Legislative Reports

the Electric System of Brian Fjeldheim as Chief Operator, a nonprofit body with Electoral Officer as recommended the responsibility of ensuring in the November 2009 report of that Alberta’s electricity the Select Special Chief Electoral system operates in the public Officer Search Committee. Mr. interest of all Albertans. The Fjeldheim had previously served opposition expressed a great as Chief Electoral Officer from deal of concern over the financial October 1998 to November 2005. Alberta impact the upgrades would On November 4, 2009, a have on Albertans. A reasoned motion to appoint a Select he Fall sitting of the Second amendment and the previous Special Auditor General Search th TSession of the 27 Legislature question were moved during Committee was passed by adjourned on December 9, Second Reading consideration. A the Assembly following the 2009, after 16 sitting days. At hoist amendment was also moved announcement by current the conclusion of the sitting, 16 during Third Reading. Auditor General Fred Dunn that Government Bills and one Private On November 2, 2009, he would be retiring February 15, Members’ Public Bill had been (ND, - 2010. passed by the Assembly. Highlands-Norwood) requested Wildrose Alliance Party Gains leave to move, pursuant to In the first week of the Fall Members sitting the Assembly debated a Standing Order 30, that the motion regarding the issue of ordinary business of the On January 4, 2009, Progressive Alberta Capital Bonds which Assembly be adjourned for an Conservative MLAs Rob would be used to support the emergency debate regarding Anderson (Airdrie-Chestermere) development of infrastructure the Government’s inadequate and (- projects and facilities. Capital preparations for the pandemic Fish Creek) announced they bonds were previously issued in H1N1 influenza program. would be crossing the floor to Alberta from 1987 to 1997. While Speaker ruled join the Wildrose Alliance. Mr. the motion did not come to a that the request for leave was Anderson was first elected to vote in the Assembly, there was a in order. He indicated that he the Assembly in March 2008 and wide ranging debate surrounding understood that many Albertans currently serves on the Standing Alberta’s current economic had questions with respect to this Committee on Public Safety picture and capital plan. matter and noted that a similar and Services and the Private debate was also being held in the Bills Committee. He was also A notable Bill passed during Canadian House of Commons a Parliamentary Assistant and the Fall sitting was Bill 50, Electric that same day. The last a member of the government’s Statutes Amendment Act, 2009. Standing Order 30 application to Treasury Board until his The Bill was introduced in June proceed in the Assembly was in membership was terminated. 2009 during the Spring sitting November 2007. of the Legislative Assembly and Ms Forsyth was first elected carried over to the Fall sitting. New Chief Electoral Officer in 1993 and is a former Cabinet The amendments to legislation and Auditor General Search Minister. She currently serves as contained in Bill 50 give the Committee Chair of the Standing Committee on the Alberta Heritage Savings government the authority On November 25, 2009, the to approve transmission Trust Fund and is a member Assembly passed a motion to of the Standing Committee on infrastructure projects based concur with the appointment on recommendations of Private Bills and the Standing

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 47 Committee on Privileges and Resource Development; Gene assignments directly from the Elections, Standing Orders and Zwozdesky, Minister of Health Minister and are supported by Printing. and Wellness; , ministry staff. They are: Greg The Wildrose Alliance Party Minister of Children and Youth Weadick, Advanced Education was formed in 2008 following Services; , Minister and Technology; Broyce the merger of the of Agriculture and Rural Jacobs, Agriculture and Rural and the Alberta Alliance. The Development; , Development; , Wildrose Alliance now has three Minister of Infrastructure; Hector Education; Teresa Woo-Paw, seats in the Assembly and are 1 Goudreau, Minister of Municipal Employment and Immigration; seat short of receiving recognized Affairs; and , Diana McQueen, Energy; party status. The Wildrose Minister of Aboriginal Relations. , Environment; Raj Alliance also has a new party Ministers maintaining their Sherman, Health and Wellness; Leader, , who previous portfolios include: , Municipal was chosen on October 17, 2009, , Minister of Affairs; , Seniors following the resignation of Paul Education; , and Community Supports; Evan Hinman (WA, Calgary-Glenmore) President of the Treasury Board; Berger, Sustainable Resource as Leader. Mr. Hinman had , Minister of Development; and Jeff Johnson, won a by election held on Transportation; , Treasury Board (Oil Sands September, 14, 2009 following Minister of Justice and Attorney Sustainable Development the resignation of , General; , Minister Secretariat). former Minister of International of Environment; Mary Anne Other Events and Intergovernmental Relations Jablonski, Minister of Seniors who was appointed to the and Community Supports; The Electoral Boundaries Court of Queen’s Bench after he , Minister of Commission will be submitting resigned his seat. Mr. Hinman Culture and Community Spirit; an interim report to the Speaker was the Assembly’s first Wildrose , Minister of of the Legislative Assembly in Alliance Member although he Service Alberta; and , February 2010 based on its first previously served from 2004 Minister of Tourism, Parks and round of public hearings which to 2008 as an Alberta Alliance Recreation. were held from mid-September to Member representing the October 2009. The Commission, , Minister which was appointed on July constituency of Cardston-Taber- of Advanced Education and Warner. 31, 2009, will conduct a second Technology also maintains his round of public hearings before The Progressive Conservative previous portfolio and has been submitting its final report by July caucus now holds 68 of the appointed as Deputy Premier and 2010. 83 seats in the Assembly, the Minister Liaison to the Canadian Liberal Official Opposition nine, Armed Forces. Mr. Hancock will On October 28, 2009, Speaker the Wildrose Alliance three, the serve as Political Minister for Kowalski unveiled a stained New Democrats two, with one Edmonton and Ms Redford as glass window commemorating independent Member. Political Minister for Calgary. the 2006 celebration of 100 Years of Democracy of the Legislative Cabinet Shuffle Members making their first Assembly of Alberta. The appearance in Premier Stelmach’s Premier announced window, located on the east wall Cabinet include: Frank Oberle, of the Chamber’s public gallery, a Cabinet shuffle on January 13, Solicitor General and Minister of 2010. The number of Cabinet was a gift from the City of Public Security; , Edmonton. Members remains at 24, including Minister of Housing and Urban the Premier. Affairs; and , Speaker Kowalski hosted a Returning Cabinet Ministers Minister of Employment and Remembrance Day service in with different portfolios include: Immigration. the rotunda of the Legislature Building on November 3, 2009. , Minister of Finance Eleven Parliamentary and Enterprise; , Premier Stelmach, , Assistants will continue to Leader of the Official Opposition, Minister of International and assist Ministers with their Intergovernmental Relations; Mel and Mr. Mason participated in departments’ responsibilities. the service. Knight, Minister of Sustainable These assistants receive their

48 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 On November 18, 2009, Gary Doer, now ’s motion included a number of Speaker Kowalski hosted the Ambassador to the United States. observations and commentaries official launch of Athabasca The address identified a range of on the government’s plans, University’s Graduate Diploma government commitments and including: Program in Legislative Drafting. proposals, including: • Failing to address the fact The Legislative Assembly of • Saying no to a harmonized that Winnipeg is the country’s Alberta was a participant in the sales tax (HST) due to murder capital, the child development of the program $400-million impact on poverty capital, and Manitoba Manitoba families. has the lowest GDP per capita along with the Commonwealth in the west; of Learning and Athabasca • Increasing stimulus spending • Failing to address the high University. Information on the by more than 50 per cent over the previous year, supporting taxes that Manitoba families program can be found at www. 1,500 projects and creating already pay under the current athabascau.ca/gdld. more than 12,000 direct and NDP Government; however 10,000 indirect jobs. the PC Caucus does support The Speaker hosted a some positive initiatives in ceremony recognizing the • Investing $545 million in roads the Throne Speech, including Muslim Festival of Eid-ul-Adha and 28 bridges in 2010. the NDP Government’s in the rotunda of the Legislature • Investing $310-million in decision to avoid increasing Building on December 2, 2009. the schools capital program taxes by refusing to move to for new schools and needed a harmonized sales tax in a Eid-ul-Adha, the second of the renovations. manner that would add to two major Muslim holidays, • Investing in capital projects at the already high taxes that means “Festival of Sacrifice” the University of Manitoba, Manitobans pay; and is celebrated by all Muslims University of Winnipeg, • That instead of using the worldwide. Brandon University, Collège last decade of general global universitaire de Saint-Boniface, economic prosperity to move Spring Sitting University College of the our province forward, the NDP North, Assiniboine Community Government has squandered The Spring sitting of the Third College and Red River College. an opportunity to make Session of the 27th Legislature • Committing to proceed on Manitoba a Have Province, and commenced on February 4, 2010, important health capital has instead left a legacy of debt with the Speech from the Throne. projects such as: for Manitobans; ◦◦ building a new women’s • That the speech reinforces Micheline S. Gravel hospital at the Health the government’s lack of Clerk of Journals/Table Research Science Centre site, understanding of Manitoba’s agriculture sector; ◦◦ building a new birthing centre for the south end of • Failing to put forward a plan to Winnipeg, provide timely access to health ◦◦ building a new cancer care for all Manitobans, to centre for Brandon and the address the closure of 17 rural Westman Lab in Brandon, emergency rooms, to bring back more than 1500 doctors • Introducing new legislative who have left Manitoba since tools to stop gangs the NDP Government took • Providing tools to help parents office, and to shorten long prevent teens from getting wait times that threaten the involved in gangs. health and well being of all Manitoba • Instituting methane capture at Manitobans; and Manitoba’s large landfills. • Failing to acknowledge the he Fourth session of the • Investing in a buy local lack of accountability at T39th Legislature began program to support quality many of Manitoba’s Crown on November 30, 2009 with Manitoba food. Corporations and failure to put an end to wasteful, costly the presentation of the NDP • Providing support for projects like the NDP-directed government’s 13th Speech municipalities on water and west side Bipole line and the from the Throne. Delivered by waste-water projects. NDP Government’s Enhanced Lieutenant-Governor Phillip Official Opposition Leader Driver License initiative. Lee, the speech was the first since Hugh McFadyen’s non- In his sub-amendment to Mr. Premier Greg Selinger assumed confidence amendment McFadyen’s amendment the the office from retiring Premier to the Address in Reply Independent Liberal Member,

