Council to which would be
assigned primary responsibility for overseeing areas of shared jurisdiction.
The second part of the report looks at ways
the present Senate could be improved. It called for an increase in the size of
the Upper House, a ten-year term for appointment renewable for further terms of
five years on the recommendation (by secret ballot) of a special committee of
the Senate. The legislative power of the Senate would also be limited to that
of a suspensive veto whereby it could only delay legislation for a maximum of
six months.
Reports of Parliamentary Task Forces
Of the six parliamentary task forces
appointed in early 1980 two managed to make final reports before the original
deadline of December 19. One other (the Task Force on the National Trading
Corporation) made an interim report while three (the Special Committee on
Alternative Energy and Oil Supply, The Special Committee on Employment
Opportunities for the 80s and the Special Committee on the Disabled and the
Handicapped) received extensions of various lengths.
The first task force to present a final report
was the one on North-South Relations, chaired by Herb Breau. It set forth
several recommendations designed to respond to the needs of developing
countries in ways that would also promote Canadian interests in the world. It
called on the Government to commit itself to reaching, by 1990, a target of 7%
of Official Development Assistance as a portion of Canada's Gross National
Product. Canada should also support changes in international financial agencies
such as the World Bank and the International Monetary Fund to make them better
meet the need of developing countries. The task force recommended that a high
portion of Canada's development assistance should go to the poorest and most
seriously affected countries. Food aid should be used only as a transitional
measure to fill the gap between a country's food needs and its food production.
This type of aid should be part of a detailed and well-integrated program in
which food production would increase. Other recommendations dealt with Canadian
policies regarding trade, energy and other matters related to the broad
question of international development.
The Task Force on Regulatory Reform chaired
by David Peterson also presented its report on December 19. While this is a
highly technical area the committee found a number of general themes underlying
the whole question of regulatory reform. Among other things it called for a
change in attitude as well as procedure regarding the use of regulations; the
need for strong political leadership by ministers and individual Members of
Parliament in this area and the need to emphasize the idea that people are
"customers" of government and that customers must come first when it
comes to delivering public services. The committee made twenty-nine specific
recommendations. It called for greater consultation between government
regulatory agencies and the private sector, establishment of a list of
interested persons or industries to be notified automatically of new
regulations; more advance notice of upcoming regulations. It said departments
issuing regulations should spend more time assessing their impact. All
regulations should be evaluated regularly and those identified as outdated or
unnecessary should be discarded. Better procedural requirements for cabinet
review of appeals were also urged.
The report contained recommendations
regarding the role of Parliament in the regulatory process. It called for
changes in the committee system so that standing committees could monitor the
regulatory activities of departments and review the merits of specific
regulations. This could not be done without major reforms to the present
committee system but pending such changes it called for creation of a Special
Committee on Government Regulation to oversee the regulatory activities of
federal departments and agencies.
The committee endorsed the Ontario practice
of giving a greater role to parliamentary secretaries by establishing a
Regulations Committee composed of all parliamentary secretaries and chaired by
a minister responsible for regulatory reform. This body would examine
regulations before they, are submitted to cabinet for approval.
An interim report of the Special Committee
on National Trading Corporations headed by Jesse Flis. was presented on
December 29. The report summarized views presented to the committee regarding
Canada's present trade position, trends in world trade, Canada's exporting
marketing structure and views on National Trading Companies in other countries.
Other Committee Activities
The House Standing Committee on External
Affairs and National Defence, chaired by Marcel Prud'homme, examined the
question of whether Canada should renew its participation in the North American
Air Defence Command (NORAD). After hearing some twenty-one witnesses, mostly
from the Department of External Affairs and National Defence, the committee
concluded that NORAD was the most efficient and cost-effective way for Canada
to contribute to the defence of North American airspace while assuring the
production of Canadian sovereignty. It said the NORAD Agreement should be
renewed with only minor changes for a further five year period.
On November 5 a subcommittee of the External
Affairs Committee chaired by Charles Caccia presented a report on the
Conference on Security and Co-operation in Europe. The subcommittee focused on
two main questions: how well are the provisions of the Helsinki Final Act being
carried out, particularly those provisions relating to human rights and what
objectives should be pursued by the Canadian delegation to the Madrid Conference
on European Security.
