Legislative Reports

• Bill No. 67, Act to Amend the Administration Building (now the Employment Standards Act Dawson City Museum). The busi- • Bill No. 68, Act to Amend the ness of the day was Motion #830, College Act moved by Mr. Nordick, in whose • Bill No. 69, Miscellaneous Statute riding Dawson City is located. Law Amendment Act, 2009 The motion proposed that the • Bill No. 70, Child and Youth Legislative Assembly, “on behalf Yukon Advocate Act of all Yukoners, acknowledges • Bill No. 71, Act to Amend the and commemorates the efforts of Human Rights Act n May 14th, the 2009 Spring those who have contributed to OSitting of the First Session of • Bill No. 72, Corrections Act, 2009 the attainment and development nd of representative government in the 32 Legislative Assembly ad- Special Sitting in Dawson City journed. The 32-day sitting had Yukon over the past 100 years.” convened on March 19th. The Sit- When Yukon became a territory Each Member present, includ- ting concluded with Assent being on June 13, 1898, its legislative ing Speaker Ted Staffen, spoke given in the Chamber by the Com- body – the Territorial Council – to the motion, which passed missioner of Yukon, Geraldine was composed entirely of persons unanimously. In their speeches, Van Bibber. appointed by the Government Members referenced touchstones Pursuant to Motion #799 of Canada. Amendments to the such as the advent of party politics (moved by private member Steve Yukon Act in 1899, 1902, and 1908 in Yukon territorial elections in Nordick, Klondike, ), allowed for the election (as op- 1978, the 1979 Epp Letter (which which carried on May 13th, the posed to the appointment), re- brought responsible government House reconvened for a Special spectively, of two, five, and finally to the territory), and Canada’s Sitting in Dawson City on June 12, all members of the Council. The Yukon Act, 2003. Achievements 2009. election of the first wholly-elected and developments in the area of Council took place on June 28, First Nations self-government in Assent 1909. This Council (comprising Yukon were also highlighted. As In the Spring Sitting, a total of 12 10 members) met for the first time well, the House recessed to hear bills (all Government bills) were on July 15, 1909.Yukon has had a remarks from Eddie Taylor, Chief granted Assent by Commissioner fully elected legislative body ever of the Tr’ondëk Hwëch’in First Van Bibber: since. Nation and Dawson City Mayor th John Steins. • Bill No. 13, Third Appropriation To commemorate the 100 an- Act, 2008-09 niversary of representative gov- Among the special guests • Bill No. 14, Interim Supply ernment in Yukon, the Legislative in attendance at the Special Appropriation Act, 2009-10 Assembly held a Special Sitting Sitting were Commissioner • Bill No. 15, First Appropriation in Dawson City on June 12, 2009. Van Bibber and several former Act, 2009-10 Dawson City had been Yukon’s MLAs. The latter group in- • Bill No. 64, Act to Amend the capital and seat of government cluded two former Premiers Legislative Assembly Retirement from the territory’s creation until (Chris Pearson, Government Allowances Act, 2007 1953, when the federal govern- Leader from 1978-1995, and Tony • Bill No. 65, Act to Amend the ment decided to move the capital Penikett, Premier from 1985- Yukon Advisory Council on to . 1992); past Commissioners Jim Women’s Issues Act The Special Sitting took place Smith, Ken McKinnon, and Jack • Bill No. 66, Corporate in the original chambers of the Cable; Senior Justice Ron Veale; Governance Statute Law and former Klondike MLAs Art Amendment Act Legislature in the old Territorial

36 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 Webster, David Millar, and Peter development presaged the 1978 on November 12, 2009. Jenkins. territorial election, and the official Significant Legislation recognition of parties in the 24th Commemorative Book Legislature. During the Session, a number of pieces of significant legislation re- In anticipation of the centennial rd On March 23 , the House paid ceived Royal Assent, including: of representative government in tribute to Joyce Hayden, who Yukon, Speaker Staffen commis- had been Member for Whitehorse • An Act to Amend the Islander Day Act (Bill No. 72) amends sioned a book to chronicle the first th South Centre in the 27 Legislature the Act to provide that Islander half-century of the history of the (1989-1992), a Cabinet Minister, Day, the province’s newest Legislature. The book, which was and a Chair of the Public Accounts statutory holiday, shall be the officially released at the Special Committee. Ms. Hayden sub- third Monday in February of Sitting, was written by Yukon sequently wrote a book entitled each year. The holiday was archivist and historian Linda first celebrated in 2009 on the Yukon’s Women of Power: Political second Monday in February. Johnson, under the guidance Pioneers in a Northern Canadian and direction of Speaker Staffen, • An Act to Amend the Smoke- Colony, and co-authored the biog- free Places Act (Bill No. 76) Floyd McCormick, the Clerk of raphy, Victoria Faulkner: Lady of establishes a prohibition on the Assembly, and former Clerk, the Golden North. smoking in a vehicle when Patrick Michael. The project was a person under the age of 19 co-sponsored with Yukon College During the 2008 Fall Sitting (on years is present. The legisla- October 30, 2008), the Speaker, on President, Terry Weninger. tion strengthens the Act in a behalf of all Members, paid tribute number of ways, including The book is entitled With the to former MLA Jean Gordon. Ms. prohibiting designated smok- People Who Live Here: The History Gordon, the Member for Mayo in ing rooms in public places and workplaces, with the exception of the Yukon Legislature 1909-1961. st the 21 Legislature (1967-1970), of long-term care facilities. The overleaf notes that this title was the first woman elected to the • An Act to Amend the Executive recognize[s] the efforts and Yukon Territorial Council. In the Council Act (Bill No. 89) permits contributions of all Yukon summer of 2008, former Member one additional person to be people past and present in Bea Firth, a Member from the appointed to the Executive building the rich legacy that is th th Council of the Province, bring- ours to enjoy in Yukon today. 25 – 28 Legislatures from 1992- 1996, passed away. Ms. Firth ing the maximum number of It is taken from the words of persons on Executive Council Councillor James Smith at the had served as a Cabinet Minister, to eleven, exclusive of the opening of the 1958 session of and as a member of the Public Premier. the Yukon Council: ‘Make no Accounts Committee. mistake – the success or failure Voices of History of the vision of the North rests with us, the people who live Linda Kolody From 1968 to 1995, the debates here.’ Deputy Clerk of the Prince Edward Island In Remembrance Legislative Assembly were record- ed on reel-to-reel tape, and stored During the 2009 Spring Sitting, in the Public Archives in the Coles the House paid tribute to two Building, located adjacent to former Members who had Province House. During that time recently died. On March 19th, period, only a very limited number the House paid tribute to Fred of debates were transcribed Berger, the Member for Klondike (Prince Edward Island Hansard in the 23rd Legislature (1974-1978). did not commence operations A memorial service was held Prince Edward Island until February 1996). The reel-to- for Mr. Berger in Dawson City, reel tapes were slowly deteriorat- on the same day as the Special n May 15, 2009, the Second ing and the machine used to play Sitting. In addition to being the OSession of the Sixty-third them was antiquated and often in first leader of Yukon’s NDP, General Assembly prorogued af- need of repair. Recognizing the Mr. Berger ran in the territorial ter 65 sitting days. According to danger of losing this part of our election under the party’s banner the parliamentary calendar, the legislative history, Hansard staff before party affiliations were Third Session of the Sixty-third have begun digitizing the reel-to- recognized in the House. This General Assembly will commence reel tapes, starting with the Third