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 49 Jon Gerrard identified a number introduced and passed in the of additional faults with the House during this pre-Christmas government’s performance, session. Bill 2 – The Legislative including: Assembly Amendment and • Failing to address the chronic Legislative Assembly Management shortage of child-care workers Commission Amendment Act, who enter into the field of amended these acts in order to Newfoundland and early childhood education and implement the Auditor General’s Labrador remain in the industry long- term and how this shortage of recommendations. n November 27, 2009, Sandy qualified workers is negatively The opposition raised several OCollins, representing the impacting access to child care Matters of Urgent Public Progressive Conservative Party, for Manitoba families; Importance during the December was elected in the bye-election • Failing to address the issue session. While Speaker George in the District of Terra Nova, of spending hundreds of millions of taxpayers’ dollars to Hickes ruled that none of the seat vacated by Paul Oram, unnecessarily remove nitrogen these matters met the criteria former Minister of Health. The from the city of Winnipeg’s of urgency required under our other candidates were John Baird, municipal sewage and how rules, the House did consent to representing the Liberal Party this money would have limited M.U.P.I. debates on a and Robin Brentnall representing been better directed towards assisting municipalities remove number of issues, including: the . Mr. phosphorus from municipal • Concern about the spread of Collins was sworn and took his lagoons located outside of the H1N1 flu in Manitoba seat in the House on December city of Winnipeg; • Greyhound Canada cancelling 14th. • Failing to identify that the all passenger services in The same day Premier Danny prevention of diabetes and Manitoba FASD are integral to the success Williams announced changes to • The lockout of workers at the Cabinet: Thomas Hedderson, and financial manageability of Tembec paper mill Manitoba’s health-care system; formerly Minister of Fisheries and • Problems with algal growth in and Aquaculture was appointed Lake Winnipeg and Killarney • Failing to mention of the Lake Minister of Transportation extreme erosion that’s and Works. Clyde Jackman, occurring along the shores The House sat until December formerly Minister of Tourism, of Lake Winnipeg, and that 15, 2009 before recessing for the Culture and Recreation was a major highway is only feet Holidays. The session extended away from being washed out appointed Minister of Fisheries and isolating the community of for three extra days under a and Aquaculture and Terry Sagkeeng. provision in our Rules which French, Member for Conception allows the House to sit past Following the defeat on Bay South was appointed Thursday of the first full week December 9, 2009 of Mr. Minister of Tourism, Culture and in December in extraordinary Gerrard’s sub-amendment on Recreation. Two Parliamentary circumstances. Under the terms a vote of yeas 18, nays 32; and Secretaries were appointed as of a Sessional Order adopted on the defeat of Mr. McFadyen’s well: Keith Hutchings, Member December 14, 2009, the session amendment on December 14 by for Ferryland, to the Minister of will resume on March 23, 2010. a vote of yeas 19, nays 32; on Health and Community Services The Sessional Order also specifies December 15 the main motion and Wallace Young, Member dates for the completion of carried on a vote of yeas 30, nays for St. Barbe, to the Minister Interim Supply, Main and Capital 18. of Innovation, Trade and Rural Supply, and sets an end date for Development. Auditor General Carol the spring session of June 17, Bellringer’s 2009 Report to 2010. Second Session, 46th General the Legislative Assembly on Assembly the Audits of Government Rick Yarish The Second Session of the 46th Operations contained Clerk Assistant/ General Assembly re-convened recommendations regarding Clerk of Committees on November 30th with the allowances paid to members of newly-elected Member for the Legislative Assembly. In The Straits – White Bay North, response to this report a Bill was

50 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 Marshall Dean, taking his seat Accountability, Integrity And counts of accepting rewards for the first time. Administration Act similarly to for consideration in connection Bill 53 amends the Act to give with business relating to the Darryl Kelly, MHA for effect to a recommendation of government of Newfoundland Humber Valley was appointed the Members’ Compensation and Labrador. The Crown and Deputy Chair of Committees on Review Committee. The Bill, inter Defence are recommending a December 7th, replacing Felix alia, freezes MHA salaries as of sentence of two years in jail, Collins, Member for Placentia June 30 until the next Review two years’ probation and that - St. Mary’s who had been Committee is appointed. Mr. Murray be ordered to appointed Minister of Justice and pay $177,000.00 restitution. Attorney General. The House is expected convene in mid-March for the prorogation Sentencing will take place on The House adjourned sine die of the Second Session of the 46th February 22nd. on December 22nd having passed General Assembly and opening of 23 Bills, among them two Bills Other Matters the Third Session. relating to Labrador Land On December 14th Speaker Claims: An Act To Amend The Spending Scandal Sequelae Roger Fitzgerald tabled the House Of Assembly Accountability, Former MHA Wally Andersen, report of Justice John J. O’Neill Integrity and Administration who had pleaded guily to charges entitled Independent Review and Act and An Act To Amend The of uttering forged documents and Evaluation of the Actions of Fraser Members Of The House Of Assembly breach of trust, was sentenced March with Respect to the Decision Retiring Pensions Act. on October 2 to 15 months for to Remove him from the Office of Bill 46, An Act To Amend forgery and nine months for the Citizens’ Representative. The The Labrador Inuit Land Claims breach of trust, the sentences to Citizens’ Representative had been Agreement Act amends the be served concurrently. removed following the adoption Labrador Inuit Land Claims of a Resolution of the House in Former MHA Jim Walsh was Agreement Act to incorporate December of 2006 as a result of found guilty of two of three changes made to the Labrador concerns raised by the Auditor counts with which he had been Inuit Land Claims Agreement General relating to the operation charged in August 2007: fraud of 2005 to include the list of of the Office of the Citizens’ over $5,000 and breach of trust. beneficiaries who may harvest on Representative. The review There was insufficient evidence the Labrador Inuit lands and to concluded that Mr. March’s for a finding of guilt on the set out the final capital transfer removal had been justified. third charge, fraud against the schedule and the final loan government. Mr. Walsh was On December 22nd, the House repayment schedule. sentenced to 22 months on of Assembly, by Resolution Bill 47 amends the Labrador January 6th. recommended removal from Inuit Land Claims Agreement Act office for misconduct of the Child Former MHA Randy Collins to incorporate an agreement and Youth Advocate, Darlene pleaded guilty to two of four respecting the Nunavik Inuit/ Neville. Ms. Neville had been charges laid in the spending Labrador Inuit Overlap Area. suspended by the Lieutenant scandal which was reported on Governor in Council in August Bill 53 An Act To Amend by the Auditor General in 2006. because of concerns relating to The Members of the House of Mr. Collins was sentenced to 21 the operations of her office. Assembly Retiring Allowances Act months on a charge of fraud over amends the Act in accordance $5,000 and 18 months on a charge On February 5, 2010, Elizabeth with recommendations of the of fraud against the government, Marshall resigned her seat Members’ Compensation Review the sentences to be served having been named to the Senate Committee. The Bill introduces concurrently. by Prime Minister Stephen new eligibility criteria for the Harper. Former Director of Financial MHA pension plan for a Member Operations of the House of who is first elected to the House Elizabeth Murphy Assembly, William Murray, of Assembly after December 31, Clerk Assistant pleaded guilty on January 26th 2009. to four charges in connection Bill 54 An Act To Amend with the spending scandal: The House Of Assembly fraud over $5000, and three

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 51 The legislation establishes report had been tabled by the the Order of . The Speaker on November 26, 2009. objective of the Order is to The motion, which was seconded recognize individuals who have by MLA Keith Nunavut made outstanding contributions Peterson, was carried by a vote of to the cultural, social or eleven to three. Subsequent to the he 2nd Session of the 3rd economic well-being of the passage of the motion, Mr. Okalik TLegislative Assembly territory. The Commissioner delivered a formal apology in the of Nunavut reconvened on of Nunavut is the Chancellor House. November 24, 2009. Eleven bills of the Order. The Order of On December 4, 2009, Mr. were passed by the Legislative Nunavut Advisory Council Okalik moved a motion that Assembly during its fall sitting: will make recommendations to called upon the Government of the Commissioner for persons Canada to work with Nunavut, • Bill 3, Western Canada Lottery to be invested into the Order. the Northwest Territories and the Act; The Council is chaired by the to renew the Territorial • Bill 6, Supplementary Speaker of the Legislative Health System Sustainability Appropriation (Operations and Assembly. Its other members Initiative. The motion, which was Maintenance) Act, No. 5, 2007- are the Senior Judge of the seconded by Minister of Health 2008; Nunavut Court of Justice and the and Social Services and Rankin • Bill 7, Supplementary President of Nunavut Tunngavik Inlet North MLA Tagak Curley, Appropriation (Operations and Incorporated. The Clerk of the was passed without opposition. Maintenance) Act, No. 4, 2008- Legislative Assembly will serve 2009; as Secretary to the Council. The proceedings of the • Bill 8, Appropriation (Capital) Committee of the Whole Act, 2010-2011; A number of substantive during the fall sitting of the • Bill 9, Supplementary motions were passed during House were dominated by the Appropriation (Operations and the fall sitting of the House. scrutiny of the Government of Maintenance) Act, No. 1, 2009- On November 26, 2009, South Nunavut’s 2010-2011 capital 2010; Baffin MLA Fred Schell was estimates. On December 1, 2009, • Bill 10, Supplementary appointed a Deputy Chairperson Mr. Okalik moved a motion Appropriation (Capital) Act, No. of the Committee of the Whole, 2, 2009-2010; to delete $300,000 from the following the resignation of proposed capital estimates of • Bill 11, The Order of Nunavut MLA Enuk Pauloosie Act; the Department of Justice. The from the position. funding had been proposed for • Bill 12, Northern Employee Benefits Services Pension Plan On November 27, 2009, a capital project to begin the Protection Act; Akulliq MLA John Ningark replacement of a correctional • Bill 13, An Act to Amend the moved a motion to censure facility in Iqaluit. Subsequent Retirement Plan Beneficiaries Act; Pangnirtung MLA Adamee to the approval of this motion, • Bill 18, Language Statutes Komoartok for his conduct in which was carried by a vote of Amendment Act; and relation to an incident for which nine to eight, Finance Minister • Bill 19, An Act to Amend the Mr. Komoartok had formally Keith Peterson moved motions Child and Family Services Act. apologized in the House earlier to increase the 2010-2011 capital in the day. The motion, which estimates of Nunavut Arctic Bill 11, which was introduced was seconded by College. These motions were by Iqaluit West MLA Paul MLA Peter Taptuna, was passed passed without opposition. Okalik, was the first Private without opposition. Member’s Bill to have been On December 7, 2009, Speaker considered by the Legislative On November 30, 2009, tabled a copy Assembly. The motions for first Iqaluit Centre MLA Hunter of the joint presentation to the and second readings of the Bill Tootoo moved a motion to Canadian Radio-television and were seconded by Quttiktuq accept the report of the Integrity Telecommunications Commission MLA Ron Elliott. The Bill passed (CRTC) that he and Speaker without opposition. The Order of regarding the conduct of Mr. of the Legislative Assembly of Nunavut Act came into force on Okalik in relation to the 2008 the Northwest Territories Paul January 1, 2010. territorial general election. The Delorey had delivered together