On December 16 the Standing Joint Committee
on Regulations and Other Statutory Instruments reported on the subject matter
of the enabling clause in the Canada Post Corporation Act. This is the first
time the government has acted in response to a previous request by the
committee that enabling clauses be referred to the Joint Standing Committee for
review. The committee raised some problems about the definition of the word
"letter" and whether it would apply to electronic or optical means of
telecommunications. The committee noted that amendments proposed by the
Postmaster General would meet some but not all of the difficulties. The
committee also objected to the wording of a clause which would allow the
Corporation to hold mail in any circumstances provided by regulation.
Other Parliamentary Business
One of the few bills to receive royal assent
during the last few months of 1980 was the Bank Act. The long delayed revisions
will allow increased competition for chartered banks both from other financial
institutions and from foreign banks whose establishment in Canada was made
somewhat easier under the new act. On December 18, the House of Commons held an
emergency debate on a motion criticizing the government's handling of the economy
particularly with regard to unemployment and inflation. The debate lasted
throughout the night and did not adjourn until seven o'clock the following
morning. Later that day Parliament adjourned for the Christmas break and when
it returned on January 12 it faced a heavy schedule including debate on the
government's energy policy and various amendments to the Income Tax Act. The
government's Access To Information Act received second reading and was referred
to the Standing Committee on Communications and Culture on January 29.
The Editor
Yukon
The major pieces of legislation passed by
the Yukon Legislative Assembly were described in the last issue of the Canadian
Parliamentary Review. Before the third session of the 24th Assembly adjourned
on November 13, 1980 legislation was introduced and passed to give effect to
recommendations of the Standing Committee on Rules, Elections and Privileges
concerning the law regarding elections administration and conflict of interest
rules for members of the Assembly. The salient points of the committee's report
were provided in the last issue of this review.
Although the Assembly was adjourned the
Standing Committee on Public Accounts began its hearings on January 19, 1981,
and called the Departments of Finance, Highways and Public Works, Government
Services, and Renewable Resources to appear. In 1980, its first year of
operation all meetings of this committee were held in camera although
transcripts of the hearings were appended to its report. The committee has
since decided to open its hearings to the public and the media. To date, there
has been no appreciable change in the manner in which such hearings are
conducted.
Patrick L. Michael
Clerk
Yukon Legislative Assembly
Northwest Territories
The third session of the Ninth Legislative
Assembly resumed on October 22, 1980 in Frobisher Bay after a four month
recess. The Session began in Baker Lake on June 11 and recessed June 20, 1980.
Since 1976 all Assembly sessions were held in Yellowknife but with the
introduction of the Ninth Assembly a decision was made to bring the Assembly to
the people.
In Baker Lake, Commissioner John Parker in
his Address to the Assembly stressed the importance of having the government
and Assembly understood by the people of the North. He said that another
benefit of meeting away from Yellowknife is that Members will be exposed to the
views of the people, bringing about a better understanding of regional
concerns. As a first item of business, the Legislative Assembly elected Donald
M. Stewart, the member for Hay River, to the office of Speaker, replacing
Robert H. MacQuarrie who had resigned from that office, although remaining a
member of the Assembly.
The Special Committee on Unity, which was
established early in the life of the 9th Assembly "to determine the means
by which political concensus would be generated amongst the people of the
North", presented its final report and recommendations on October 22.
Consideration of this significant report occupied a major part of the session
and included appearances by witnesses representing Inuit Tapirisat of Canada,
the Dene Nation, the NWT Metis Association and the NWT Association of
Municipalities and by Peter Ittinuar, M P and Dave Nickerson, M P. The
recommendations were debated extensively and adopted with amendments. The
Assembly gave commitment in principle to the division of the existing NWT into
an Eastern and a Western Territory, recommended a plebiscite on division be
held in the NWT, and that a constitutional development committee be established
to investigate future constitutional development in the Western NWT.
The Administration introduced a total of 19
bills at Frobisher Bay, consisting of 3 new bills, one repealing bill, a
Supplementary Appropriations Ordinance, and 14 amending bills. All were passed
and received assent. The new bills were: The Baffin Regional Council Ordinance
which provides for the incorporation as a legal entity of the Baffin Regional
Council and sets out its composition, procedures, powers and method of
operation; The Ophthalmic Medical Assistants Ordinance which provides for the
registration of three levels of ophthalmic medical assistants, defines their
qualifications and provides for disciplinary measures; The Legal Questions
Ordinance which provides a means for obtaining legal opinions from the Supreme
Court of the Northwest Territories which will have the force of judgements,
with an exception regarding the income tax collection agreement; The Agisters
and Livery Stable Keepers Ordinance which applied only to establishments of
this type operating outside municipalities, was repealed.
