Legislative Reports

on Human Services, during which all remaining stages the following the philosophical differences be- day. The Act designates the fourth tween the two parties were pre- Saturday in November each year as sented and debated. a day on which to acknowledge and The Public Service Essential Services recognize the starvation, hardships Act establishes a framework in and death suffered by the Ukrainian which the rights of workers are bal- people during 1932-1933. The anced with the need to ensure that Holodomor is particularly signifi- essential services are provided dur- cant in Saskatchewan which bene- Saskatchewan ing labour disputes. The act defines fitted from the large number of what services are essential and out- Ukrainian immigrants who settled lines the process to be followed to in and contributed to the growth of he first legislative session under identify those employees necessary the province. the government of the Saskatch- T to maintain services during a work ewan Party came to a close on May By-election results stoppage. 15th. The session was shorter than is the norm under the Assembly’s par- The newly amended Trade Union The by-election to fill the vacancy in liamentary sitting calendar as it was Act now requires 45% written sup- the constituency of Cumberland the first session of a new Legisla- port for an application to certify or was held on June 25th. The by-elec- ture. When the calendar was decertify a union and for any such tion was prompted by the resigna- adopted, allowances were included votes to be conducted by secret bal- tion of Joan Beatty who chose to to afford a new government the lot. Employers will be permitted to resign to seek election to the House flexibility to arrange its parliamen- communicate their views and posi- of Commons in the federal by-elec- tary affairs and not be bound by the tions to their employees. tion for Desnethé-Missinippi-Chur- usual calendar provisions. These The committee chose to devote its chill River. Doyle Vermette special rules take precedence over time to questioning the Minister retained the seat for the New Demo- those used under the regular calen- and his officials rather than invite cratic Party, in a narrow victory dar and are meant to accommodate members of the public to make rep- over the Saskatchewan Party candi- the uniqueness of the first session resentations. The Public Service Es- date, Dale McAuley. An adminis- after a general election. Even sential Services Act became the first trative orientation and swearing in though the government was re- bill to be subject to the expedited ceremony was held for Mr. lieved of the burden of abiding by bills process. Under the Rules of the Vermette in July. the calendar, this did not prevent Assembly, a bill that has received a Death of former MLA other issues from arising and lead- minimum twenty hours of debate ing in part to the introduction of ex- over all stages must be brought to Former Deputy Premier Ed tended hours motions. an automatic vote on the second last Tchorzewski passed away on June Thirty-nine of the forty-two bills day of the session. Both bills re- 6, 2008. Mr. Tchorzewski’s tenure introduced were passed. Notewor- ceived Royal Assent before the in the Assembly began in 1971 and thy among these were two bills that Assembly’s summer adjournment. spanned a total of 25 years over two attracted considerable debate in the The Ukrainian Famine and Genocide periods. He represented the House and in committee. Both The (Holodomor) Memorial Day Act was Humboldt area from 1971 to1982 Trade Union Amendment Act, 2007 introduced in the Assembly on May and later the constituencies of Re- and The Public Service Essential Ser- 6thbyDeputyPremierKen gina Northeast and Regina vices Act were the subject of lengthy Krawetz. With the consent of the Dewdney from 1985 to1999. The hearings in the Standing Committee Assembly, the bill passed through veteran member served on both

AUTUMN 2008/CANADIAN PARLIAMENTARY REVIEW 39 sides of the House and in the cabi- cially opened on May 22, 2008, and and a trial division, into two courts, nets of Premiers Allan Blakeney is located on the first floor of the the Supreme Court (currently the and Roy Romanow. Among the se- Hon. George Coles Building, imme- trial division) and the Court of Ap- nior portfolios held by Mr. diately adjacent to Province House. peal (currently the appeal division). Tchorzewski were Finance, Health, The library has gathered together a Domestic Relations Act (Bill No. Education and Continuing Educa- core collection of documents that in- 33) is an omnibus Act which tion, Culture and Youth, Consumer cludes annual reports from depart- changes gender-specific references Affairs, and Municipal Govern- ments, commissions, agencies, and in 29 other Acts to gender-neutral ment. He also was responsible for boards; budgets and fiscal esti- language. In the main, the defini- two provincial Crown corporations, mates; statistical reports; electoral tion of spouse has been amended to Saskatchewan Government Insur- information; and a small collection recognize same-sex married and ance and SaskTel. of public policy, agricultural and common-law relationships. Like- reference works. The legislative li- wise, references to “mother and fa- Margaret (Meta) Woods brary has partnered with local doc- ther” have been replaced with the Clerk Assistant ument