52 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 on November 23, 2009. The management recommendations Noteworthy Appointments presentation concerned the contained in the Auditor On December 11, 2009, the federal televised broadcasting of the General’s 2005 report to the Minister of Justice announced the proceedings of the Nunavut Legislative Assembly. appointment of Susan Cooper to and Northwest Territories The hearings took place in serve as a Judge of the Nunavut legislatures. the Chamber of the Legislative Court of Justice. Prior to her On December 8, 2009, Speaker Assembly. Witnesses from appointment, Madame Justice Arreak tabled the final report of the Government of Nunavut’s Cooper had been serving as the the Independent Commission to Department of Finance and Legislative Assembly’s Law Clerk Review Members’ Indemnities, Department of Health and and Parliamentary Counsel since Allowances, Expenses and Social Services also appeared 1999. Benefits. before the Committee to On January 15, 2010, the respond to Members’ questions The 2nd Session of the 3rd federal Minister of Indian and concerning the observations and Legislative Assembly will Northern Affairs announced the recommendations in the Auditor reconvene on March 4, 2010. It is appointment of Ms. Nellie T. General’s report. anticipated that the proceedings Kusugak of Rankin Inlet to the of the Committee of the Whole On October 1, 2009, the position of Deputy Commissioner during the winter sitting will be Information and Privacy of Nunavut. Ms. Kusugak is dominated by the scrutiny of Commissioner of Nunavut, an Instructor in Language and the Government of Nunavut’s Elaine Keenan Bengts, appeared Culture at Nunavut Arctic 2010-2011 main estimates and before the Standing Committee College’s Kivalliq campus. departmental business plans, to present her most recent report which will follow Finance to the Legislative Assembly. Alex Baldwin Minister Keith Peterson’s On December 2, 2009, Standing Office of the Legislative introduction of the Government Committee Chairperson Assembly of Nunavut of Nunavut’s 2010 Budget. James Arvaluk presented the Committee’s own report to Committee and Caucus the House on this hearing. Activities The Committee requested that On September 29, 2009, Auditor the Government, pursuant to General of Canada Sheila Fraser Rule 91(5) of the Rules of the made her eighth appearance Legislative Assembly of Nunavut, before a Standing Committee provide a comprehensive written of the Legislative Assembly of response to the Committee’s Nunavut on the occasion of the report within 120 days. consideration of her 2009 reports The Legislative Assembly’s to the Legislative Assembly. Full Caucus, which consists of The Standing Committee on all nineteen MLAs, gathered in Oversight of Government he fall sitting concluded on Iqaluit from October 20-23, 2009, Operations and Public Accounts Thursday December 3, 2009. to review the findings of the T (OGOPA) held two days of During the fall period of the Qanukkanniq Report Card and to hearings on the Auditor General’s session, 39 government bills and identify priority areas of action to reports. five Private Members’ Public implement the Tamapta: Building Bills were introduced, Bill 80 – The first report focused on the our Future Together mandate The Construction Industry Labour financial management practices statement, which was tabled Relations Amendment Act was of the Department of Health and in the Legislative Assembly by reinstated and supplementary Social Services. This report had Premier on April 1, estimates were tabled. been undertaken at the request 2009. On October 26, 2009, of the previous Legislative Caucus released a communiqué The Lieutenant Governor, Assembly. The second report on its deliberations. Premier Dr. Gordon Barnhart gave royal examined the Government of Aariak subsequently tabled the assent to three bills. Nunavut’s overall progress Tamapta Action Plan on December • Bill 99 - The Emergency in addressing the financial 7, 2009. 911 System Amendment Act

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 53 integrates the Provincial Public withdrew the inappropriate to report back the supplementary Safety Telecommunications remarks. The Speaker found that estimates that were required Network into the Sask911. the threatening comments were for the Standing Committee on • Bill 116 - The Traffic Safety contemptuous. However, given Crown and Central Agencies to (Driver’s Licences and Hand- that the Minister had apologized, conduct its inquiry. held Electronic Communications Equipment) Amendment Act the Speaker ruled that the updates the existing driver’s apology ended the matter. He did Stacey Ursulescu licence provisions making it remind Members that if there had Committee Researcher illegal to talk, text , surf or been no apology given, he would access the internet on a hand- have had no other choice but to held device while driving. Anyone found breaching the find a prima facie case of privilege. law could be subject to a $280 Government House Leaders fine and/or four demerit points against their licence. After the conclusion of the • Bill 606 – The Protection of the fall sitting, Premier Brad Wall Wild Ponies of Bronson Forest Act appointed Cannington MLA makes it illegal for any person Dan D’Autremont as the new to interfere with, hurt, molest, capture or kill these ponies. Government House Leader and Any person found guilty of Jeremy Harrison as Deputy such an offence will be subject Government House Leader. he First Session of the 39th to a fine, imprisonment or both. TParliament adjourned on Committee Activity Thursday, December 10, 2009. Privilege The Standing Committee on Prior to the winter adjournment, On Tuesday November 3, the Crown and Central Agencies the Legislature passed a number Opposition House Leader, tabled an interim report of important bills including Bill Kevin Yates, raised a question highlighting themes that 218, An Act to implement 2009 of Privilege. Mr. Yates alleged emerged during public hearings Budget measures and to enact, that the Minister of Public Safety, on Saskatchewan’s energy amend or repeal various Acts. Corrections and Policing, Yogi needs. During January 2010, The bill will enable Ontario to Huyghebaert, was attempting the Committee resumed its harmonize its provincial sales to mislead the House. The inquiry and held hearings in tax with the federal goods and Minister indicated that he had , Prince Albert, services tax on July 1, 2010 in a no knowledge of a dangerous Saskatoon, Yorkton, Estevan and previously negotiated agreement sex offender being at large. Regina. The Committee received between the Province and the When provided with further an additional 31 presentations Federal Government. This information of the specific case, and 18 written submissions. A taxation measure was initially the Minister corrected the record. final report is expected to be announced in the 2009 Ontario Speaker Don Toth, outlined the tabled during the spring before Budget and once implemented; evidence and concluded that the the Assembly adjourns for the the authority to collect the sales Opposition House Leader had summer. tax would no longer reside in not provided sufficient evidence provincial legislation. Bill 218 The Standing Committee to find a prima facie case of generated fierce debates in on Human Services conducted contempt. the Legislative Assembly with public hearings on Bill 80 - The repeated demands from the two Two days later, the Opposition Construction Industry Labour opposition parties for extensive House Leader, raised another Relations Amendment Act. A public consultations. At times, question of Privilege. He claimed substantive report is expected to the proceedings of the House fell the Minister of Corrections, be tabled in the coming months. Public Safety and Policing into grave disorder and resulted Supplementary estimates made remarks in the Assembly in the Official Opposition Party tabled on November 19, 2009 that were perceived as a threat walking out during a Question were deemed referred to the and discouraged him from Period, the suspension of two Standing Committees. The performing his duties and Official Opposition Members Standing Committee on House exercising his freedom of speech. from the service of the House Services was the only committee The Minister apologized and for the remainder of the session

54 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 when they refused to leave the approaches. This bill was reported were held on Bill 204, An Act to Chamber after being named by back to the House for Third protect animal health and to amend the Speaker, and the filing of Reading debate with certain and repeal other Acts; and Bill 210, some 500,000 amendments in the amendments. The Committee An Act to protect foreign nationals Standing Committee on Finance also held hearings on Bill 187, employed as live-in caregivers and in and Economic Affairs when the An Act to amend the Technical other prescribed employment and to bill was referred to the committee Standards and Safety Act 2000 and amend the Employment Standards for consideration. the Safety and Consumer Statues Act, 2000. The proceedings for Another topic that dominated Administration Act, 1996. This these two bills were also time- much of the fall session was the time-allocated bill was reported allocated at the committee stage special report of the Auditor back without any changes. and both bills were reported back General on Ontario’s Electronic The Standing Committee on to the Legislature as amended Health Records Initiative. This Justice Policy also considered prior to the end of the fall session. audit was tabled by the Auditor two government bills, the first The Standing Committee on in October at the request of the one was Bill 203, An Act to allow Finance and Economic Affairs Minister of Health and Long- for better policing co-operation dealt with Bill 218 but after just Term Care and the Standing with other Canadian provinces and over 8 hours of consideration Committee on Public Accounts territories and to make consequential of the thousands of filed instead of the usual year-end amendments to the Police Services amendments, the Committee was reporting in December. Act, which was reported adjourned for a lack of quorum In November 2009, George back to the House with some and pursuant to a time-allocation Smitherman, Minister of Energy amendments following public motion, the bill was deemed to and Infrastructure resigned hearings and clause-by-clause be passed by the Committee and from the Executive Council and study. The other bill was Bill 175, deemed reported and received in January 2010, Jim Watson, An Act to enhance labour mobility by the House the next day. Bill Minister of Municipal Affairs and between Ontario and other Canadian 218 received Royal Assent on Housing followed suit. The two provinces and territories. The December 15, 2009. In January ministers resigned from Cabinet proceedings for the second bill 2010, the Finance Committee will to run for mayor of the cities of were time allocated in committee commence its annual Pre-Budget Toronto and respectively, and on December 8, 2009, the consultations by travelling to which prompted a much Chair reported the bill with Niagara Falls, London, Dryden, anticipated cabinet shuffle by certain amendments. North Bay and Kingston before the Premier on January 18, 2010. The Standing Committee on concluding its hearings in Mr. Smitherman subsequently Social Policy held public hearings Toronto. resigned as Member of Provincial to examine Bill 168, An Act to Parliament for Toronto Centre on amend the Occupational Health and Katch Koch January 3, 2010 and a by-election Safety Act with respect to violence Committee Clerk was called for February 4, 2010. and harassment in the workplace and other matters; and Bill 177, Committee Activities An Act to amend the Education Act All legislative committees, with respect to student achievement, in particular the policy-field school board governance and certain committees, were very busy other matters. Both bills were during the second half of amended before being reported the fall session dealing with back to the House for passage. government legislation. The The Standing Committee Standing Committee on General on the Legislative Assembly, Government considered Bill 185, which normally deals with he Fourth Session of the An Act to amend the Environmental issues relating to the rules and 56th Legislative Assembly Protection Act with respect to T operations of the House and its opened on November 17, 2009, greenhouse gas emissions trading committees, also had government and adjourned on December 18, and other economic and financial legislations referred to it for after sitting a total of 20 days. instruments and market-based consideration. Public hearings The agenda of the House for