The Legislative Assembly, by adopted motion,
recommended to the Commissioner that the two existing vacancies on the
Executive Committee be filled by the appointment of Dennis Patterson (Frobisher
Bay) and Kane Tologanak (Central Arctic). The Assembly recommended that the
Executive Committee enter into negotiations with the federal government with a
view to establishing a Territorial Power Corporation to replace the existing
Northern Canada Power Corporation.
A motion instructed the Members Services
Board of the Assembly to investigate the means by which the rules, dress, decor
and practices of the Legislative Assembly could be made more reflective of the
land, customs and traditions of the people of the North. The question of making
meetings of standing committees of the Assembly open to the public will also be
examined.
Members were appointed to form special
committees on constitutional development and to oversee a study of the impact
of division, which was recommended by the report of the Special Committee on
Unity. A three member delegation was selected to deliver the recommendations of
the Unity committee to the Prime Minister and other officials in Ottawa.
During the session a number of position
papers introduced by the Administration were considered and accepted. These
covered such matters as: principles for the development of an energy policy;
political rights for Territorial public servants; options for a position on the
proposed resolution of the Canadian constitution; and a Police Advisory
Commission of the NWT. An extensive number of written and oral questions were
directed to Ministers concerning subjects such as communication, constitutional
development, education, electric power, employment, mineral, oil and gas
exploration, health, highways, liquor, municipal affairs, police services,
taxation, transportation and wildlife.
William Remnant
Clerk
Legislative Assembly Northwest Territories
Quebec
The constitutional question dominated debate
in the National Assembly during the first part of the sixth session of the 31st
Legislature which opened on November 5, 1980. Reference to the disagreement
between Ontario and Quebec City was first made by Lieutenant Governor
Jean-Pierre Côté who pointed out in his opening statement that it was
"because of the alarming developments in the constitutional question"
that Members had been recalled to a new session. This same theme was taken up
by Prime Minister René Lévesque, in his inaugural speech. The Leader of the
Government stated that the situation was extremely urgent and serious in view
of the federal government's recent decision to impose constitutional changes
which would further centralize powers and lead to an unprecedented
subordination of the powers of provincial governments.
As soon as the Leader of the Official
Opposition, Claude Ryan, and the Parliamentary Leader of the Union Nationale,
Michel Le Moignan, had responded to his inaugural speech, Mr. Lévesque
introduced a motion condemning the unilateral action taken by the federal
government in this matter. After three weeks of heated debate during which
amendments and sub-amendments were introduced in an attempt to reach an
agreement on the wording of the motion, no consensus could be reached. The
motion was adopted by a majority of votes.
Members also began hearing testimony from
persons and groups wishing to express their views on the federal government's
proposed resolution respecting the Constitution of Canada. The Standing
Committee on the Presidency of the Council and on the Constitution conducted
hearings on this subject in December and further public hearings were held in
February.
New Civil Code and Family Law Reform
From a legislative standpoint, the most
important measure adopted before the Assembly adjourned for the holidays was
without a doubt Bill 89, An Act to establish a new Civil Code and to reform
family law.
The sanctioning of this Bill was the end
result of a lengthy process undertaken in 1955 at which time the Assembly
decided to entrust the general revision of the Civil Code of Lower Canada to a
jurist. In 1960, it was decided that his report would serve as a basis for
preparing the final draft of a new Civil Code. The report was tabled in the
National Assembly on June 20, 1978.
The Standing Committee on Justice devoted
seven sessions to studying this Bill following its adoption on second reading.
The unanimous consent of the Members was required to ensure third reading of
the Bill before adjournment since the Committee's report was also being
considered at the same sitting. The Opposition gave its consent when the
government promised not to enforce the new Civil Code before April 1, 1981.
Some twenty other government bills were
adopted, one of which sanctioned the merger of the Motor Vehicles Bureau and
the Quebec Automobile Insurance Board. A Bill to establish a new Highway Safety
Code was also given second reading. On December 19 the Assembly adjourned with
the new sitting scheduled for March 10, 1981.