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 37 Session of the Fifty-first General leadership in their community Sound and Light Show Assembly (22 February-25 April and in their chosen occupation or Celebrate the Canadian Dream-Voices 1968), and then transcribing the profession. from the Island is a new and enter- audio. Beyond the transcript, the taining tourism product which de- digital audio will be available on Changes to Senior Management buted on Canada Day. The sound line and available to the public on A series of adjustments to the and light show, modelled after the the Legislative Assembly’s web provincial government’s senior Ottawa version, showcases Prince site (www.assembly.pe.ca). With administrative level were an- Edward Island’s history and cul- 27 years of tape to transcribe, nounced by Premier Robert Ghiz ture, along with national sym- this project will take some time on July 14, 2009. Doug Clow has bols. Music, narration and iconic to complete, but it will safeguard been appointed Deputy Provincial images playing on the facade of and make accessible the legisla- Treasurer, following the retire- Province House tell the story of ture’s historic debates long into ment of the former Deputy, Paul confederation and Prince Edward the future. Jelley. Allan Rankin has been Island’s role in Canadian history. appointed as a member and Vice- Committee Activity chairman of the Island Regulatory Marian Johnston The Standing Committee and Appeals Commission. Clerk Assistant and on Community Affairs and Replacing him as Clerk of Clerk of Committees Economic Development held a Executive Council and Secretary final hearing on its review of the to Cabinet is Rory Beck. Jim Island Regulatory and Appeals Ferguson will become Executive Commission (IRAC) in June. The Director of the Population committee was given the man- Secretariat. Aidan Sheridan will date in November 2008 to con- replace him as Chief Executive sult with consumers and indus- Officer of the Public Service try stakeholders to determine Commission. Neil Stewart has the Commission’s overall role in been appointed as Chief Executive serving Islanders’ interests with Officer of Innovation PEI, where nd rd regard to energy costs and rent in- he has been serving on an interim he 2 Session of the 3 Leg- creases. IRAC is an independent, basis. All appointments are effec- Tislative Assembly of Nunavut quasijudicial tribunal operating tive July 27, 2009. convened on April 1, 2009. This th under the authority of the Island date marked the 10 anniversary Regulatory and Appeals Commission Thirty-fifth Annual Statistical of the creation of the territory and Act. The Commission administers Review the first sitting of its Legislative a number of provincial statutes A snapshot of the province’s Assembly. dealing with economic regulation economy, population and social A number of noteworthy and hears appeals under provin- makeup is now available with the events were held in the Legislative cial planning, tax and residential release on July 7, 2009, of the thir- Assembly Precinct to mark the rental property legislation. ty-fifth edition of thePrince Edward occasion. During the morn- Island Annual Statistical Review. ing, Speaker of the Legislative Order of Prince Edward Island Highlights from 2008 reveal the Assembly and MLA Recipients Announced Island population at 138,818; eco- announced the win- Nunavut at 10 The 2009 recipients of the Order nomic growth of 0.9%; an unem- ners of the essay of Prince Edward Island were ployment rate of 10.8%; farm cash competition. Four high school announced on June 26, 2009. receipts of $390.3 million; and 712 students from different Nunavut Receiving the highest honour that housing starts. The review con- communities received one of the can be accorded to a citizen of the tains new data tables on justice Royal Canadian Mint’s 2009 gold coins to mark the 10th anniversary province were Wilma Hambly, and the health of Islanders, and of Nunavut’s creation. The coins Elmer MacDonald and Frank can be viewed in its entirety at were designed by international- Zakem. First conferred in 1996, www.gov.pe.ca/photos/oroginal/ the honour is awarded annually pt_annualreview.pdf. ly-renowned Pangnirtung artist as a means of recognizing those Andrew Qappik. Following the Islanders who have shown indi- announcement of the contest win- vidual excellence or outstanding ners, Speaker Arreak proceeded to

38 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 unveil a retrospective exhibition 2009-2010 main estimates and de- Nunavut’s new Official Languages of photographs and other memo- partmental business plans. Act, which received Assent on June nd rabilia from the first decade of Four bills were passed by the 4, 2008, during the 2 Legislative Nunavut’s Legislative Assembly. Legislative Assembly in June: Assembly of Nunavut. This Act Later that afternoon, a portrait replaced the Official Languages • Bill 1, Appropriation (Operations of former Speaker Peter Kilabuk and Maintenance) Act, 2009- Act that was inherited by the ter- was unveiled. 2010; ritory in 1999. The motion, which The day’s sitting of the House • Bill 2, Supplementary was seconded by Minister of began with the delivery of the Appropriation (Capital) Act, No. Languages and MLA opening prayer by Bishop Paul 1, 2009-2010; Louis Tapardjuk, was unani- Idlout. Elder Enoapik • Bill 4, An Act to Amend the mously adopted by the House. Sageatok lit a ceremonial qulliq. Income Tax Act; and Mr. Okalik’s motion urged the The Aqsarniit Middle School • Bill 5, Miscellaneous Statutes Senate’s Standing Committee on Choir led the singing of O Canada, Amendment Act, 2009. Legal and Constitutional Affairs different passages of which were • Bill 3, the proposed Western to swiftly conclude its study of delivered in Inuktitut, English Canada Lottery Act, remains the Senate’s motion for concur- under consideration. and French. rence, which had been referred to A number of substantive Speaker Arreak welcomed the committee for consideration motions have been passed to a number of dignitaries to the subsequent to its introduction by date during the 3rd Legislative Visitors’ Gallery, including Senator Gerald Comeau on June Assembly. On March 25, 2009, Nunavut Member of Parliament 2, 2009. This motion had been sec- Minister of Environment and and Minister of Health Leona onded by Nunavut Senator Willie Arviat MLA Daniel Shewchuk Aglukkaq, Minister of Indian Adams. A similar motion had been introduced a motion to express and Northern Affairs Chuck passed by the House of Commons the Legislative Assembly’s op- Strahl and Nunavut Tunngavik on June 1, 2009, following its in- position to the European Union’s Incorporated President Paul troduction by Nunavut Member proposed ban on the importa- Kaludjak. of Parliament Ms Aglukkaq. tion of seal products. The motion, On June 10, 2009, Messrs. Commissioner of Nunavut Ann which was seconded by Tapardjuk and Okalik ap- Meekitjuk Hanson was subse- MLA Johnny Ningeongan, was peared before the Senate’s quently invited into the Chamber unanimously adopted by the Standing Committee on Legal to deliver the Opening Address, House. which focused on the contents and Constitutional Affairs to On June 4, 2009, of the Government of Nunavut’s provide testimony. On June 11, MLA introduced a mandate document, Tamapta: 2009, the Senate adopted the motion to suspend MLA Building our future together. motion to concur in the passage of from sittings of Nunavut’s Official Languages Act. Premier and MLA the House until the conclusion of A number of significant ap- subsequently rose in its spring sitting. The preamble pointments have been made to her place to deliver a Minister’s to the motion noted the House’s date during the 3rd Legislative Statement. The statement offered displeasure with the Member’s Assembly. On January 26, 2009, reflections on the creation of the absences without reasonable ex- the Legislative Assembly rec- territory and articulated her gov- planation from meetings of the ommended the appointment ernment’s agenda for its term of Legislative Assembly’s commit- of Alexina Kublu of Iqaluit to office. tees and caucuses. The motion, serve as Nunavut’s Languages nd which was seconded by The 2 Session reconvened on Commissioner. This position is MLA , was unani- June 4, 2009. Minister of Finance one of a number of independent mously adopted by the House. and MLA Keith officers who report directly to the Peterson delivered his first On June 8, 2009, Mr. Okalik Legislative Assembly. Ms. Kublu Budget Address. The proceed- introduced a motion concerning is a former language teacher, ings of the Committee of the the Senate of Canada’s consid- author and Senior Justice of the Whole during the spring session eration of a motion, pursuant to Peace. were dominated by the scrutiny section 38 of the federal Nunavut On March 27, Speaker Arreak of the Government of Nunavut’s Act, to concur in the passage of announced the establishment of

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 39 an Independent Commission to Committee to respond to Members’ the subsequent by-elections in Review Members’ Indemnities, questions concerning the observa- the constituencies of Akulliq and Allowances, Expenses and tions and recommendations in the . Benefits. The Commission’s man- Auditor General’s report. On June date is provided for in section 8, 2009, the Committee presented Alex Baldwin 37 of the Legislative Assembly and its own report to the House. The Office of the Legislative Assembly Executive Council Act, which was Committee requested that the passed in 2002. This is the first time Government, pursuant to Rule that an Independent Commission 91(5) of the Rules of the Legislative has been established in Nunavut. Assembly, provide a comprehen- Former Speaker Kilabuk was sive written response to its report appointed Chairperson of the within 120 days. Commission. The other com- The Committee’s report also missioners are Messrs. Ryan St. noted its intention to hold hear- John of Arviat and Chris West ings during the fall of 2009 on the of Iqaluit, both of whom are Auditor General’s most recent re- members of Nunavut’s business ports to the Legislative Assembly, community. The final report of which were tabled in the House Ontario the Independent Commission by Speaker Arreak on April 1, will be tabled in the Legislative 2009. One of these reports con- n June 4, 2009 the spring Assembly. cerned the financial management Osittings of the Ontario Earlier this year, the 3rd practices of the Government of Legislative Assembly came to a Legislative Assembly estab- Nunavut’s Department of Health close as the House adjourned for lished a number of Standing and Social Services. the summer. The recess marked a Committees. The Standing The other Standing Committees pause in a busy session that saw 59 Committee on Oversight of of the 3rd Legislative Assembly bills introduced for First Reading Government Operations and are: and 23 bills receiving Royal Public Accounts (OGOPA) con- Assent. However, with employees • Standing Committee on sists of all ten Regular MLAs. The Legislation (Chaired by Mr. of the City of Toronto currently on Committee elected MLA Okalik and Co-Chaired by Mr. strike, there existed the possibility James Arvaluk as its Chairperson Ningeongan); that the Assembly could return and South Baffin MLA Fred • Standing Committee on Social sooner then the date prescribed Schell as its Co-Chairperson. The Wellness (Chaired by Baker by the parliamentary calendar. Committee’s mandate includes re- Lake MLA Moses Aupaluktuq At the time of writing, the House sponsibility for reviewing the re- and Co-Chaired by remained adjourned. MLA Ron Elliott); ports of the Auditor General. • Standing Committee on Committees On May 6, 2009, Auditor Community and Economic On June 29, 2009, the Select General of Canada Sheila Fraser Development (Chaired by Committee on Elections released made her seventh appearance Pangnirtung MLA Adamee its Report entitled Modernizing before a Standing Committee Komoartok and Co-Chaired by Hudson Bay MLA Allan Ontario’s Election Legislation. Over of the Legislative Assembly of Rumbolt); and the last year, the four-member Nunavut on the occasion of the • Standing Committee on Rules, Committee, chaired by Greg consideration of her 2008 report Procedures and Privileges Sorbara, was mandated to con- to the Legislative Assembly on the (Chaired by Mr. Elliott and Co- sider the current effectiveness Nunavut Housing Corporation Chaired by Mr. Okalik). of the Election Act, the Election (NHC), which is one of the nd rd The 2 Session of the 3 Finances Act and the Representation Government of Nunavut’s Crown Legislative Assembly will recon- Act in the preparation, adminis- corporations. The Committee un- vene on November 24, 2009. It is tration and delivery of elections dertook two days of hearings on anticipated that Speaker Arreak in Ontario. The Committee heard her report, which were held in will table the Chief Electoral presentations from Ontario’s cur- the Chamber of the Legislative Officer of Nunavut’s report on rent and former Chief Electoral Assembly. Witnesses from the the conduct of the October 2008 Officers, Greg Essenza and John NHC also appeared before the Nunavut general election and Hollins. The Committee also