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 55 the Fall sitting was devoted to Community Colleges Act to create by Saint John East MLA Roly debate on the Throne Speech, the learning opportunities that are MacIntyre, and seconded by budget, legislation and private more responsive to community Restigouche-la-Vallée MLA Burt members’ resolutions. The topic and labour market needs; two Paulin, passed on November 27. that dominated most debates and community college systems Budget Oral Question periods was the independent from government; proposed sale of NB Power to pay equity adjustments for child On December 1 Finance Minister Hydro-Québec. care, home support, nursing delivered his first home, and transition house budget address. The main Throne Speech workers; the first component components of the budget The Throne Speech, delivered of a one-patient, one-record were a two-year investment for the first time by Lieutenant- health-care system; and a New in infrastructure approaching Governor Graydon Nicholas, Brunswick Shared Services Agency $1.6 billion; the second phase focussed on the central themes of Act to provide common services of The Plan for Lower Taxes in lowering energy rates, reducing essential to the functioning of New Brunswick; and major poverty while empowering government. investments in health care and creating jobs for people, In responding to the Throne ($2.46 billion), education ($995 enhancing health and senior Speech, Official Opposition million) and social development care, promoting literacy, and Leader focussed ($986 million). The 2010-11 positioning the province for on the proposed energy budget contained spending of significant economic growth in agreement between Hydro- approximately $7.9 billion with the future. Québec and NB Power. The a deficit of $748 million. The A main component of the Opposition Leader characterized budget also contained a plan Speech was the proposed energy the plan as “ill-conceived” and to resume delivering balanced agreement between Hydro- stated that if the deal is finalized, budgets by 2014-15. Québec and NB Power for low “the negative ramifications Among the highlights: funding and more predictable electricity will haunt the citizens of our to public universities for costs rates. Under the agreement, province for generations to of tuition freeze; approximately Hydro-Québec would acquire come, starting sooner than $15 million in poverty reduction most of the assets of NB Power most think and lasting longer initiatives; a five-year plan to for an amount equivalent to than most can imagine.” He invest approximately $400 million NB Power’s debt, $4.75 billion. further submitted that “the in nursing home infrastructure; In return residential rates long-standing democratic $30 million in northern New would be frozen for five years, right of the people of New Brunswick infrastructure and industrial rates would be Brunswick to control all aspects initiatives and economic substantially lowered. of production, transmission, and development funds; $64.9 million Among the other initiatives: sale of electrical power in our for health care-related capital a new Early Learning and Child province will be forfeited if NB construction projects; $423.4 Care Act to help children get the Power is sold to the Government million in transportation-related best start in life; an Economic and of Quebec.” The Opposition infrastructure; $30.7 million for Social Inclusion Act to facilitate Leader noted that Premier Shawn the NBCC Saint John campus; community-based collaboration; Graham had stated, as part of $9.6 million for a new NBCC an 80% increase to social his election platform, that he campus; $44.1 assistance for individuals living would not sell NB Power. Mr. million for new K-8 schools to on less than $300 per month; Alward called on the Premier be built under a public-private a new universally affordable to either delay the agreement partnership model; and the prescription drug plan; a until after the September 2010 second stage of the plan for lower three year extension of health provincial election, or allow New taxes to provide $258 million in benefits for people leaving Brunswickers to vote before the estimated savings for individuals social assistance for work; agreement is finalized. and businesses. increases to the minimum wage Following five days of debate, In his response to the budget to equal the Atlantic average by the Address in Reply to the address, Official Opposition September 2011; a New Brunswick Speech from the Throne, moved Finance Critic

56 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 characterized the budget as an heritage places; and expanding manner. The second point of “election budget” and criticised the scope of municipal authority privilege, raised by Tourism and government for the projected to create heritage bylaws. Parks Minister , deficit. He stated that the budget Bill 8, Prescription Monitoring concerned statements made by “represents the highest deficit Act, introduced by Health Opposition Leader Alward and in the province’s history. It is Minister , allows Saint John Portland MLA Trevor an $8 billion budget, with no health care providers to share a Holder, outside the House, which expectation to get out of the red patient’s monitored drug history cast doubt on the impartiality until 2014. That is an extension of to promote the best prescribing of the Deputy Speaker. The two years from this government’s and dispensing practices and allegations of bias were published previous projection. This is enable the early identification of in several provincial newspapers. irresponsible and reckless, but individuals at risk for addiction. Although Speaker Roy Boudreau what is especially distressing is Bill 20, An Act to Amend the found that there was a prima that it shows no effort whatsoever Workers’ Compensation Act, facie case of privilege in both to deal with this record debt.” introduced by Post-Secondary instances, following apologies He further submitted that Education, Training and Labour to the House by the Members “part of the reason this budget Minister , involved, the matters were is disappointing is that it is exempts the three-day wait withdrawn. yet another example of this requirement for police officers Petitions government working in isolation. and firefighters who are injured This government is out of during an emergency response. The proposed sale of NB Power touch with the people it was has drastically increased the The Official Opposition number of petitions presented elected to serve. The Graham introduced five bills during the Government fails to understand in the House. As of January 29, Fall sitting. Of note, Bill 11, NB 166 petitions have been tabled, a that, while everyone loves to Power Referendum Act, introduced see activity, things being built, large proportion of which are in by the Leader of the Official opposition to the sale. and people working, it is even Opposition, Mr. Alward, requires more important that this be that any sale of NB Power be Committee Work done within responsible fiscal subject to a referendum. Bill 25, restraints.” On January 19 the Standing An Act to Amend the Motor Vehicle Committees on Public Accounts Legislation Act, also introduced by Mr. and Crown Corporations met Alward, extends the suspension in a special joint session to The government, under of licence penalty from one to five Premier Graham, introduced receive and review the Report days for drivers who register a of the Auditor General of New twenty-one bills during the warning level on a sobriety test. Fall sitting. In particular, Bill Brunswick, 2009, Volume 1. 5, An Act Respecting Small Points of Privilege The report was in response to Claims, introduced by Justice a request by the Minister of During the Fall sitting two Finance that the Auditor General and Consumer Affairs Minister points of privilege were raised. Michael Murphy, elevates the report to the Legislature on the The first, raised by Social sequence of events that led to the amount that can be claimed in Development Minister Kelly Small Claims Court to $30,000. government’s intervention in la Lamrock, concerned the actions Caisse populaire de Shippagan. Bill 7, Heritage Conservation of Dieppe Centre-Lewisville Act, introduced by Wellness, During the joint session, the MLA Cy LeBlanc, as Deputy Auditor General briefed Members Culture and Sport Minister Speaker Bill Fraser was escorted Hédard Albert, modernizes on the contents and findings of from the Chamber following the report. the legislation governing the the adjournment of the House. conservation of heritage by During the procession, the Cabinet strengthening the province’s Deputy Speaker heard egregious ability to conserve heritage sites On January 4 Attorney General remarks coming from the and Justice and Consumer and objects; creating tools to Member, which he felt were help conserve fossil and burial Affairs Minister Michael directed toward him personally Murphy resigned as Minister sites; providing opportunities for in an intimidating tone and public input when designating and Government House Leader

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 57 and indicated he will resign as began in mid October reconvened Legislative Assembly to conduct the MLA for Moncton North on January 27, 2010 for the six- an extensive review of the Child in several weeks. First elected week budget session. and Family Services Act. The in 2003, Mr. Murphy served as Bills that received assent in Child and Family Services Act Opposition Finance Critic. In the fall included Bill 1: An Act to was first introduced in 1998 and 2006 he was re-elected and sworn Amend the Petroleum Products Tax although minor changes to the in as Minister of Health. He was Act, which replaced the defined Act have been effected over the appointed to his last portfolio in term “motor vehicle” with years, the Assembly identified 2009. the new defined term “mobile a strong need to undertake Local Government Minister machine”, and provided for a comprehensive review of Bernard LeBlanc succeeded Mr. application and commencement the governing legislation and Murphy as Minister of Justice matters. associated program delivery. and Consumer Affairs. Social The Committee will be holding Bills that are currently under public meetings throughout the Development Minister Kelly consideration include Bill 2: Lamrock assumed additional Northwest Territories in April Forgiveness of Debts Act, 2009- 2010 to consult with individuals, duties as Attorney General and 2010, which authorizes the Finance Minister Greg Byrne communities and stakeholders. forgiveness of debts owed to the The Committee plans to table became Government House Government and public agencies. Leader. Moncton East MLA its final report on the Review of Also under consideration is Bill the Child and Family Services Act Chris Collins was sworn in as 4: An Act to Amend the Child and Minister of Local Government during the 2010 fall session of the Family Services Act, which makes 16th Assembly. on January 12. Post-Secondary minor changes to the Act and is Education, Training and Labour separate from a major review of New Initiatives Minister Donald Arseneault the Child and Family Services Act was appointed deputy The Speaker of the Legislative which is now underway. Bill Assembly, Paul Delorey, Government House Leader and 7: An Act to Amend the Summary Restigouche-la-Vallée MLA Burt has introduced a number of Conviction Procedures Act, which initiatives to the Legislative Paulin replaced Mr. Collins as provides that a justice may enter Government Whip. Assembly in an effort to “lead a conviction and impose the by example”. One of these Resumption of Session and specified penalty when a person initiatives was to “drop the pop” House Standings fails to pay or appear is also in in the Legislature. As of June 1, the mix. The maximum fine for 2009, the Legislative Assembly The House resumed sitting on failing to appear is increased, January 12, 2010. The agenda building has discontinued sales and other minor amendments are of bottled water and soft drinks. has been devoted to examining made. the budget and departmental Various schools in the NWT have estimates in Committee of Bills that are still before been working on “dropping Supply. The current standings in standing committees include Bill the pop” in classrooms to the House are 33 Liberals and 22 3: Medical Profession Act, which help students lead a healthier Progressive Conservatives. modernizes the processes for lifestyle, and the Legislative the registration and discipline Assembly has followed suit. Shayne Davies of medical practitioners in the Another environmentally- Clerk Assistant & Committee Clerk Northwest Territories, as well friendly undertaking was the as Bill 5: An Act to Amend the paper reduction strategy. The Commissioner’s Land Act, which Legislative Assembly has requires posting of security on a reduced its paper consumption lease of Commissioner’s land for by 25% in the last two years. The a commercial or industrial use. Assembly website is now being used as an information platform Committee Activities Northwest Territories and access point for House The Standing Committee documents. Operational staff no he Fourth Session of the 16th on Social Programs, chaired longer need as many copies of TLegislative Assembly of the by Tom Beaulieu, MLA Tu House documents in paper form Northwest Territories which Nedhe, has been tasked by the and the Legislative Assembly