collections, including the generic term “parent.” One section University of Prince Edward Island of the bill adds provisions to the and the Government Services Li- Child Status Act setting presump- brary, to offer better service while tions concerning the parents of a the collection grows. Both Research child in certain situations, including Librarian, Laura Morrell, and Re- the case where the child is born by search Officer, Ryan Conway, are assisted conception. In addition, it working diligently to satisfy the will now be possible to file declara- reference and research needs of the tions of parentage in the office of the Legislature, its staff, and its Director of Vital Statistics, replacing Prince Edward Island committees. a provision that allowed only the Parliamentary Calendar filing of a declaration of paternity. n May 22, 2008, the Second Ses- Index to Work of the Standing Osion of the Sixty-third General In its April 2008 report, the Standing Committees Assembly adjourned to the call of Committee on Rules, Privileges and the Speaker after 28 sitting days. Private Bills recommended the Index of Committees is a new Hansard One bill, 20 government motions adoption of a parliamentary calen- publication that aims to help MLAs, and 13 motions other than govern- dar, a historic first for Prince Ed- staff, bureaucrats, journalists, wit- ment remain on the order paper. To ward Island. The spring sitting of nesses and other interested parties date during this Session, a total of 36 the Assembly will commence dur- navigate through the various stand- bills have received Royal Assent; 53 ing the first week of April each year, ing committees of the Legislative motions were tabled; 115 ministe- and the fall sitting will open on the Assembly of Prince Edward Island. rial statements were read; and 81 first sitting day following Remem- Published for the first time in July members' statements made. brance Day each year. This means 2008, the Index covers the time pe- Opening of Parliamentary Library the sitting is scheduled to open on riod of October 2007 to March Wednesday, November 12, 2008. 2008-a time period which coincides In September 2007, the Standing Significant Legislation with the heaviest workload for the Committee on Legislative Manage- committees. The Index will be pub- ment approved the idea of re-estab- During the Session, a number of lished annually, and is available on- lishing a legislative library to pieces of significant legislation re- line at www.assembly.pe.ca. support members, committees, and ceived Royal Assent, including: Conference Activity house officers in their work. The Judicature Act (Bill No. 21) re- legislative library has had a number places the Supreme Court Act as the Prince Edward Island was pleased of incarnations over the years and legislation governing the superior to host the Twenty-seventh Atlantic since 1971 had been the responsibil- court of Prince Edward Island. The Provinces Parliamentary Confer- ity of the provincial Department of Act provides a legislative and pro- ence in Charlottetown from June Education. The renewed legislative cedural separation of the Supreme 19-22, 2008. Business session topics library and research service offi- Court, which has an appeal division included Challenges of a Party of

40 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2008 One in a 48-seat Legislature; at 10.3%; farm cash receipts of $364 the Prince Edward Island Nunavut's Consensus Style Gov- million; and 750 housing starts. The BioAlliance (a network of leading ernment; Democracy 250; the The- entire review can be viewed online edge biosciences businesses and re- ory and Practice of Youth at:www.gov.pe.ca/photos/original/ search organizations); and Dr. Ed Engagement in Party Policies; and pt_annualreview.pdf. Tyrchniewicz, associate dean of the Role of the MLA; A New Member's Former Provincial Treasurer Asper School of Business at the Uni- Perspective. Of particular interest Appointed Kindergarten versity of Manitoba and former pro- was a session presented by Lori Commissioner fessor of agricultural economics. Turnbull, Assistant Professor, De- Other members of the commission partment of Political Science, In the April 2008 Speech from the include representatives from indus- Dalhousie University; and Ivan Throne, the province announced its try and the community. MacArthur, an advocate of the Citi- intention to bring the Prince Ed- zens' Assembly, on the topic of pub- ward Island kindergarten system Marian Johnston lic engagement and legislatures. into the public school system. As a Clerk Assistant and Beyond the business agenda, a result, on May 6, 2008, the appoint- Clerk of Committees number of social opportunities ment of a Public Kindergarten Com- were available for legislators to missioner was announced. Pat meet new colleagues and renew ac- Mella was named to the position. quaintances. Ms. Mella has a long history of pub- lic service to the province. She was Commission on Nitrates in Groundwater Report first elected to the Legislative As- sembly in 1993 and served as the In early July, the final report of the lone opposition member until 1996. Commission on Nitrates in Ground- Re-elected in the general elections water was made public. Containing of 1996 and 2000, she was appointed 30 recommendations dealing with Provincial Treasurer in 1996, a post Senate all aspects of nitrate