40 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 invited Returning Officers to plan to commence reviews of the 7, 2009 and after clause-by-clause share observations about their ex- following 6 agencies (2 select- consideration, reported the bill periences administering Ontario’s ed per caucus) over the coming back to the House without amend- election legislation, and received a year: Ontario Municipal Board; ment on May 13. The bill received strong response from throughout Ontario Power Generation Inc.; Royal Assent on May 14. the province. Royal Ontario Museum; Ontario The Standing Committee on The Select Committee on Pension Board; Hydro One Inc.; Social Policy considered Bill 157, Mental Health and Addictions and Landlord and Tenant Board. An Act to amend the Education has been holding public hearings In May and June the Chair Act. This bill was intended to pursuant to an Order of the of the Committee, Julia Munro, make schools safer by requiring House dated February 24, 2009. presented three reports to that incidents for which students The Committee is mandated the House on the following could be suspended or expelled to report its observations and completed agency reviews: are appropriately reported to recommendations with respect to Ontario Infrastructure Projects principals, parents and guardians. a comprehensive Ontario mental Corporation (Infrastructure It also requires school staff health and addictions strategy. Ontario), The Ontario Educational to intervene in instances of The Committee heard from Communications Authority inappropriate or disrespectful various Ministries and expert (TVO), and the Ontario Trillium student behaviour that could witnesses in the months of April Foundation. have a negative impact on the and May, and travelled for public In its report on Infrastructure school climate. The Committee consultations to Windsor, St. Ontario, the Committee made heard oral submissions on May 4, Thomas, Hamilton and Kingston comments and recommendations 2009, and after clause-by-clause in June. on enhancing public disclosure, consideration, reported the bill On May 12, the Standing infrastructure and economic de- back to the House with certain Committee on Estimates began velopment, and management of amendments on May 13. The bill its review of the Estimates the Darlington nuclear procure- received Royal Assent on June 5, of the Ministry of Economic ment project. The Committee’s 2009. Development, the first of TVO report urged TVOntario to Other Matters 11 ministries selected for explore the feasibility of (1) pro- consideration. It was during his ducing a weekly Ontario-specific On June 7, 2009, Michael Bryant appearance before the Committee program on parliamentary and resigned as the Member for the – scheduled over three days – that political events, and (2) broadcast- riding of St. Paul’s. He was first the Minister responsible, Michael ing Ontario’s Question period at a elected to the Legislature on June 3, Bryant, resigned his cabinet more viewer-friendly time. Both 1999 and served in both opposition position. The Premier assumed the recommendations required TVO and government over his 10 year Economic Development portfolio, to report back to the Committee career. He has been the critic to and the Ministry was represented within 90 days. the Attorney General, Human Rights and Energy portfolios by its Parliamentary Assistant, The Standing Committee on Jean-Marc Lalonde, for the final and has also held the positions Justice Policy considered one of Attorney General, Minister hours of Committee review. Bill 155, An Act Government bill, Responsible for Democratic to permit the Province to recover The Standing Committee on Renewal, Minister Responsible damages and health care costs in- Government Agencies contin- for Native Affairs, Minister of curred because of tobacco related ued to undertake the review of Aboriginal Affairs, Government diseases and to make a complemen- selected Ontario Government House Leader and Minister of tary amendment to the Limitations agencies, boards and commis- Economic Development. Mr. Act, 2002 sions, pursuant to its permanent . The Act would give the Bryant has since been appointed mandate. The Committee’s work “…Province a direct and distinct the CEO of the City of Toronto’s included ongoing report-writ- action against manufacturers of new marketing corporation Invest ing on its reviews of the Ontario tobacco products to recover the Toronto. Securities Commission, Human cost of health care benefits caused Rights Tribunal of Ontario, and or contributed to by a tobacco On June 27, 2009, Tim Hudak, Ontario Racing Commission. The related wrong.” The Committee the Member for Niagara West- Committee also approved a work heard oral submissions on May Glanbrook, was elected leader

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 41 of the Ontario Progressive . The letter pro- Conservative Party. He was vided general advice regarding challenged for the leadership by Bill 43, pursuant to the Conflicts of caucus colleagues Randy Hillier, Interest Act, in particular section Christine Elliott and Frank Klees, 2(2) which requires that Members and won on the 3rd ballot. He was who have reasonable grounds to first elected to the Legislature on believe that they, their minor or June 8, 1995. He was a member of adult children, or their direct as- cabinet from 1999 to 2003 serving sociates have a private interest as the Minister of Northern Alberta in a matter before the Legislative Development and Mines, the Assembly must declare that inter- Minister of Culture Tourism and est and withdraw without voting Recreation, and the Minister of he Spring Sitting of the Sec- on or participating in the consid- Consumer and Business Services. Tond Session of the Twenty- eration of the matter. Seventh Legislature adjourned on As the new Leader of the In this letter, the Ethics June 3, 2009, after 48 sitting days Official Opposition, Mr. Hudak Commissioner stated that he had for a total of just over 215 sitting replaces Robert Runciman previously advised Members who hours. By the conclusion of the who had held the post since were producers affected by the Bill sitting, 47 Government Bills, one November 1, 2007. Prior to the that they could participate in the Private Members’ Public Bill and last question period before the vote on the Bill as it was his opin- three Private Bills were passed by summer adjournment, each Party ion that it was a matter of general the Assembly. Five Government took the opportunity to thank application. However, after re- Bills and four Private Members’ Mr. Runciman for his service. viewing Bill 43, he determined it Public Bills, were left on the Order The Premier, after expressing his was not a matter of general appli- Paper in addition to other Private praise and gratitude, even went cation but rather a private inter- Members’ business items. so far as to offer a recess should est since producers could request some of Mr. Runciman’s coming Privilege refunds of service charges, which questions need to be softened and On June 2, 2009, Liberal Kevin for some Members would be con- rephrased, in the generous spirit Taft (Edmonton-Riverview) sidered a direct financial benefit. of the moment. However, Mr. raised a purported question of He advised that those Members Runciman declined the offer! privilege alleging that the Ethics should declare that interest and Bill Murdoch, the Member for Commissioner interfered with his withdraw without participating the riding of Bruce–Grey–Owen ability to perform his functions as in the debate or voting on the Bill. Sound, is once again a member a Member by providing conflict- After the letter was read to the of the Ontario Progressive ing advice as to whether he could Assembly, Dr. Taft contacted the Conservative Party caucus. Mr. participate in debate on a Bill. Ethics Commissioner to clarify Murdoch rejoined the caucus The Bill in question was Bill 43, his personal situation since his on April 23, 2009, after sitting as Marketing of Agricultural Products father-in-law owns a small herd an independent Member of the Amendment Act, 2009 (No. 2), of cattle. At that time, the Ethics House since September 18, 2008. which amends the Act by allow- Commissioner advised him to With Mr. Murdoch sitting again ing producers in four commodity recuse himself from debating and as a Progressive Conservative, groups – beef, pork, sheep and voting on Bill 43. He was also ad- and with the current vacancy, lamb, as well as potato growers – vised by the Ethics Commissioner the Party standings are currently to request refunds on the service that he should not ask questions 71 Liberals, 25 Progressive fees they pay to agricultural com- regarding the Bill during question Conservatives, 10 New Democrats missions that represent them. period. and 1 vacant. While presenting his argu- On June 1, 2009, Dr. Taft ments, Dr. Taft referenced a received a letter from the Trevor Day letter dated May 21, 2009, from Ethics Commissioner’s office Committee Clerk the Ethics Commissioner Neil apologizing for his earlier advice Wilkinson that had been read and informing Dr. Taft that he into the record of the Assembly could participate in further debate on May 25, 2009, by Speaker as well as vote on Bill 43. At this