58 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 website now contains tabled disposition report of a sole should ... call a Public Inquiry documents, ministers’ statements adjudicator found that although into the transfer of detainees in and motions as well as bills, a breach of the conflict of interest Canadian custody to Afghan news releases, and the Orders rules did occur, it was a result authorities from 2001 to 2009”. of the Day. In keeping with of an error of judgement by the The motion was adopted on a the theme that it is “easy being Premier made in good faith. The recorded division of 145 to 129. green”, a wood pellet boiler is complaint was dismissed and On December 10, the seventh being installed in the Legislative the House voted to accept the and final allotted day of the Assembly building in the summer recommendations. supply period, the Liberal of 2010 to reduce the Assembly’s opposition day motion ordered carbon footprint. Biomass in the Danielle O’Neill that the government produce all form of wood pellets is currently Public Affairs and documents relevant to the issue of Communications Advisor the most feasible alternative to the transfer of Afghan detainees fossil fuels for the heating of “in their original and uncensored large buildings in the NWT. The form”. In response to objections Speaker is taking a leadership to the motion, the Speaker ruled role in advancing these initiatives it admissible because a request and related efforts will follow in for documents “is something that the coming years. could reasonably be requested Elders Parliament House of Commons on a supply day”. The motion, as amended, was adopted on a The Speaker of the Legislative recorded division of 146 to 143. Assembly was also pleased to he second session of the 40th introduce an outreach program TParliament was prorogued by Pursuant to the order made on designed to allow elders to proclamation on December 30, June 19, 2009, the Speaker tabled voice concerns on issues that 2009 until March 3, 2010. on November 25, 2009 a proposed formula for the distribution affect them, and to showcase Supply our unique form of consensus of allotted days for 2010. On government. Building upon On December 1, 2009, the November 26, it was agreed by the success of the Assembly’s Minister of Finance, , unanimous consent that Standing Youth Parliament program, one tabled with the Clerk of the Order 81(10) be amended to elder will be chosen from each House of Commons “Canada’s allow for at least one and no of the 19 constituencies through Economic Action Plan — A more than two opposition days an application process. Once Fourth Report to Canadians”, to be held in each ten sitting day participants are chosen, they pursuant to the Order made period. on Tuesday, February 3, 2009. will convene in Yellowknife Legislation where they will meet their MLA, A point of order was raised the create a Member’s or Minister’s following day protesting the With the use of closure, a special statement, conduct research on Prime Minister’s announcement order seeking to expedite self-identified topics and will of the economic update on the passage of Bill C-62 was have one day in the Chamber a plane rather than before adopted by the House on where they will conduct a “mock Parliament. The Speaker ruled December 7, 2009. Bill C-62, parliament” and debate issues that “however novel the Prime An Act to amend the Excise Tax of particular relevance to people Minister’s lock up may seem I Act, implements harmonized over the age of 50. The inaugural must conclude that there has tax frameworks in Ontario and Elders Parliament will be held been no breach of our procedures . from May 2 – 7, 2010. since the actual tabling of the The special order allotted document here at the House not more than one sitting day Other Matters of Commons was entirely in for the consideration of second On February 16, 2009, six MLAs keeping with our practice”. reading, including committee made a complaint to the Conflict Also on December 1, the NDP consideration, and not more than of Interest Commissioner, Gerald moved the following supply day one sitting day for report and Gerrand, concerning the conduct motion: “That, in the opinion third reading stages. The second of Premier Floyd Roland. The of the House, the government reading motion was adopted on

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 59 December 8, following which the reading motion to refer the of his riding. He therefore found Standing Committee on Finance bill back to the Committee to that there was a prima facie case of considered the bill and deposited reconsider several clauses with a privilege and the House referred with the Clerk of the House of view to making any amendments the matter to the Standing Commons its report without which may be called for as a Committee on Procedure and amendment before 11 p.m. After result of the provision of the House Affairs. several report stage motions were requested information. The Mr. Stoffer appeared before defeated, the bill was adopted on amendment was defeated and the Committee on November December 9 and received Royal the bill passed third reading on 26, 2009. Mr. Vellacott did not Assent on December 15, 2009. November 25. appear before the committee and On December 10, 2009, On November 30, 2009, the Committee did not present following the notice of a closure Mr. Comartin rose on a question a report on the matter before motion in the morning for the of privilege concerning the prorogation. third reading stage of Bill C-56, inability of the Committee to Also on November 19, 2009, An Act to amend the Employment obtain said documents regarding the Member for Mount-Royal, Insurance Act, a motion was Bill C-36. On December 10, the Irwin Cotler claimed that adopted by unanimous consent Speaker ruled that it was not a information contained in a flyer in the evening that allowed the question of privilege because sent to his riding on the three third reading motion for Bill even though the requested issues of fighting anti-Semitism, C-56 to be voted on immediately. information failed to reach the fighting terrorism and supporting The motion also contained Committee within the specified Israel was false and misled his several provisions regarding time, it was equally clear that constituents. Furthermore, it was employment insurance and the proceedings on the bill were prejudicial and damaging to the self-employed workers. The nonetheless able to continue Liberal Party and, by extension, bill received Royal Assent on with Members’ full participation. himself. On November 26, the December 15. He added that the appropriate Speaker concluded that the During its study of Bill C-36, course of action would have been constituents of Mount-Royal An Act to amend the criminal to propose a motion to have the had likely been left with an code, the Standing Committee Committee report to the House impression at variance with the on Justice and Human Rights requesting that the production of Member’s long-standing and requested on November 4, 2009, such information be compelled. well-known position on these that information from Questions of Privilege matters, thereby interfering Correctional Service Canada be with his ability to perform his provided before clause-by-clause In November, the use of parliamentary functions by consideration. The information Members’ mailings (ten damaging his reputation and was eventually provided; but not percenters) to ridings became his credibility. Finding that a in the time requested. Although a highly contentious issue. The prima facie question of privilege the Committee reported the bill to Member for Sackville Eastern existed, the matter was referred the House, with amendment on Shore, Peter Stoffer rose on to the Standing Committee on November 17, on November 26, a question of privilege on Procedure and House Affairs on it presented a report placing the November 3, 2009 to request November 30. matter before the House as it an apology from the Member for Saskatoon-Wanuskewin, On December 8, 2009, the may have involved the possible Committee commenced its study obstruction by the Minister of Maurice Vellacott for sending flyers into his riding of this question of privilege. The Public Safety in the Committee’s Chair, Joe Preston, withdrew deliberations. The Minister, that deliberately misled his constituents on his position from presiding over the meeting , apologized for as the mailings had been sent the unwarranted delay caused on the long-gun registry. On November 19, the Speaker ruled out in his name. The Committee by his office in transmitting the had not presented a report before requested information. that the mailing had distorted the Member’s true position and prorogation. The Member for Windsor— may also have had the effect of Tecumseh, Joe Comartin moved unjustly damaging his reputation an amendment to the third and his credibility with the voters

60 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 Private Member’s Business On December 9, 2009, of privilege regarding this the Member for Outremont, matter. The Speaker ruled that On November 19, 2009, Bill Thomas Mulcair raised a the Committee’s report to the C-280, An Act to amend the question of privilege alleging House was inadequate as it did Employment Insurance Act, was that due to the noise of a party not provide sufficient details on ordered reprinted because an in an adjacent room during the which the House could make amendment adopted by the Standing Committee on Finance’s a decision on the question of Standing Committee on Human clause-by-clause consideration privilege. Resources, Skills and Social of Bill C-62, An Act to amend the Development and the Status of On December 1, Jack Harris, Excise Tax Act, he was unable to Persons with Disabilities, was also of the NDP, rose on a propose an amendment and was declared null and void by the question of privilege alleging thus unable to perform his duties Speaker because it infringed that the documents requested freely. The Speaker commented on the financial initiative of the by the Special Committee, as that the special order specified crown. The bill is currently at well as individual Members of that the committee had a limit report stage. Parliament, had been leaked to of four hours to consider the bill a journalist rather than being During clause-by-clause clause-by-clause, but that nothing provided to the Committee. consideration the Standing prevented the Committee to use The Speaker suggested that the Committee on Transport, this time as it wished. Member raise the matter in the Infrastructure and Communities Also on December 9, 2009, the Committee. agreed to report to the House that Standing Committee on Finance it not proceed further with Bill Pursuant to Standing Order presented to the House its pre- C-310, An Act to provide certain 106(4) – which provides that, budget consultations report, rights to air passengers. The report at the request of at least four entitled “A Prosperous and was presented to the House on members of a committee, the Sustainable Future for Canada: November 24, 2009, but was Chair shall convene a meeting Needed Government Actions”. not concurred in by the time of following 48 hours notice – the The Committee heard from prorogation. Special Committee on Canada’s hundreds of witnesses across the Mission in Afghanistan was Committees country. to hold a meeting on Tuesday, On December 3, 2009, the The Special Committee December 15, 2009, however the Standing Committee on Public on Canada’s Mission in meeting did not take place for Accounts presented its report Afghanistan’s study of the lack of quorum. transfer of Afghan detainees on “The Power of Committees Members to Order the Production of became highly controversial Documents and Records”, when Richard Colvin, former Following the by-elections held which was in response to its head of the political section on November 9, 2009, four request for audio tapes held and chargé d’affaires at the new Members took their seats by the Department of Public Canadian Embassy in Kabul, in the House: Daniel Paillé Works in the spring of 2009. appeared before the Committee (BQ, Hochelaga) on November The Committee recommended on November 18, 2009. The 24 and Bernard Généreux that “the government revise its Committee reported to the (CPC, Montmagny–L’Islet– policies to reflect the legal right House, on November 26, that Kamouraska–Rivière-du- of parliamentary committees it believed a serious breach of Loup), Scott Armstrong (CPC, to demand the production of privilege had occurred and Cumberland–Colchester– documents and records [and] Members’ rights had been Musquodoboit Valley), and that Justice Canada provide its violated because the Government Fin Donnelly (NDP, New legal counsel with adequate of Canada had intimidated Westminster–) on training in parliamentary law, Mr. Colvin, and obstructed and November 25, 2009. including instruction on the right interfered with the Committee’s On January 18, 2010, the Prime of parliamentary committees work and with the papers Minister shuffled his Cabinet. to demand the production of requested. became Minister of documents and records.” On November 30, Paul Dewar Labour, replacing , of the NDP rose on a question who replaced