management, she held until her retirement from the report identifies six essential political life in 2003. Ms. Mella is ex- he final spring months were recommendations, including a pected to carry out her work over Tvery lively in the Senate, which mandatory three-year crop rotation the coming year, submitting her re- sat through May and a large part of for potatoes. The report will be for- port in June 2009, setting out a vi- June before adjourning for the sum- mally tabled in the Legislative As- sion and goals for the kindergarten mer on June 26, 2008. A number of sembly in the fall, and government program and recommendations for items on the government's agenda has indicated that it has begun the a detailed action plan to move were reviewed and resolved, and process of planning for implemen- kindergarten into the school system the Governor General gave Royal tation of the report's recommenda- by September 2010. Assent to a variety of bills before the tions. The full text of the report is Commission on the Future of summer recess. This short period available at: Agriculture and Agri-food was very busy for committees as www.gov.pe.ca/go/Commissionon well: they produced over 20 reports NitratesReport. On May 1, 2008, Agriculture Minis- on special studies and considered a ter Neil LeClair announced the es- Thirty-fourth Annual Statistical number of bills. The Senate was also Review tablishment of the Commission on a forum for political and regulatory the Future of Agriculture and debate, involving points of order A snapshot of the province's econ- Agri-food on Prince Edward Island. and questions of privilege. omy, population and social makeup The commission has been charged Legislation is now available with the release on with articulating a long-term vision for agriculture and agri-food and July 2, 2008, of the thirty-fourth edi- Bill S-215, An Act to protect heritage tion of the Prince Edward Island An- recommending an implementation strategy. Its final report is expected lighthouses, received the attention of nual Statistical Review. Highlights senators and MPs once again this from 2007 reveal the Island popula- in December 2008. The commission is co-chaired by Rory Francis, a for- year. This is the seventh attempt in tion at 138,627; economic growth of as many years to have the bill 2%; unemployment at a 29-year low mer deputy minister of agriculture and currently executive director of passed: it was originally brought in

AUTUMN 2008/CANADIAN PARLIAMENTARY REVIEW 41 by Senator Mike Forrestall,then Supreme Court acting for the Gov- long as its proceedings remain taken over by Senator Pat Carney, ernor General. courteous, and that it was up to sen- PC, and finally by Senator Lowell Committee of the Whole ators to judge the importance of the Murray, PC. The bill was passed by matters they want to raise during the Senate at third reading in De- On June 12, with the Senate sched- the period reserved for senators' cember 2007, but on May 6, 2008, the uled to welcome several dignitaries statements. The Speaker referred to House of Commons sent a message from the Aboriginal community, a ruling handed down in February to the Senate proposing amend- the senators took the opportunity to and repeated that in Canada it is not ments. The following sitting day, pass at third reading Bill C-30, An considered appropriate to refer to the Senate considered and con- Act to establish the Specific Claims Tri- the absence of any senator, any curred in the proposed amend- bunal and to make consequential more than it is appropriate to draw ments. The bill finally received amendments to other Acts, and Bill attention to a senator's arrival or de- Royal Assent on May 29. C-292, An Act to implement the parture. On June 17, the Senate passed Bill Kelowna Accord, the latter on divi- When debate on Bill S-234 was re- C-60, An Act to amend the National sion. A motion had been adopted to sumed at second reading, Senator Defence Act (court martial) and to allow the presence of photogra- Gerald Comeau rose on a point of make a consequential amendment to an- phers and television cameras in the order regarding the bill's admissi- other Act, at second reading. The bill Senate Chamber for the broadcast- bility. He argued that the Bill in- was then immediately sent to Com- ing of the proceedings in Commit- fringed the Crown's financial mittee of the Whole. For the occa- tee of the Whole. At 3:00 p.m., the prerogative, as set down in the Con- sion, the Senate received Peter Senate met in Committee of the stitution Act, 1867 and in Rule 81. McKay, MP, Minister of National Whole to hear from Phil Fontaine, Having taken the matter under ad- Defence, as well as Brigadier-Gen- National Chief of the Assembly of visement, the Speaker handed eral Ken Watkin, Judge Advocate First Nations, Patrick Brazeau,Na- down his ruling on May 27. Since General, and Lieutenant-Colonel tional Chief of the Congress of Ab- the essence of the point of order Mike Gibson. The Committee re- original Peoples, Mary Simon, dealt with the issue of whether the ported the bill without amendment, President of Inuit Tapiriit bill infringed the financial preroga- and it was passed at third reading, Kanatami, and Clem Chartier, Pres- tive of the Crown, it was decided on division. It received Royal As- ident of the Métis National Council, that because subclause 52(2) of the sent on June 