42 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 point, the Bill had already been number of committees will be reported to the Assembly by able to meet simultaneously, thus Committee of the Whole. making it easier to carry out the mandates they receive. During his arguments in sup- port of a prima facie case of privi- Another objective of the reform lege Dr. Taft included sugges- is to bring the Assembly closer to tions for possible remedies to the the citizens. In this regard, several problem such as amending the measures were put into place Act and requiring that the Ethics he parliamentary proceedings to facilitate the participation of Commissioner have a legal back- Tof the First Session of the citizens in public affairs. Thus, it ground. 39th Legislature were adjourned shall now be possible for them to make on-line comments on any On June 3, 2009, Speaker on June 18, 2009 for the summer matter discussed in committee. Kowalski found no prima facie case holidays. At the end of this work On-line consultations may also of privilege. He did, however, period, the Members of the be held at the request of the recommend the following: National Assembly of Québec had passed 37 public bills and Assembly or on the initiative of • that the Ethics Commissioner a committee. Moreover, when meet with caucuses to discuss 12 private bills. The Assembly and receive input on the appli- will resume on September 15, general consultations are held, cation of the Conflicts of Interest 2009, in compliance with the new citizens will now have the Act; parliamentary calendar adopted possibility of forwarding briefs • that Parliamentary Counsel and within the framework of the recent electronically and committees counsel from the Department parliamentary reform. may choose to hear citizens who of Justice and Attorney forwarded requests to be heard General meet with the Ethics Parliamentary Reform without having produced briefs. Commissioner to discuss the Legislation; On April 21, 2009, the National For further information on the • that the Speaker and Minister Assembly completed a major objectives of this reform, please of Justice and Attorney General parliamentary reform by adopting visit the Assembly’s Internet site should avail themselves to the a series of new rules to amend its at: http://assnat.qc.ca/fra/reforme/ Ethics Commissioner to discuss Standing Orders. Three reform index.html. issues regarding the applica- proposals tabled in recent years tion of the Act; and contributed to the reflection Cabinet Shuffle • prior to the fall sitting, the leading to adoption of the new Ethics Commissioner provide Premier Jean Charest carried out an interpretation of the Act rules. a Cabinet shuffle on June 23, 2009. and what constitutes a private One of the principal objectives The new Member for Marguerite- interest. is to increase the efficiency of Bourgeoys, Clément Gignac, Caucus Changes Members’ work. To attain this, was named Minister of Economic the Members adopted a new Development, Innovation and Progressive Conservative Member parliamentary calendar and Export Trade, in place of Raymond (Fort McMurray- work schedule allowing them to Bachand, who remains Minister Wood Buffalo) was removed plan their work more efficiently of Finance. Claude Béchard leaves from Caucus on July 17, 2009, at the Assembly and in their the Ministry of Natural Resources by Premier after he riding. Hence, this September and Wildlife to go to Agriculture, publicly criticized the govern- the Assembly proceedings will Fisheries and Food, in addition to ment’s decision to stall construc- extend over a longer period and taking the portfolio of Canadian tion of a long-term care facility will begin one month sooner. The Intergovernmental Affairs in Fort McMurray. Mr. Boutilier, increase in sitting days enables, on and the Reform of Democratic a former minister in Premier the one hand, to reduce the period Institutions. Laurent Lessard Stelmach’s cabinet, will now sit as during which the Assembly has leaves Agriculture, Fisheries the Assembly’s sole independent extended hours of meeting to two and Food to head the Ministry Member. weeks and, on the other hand, to of Municipal Affairs, Regions ensure that the sittings end no and Land Occupancy. Nathalie Micheline Gravel later than 10.30 p.m. rather than at Normandeau, Deputy Premier, Clerk of Journals/Table Research midnight. Furthermore, a greater was appointed to the Ministry of

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 43 Natural Resources and Wildlife. Francophonie and of cultural and then re-elected in 2003, 2007 dialogue, is an initiative of the and 2008, he is a former Minister Parliamentary Simulation Assemblée parlementaire de la of Industry, Trade, Science and On May 1, 2009, the President Francophonie. Its purpose is to Technology, Minister of State of the National Assembly, Yvon recognize the eminent merits for Education and Youth, Vice- Vallières, welcomed more than of public figures who have Chairman of the Conseil du trésor, 120 sixth-grade elementary distinguished themselves by Minister of State for Education and students on the occasion of the serving the Francophonie’s ideals Employment and Minister of State 13th Pupils’ Parliament. These of cooperation and friendship. for Health and Social Services. young people, hailing from The National Assembly The composition of the Assembly all regions of Québec, had the delegation that accompanied is now: Québec Liberal Party, 67 opportunity of playing the role of Mr. Vallières to this APF session Members; Parti Québécois, 50; Member for a day and of debating was composed of Henri- Action démocratique du Québec, issues that particularly concern François Gautrin, Vice-President 6; Québec Solidaire, 1; 1 vacant them. of the APF, Québec Section, seat. The apprentice Members Rapporteur of the APF’s Political On May 12, 2009, Mr. Vallières, discussed three bills. The Committee and Member for unveiled the photograph of his first concerned creation of a Verdun; Bertrand St-Arnaud, predecessor, François Gendron, democratic student council in all Vice-President of the APF, who was President from elementary schools throughout Québec Section, Rapporteur 21 October 2008 to 13 January the province, the second regarded of the APF’s Education, 2009. The photograph of the the establishment of sports teams Communication and Cultural 43rd President of the National enabling competitions between Affairs Committee, and Member Assembly is on display in the schools, and the third focussed for Chambly; Stéphanie Vallée, Presidents’ Gallery, located near on the integration into the school Rapporteur of the Network of the main hall of the Parliament curriculum of a culinary art course Women Parliamentarians of the Building. in partnership with a charitable Francophonie and Member for Three former Liberal Members organization. Gatineau; Germain Chevarie, passed away in recent months. Vice-President and Rapporteur of They are Jean-Paul Lefebvre, Assemblée parlementaire de la the Cooperation and Development Francophonie (APF) Member for Ahuntsic from 1966 to Committee and Member for Îles- 1970, Claude St-Hilaire, Member The President of the National de-la-Madeleine; Sylvie Roy, for Rimouski from 1973 to 1976, Assembly, Mr. Vallières, Rapporteur of the APF’s and Louis Vézina, Member for was elected President of the Parliamentary Affairs Committee Montmorency from 1970 to 1973. Francophonie Parliamentary and Member for Lotbinière. Assembly at the 35th session of Other news Sylvia Ford the organization held in Paris Secretariat of the Assembly on July 6. During his nomination On June 22, 2009, by-elections speech, Mr. Vallières set forth the were held in two electoral objectives he intends to pursue divisions to fill seats left vacant by Standing Committees during his term, which specifically the resignation of Mario Dumont The months of April, May and June include strengthening the political and Monique Jérôme-Forget. were very busy for the standing influence of the APF with the The Québec Liberal Party now committees of the National leaders of the Francophonie and counts two new Members: Jean Assembly. The committees consolidating the cooperation D’Amour, elected in Rivière- entered into this period by programmes it implements. Mr. du-Loup, and Clément Gignac, spending close to 200 hours Vallières also was decorated elected in Marguerite-Bourgeoys. examining the Government’s with the Ordre de la Pléiade at On June 25, 2009, François estimates of expenditure. Several the closing of proceedings, on Legault announced his sittings were then set aside for July 6, 2009. He was awarded the resignation as Member for the special consultations and the rank of Grand Croix, the highest electoral division of Rousseau. clause-by-clause consideration honour of the Ordre. Established Elected as a Member of the Parti of numerous bills. The following in 1976, the Pléiade, Order of the Québécois in Rousseau in 1998 is a brief overview of the main