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 61 as Minister of Public Works and Bill S-8 was passed by the out of order, its content was Government Services. Mr. Paradis Senate on December 15 and sent evacuated. On December 10, was appointed to the Ministry of to the House of Commons for after debate, the Senate adopted Natural Resources. its consideration. The Governor Bill C-51 at Third Reading, on took the place of Peter Van Loan General, Michaëlle Jean, division. as Minister of Public Safety, signified royal assent to Bill-C 50 On December 15, Senator Day who became the Minister on November 5 by written presented the 14th report of the for International Trade, and declaration. Bills C-51, C-62, C-56 Standing Committee on National was appointed and C-64 received royal assent on Finance on Bill C-56, An Act to President of the Treasury Board. the Senate’s last sitting day before amend the Employment Insurance Jean-Pierre Blackburn, who adjournment for the winter Act and to make consequential was replaced by recess (December 15) by written amendments to other Acts, as Minister of National Revenue, declaration of Louis LeBel, without amendment but with became Minister of Veterans’ Puisne Justice of the Supreme observations. Like Bill C-50, Affairs. became Court of Canada, acting for the C-56 had been the subject several the Minister of State for Seniors, Governor General. days previously of a pre-study being replaced by Bills by the Senate, which enabled as Minister of State for Small it to be passed rapidly at Third Business and Tourism. Bill C-50 was referred to Reading without amendment. committee in September on a Observations are appended to Visitors on the Floor of the motion by Senator James Cowan. a committee report as a way of House Adoption of his motion made it commenting, for information On December 10, 2009, pursuant possible to proceed with pre- purposes, on a wide range of to a special order adopted on study of the Bill, that is, to begin bill-related issues. They are not December 7, the House resolved considering it while it was still subject to debate. itself into Committee of the before the House of Commons. Bill C-15 was considered Whole in order to welcome on the This procedure generally speeds by the Standing Committee floor of the House torchbearers up passage of a bill in the Senate on Legal and Constitutional carrying the Olympic Flame. once it has been passed by the Commons. The aim of Bill C-50 Affairs, which reported it to the Senate on December 3 with Samy Agha was to extend temporarily the duration of regular employment four amendments. Following Procedural Clerk a deferred division, the Senate Table Research Branch insurance benefits paid to long- tenured workers who lose their adopted the Committee’s 12th jobs. It was received in the Senate report with the amendments. in November and was passed on After the remarks by the Bill’s division but without amendment sponsor at Third Reading, the following day. Senator Elaine McCoy moved the original question. In the Senate, In December, Senator moving the original question Joseph Day presented the 12th is designed to put a motion to report of the Standing Committee the vote immediately, without on National Finance on Bill C-51, further amendment. The Bill with two amendments. The same was passed as amended at Third day, a point of order was raised Reading on December 14. Since respecting the admissibility of the it now contained amendments Committee’s report. The Speaker Senate adopted by the Senate, the of the Senate handed down Bill had to be returned to the his decision on December 9, n the Senate, the final months Commons for passage in its ruling that the point of order amended form before it could Iof the second session of the was established and that the 40th Parliament were marked receive royal assent. amendments in the report were by the passage of a number thus out of order. Since the Bill C-6 was also the subject of of government bills and the report consisted entirely of the debate, on the 17 amendments retirement of four senators. amendments that were ruled proposed in committee. The

62 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 motion for adoption of the the purpose added by the Bill On November 24, tribute was Committee’s report was defeated was consistent with the general paid to John Bryden, who had in a deferred division, by a roles and current functions of the resigned from the Senate on slim majority: 44 nays, 42 yeas Office of the Superintendent of October 31, 2009. A senator for and two abstentions. All the Financial Institutions. Although New Brunswick appointed by amendments proposed in the the changes proposed in the Bill Prime Minister Jean Chrétien, report were thus defeated as might impose administrative he served nearly 15 years in the well. The Senate’s procedural adjustments, the arguments Senate. rules allow for the moving of did not establish that the The following day, the amendments at Third Reading new responsibility would Senate paid tribute to Senator even if these have been defeated automatically incur new public Marcel Prud’homme, who was at Report Stage. Two senators expenditures, as opposed to retiring on November 30 after were thus able to have seven of being accommodated within a long political career. In 1993, the amendments adopted on existing funding. The point after 29 years in the Commons, division at Third Reading. The of order was therefore not he was appointed to the Senate Bill as passed by the Senate had established. on the recommendation of to be returned to the Commons Prorogation Prime Minister Brian Mulroney, for passage in its amended form the only Liberal appointed to before it could receive royal On Wednesday, December the Senate by Mr Mulroney. assent. 30, 2009, Prime Minister Mr Prud’homme sat as an For several years now, the asked the independent. Speaker of the Senate has been Governor General to prorogue the second session of the 40th Senator Jerahmiel Grafstein voting less often than in the also reached retirement past; as a general rule, he tends Parliament. The third session of this Parliament is scheduled age during this period. On not to vote unless it appears December 9, 2009, the senators that the result may be close. In to begin on Wednesday, March 3, 2010. As a result, all paid tribute to his contributions the final months, however, the to Canada, Parliament and Speaker exercised his right to Senate proceedings were broken off as of December 30. The the Senate. He was called to vote on a number of occasions the Senate by Prime Minister during consideration of bills government bills passed by the Senate with amendments, Pierre Trudeau in 1984, and C-15 and C-6. The Speaker has a in the course of his 25 years “deliberative” vote only. including C-6 and C-15, will have to be reintroduced and of service sat on every single Speaker’s ruling passed again by the House of standing Senate committee. He Commons and the Senate during introduced many bills in the On November 17, Senator Senate, including one calling for Donald Oliver rose on a point the upcoming session so that they can receive royal assent and be the creation of the position of of order respecting a private Parliamentary Poet Laureate. senator’s public bill, S-241, enacted. On December 10, 2009, the An Act to amend the Office of Senators the Superintendent of Financial Senate paid tribute to Senator Institutions Act (credit and debit Over the last few months that the Lorna Milne, who was retiring cards). Senator Oliver argued Senate sat before prorogation, a on December 13. Senator Milne that the Bill required the royal number of tributes were paid to was appointed to the Senate recommendation because it deceased, resigning or retiring on September 21, 1995, on the added an additional purpose to senators. recommendation of Prime the Office of the Superintendent On November 3, the senators Minister Chrétien. Her of Financial Institutions Act by paid tribute to Roméo Leblanc, outstanding achievement was creating a new oversight body. former senator, 43rd Speaker of undoubtedly her seven-year Since the point of order involved the Senate and 25th Governor campaign to ensure access the Crown’s financial prerogative, General of Canada, who died on to census data for research the Speaker cited the second June 24, 2009. He was the first purposes, which led to the edition of House of Commons Acadian and first Maritimer to passage of Bill S-18. Procedure and Practice as well as occupy the position of Governor These retirements and the Senate Rule 81. He found that General. appointment of over 30 new

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 63 Conservative senators in the almost 25,000 signatures. The Camil Bouchard, Parti course of the past year have first presentation of electronic Québécois MNA for Vachon, changed the face of the Senate. petitions will occur in announced his resignation on On January 1, 2010, there were February 2010, when the National December 14, 2009. It took effect 46 Conservative senators, Assembly resumes sitting. on January 6, 2010. 49 Liberals and five vacant seats. A further element in the The distribution of seats in On January 29, the Prime Minister parliamentary reform requires the National Assembly is now as announced the appointment of the government to respond follows: Liberal Party of Québec, five new Conservative senators: to petitions presented in 67 MNAs; Parti Québécois, Pierre-Hugues Boisvenu, the National Assembly. In 50 MNAs; Action Démocratique founding president of the accordance with the deadlines set du Québec, 4 MNAs; Québec Murdered or Missing Persons’ out in the Standing Orders, six of Solidaire, 1 MNA; independents, Families’ Association (MMPFA); the petitions presented this Fall 2 MNAs; and one vacant seat. Bob Runciman, former MPP have now received a government Speaker’s rulings for the Ontario riding of Leeds– response. Grenville; Vim Kochhar, founder On November 10 and 11, 2009, Parliamentary proceedings and president of Toronto’s the Chair handed down two Vimal Group of Companies; Under the new parliamentary rulings. One pertained to the Elizabeth (Beth) Marshall, who calendar adopted in April 2009, decision by two MNAs belonging represented the riding of Topsail the Assembly recessed on Friday, to the second-largest opposition in Newfoundland’s House of December 4, 2009. This enabled party to sit as independents, Assembly; and Rose-May Poirier, the Members to do a final week and the other established their former MLA for the New of work in their ridings before the allotted speaking time and their Brunswick riding of Rogersville– Christmas holiday. rights of intervention in the Kouchibouguac. The new Chamber. senators fill vacancies in Quebec, By the time they recessed, Newfoundland and Labrador and the Members of the National As part of the parliamentary New Brunswick, as well as two in Assembly had passed 24 public reform of April 2009, the Ontario. The appointments give bills, including one private Assembly unanimously adopted the government a plurality of Member’s bill, and five private temporary new rules governing seats in the Senate. bills. the recognition of political parties and the organization Make-up of the National of parliamentary proceedings. Marie-Eve Belzile Assembly Procedural Clerk These rules provide not only Éric Caire, MNA for La Peltrie, for the recognition of Action and Marc Picard, MNA for Démocratique du Québec as a Chutes-de-la-Chaudière, both party, but also for the allocation members of Action Démocratique of rights of intervention among du Québec, left their party opposition MNAs during the 39th to sit as independents on Legislature. November 6, 2009. The Chair said that it intended Jean D’Amour, MNA to respect the spirit of the new for Rivière-du-Loup, left rules. Only a further vote by he parliamentary reform of the Québec Liberal Party the Assembly on these matters TApril 2009 improved citizens’ to sit as an independent would allow the Chair to apply right to petition by allowing for on November 10, 2009. He different rules. Under the rules electronic petitions, launched and rejoined the Liberal caucus on adopted on April 21, 2009, Action signed via the National Assembly December 23, 2009. Démocratique du Québec still Internet site. The official roll-out Gérard Deltell, Action constitutes a recognized party, of this new way of petitioning Démocratique du Québec MNA in other words a took place on December 3, 2009. for Chauveau, became leader of that in the most recent general Over the course of the month, the second-largest opposition election elected at least five eight electronic petitions party on November 19, 2009. MNAs and garnered at least 11% were launched, and collected of the vote.