New Speaker of the National Assembly
Mr. Claude Vaillancourt was elected speaker
of the National Assembly, several days after the official opening of the
session. Mr. Vaillancourt's official accession to the speakership was delayed
five days following the Opposition's insistence that, in accordance with
tradition all leaders of parties represented in the National Assembly be
consulted. Since a cabinet shuffle had taken place only a few hours before the
November 6 session, the Prime Minister had not informed Messrs. Ryan and Le
Moignan of his intention to propose the Member for Jonquière for President. He
apologized, explaining that he had not had time to consult with them in the
regular manner and that in any event, he did not foresee any opposition since
Mr. Vaillancourt was already Vice-President and had already received everyone's
support while serving in that capacity. However, it was not to be. The Premier
had to resign himself to waiting until the next sitting, Tuesday, November 11.
At that time Mr. Vaillancourt was elected speaker with the full support of the
House. Mr. Jean-Pierre Jolivet was elected Vice-President, joining Mrs. Louise
Cuerrier who has been serving in this capacity since 1976.
Paul-Emile Plouffe
Chief, Revision Service of Debates, Journals
Quebec National Assembly
Newfoundland
The second session of the Thirty-Eighth
General Assembly of Newfoundland was prorogued on 17 December, 1980, after
eighty sitting days.
During the November-December portion of the
Session, the House of Assembly passed the Upper Churchill Water Rights
Reversion Act, which has as its purpose the realization of vested rights by the
return of unencumbered ownership and control to the Province of the Upper
Churchill water rights. The aim of the act is to achieve fairness and equity in
the utilization of the Churchill Falls hydro resource.
The House also passed an act whereby a major
industrial electrical energy consumer will eventually pay twelve times as much
for its electricity as it does at present. The existing electricity rate has
already been tripled to eight mils per kilowatt hour from 2.5 mils. The company
involved is ERCO Industries Limited (formerly the Electric Reduction Company of
Canada, Limited), a subsidiary of Albright, Wilson Limited, a United Kingdom
company, which operates a phosphorus plant at Long Harbour, P.B. Under the
terms of an agreement signed in 1966 between ERCO and the Government of
Newfoundland, the cost of electrical energy to ERCO was heavily subsidized.
The national debate on constitutional reform
was thoroughly aired in the House of Assembly. Premier Brian Peckford placed
the following Resolution on the Order Paper:
whereas the proposed Constitutional
Resolution currently before the House of Commons and Senate of Canada will, if
implemented unilaterally adversely affect the rights of this Province as now
enshrined in our Terms of Union as agreed to with Canada in 1949,
and whereas the proposed Resolution does not
address the areas of shared fisheries jurisdiction, provincial ownership of
offshore oil and gas, and the free transmission of electrical energy across
neighbouring provinces which are vital to the development of this and other
provinces;
be it resolved that this House supports the
patriation of the Constitution of Canada but strenuously objects to the present
intent of' the Federal Government to unilaterally request the Government of the
United Kingdom to first cause the British North America Act to be altered and
in particular to have imposed a new amending formula;
be it further resolved that this House urges
the federal government to recognize the established Canadian practice of
determining internal Canadian relationships by consultation and agreement with
all Canadian governments and immediately reinstitute federal-provincial
constitutional discussions with the aim of altering the constitution to provide
amongst other things for recognition of shared jurisdiction in fisheries,
confirmation of provincial rights to offshore resources and confirmation of the
right to transmit hydro power across neighbouring provinces;
"be it further resolved that this House
urges the Parliament of' the United Kingdom not to enact amendments to the
British North America Act that effect federal-provincial relationships without
the federal government having first consulted with and obtained the agreement
of the provinces."
After extensive debate and two attempts at
amendment (the second was ruled out of order by Mr. Speaker Len Simms, the
Resolution was adopted on division with thirty Members voting in favour and
fourteen against.
Mr. Tom Rideout has been named Chairman of a
select committee to study resource management, especially in the area of non
renewable resources. The committee was established as the result of a Private
Member's Motion introduced by Mr. Rideout. The committee has a mandate to
report to the House on the advisability and feasibility, of the province
becoming a partner in the development of all non-renewable resources and on the
establishment of a Non-renewable Resource Fund to be funded by the industrial
exploiter. One of the chief purposes of such a fund would be to provide
financial relief to areas where non-renewable resources have been exhausted and
to help in attracting alternate industry.
The Public Accounts Committee met during the
adjournment in order to prepare its report to the House of Assembly which
reconvened on February 25.
|