44 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 mandates carried out by the by this organization for the 2008 Entente entre le Québec et la France committees during this period. fiscal year. The hearing of the en matière de reconnaissance mutuelle Last May and June, the Minister of Finance concluded des qualifications professionnelles Committee on Social Affairs held this mandate which had been and similar agreements. As its title four special consultations on initiated in March 2009 with the implies, this bill follows up on bills in close succession. It then hearing of the Minister of Finance the agreement reached on 17 examined these bills clause-by- at the time, Mrs. Jérôme-Forget. October 2008 between the Premier clause, as well as two other bills. Of The Committee also examined of Québec, Mr. Charest, and the the bills referred to the Committee several bills, two of which President of the French Republic, for consideration, Bill 34, An concerned fiscal matters further to Nicolas Sarkozy, on the occasion Act to amend various legislative the budget speeches for the years of his official visit to the National provisions concerning specialized 2007 and 2008. The consideration Assembly. medical centres and medical of Bill 40, An Act to amend the The Committee also gave imaging laboratories, should be Balanced Budget Act and various clause-by-clause consideration to mentioned. Among other things, legislative provisions concerning the Bill 9, An Act to amend the Code of this bill allows the Government implementation of the accounting Civil Procedure to prevent improper to determine, by regulation, the reform, kept the Committee busy use of the courts and promote types of medical treatments that for the greatest number of sittings freedom of expression and citizen can be provided by the private (5 sittings). The consideration of participation in public debate. To sector. Equally noteworthy, Bill this bill, which aims in particular to meet this objective, the bill in 26, An Act respecting clinical and suspend temporarily the effect of particular allows the courts to research activities relating to assisted certain provisions of the Balanced promptly dismiss a proceeding procreation, aims to ensure high- Budget Act, was not completed that is improper. It also specifies quality, safe and ethical practices. before the adjournment of the what may constitute an improper Bills 49 and 51, An Act respecting Assembly proceedings. use of procedure and authorizes the representation of family-type Last April and May, the the reversal of the burden of proof resources and certain intermediate Committee on Labour and if the improper use of procedure resources and the negotiation process the Economy set aside five is summarily established. It for their group agreements […] and sittings for the clause-by-clause should be noted that this bill the Act respecting the representation consideration of Bill 25, An Act to follows up on both public of certain home childcare providers amend the Pay Equity Act. This bill, consultations conducted during th and the negotiation process for their on which special consultations the 38 Legislature with regard to group agreements, and amending had been held, modernizes and strategic lawsuits against public various legislative provisions […], makes certain adjustments to this participation. both constitute a response to the legislative act. Finally, the Committee held ruling rendered in October 2008 The Committee on Culture three days of public hearings by Justice Danielle Grenier, of the held two days of public hearings on Bill 48, Code of ethics and Superior Court, who recognized last June 4-5 on Bill 32, An Act conduct of the Members of the the right to organize of employees to amend the Act respecting the National Assembly. On this working in these areas of activity. professional status and conditions of occasion, it heard in particular the The Committee on Public engagement of performing, recording Jurisconsult of the Assembly and Finance pursued its mandate in and film artists and other legislative the Lobbyists Commissioner. In relation to the results of the Caisse provisions. It subsequently gave summary, this bill affirms the de dépôt et placement du Québec clause-by-clause consideration to principal values of the National last May by holding six days of this bill, whose principal purpose Assembly and establishes the public hearings. On this occasion, is to broaden the scope of this rules of conduct to be observed the Committee heard and Act to include other persons who by Members (incompatible offices questioned former chief executive contribute directly to the creation or posts, conflicts of interest, officers of the Caisse de dépôt et of the artistic work. gifts and benefits, the use of placement, the main depositors State property, etc.). It also sets Last May 14, the Committee on out special rules of conduct for and the Minister of Finance, Institutions gave clause-by-clause Mr. Bachand, on the causes and Cabinet Ministers. Furthermore, consideration to Bill 3, An Act to it requires Members to file a full consequences of the losses carried provide for the implementation of the

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 45 statement disclosing their private Last April 23, the Committee the Québec National Assembly: interests and those of their family on Public Administration elect- www.assnat.qc.ca. members, and provides for the ed a second vice-chairman hail- publication of a summary of such ing from the Second Opposition Christina Turcot interests. Lastly, the bill provides Group, namely François Secretariat of committees for the appointment by the Bonnardel, Member for Shefford. National Assembly of an Ethics The presence of a second vice- Commissioner. chairman at the Committee on Last May, the Committee Public Administration is a mea- on Transportation and the sure stemming from the recogni- Environment held five sittings tion of the Action démocratique during which it gave clause-by- du Québec as a parliamentary clause consideration to Bill 27, An group. Act to affirm the collective nature The Committee tabled the 21st of water resources and provide for and 22nd reports on the account- increased water resource protection. ability of deputy ministers and Initially, special consultations chief executive officers of public were held thereon in September bodies last June. The first report 2008 during the 38th Legislature (it concerns mandates that had not was Bill 92 at the time). This bill been completed in autumn 2008 fter 18 months in govern- confirms the legal status of water owing to the dissolution of the Ament, Saskatchewan Premier by affirming that it is a collective 38th Legislature. In view of the introduced a new pro- resource that is part of the common issues addressed and the efforts vincial cabinet on May 29, 2009. heritage of the Québec nation. It already made, the Members of the Four new Ministers were sworn also recognizes the right of every 39th Legislature chose to complete in, while others received addi- natural person to have access to the work initiated by their prede- tional duties. In announcing the safe drinking water and sets out cessors. This report thus contains shuffle, the Premier said he was certain principles, including the observations, conclusions and making the changes to “build on duty to prevent damage to water recommendations concerning Saskatchewan’s economic mo- resources and repair any such Revenu-Québec, the Société de mentum,” and to give cabinet “a damage. développement des entreprises strong combination of youth and In June, the Committee held culturelles and the Ministry of experience.” special consultations and gave Health and Social Services (from First-term MLA , who clause-by-clause consideration the vantage point of medical sup- previously served as Legislative to Bill 42, An Act to amend the plies and equipment). This report Secretary to the Minister of Environment Quality Act and other also addresses the use of public Education, became Minister of legislative provisions in relation to funds by the former Lieutenant- Highways and Transportation climate change. The purpose of this Governor of Québec. and Minister Responsible for bill is to reduce greenhouse gas The second report follows Saskatchewan Transportation emissions (GHG), which affect up on the hearings held by the Company. Another newcomer the quality of the atmosphere Committee in May and June 2009. to the Saskatchewan Legislative and contribute to global warming The first chapter concerns the Assembly, , holds and climate change. It provides Régie des alcools, des courses the post of Minister of Municipal that the Government is to set et des jeux as regards its perfor- Affairs. Mr. Harrison was former- greenhouse gas reduction targets mance, the issuing of permits and ly a Member of Parliament and an using 1990 emissions as the supervision, and the second chap- advisor in the federal government baseline. Furthermore, it allows ter concerns the business relations before being elected to serve pro- the Government to put in place, of general and vocational colleges vincially. by regulation, all the mechanisms with partners. The former Chair of the required to implement a GHG For further information on the Standing Committee on Crown emissions cap-and-trade system, standing committee proceedings, and Central Agencies, Dustin commonly called “carbon please visit the Internet site of Duncan, becomes the youngest market”. member of cabinet, taking over