64 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 With regard to the allocation 18th Forum Étudiant. Organ including Bill 63, the Business of rights of intervention among donation, water consumption and Corporations Act. The Bill opposition MNAs, and with a energy drinks were the key topics constitutes a major reform of the view to respecting the choice at this mock parliament, which statutory framework applicable made by the Assembly when brought together students from to bodies currently regulated by it unanimously adopted the more than 30 CEGEPs. the Companies Act. Prior to its new rules, the Chair pledged in-depth consideration of this Médaille d’honneur of the to protect the rights of the bill, the Committee held two National Assembly official opposition and those public hearings, during which of the MNA for Mercier as On October 22, 2009, the Speaker it received 12 submissions and well. For this reason, the two of the National Assembly, heard from a panel of experts as new independents’ allotted Yvon Vallières, presided over a well as from eight organizations. ceremony at which he presented speaking time and rights of The Committee also held select Médaille intervention in the Chamber the National Assembly’s consultations on Bill 65, An Act d’honneur would be established on the basis [medal of honour] to respecting Infrastructure Québec, of the speaking time and rights Patrice Brisebois for his career and considered it in depth. The as a hockey player and his currently enjoyed by MNAs Bill creates Infrastructure Québec, involvement in the community. belonging to the second-largest an agency whose mission is opposition party. In November, the Speaker to assist in the planning and Other events awarded the Médaille d’honneur carrying out of infrastructure to the writers and actors of projects by public bodies and to On December 4, 2009, the Broue to mark the play’s 30th improve the quality of services Assembly voted on a motion anniversary, as well as to singer to the public in the framework by Véronique Hivon, MNA Michel Louvain for his 50 years of such projects. Bill 65 gives for Joliette, to set up an ad hoc in the performing arts. Infrastructure Québec the committee to consider the issue of functions currently exercised by the right to die with dignity. The Sylvia Ford Quebec’s Agence des partenariats Members adopted the motion Assembly Secretariat public-privé. unanimously. Public hearings Committees will be held in the coming On October 6 and 7, 2009, months. The ad hoc committee’s On October 6 and 7, 2009, the the Committee on Institutions consultations will take place in Committee on Agriculture, continued public hearings on various regions of Québec, and Fisheries, Energy and Natural Bill 48, Code of ethics and conduct will be rounded out by online Resources reviewed Hydro- of the Members of the National consultations. Québec’s 2009-2013 strategic Assembly. The Committee plan, and questioned the Crown received 12 submissions and Mock parliaments corporation’s executives about held five hearings as part of its As happens every year the policy directions it plans deliberations. Bill 48 enacts a during the Christmas break, to adopt. The main thrusts of code of ethics for Members of the mock parliaments were the strategic plan are energy National Assembly. It contains held in the Chamber. On efficiency, sustainable energy and various measures and rules December 26-30, 2009, about technological innovation. The applicable to MNAs and Cabinet a hundred students aged last time this major exercise was Ministers. 18 to 25 gathered to reproduce carried out by parliamentarians As part of its general the operations of the National was in September 2006. consultations on the draft bill Assembly with the holding of It should be noted that the entitled An Act to amend the the 60th sitting of the Parlement Committee’s name was changed Civil Code and other legislative Jeunesse du Québec. On on December 2, 2009, from the provisions as regards adoption and January 2-6, 2010, the young Committee on Agriculture, parental authority, the Institutions members of the Parlement Energy and Natural Resources to Committee was mandated to Étudiant met for their 27th sitting. include fisheries. hold an online consultation. On January 10-14, 2010, over There were 254 individuals and The Public Finance Committee groups who participated in the 140 CEGEP students met at considered a number of bills, the National Assembly for the online consultation by filling

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 65 out a questionnaire available on tightens the restrictions on such matters that may provide useful the National Assembly Internet licences. The Bill also provides information to the members of site. The responses to the for increased fines designed to the Committee. At the end of questionnaire were transmitted to discourage false statements made the hearings, the Committee the members of the Committee to to obtain a licence, failure to will produce a discussion paper assist them in their deliberations. respect the conditions attached to intended to help the public take In the Fall, the Committee acting as a job-site steward, offers part in the general consultation on Citizen Relations held by an employer of an advantage that will occur subsequently. select consultations on Bill 60, to a union representative and This general consultation will An Act to Amend the Consumer acceptance of such an advantage be led by an ad hoc committee Protection Act and other legislative by a union representative. struck to study the question. The provisions, and considered it in On November 4, 2009, the general consultation should start depth. The Committee received Health and Social Services in August. 12 submissions and heard from Committee presented a report In October and November, 12 organizations during its select entitled Itinérance, agissons the Committee on Transport consultations. Bill 60 introduces ensemble [let’s act together and the Environment held a number of amendments to the on homelessness] as part of select consultations on the Consumer Protection Act, including its mandate to investigate document entitled Le Québec special provisions for contracts homelessness in Québec. In et les changements climatiques involving sequential performance the report, which makes – Quelle cible de réduction of a service provided at a 33 recommendations, the d’émissions de gaz à effet de distance, and rules governing Committee tackles the topics of serre à l’horizon 2020? [Québec pre-sale disclosure. income and housing, health and and -- what On November 19, the social services, education and greenhouse gas reduction targets Committee on Labour and reintegration into the community. for 2020?]. The document the Economy reviewed the During its study, the Committee sets out the issues involved policy directions, activities and received 145 submissions and in adopting a greenhouse gas management of the Commission heard 104 individuals and groups emissions reduction target for des relations du travail and heard from various sectors, including Québec by 2020 and asks its from Commission executives. community groups, formerly readers for their ideas about The Committee’s right to oversee homeless people, academics, Québec’s commitment over this the Commission arises from the research groups, government timeframe and about the nature accountability provisions set departments, health care and and scope of what needs to be out in the Standing Orders of social service agencies, etc. The done. The Committee received the National Assembly. These Committee held 12 days of 48 submissions. require parliamentary committees public hearings in Montreal, On November 26, the Public to examine the “policy directions, Trois-Rivières, Gatineau and Administration Committee activities, and management” of Québec City. A complete copy presented its 23rd report on at least one body subject to their of the Committee’s report [in the accountability of deputy right of oversight every year. French only] can be found on the ministers and heads of public National Assembly Internet site agencies to the National The Committee also devoted at www.assnat.qc.ca. four sittings to in-depth Assembly. The report deals consideration of Bill 73, An Act to In addition, the Committee principally with health care, provide for measures to fight crime was mandated to undertake housing and the mining sector. in the construction industry. Before select consultations and hold It contains 13 recommendations undertaking its consideration public hearings on the issue of adopted unanimously by its of this bill, the Committee held the right to die with dignity. members. The recommendations select consultations during The Committee will be hearing illustrate the importance in which it heard from seven from experts who will discuss the eyes of the Committee’s organizations. Among other end-of-life conditions and care, members of the implementation things, Bill 73 amends the the law and possible terms by departments and public conditions for issuing contractor and conditions regulating the bodies of recommendations made and owner-builder licences and right to euthanasia, and other

66 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 by the Auditor General and by • Bill No. 73, Act to Amend the January 26, 2009. Mr. Edzerza parliamentarians. Registered Nurses Profession Act had first been elected to the In its report the Committee • Bill No. 75, Second Miscellaneous Legislative Assembly under Statute Law Amendment Act, the banner in also deals with funding for 2009 community organizations from the November 2002 general • Bill No. 76, Act to Amend the election, and had then resigned the Ministry of Health and Social Motor Vehicles Act Services and health and social as a Minister and left that caucus • Bill No. 77, Act to Amend the to sit as an Independent, in services agencies, government Public Health and Safety Act measures for promoting August 2006. • Bill No. 78, Act to Amend the and attracting direct foreign Elections Act Current standings in the investment, and the review of five Yukon Legislative Assembly • Bill No. 79, Act to Amend the annual management reports. Medical Profession Act are 10 Yukon Party MLAs, 5 Liberals, 2 New Democrats and On December 1, 2009, • Bill No. 80, Act to Amend the MNA for Shefford, the Access to Information and 1 Independent member. François Bonnardel, was Protection of Privacy Act and the Leadership Change – Yukon Health Act elected Vice-Chair of the Public NDP Administration Committee, a Party Standings On September 26, 2009, position he had previously held from April 23 to October 29, 2009. During the Fall of 2009, the , President of Yukon Party Government the Yukon NDP, was acclaimed To learn more about the work was temporarily in a minority as the new Leader of the of parliamentary committees, position. On August 28, 2009, Yukon NDP, during the Party’s please consult the National , Member for convention in that Assembly of Québec’s Internet Lake Laberge, resigned from weekend. Ms. Hanson does not site at www.assnat.qc.ca. Cabinet and left the Yukon Party have a seat in the House, but caucus to sit as an Independent observed proceedings from the Stéphanie Boutin member, effectively placing Gallery during the 2009 Fall Committees Secretariat the Government in a minority Sitting. On February 5, 2009, situation (the 18 member (), House comprised: 9 Yukon Leader of the Third Party, Party MLAs, 5 Liberal Party publicly announced his intention MLAs, 2 NDP MLAs, and to step down as Leader of the 2 Independents, including NDP, to focus his efforts on Mr. Cathers). Mr. Cathers, fighting leukemia and regaining Yukon who had been Minister of his health. Mr. Hardy retained Energy, Mines and Resources, his seat, and remains Leader of n December 17th, the 2009 and the Government House the Third Party in the House. Fall Sitting of the First O Leader, indicated that he had a Mr. Hardy was first elected to Session of the 32nd Legislative disagreement with the Premier, Yukon’s Legislative Assembly Assembly adjourned. The but hoped to rejoin caucus under in 1996. After losing his seat in 28-day sitting had convened different leadership. the 2000 election, he was re- on October 29th. The Sitting elected in 2002 (the same year he concluded with Assent being On October 22, 2009, one week before the 2009 Fall Sitting won the NDP leadership), and given in the Chamber by the again in 2006. Mr. Hardy and Commissioner of Yukon, began, , Member Steve Cardiff (Mount Lorne) . for McIntyre-Takhini, joined the Yukon Party caucus as a comprise the NDP Caucus in the In the Fall Sitting, a total of backbencher, restoring the Yukon Legislative Assembly. 9 bills (all Government bills) were Government’s majority status. granted Assent by Commissioner Select Committees Mr. Edzerza, who had been Van Bibber: elected in the October 2006 The 2009 Fall Sitting saw the • Bill No. 16, Fourth Appropriation general election as an NDP establishment of three new Select Act, 2008-09 member, left that caucus to sit Committees. Following the • Bill No. 17, Second Appropriation as an Independent member on adoption by the House during Act, 2009-10 Private Members’ Business on