46 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 as Minister of Tourism, Parks, legislative secretaries to assist Since the conclusion of the Culture and Sport at age 29. The various Ministers investigate di- public submissions, the commit- final fresh face in cabinet be- verse areas such as at-risk youth, tee has commenced work on the longs to veteran MLA D.F. (Yogi) recycling, surgical wait times, and substantive report that will sum- Huyghebaert, who now serves agricultural programs. marize the testimony received as Minister of Corrections, Public and offer the committee’s recom- Safety and Policing. An MLA Committee Activities mendations to the Assembly. since 2000, Mr. Huyghebaert was Subsequent to the cabinet shuffle, NDP Leadership opposition critic for many minis- several changes were made to the tries, and was most recently Chair memberships of the legislature’s Following close on former Premier of the Standing Committee on the standing committees. New mem- Lorne Calvert’s resignation, long- Economy. bers were named and new Chairs serving NDP MLA Harry Van Some of the more familiar were elected to each committee Mulligen announced he would faces in cabinet received new on June 15. Crown and Central cede the Regina Douglas Park seat responsibilities as well. June Agencies is now chaired by Tim he had held for 23 years. Hoping Draude, formerly Minister of McMillan, is the to hold on to the seat for the NDP First Nations and Métis Relations new head of the Human Services is the newly-elected leader of the and responsible for Northern committee, takes party, Dwain Lingenfelter. The Affairs, is now Minister of over the Economy committee, party held its leadership conven- Crown Investments Corporation, Warren Michelson chairs the tion in Regina on June 6, select- Information Technology Office, Intergovernmental Affairs and ing the former Deputy Premier Public Service Commission, and Justice committee, the Private Bills on the second ballot. Mr. Van Provincial Secretary. Taking committee is helmed by Serge Mulligen revealed his decision over the First Nations and LeClerc, and the Public Accounts to retire shortly after the conven- Northern Affairs portfolios as committee Chair is now Trent tion, saying he had decided not to well as Saskatchewan Gaming Wotherspoon. run again in the 2011 election and Corporation is Bill Hutchinson, In June, the Standing Committee wanted to give Mr. Lingenfelter who leaves the Ministry of on Human Services held four days an early opportunity to run for a Municipal Affairs. of hearings on the government’s seat in the Legislature. moves from Tourism to take the proposed changes to the legisla- By-elections in both Regina reins at Government Services and tion governing labour relations Douglas Park and Saskatoon Saskatchewan Liquor and Gaming in the construction industry, Bill Riversdale, Mr. Calvert’s former Authority. No. 80 – The Construction Industry constituency, are expected before Bill Boyd retains his post Labour Relations Amendment Act, the fall sitting of the Legislative as Minister of Energy and 2009. Submissions were heard Assembly begins in late October. Resources, but takes on sup- from 19 groups and individuals, In the meantime, the NDP caucus plementary responsibili- and the Minister and his officials has named Len Taylor the interim ties for SaskPower, Uranium also appeared before the commit- Leader of the Opposition. Deb Development Partnership, tee. Higgins, the only sitting MLA Innovation Saskatchewan, Opponents of the amending who also contested the party and Saskatchewan Research bill spoke mostly of the desire to leadership, becomes the deputy Council. In addition to maintain the current collective leader. SaskPower, all the other Crown bargaining system, which allows corporations were added to for unionized construction indus- Joelle M. Perras various Ministers’ portfolios: try workers to be organized only Committee Researcher SaskTel will be overseen by Don by trade or skill groups. Other Morgan, Minister of Justice; groups in favour of the proposed , Minister of amendments applauded open- Enterprise, is responsible for ing Saskatchewan’s construction SaskEnergy; and Minister of industry to allow non-traditional Environment unions to represent workers and takes the helm at SaskWater. permit unions to represent all Premier Wall also named eight workers on a single project.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 47 On June 19, 2009, the main es- and would adjourn during timates for the fiscal year ending the week of September 21, March 31, 2010, less the amounts reconvening on September 28, 2009; voted in interim supply, were concurred in. On the same day, • required the tabling of an- other report to Canadians on the Supplementary Estimates (A), the week of September 28, in for the fiscal year 2009-10, which addition to the accountability were tabled on May 14, 2009, reports to be tabled at the end House of Commons were also concurred in. Bills C-48 of each supply period; and, and C-49 (Acts for granting to Her • established that the first supply day would be held three days uring the months of May and Majesty certain sums of money for the federal public administration for after the presentation of that DJune, the House was very ac- report, provided that this allot- tive as it finalized the estimates the financial year ending March 31, ted day would be deemed to be and passed legislation. On June 2010) passed all legislative stages the first in the supply period 11, 2009, the Minister of Finance, on June 19, and received Royal ending December 10, 2009. Assent on June 23, 2009. Jim Flaherty, tabled a document Legislation entitled “Canada’s Economic Ac- In the context of much discus- tion Plan — A Second Report to sion on Parliament Hill about the During debate on Bill C-8 (An Act Canadians — June 2009”. This possibility of a summer election, respecting family homes situated on was the second instalment of the also on June 19, 2009, the last al- First Nation reserves and matrimo- accountability reports or “report lotted day of the supply period nial interests or rights in or to struc- cards” which were to be tabled ending June 23, the Member for tures and lands situated on those pursuant to the Liberal amend- Wascana and House Leader for reserves), the Liberal Member for ment to the budget, adopted on the Official Opposition, Ralph Labrador, Todd Russell, moved a February 3, 2009. Goodale moved an opposition hoist amendment that Bill C-8 be not now read a second time but Financial Procedures motion which sought to tempo- rarily amend Standing Order that it be read a second time this On May 4, 2009, on the motion 81(10) for the balance of 2009. day six months hence. While the of the leader of the Official The motion, which was adopted adoption of a hoist amendment Opposition, Michael Ignatieff, all 214-82, stipulated that, for each would have been tantamount to Votes under Fisheries and Oceans supply period: defeating the bill by postponing and all Votes under Agriculture its consideration; the amendment • the first allotted day shall be and Agri-Food in the Main between the ninth and thir- was narrowly defeated on May 25, Estimates for the fiscal year ending teenth sitting day after the 2009. March 31, 2010, were withdrawn commencement of the supply The same day, the Bloc period; from their respective standing Québécois Member for committees and deemed referred • no fewer than four and no Sherbrooke, Serge Cardin, moved to Committee of the Whole. Votes more than seven days shall pass between each allotted day; a reasoned amendment to the under Agriculture and Agri-food second reading motion of Bill C-23 • the last allotted day shall not were considered in and deemed which stated “That the House de- reported by Committee of the be more than seven sitting days before the last sitting day in the cline to give second reading to Bill Whole on May 14, 2009, and those supply period, and, C-23, An Act to implement the Free under Fisheries and Oceans on • the Speaker shall, after consul- Trade Agreement between Canada May 28, 2009. tation with the House Leaders, and the Republic of Colombia, the On May 29, 2009, on the table in the House no later than Agreement on the Environment be- motion of the leader of the Official December 1, 2009, a proposed tween Canada and the Republic of formula for a fair and even Opposition, it was deemed ad- distribution of allotted days in Colombia and the Agreement on opted that consideration of the each of the supply periods of Labour Cooperation between Canada main estimates by the Standing 2010. and the Republic of Colombia, be- Committee on Finance be ex- In addition, the motion: cause the government concluded tended beyond May 31, 2009. The this agreement while the Standing • amended the House calendar Committee did not report back to so that the House would Committee on International Trade the House before the House ad- reconvene on September 14, was considering the matter, there- journed for the summer. instead of September 21, 2009, by demonstrating its disrespect

48 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 for democratic institutions”. The year. On June 16, 2009, the Standing bill was not called for debate again Given the questions surround- Joint Committee on the Library before the House adjourned and ing the invitation, the Committee of Parliament’s presented its therefore no decision has yet been adopted the following motion “Report on the Operations of the taken on the reasoned amend- on May 11, 2009: “That the Chair Parliamentary Budget Officer ment. Of note, however, was the seek a legal opinion from the Law within the Library of Parliament” appearance of the President of Clerk concerning the legal issues to the House and to the Senate. Colombia before an informal involved in expediting the ap- During the months of May and meeting of the committee on pearance of Mr. Abdelrazik’s ap- June, standing, special, and stand- June 11, 2009, where he urged the pearance before the Committee ing joint committees presented a adoption of the bill. and the ability of a country to total of 83 reports to the House; Standing Order Changes repatriate a citizen whose name 13 on legislation; 14 on supple- appears on the United Nations mentary and main estimates; and On May 15, 2009, the Standing no-fly list under Resolution 1267”. 56 on other matters including self Committee on Procedure and The Law Clerk appeared on June initiated studies, changes in mem- House Affairs presented its 1, 2009, and the following ques- bership, Governor-in-Council ap- Twelfth Report to the House tions were addressed: does a com- pointees, questions of privilege, entitled “Review of Standing mittee and/or Parliament have the and Auditor General Reports. The Orders 153 (List of Reports) and power to repatriate a Canadian total number of reports presented 156 (Editorial Corrections)”, and citizen?; does a committee and/ to the House to date during the on June 3, 2009, the Committee or Parliament have the power to Second Session, (January to June, presented its Eighteenth Report summon a witness who is out of 2009) was 141. entitled “Matters Related to the the country?; what is the breadth Conflict of Interest Code for Members and reach of a committee’s and/or Other Matters of the House of Commons”. On June Parliament’s power with regards On May 5, 2009, the House, by 4, 2009, by unanimous consent, to Canadian embassies; and, what unanimous consent, waived the the House concurred in both aspects of an issue can be debated notice period for a take- note Reports. Consequently numer- when a matter is before the courts debate in order to allow for a ous amendments were made to (the sub judice convention)? debate on the seal hunt and the the Standing Orders and Conflict The Committee subsequently European Parliament’s recent de- of Interest Code for Members of the cision to ban the importation of House of Commons. adopted the following motion: “That the Chair write to the seal products. The Clerk of the House of Minister of Foreign Affairs re- On May 25, 2009, the Speaker Commons, Audrey O’Brien, questing him to provide travel informed the House that a va- along with the Law Clerk, Rob documents to Mr. Abousfian cancy had occurred in the rep- Walsh, and the Chief Information Abdelrazik, a Canadian citizen resentation in the House due Officer,Louis Bard, had appeared who has been stranded in Sudan to the resignation of Paul Crête before the committee regarding since 2003”. Mr. Abdelrazik ar- (BQ), Member for the Electoral the subject matter of the Twelfth rived in Canada on June 27, fol- District of Montmagny–L’Islet– Report on May 14, 2009. lowing an order made by a Federal Kamouraska–Rivière-du-Loup, Committees Court judge. on May 21, 2009. On June 4, 2009, the Clerk of the On May 4, 2009, the Standing On June 2, 2009, the Leader of House of Commons, along with Committee on Foreign Affairs and the Government in the House of the Law Clerk, and the Director International Development adopt- Commons, Jay Hill, sought and General of Human Resources ed the motion, “That, pursuant to received unanimous consent to and Corporate Planning, Kathryn move “That, notwithstanding any Standing Order 108(2), Abousfian Butler Malette, appeared before Standing Order or usual practice Abdelrazik be asked to appear the Standing Committee on before the Standing Committee”. of the House, on Wednesday, June Procedure and House Affairs Mr. Abdelrazik is a Canadian citi- 3, 2009, Statements by Ministers regarding its study of the rules zen who had been in Sudan since should take place at the expiry in respect of non-attendance 2003 and had been staying at the of the time provided for Oral of Members of the House of Canadian embassy for the past Questions followed by a moment Commons. of silence....” The motion was

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 49 agreed to and on the following day As anticipated in the previous announced its intention to pres- the Minister of National Defence, issue, there were two recounts. ent a new provincial budget on Peter MacKay, made a statement In Cariboo-Chilcotin, the Liberal September 1. to commemorate the 65th anni- challenger defeat- versary of D-Day. Statements by ed the NDP incumbent Charlie New Cabinet Appointments representatives of each of the op- Wyse; and in Delta South, an Premier an- positions parties followed and the independent candidate Vicki nounced his new cabinet on June Speaker then invited the House Huntington scored an upset vic- 10. The Executive Council has in- to rise and observe a moment of tory over Attorney General Wally creased from 22 to 25 members, silence. Oppal. The final election results and six other MLAs are named as On June 9, 2009, the Government confirm that: parliamentary secretaries. House Leader moved a motion to • the new 85-seat parliament Newly elected Liberal MLAs in extend the sittings of the House will have 49 Liberals, 35 cabinet are: , Minister New Democrats and one which stated, “That, pursuant Independent; of Public Safety and Solicitor to Standing Order 27(1), except General; Margaret MacDiarmid, • the governing and opposition for Friday, June 12 and Friday parties’ respective share of Minister of Education; Mary June 19, 2009, commencing on the popular vote was virtually McNeil, Minister of State for the Wednesday, June 10, 2009, and unchanged from the 2005 elec- Olympics and ActNow BC; Ben concluding on Tuesday, June 23, tion, with the Liberals receiv- Stewart, Minister of Citizens’ 2009, the House shall continue to ing 46 percent and the NDP 42 Services; , Minister percent; sit until 10:00 p.m.”. The motion of Advanced Education and was defeated by a vote of 138-134. • the turnout of eligible voters Labour Market Development; was 51 percent (7 percent lower On June 19, 2009, the House than in 2005). Steve Thomson, Minister of Agriculture and Lands; and resolved to bestow the title “hon- The election was held in con- , Minister orary Canadian citizen” on His junction with the second referen- Highness the Aga Khan, leader of State for Intergovernmental dum on electoral reform. As re- Relations. of the worldwide Ismaili Muslim ported earlier, 61 percent of B.C. Community. voters preferred the existing first- Also appointed to the new past-the-post system, while 39 cabinet are two returning MLAs: Samy Agha percent opted for the single trans- , who becomes Procedural Clerk ferable vote. Minister of State for Mining, and House Proceedings , who takes on the new 39th Parliament portfolio of Minister of State for The successful Liberal and NDP Climate Action. candidates were officially sworn Opposition Shadow Cabinet in as Members by E. George MacMinn, Clerk of the House, at Later in June, Opposition Leader separate televised ceremonies on Carole James announced her June 8 in the legislative chamber. shadow cabinet. In a shift from The 39th Parliament, which opens last parliament, some key portfo- on August 25, consists of 58 expe- lios now have both a critic and a rienced Members and 27 newcom- deputy critic: advanced education ers, including the first Filipino- and labour market development; Canadian, , and the children and family develop- first Japanese-Canadian, Naomi ment and child care; education, Yamamoto, to sit in the B.C. early learning and literacy; envi- th he 39 provincial general elec- House. ronment; finance and public ac- Ttion was held on May 12, 2009. counts; forests and range and in- The key campaign issues included: On opening day the first item tegrated land management; health the new carbon tax; the potential of business will be the election services; housing and social de- impact of the global recession on of a Speaker, followed later in velopment; and transportation provincial revenues and program the day by the Speech from the and infrastructure. Throne. The government has also spending; and leadership styles. Among returning NDP MLAs,

50 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 twenty-two take on new assign- two months have received Royal in both official languages. It once ments, and five keep the same Assent, other than Bill S-4 which again highlights the Senate’s spe- critic roles they held before the is now before the House of Com- cial consideration for minority election. Three of the seven new- mons. rights as well as its recognition comers have been given lead critic Aboriginal Peoples of the importance of Aboriginal roles: Dawn Black, advanced peoples. This initiative was the education and labour market de- A number of discussions took result of a report of the Standing velopment; Kathy Corrigan, the place in the Senate in May and Committee on Rules, Procedures Olympics and ActNow BC; and June related to Aboriginal peo- and the Rights of Parliament, Lana Popham, agriculture and ples and Northern Canada. In adopted by the Senate on May lands. Ms. Black resigned as the keeping with its tradition of spe- 14, 2008, recommending “that a NDP MP for New Westminster- cial regard for minority rights, pilot project involving the use of Coquitlam in March 2009 to run the Senate chose to return to the Inuktitut in the Senate chamber in the provincial riding of New issue of the Government’s apol- be commenced at the earliest op- Westminster, following the de- ogy to former students of Indian portunity.” Previously, Senators cision of NDP MLA Chuck Residential Schools. Under the Adams and Watt had occasionally Puchmayr not to seek re-election initiative of Senator Serge Joyal, spokend in Inuktitut in the Senate, due to health concerns. P.C., the Senate resolved itself into but without simultaneous inter- a Committee of the Whole twice in pretation. June in order to hear from differ- Kathryn Butler On June 11, the Senate again Committee Researcher ent Aboriginal leaders on progress made during the past year regard- resolved itself into a Committee ing compensation and initiatives of the Whole to hear from Phil taken to heal those Aboriginal Fontaine, National Chief of the peoples who were students under Assembly of First Nations; Kevin the residential school system. Daniels, Interim National Chief of the Congress of Aboriginal Senators heard first from Mary Peoples; and Clément Chartier, Simon, President of the President of the Métis National Tapiriit Kanatami, on June 2. Ms. Council, on progress made Simon’s hearing touched on a since the Government’s apol- number of issues relating to Inuit ogy to former students of Indian culture, language, identity and Residential Schools. education, as well as the need to Senate restore the legitimacy and valid- Mr. Fontaine commended the ity of Inuit language and cultural apology as a watershed moment in Canadian history and the first he two months before the knowledge. Ms. Simon under- lined the need for the Inuit people step towards reconciliation. He Tsummer adjournment saw honed in on the issue of poverty the Senate study and pass a total to participate in the decision-mak- ing process regarding the mul- and stressed that despite the gov- of 23 bills, including both Appro- ernment’s good efforts, its pro- priation Acts, allowing the gov- tiple issues that affect Northern communities. grams still fail to meet current ernment to continue with its eco- needs. Mr. Daniels expressed con- nomic stimulus plans. Among the As the first phase of an impor- cern about the Métis peoples not bills passed were Bill S-4, which tant initiative by the Senate, Ms. being included in the settlement targets identity theft, Bill C-3, Simon, as well as Senators Charlie agreement. Mr. Chartier pointed which enhances Canada’s sover- Watt and Willie Adams, were able out that a small number of Métis eignty over Arctic waters and pro- to speak in the Senate Chamber who attended schools recog- tects them from pollution, and Bill on this occasion in Inuktitut, their nized by the Indian Residential C-38, which expands the Nahanni mother tongue. This represented School Settlement Agreement National Park Reserve to six times the first time that simultaneous will receive compensation, but its current size, making it one of interpretation of an Aboriginal thousands of Métis who had at- the world’s largest National Park language was provided during tended similar schools will not Reserves. All government bills a sitting of the Senate, allowing be compensated. He urged the passed by the Senate during these Senators to follow the proceedings Senate to ask the Prime Minister

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 51 to “refer the question of whether to provide guidance to lobbyists complies with its recommenda- the Métis are included in section regarding the Lobbying Act and tions. 91.24 of the Constitution Act, 1867, the Lobbyists’ Code of Conduct to to the Supreme Court of Canada”, ensure proper compliance. Retirements and to “establish a Métis claims Five Senators retired in the last Committees commission with a mandate simi- three months. Senator Yoine lar to that of the Indian Claims A number of Senate committee Goldstein, an expert in the fields Commission in order to restore reports were recently adopted on of bankruptcy and insolvency law, the land base of the Métis nation.” issues affecting Canada’s North. retired on May 11; Senator Willie After a study by the Standing The Standing Senate Committee Adams, the first Inuk to sit in the Senate Committee on Legal and on Fisheries and Oceans pro- Canadian Senate and an avid ad- Constitutional Affairs, the Senate duced two reports entitled Rising vocate of his people in Northern concurred by motion to the to the Arctic Challenge: Report on Canada, retired on June 22; Legislative Assembly of Nunavut’s the Canadian Coast Guard, and Senator Norman Atkins, a long- new Official Languages Act, which Nunavut Marine Fisheries: Quotas time campaign organizer who now recognizes Inuktitut, French and Harbours, while the Standing sat in the Senate as a Progressive and English as the territory’s offi- Senate Committee on Energy, Conservative, retired on June 27; cial languages. As Senator Adams the Environment and Natural Senator Trevor Eyton, who re- said “This act… was the result of Resources tabled a report entitled tired from the Senate on July 12, years of consultation to achieve With Respect, Canada’s North. brought considerable legal and legislation that would recognize On June 16 the Senate ad- business expertise to the Senate; the rights of Inuit in the legislative opted a report of the Standing and finally Senator Mira Spivak, process and ensure that Inuit lan- Joint Committee on the Library an advocate for environmental guages continue to be spoken and of Parliament entitled Report on issues, also retired on July 12. have equality with English and the Operations of the Parliamentary The Senate adjourned for the French as the official languages Budget Officer within the Library of summer break on June 23 and is of Nunavut.” This Act will also Parliament. The study was a result scheduled to resume on Tuesday, help preserve and promote Inuit of differing opinions regarding the September 15, 2009. language and culture by making role of the newly created position Inuktitut a working language and of Parliamentary Budget Officer Katie Castleton allowing the Inuit people to work (PBO) and its status within the Procedural Clerk and get services in the language of Library of Parliament. According Journals Office their choice. to the committee, the PBO, Kevin Page, is an officer of the Library Commissioner of Lobbying of Parliament who reports to The Senate resolved itself into the Parliamentary Librarian. another Committee of the Whole The committee made a number on June 22 to hear from Karen of recommendations, amongst E. Shepherd respecting her ap- which it proposed that the PBO pointment as Commissioner of and the Library’s Parliamentary Lobbying. Ms. Shepherd high- Information and Research Service lighted the importance of the coordinate their activities when Lobbyists Registration System for reviewing government estimates; ensuring the transparency and ac- that all PBO responses to requests Manitoba countability of lobbyists’ activities made by parliamentarians or par- and government decision-making; liamentary committees remain he 3rd session of the 39th Legis- outlined the ongoing develop- confidential until this confiden- Tlature recessed for the summer ment of educational and outreach tiality is lifted by the requesters; break on June 11, 2009. A number programs to ensure that lobby- and that the PBO not release any of government bills passed and ists, public office holders and the report during a general election. received Royal Assent during the public understand the require- The committee also proposed that spring session, including: ments and the rationale of the act; the PBO’s budget be increased to and explained her responsibility $2.8 million, as long as the PBO • Bill 3 – The Forest Amendment Act, which prohibits logging in