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 67 November 4, 2009 of Mr. Hardy’s findings and recommendations that week (on February 11th), Motion #852, as amended, a in the 2010 Fall Sitting of the the Standing Committee on Select Committee on Bill #108, Legislative Assembly. Public Accounts (whose Chair Legislative Renewal Act, was is Arthur Mitchell, Copperbelt, Cabinet Shuffle established. Bill #108, introduced Leader of the Liberal Party) held by Mr. Hardy, had received first Following a Cabinet shuffle on a public hearing in the Chamber reading during the 2007 Fall February 4, 2010, ministerial to consider Auditor General’s Sitting. The membership of the portfolios are as follows: Report. Officials from the Committee has not been struck at • Premier : Office of the Auditor General of the time of writing, but, per the Executive Council Office, Canada were present to advise terms of the motion, will include Finance, Yukon Development the Committee. Over the course a representative of each of the Corporation, Yukon Energy of the day, the Committee Corporation three Parties in the House. The questioned witnesses from the Committee is due to report its • Elaine Taylor: Deputy Yukon Housing Corporation, Premier, Tourism and Culture, findings and recommendations Public Service Commission, the Department of Health and to the House no later than the House Leader Social Services, and the Public 2011 Fall Sitting of the Legislative • Marian C. Horne: Justice, Service Commission with respect Assembly. Women’s Directorate to the findings in Ms. Fraser’s On November 18, 2009, during • : Highways and Report. The first witness called – Private Members’ Business, Public Works, Community Rudy Couture, Chair of the two more Select Committees Services Board of Directors of the Yukon were established. First, the • : Health and Social Housing Corporation – is also the House adopted Mr. Cardiff’s Services, Yukon Hospital Sergeant-at-Arms of the Yukon Corporation, Yukon Workers’ Motion #850, establishing a Select Legislative Assembly. The Public Compensation Health and Accounts Committee will prepare Committee on the Landlord and Safety Board, French Language Tenant Act. The membership Services Directorate a report on the Auditor General’s Report and the related public of this all-Party Committee has • : Economic since been struck, Archie Lang Development, Yukon Housing hearing held by the Committee. (, Yukon Corporation, Yukon Liquor The report will be tabled in the Party), Chair; Mr. Cardiff, Vice- Corporation, Yukon Lotteries’ 2010 Spring Sitting. Corporation Chair; and Darius Elias (Vuntut Gwitchin, Liberal Party), and • : Education, Linda Kolody Energy, Mines and Resources the Committee has met. The Deputy Clerk Committee is due to report • John Edzerza: Environment to the House no later than The news release announcing the 2010 Spring Sitting of the the cabinet shuffle also indicates Legislative Assembly. that Mr. Nordick – a private Next, the Assembly adopted member who is the Legislative Steve Nordick’s (Klondike, Assembly’s Deputy Speaker Yukon Party) Motion #834, and Chair of the Committee of establishing a Select Committee the Whole – becomes Cabinet Commissioner for Community on the Safe Operation and Use of Off Road Vehicles. The Services, Highways and Public Works. membership of the Committee he Third Session of the has not been struck at the Report of the Auditor General TSixty-third General Assembly time of writing, but, per the adjourned to the call of the On February 9th, the Auditor terms of the motion, will Speaker on December 8, 2009, General of Canada, Sheila Fraser, include a representative of after 15 sitting days. A total of was in Whitehorse to release a each of the 3 Parties, as well 23 bills received Royal Assent at report entitled Yukon Housing as the Independent Member, the conclusion of the sitting. Mr. Cathers. The Committee Corporation. That morning, Treasurer is due to report to report its Ms. Fraser provided a briefing on the report to MLAs in the presented the capital budget legislative Chamber. Later in the Legislative Assembly on

68 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 November 27, 2009. The plan device to contact emergency of Environment, Energy and will provide investments of services. The law came into effect Forestry; Neil LeClair Minister $136.7 million in infrastructure as of January 23, 2010. of Fisheries, Aquaculture for the health care system over The Health Services Act and Rural Development; and the next five years; highway (Bill No. 11) will create an Allan Campbell, Minister infrastructure accounted for arms length governing body of Innovation and Advanced another $229 million over that called Health PEI which will be Learning retained their current time frame. The Treasurer responsible for the delivery of portfolios. indicated that the budget allows health care in the province. The In other changes, for the creation of 1,625 jobs, new entity will have a global budget Evangeline Miscouche MLA tax revenues of $11.4 million and and authority to deliver services was named as an improvement to the provincial in accordance with Department of Government House Leader and GDP of $62 million in 2010-2011. Health policy, plans and overall and Belfast Murray River MLA Several pieces of significant direction. Charles McGeoghegan became legislation received Royal Assent The Tobacco Damages and Government Whip. during the fall sitting. Among Health Care Costs Recovery Act Changes to Standing Committee them: (Bill No. 12) will allow the Structure A number of amendments province to take action against The mandates of several of were made to the Employment manufacturers and promoters the standing committees of Standards Act including an of tobacco products to recover the Legislative Assembly were additional week of paid vacation past health care costs caused or revised as of the opening of after eight continuous years of contributed to by tobacco use. employment, one day of paid the Third Session of the Sixty- Changes to Executive Council bereavement leave, banking of third General Assembly on November 12, 2009. They are the: overtime hours, and enhanced A number of changes to pay protections. The Act will Executive Council, along with • Standing Committee on now allow for the possibility a re-alignment of provincial Agriculture, Environment, Energy and Forestry is of different minimum wage government departments, were now charged with matters rates for employees or classes announced on January 13, 2010. concerning agriculture, the of employees in different The new cabinet consists of environment, energy and employments or different classes Premier who will forestry; of employments. During debate also be Minister Responsible • Standing Committee on on the legislation, the Minister of for Acadian and Francophone Health, Social Development Communities, Cultural Affairs Affairs; George Webster to act as and Seniors is concerned with health, social development and Labour, , Deputy Premier in addition to his and seniors; and responsible indicated that she would be role as Minister of Agriculture; for recommending to the asking a standing committee of Wes Sheridan as Minister Legislative Assembly persons the Legislative Assembly to seek of Finance and Municipal to serve on the Prince Edward public input on this measure. Affairs; Carolyn Bertram as Island Human Rights Commission; Highway Traffic (Cell Phone) Minister of Health and Wellness (including Aboriginal Affairs); • Standing Committee on Amendment Act (Bill No. 6) Education and Innovation has prohibits a person from driving as Minister of matters concerning education, a motor vehicle on a highway Education and Early Childhood higher learning and economic while holding or using a held- Development and Attorney development as its mandate. held wireless communication General; Ron MacKinley as • Standing Committee on device or other prescribed device Minister of Transportation Fisheries, Transportation and Rural Development will that is capable of receiving and Infrastructure Renewal; as Minister of consider matters concerning or transmitting telephone fisheries, transportation and communications, electronic Community Services, Seniors rural development; and and Labour (including Status data, email or text messages. • Standing Committee Several exemptions are permitted of Women); Robert Vessey as on Community and including using a device in Minister of Tourism and Culture. Intergovernmental Affairs hands-free mode, and using a Richard Brown, Minister of will deal with community and

CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 69 cultural affairs, labour and the province’s ambulance justice, intergovernmental paramedics and dispatchers. The affairs and the Constitution of early afternoon adjournment was Canada. selected to permit Members to No changes were made to greet Their Royal Highnesses, the Standing Committee on The Prince of Wales and The Legislative Management, the Duchess of Cornwall during their Standing Committee on Public visit to the precinct. Accounts or the Standing During the lengthy Friday Committee on Privileges, Rules special sitting, the Opposition and Private Bills. House Leader Report of the Indemnities and British Columbia moved an amendment to Allowances Commission hoist Bill 21 for six months. he House adjourned for The three-member Indemnities Following the Royal Visit, the First Session of the and Allowances Commission T debate on the hoist motion Thirty-ninth Parliament on concluded its review of resumed and continued until November 26, 2009. Since the last salaries and benefits of 2 a.m. on Saturday. The hoist legislative report, government Members of the Legislative motion was defeated and bills that passed and received Assembly. In its report, tabled Bill 21 ultimately passed all Royal Assent include: on December 1, 2009, by three stages, on division, and Speaker , the • Bill 18 – Assistance to Shelter received Royal Assent before the Act enables the police to assist Commission determined that House adjourned at 8:10 a.m. on homeless British Columbians Saturday, November 7. there will be no change in salaries to shelters when communities for the fiscal year beginning issue extreme weather alerts; 2010 Parliamentary Calendar April 1, 2010. Salaries for MLAs and will remain at the current level. • Bill 19 – Lobbyists Registration In order to accommodate the Commenting in the Assembly, Amendment Act, 2009 2010 Olympic and Paralympic Premier Ghiz indicated that he strengthens the reporting Winter Games, the House requirements for lobbyists plans to recommend amendments approved a sessional order on and grants the registrar of November 26, 2009 amending to the Legislative Assembly Act lobbyists new investigative and that would see a freeze in MLA enforcement authority. the sitting days for the Second salaries go one year further into Session of the Thirty-ninth Special Sitting 2011-2012. He also intends to Parliament. Under the revised freeze the salaries of deputy Under the 2009 Parliamentary 2010 Parliamentary Calendar, the ministers and other members of Calendar, the House was Legislative Assembly will: the senior compensation plan for typically scheduled to meet • Convene for three sitting days a two-year period. Monday to Thursday inclusive. during the second week of February, then adjourn for the In the fall sitting, Thursday, Conference Activity remainder of February; November 5 had originally been • Reconvene on March 1, with From 16-20 August 2010 the last scheduled sitting day Budget Day rescheduled for inclusive, Hansard PEI will before the Remembrance Day March 2; host the Hansard Association of constituency week. However, • Adjourn for a constituency Canada conference, which will be noting the “critical and serious week on March 15, to coincide the first time that it has been held situation” posed by the H1N1 with the second week of school here. flu outbreak, Government spring break; House Leader Michael de Jong • Sit consecutively from March Marian Johnston moved that the House sit on 22 to June 3, with constituency Clerk Assistant and Friday November 6 from 9 a.m. weeks on April 5 and May 10. Clerk of Committees to 1:30 p.m. in order to continue Committee Report debate on Bill 21, Ambulance Services Collective Agreement Act. On November 13, 2009, the Bill 21 sought to resolve the Select Standing Committee ongoing labour dispute involving on Finance and Government Services released its report on

70 CANADIAN PARLIAMENTARY REVIEW/SPRING 2010 the 2010 budget consultations. session. While Opposition On January 19, 2010 This year, the Finance Members endorsed a David Loukidelis resigned as Committee received close to majority of the Committee’s B.C.’s Information and Privacy 3,500 submissions, held seven recommendations, they voted Commissioner and Registrar public hearings in communities against the adoption of the of Lobbyists. The following around the province, and used report. day, it was announced that, video-conferencing technology effective February 1, he would Statutory Officers to hear from presenters in six be appointed as the province’s remote communities. On December 21, 2009, a Special deputy Attorney General. The The report contains Committee of the Legislative province’s Conflict of Interest 28 recommendations to Assembly recommended the Commissioner, Paul Fraser, QC, government, including: appointment of Fiona Spencer as was appointed as acting suggestions for improving British Columbia’s independent Information and Privacy health care and promoting Merit Commissioner. Ms. Spencer Commissioner and Registrar healthy living programs; had previously served at the of Lobbyists on January 25, options for investing in K-12 assistant deputy minister level pending the recommendation and post-secondary education; with the federal public service, of the recently appointed an endorsement for continued and has held executive positions Special Committee to Appoint investments in the arts; as well in the human resources field in a an Information and Privacy as specific recommendations number of federal departments Commissioner. for strategic investments in and agencies during her 30 year B.C.’s primary industries. This career. Ms. Spencer replaces Jonathan Fershau year, the Committee resolved Joy Illington, a long time senior Committee Research Analyst to vote on each of the report’s public servant, who retired at recommendations in open the end of her three-year term of office.

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