52 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 79 out of 80 provincial parks to consider annual reports from Member’s Gallery and all future parks effective the Manitoba Liquor Control April 1, 2009. Commission, the Manitoba Late last year Speaker George • Bill 5 – The Highway Traffic Hydro-Electric Board, the Hickes unveiled the new Amendment Act (Promoting Safer Manitoba Public Insurance Member’s Gallery on the main And Healthier Conditions In Corporation, and the Workers floor of the legislative building. Compensation Board. Motor Vehicles), which prohibits In honour of the accomplish- smoking in cars while children • The Standing Committee on ments of all former members, under the age of 16 are present Legislative Affairs also met in after a one-year education May to consider a number of and to acknowledge their years of period. It also bans the use of Annual Reports from Elections service, this portrait gallery cel- handheld devices that include Manitoba. ebrates every member elected to telephone function or text • The Standing Committees on the Manitoba Legislature through message functions for drivers. Public Accounts met on several general elections and by-elections • Bill 14 – The Consumer Protection occasions to consider reports since 1871. The gallery also fea- Amendment Act (Payday Loans), from the Auditor General tures those appointed members of which permits the government covering a range of topics to set maximum payday loan including: the short lived Legislative Council (the upper house which operated lending rates. ŒŒAudit of the Department of • Bill 27 – The Gaming Control Conservation’s Management in Manitoba from 1871 until 1876). Amendment Act, which of the Environmental improves regulatory oversight Livestock Audit of the Sessional Order of lottery ticket retailers to Province’s Management Following discussions between prevent fraud. of Contaminated Sites and Landfills the parties the House passed a Opposition Day Motion sessional order on June 1, 2009, ŒŒVoluntary Sector Grant Accountability: Perspectives specifying a number of provisions On Tuesday, June 9, 2009 Official for sitting dates and the consider- Opposition Justice Critic Kelvin and Practices – Enhancing Board Governance in Not-For- ation of legislation, including: Goertzen (PC- Steinbach) moved Profit Organizations Report • Deadlines for the completion the following Opposition Day ŒŒAn Examination of RHA of consideration of legislation Motion: Governance in Manitoba during the Spring 2009 sitting; That the provincial government ŒŒReports from the Office of • Directions for the consideration consider refunding the fines the Auditor General of legislation in committee over and court costs collected from the summer break; those people who received The House agreed to extend the photo radar tickets while reporting deadline for the Special • Directions and deadlines for travelling in construction zones the continuation of the current Committee on Senate Reform to session in the early fall of 2009 with no construction workers October 8, 2009 to allow further present and travelling at or to conclude consideration of below the normal speed limit. time for the drafting of the final legislation. report. Following a full afternoon of As a result of this agreement debate on this issue, the House New Lieutenant-Governor the House will be continuing con- defeated the motion on a recorded sideration of a number of bills in After the expiration of John vote of Yeas 21, Nays 33. the fall, including the following Harvard’s five year term as government bills: Standing Committees Manitoba’s Lieutenant-Governor, • Bill 4 – The Community Mr. Phillip Lee has assumed the Manitoba Standing Committees Revitalization Tax Increment duties of this office. The official Financing Act, which states have maintained their active pace: installation ceremony took place that regulations may be made • The Standing Committees in the Legislative Chamber on designating properties as community revitalization on Human Resources, August 4, 2009. A member of the Justice, Legislative Affairs, properties. A corresponding and Social and Economic Order of Canada since 1999 and a community revitalization levy Development met throughout recipient of the Queen’s Golden is then to be paid into a new the spring session to hear Jubilee Medal, Mr. Lee has a dis- fund to be used to make grants public presentations consider tinguished record of leadership to help revitalize communities and neighbourhoods. legislation. within Winnipeg’s cultural com- • The Standing Committee on munity. • Bill 16 – The Police Services Act, Crown Corporations met on which would introduce civilian several occasions in this period

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009 53 oversight and an independent postponed to allow Members of On May 28th the House passed a investigation unit. the House of Assembly to attend Resolution appointing a Members’ • Bill 31 – The Manitoba Floodway the funerals of those killed in the Compensation Review Committee Authority Amendment Act, which tragic Cougar helicopter accident pursuant to subsection 16(1) of the would expand the mandate on March 12th. House of Assembly Accountability, of the authority to include building and maintaining the Speaker Roger Fitzgerald, an- Integrity and Administration Act. east side road; nounced on March 24 that live The Commission which will en- • Bill 36 – The Manitoba webcasts of the proceedings of the quire into the salaries, allowances, Public Insurance Corporation House would be available com- severance payments and pen- Amendment Act, which mencing with the Speech from the sions to be paid to Members of the would increase benefits Throne and that the proceedings House of Assembly must report to for Manitobans who are would be archived on the House the Speaker on or before October catastrophically injured in motor-vehicle crashes. of Assembly website. Previously, 31, 2009. The last such body was the proceedings were available appointed in 1989. Certain private members bills only in real time. will also be held over until the fall, On the same day the House including: On March 3 the Government also adopted a Resolution ap- released the Report of the pointing a retired judge to un- • Bill 217 – The Hunting, Fishing and Trapping Heritage Act, Commission of Inquiry conducted dertake a review of the dismissal, which recognizes the important by Justice Margaret Cameron on in December 2005, by Resolution role of hunting, fishing and Hormone Receptor Testing. The of the House, of the Citizens’ trapping in Manitoba’s heritage Commission had been appointed Representative following a report and the right of Manitobans in the wake of the discovery that by the Auditor General which to hunt, fish and trap in accordance with the law. test results of patients suffering had identified concerns relating from cancer had been faulty. The to the operations of the Office of • Bill 238 – The Service Animals Protection Act, which would Report included 60 recommenda- the Citizens’ Representative. The protects service animals and tions providing direction intended retired Justice has been asked to the people who use them. to address the deficiencies which render an opinion on, inter alia, In accordance with the session- had led to the testing failures. whether or not there was suffi- al order, the 3rd session of the 39th During the current Session cient cause to remove the Citizens’ Manitoba Legislature will resume the House passed the Bill An Act Representative from office. sitting on September 14, 2009, Respecting Apologies. Madame On April 9 the Minister of with the session scheduled to con- Justice Cameron had recommend- Education, Joan Burke was ap- clude on October 8, 2009. ed the enactment of such legisla- pointed Minister of the new tion in her report. The legislation Department of Child, Youth and Rick Yarish provides for the expression of Family Services. Dr. Darin King, Clerk Assistant regret or sympathy to those af- Member for Grand Bank, was ap- Clerk of Committees fected by adverse advents without pointed Minister of Education. admission of liability on the part On July 9 the Ross Wiseman, of the person or entity making the Minister of Health and Community apology. Services was appointed Minister On April 17th, Edward Byrne, of Business while the Paul former Minister of Natural Oram, Minister of Business was Resources, who had pleaded appointed Minister of Health and guilty to charges relating to the Community Services. Newfoundland and constituency spending scandal on The House passed 36 Bills Labrador which we reported in the Autumn during the Spring sitting and ap- 2007 issue of the CPR, was sen- proved a budget of $6,459,399,900. tenced to two years less a day in he Second Session of the For- prison. At the time of writing the The House is expected to re- Tty-Sixth General Assembly trial, which commenced in July, convene in November. convened on March 25th, 2009. The of former MHA James Walsh on Throne Speech which had been similar charges has been ad- Elizabeth Murphy scheduled for March 19th was journed to September. Clerk Assistant

54 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2009