18. on the subject of the government's bill specified that most of its provi- On May 29, Royal Assent was sig- apology to former students in In- sions could not come into effect nified by written declaration by dian residential schools. “unless the appropriation of mon- Madam Justice Marie Deschamps. eys for the purposes of this Act has Points of Order / Speaker's been recommended by the Gover- Bills S-215, C-293, C-13 and C-459 Rulings received Royal Assent in this way. nor General and such moneys have The Governor General came to the Points of order were raised several been appropriated by Parliament”, Senate Chamber on June 18 to give times during the final two spring the bill as such did not authorize the Royal Assent to a number of bills be- months. One that provoked debate appropriation of funds and thus fore the summer recess. A motion to was raised by Senator Joan Fraser fully respected the initiative of the allow the presence of photogra- on May 1, about senators' state- Crown. phers and television cameras in the ments. Senator Fraser had two spe- Questions of Privilege / Speaker's Chamber had been adopted the pre- cific concerns: that a statement Rulings vious evening. Ten bills received made earlier in the day had not met Royal Assent, most of them govern- the criteria of Senate Rule 22(4) and On May 28, Senator Comeau raised ment bills: C-23, C-30, C-292, C-31, that its content might have violated a question of privilege regarding C-287, C-50, C-60 and C-21, as well Rule 51. On a separate issue, she the proceedings of the Standing as C-58 and C-59, both money bills. asked for guidance as to when, if Senate Committee on National Se- On June 26, the last sitting day be- ever, mention may be made of a sen- curity and Defence at its meeting of fore the summer recess, Royal As- ator's absence. In his ruling of May May 26, 2008. Debate continued un- sent by written declaration was 7, the Speaker said he wanted to re- til May 29, when the Speaker ruled given to bills C-33, C-34, and C-474, mind senators that the Senate is a from the Chair that a prima facie case with Mr Justice Louis LeBel of the chamber that is self-regulating as of privilege had been made. Senator

42 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2008 Comeau raised the question of priv- who was retiring from the Senate on • Bill No. 48, Act to Amend the Sum- ilege because the Committee, at a August 26, 2008. An experienced mary Convictions Act meeting, had reviewed, amended businessman, passionate Aborigi- • Bill No. 49, Act to Amend the Finan- and adopted a preliminary report nal leader and seasoned parliamen- cial Administration Act that had been distributed to the tarian, Senator Gill was appointed • Committee's members in one offi- to the Senate in 1998 by Prime Min- Bill No. 9, Third Appropriation Act, 2007-08 cial language only. The senator ar- ister Jean Chrétien. Throughout his gued that this proceeding was in years in the Senate he worked with • Bill No. 11, First Appropriation Act, defiance of parliamentary privilege, zeal and conviction to secure inde- 2008-09 the Canadian Charter of Rights and pendence for First Nations. • Bill No. 46, Act to Amend the Liquor Act Freedoms and the Official Languages Motions Act. He proposed that the matter be • Bill No. 52, Workers' Compensation referred to the Standing Committee On June 18, the Senate adopted mo- Act on Rules, Procedures and the Rights tions by Senator Roméo Dallaire on • Bill No. 51, International Child Ab- of Parliament for consideration and the repatriation of child soldier duction (Hague Convention) Act report. Omar Khadr, on division. Senator Earlier in the Spring Sitting, three On June 26, Senator Comeau Michael Meighen'smotionwas other bills had passed and been raised a question of privilege on the adopted the same day. It urged the given Assent: same issue, this time regarding a Government of Canada to take the • Bill No. 10, Interim Supply Appro- meeting on June 18. While pointing necessary steps to end the long and priation Act, 2008-09 (on March out that every question of privilege unjust delay in recognition of 27th) must be considered separately, the Bomber Command service and sac- • Bill No. 50, Child and Family Ser- Speaker ruled that senators who sit rifice by Canadians in the liberation vices Act (on April 22nd) on a committee, or are doing other of Europe during the Second World • work, must have access in both offi- Bill No. 104, Smoke-free Places Act War. (on April 22nd) cial languages to the documents bearing on the matter that is before Marie-Eve Belzile First Appropriation Act, 2008-09 the committee or Parliament. Ac- Procedural Clerk cording to the Speaker, this is axi- As usual, the item of business that omatic: there is nothing consumed the most time during the discretionary about it. He therefore Spring Sitting was the govern- found that a prima facie case of privi- ment's main estimates for the com- lege had been established. Senator ing fiscal year. In Bill No. 11 the Comeau then moved that the matter government sought the Assembly's be referred to the Standing Commit- approval to spend $900 million dur- tee on Rules, Procedures and the ing 2008-09. The bill was debated Rights of Parliament for consider- Yukon for approximately 46 hours and was ation and report. still under debate in Committee of the Whole on the final sitting day at Other Matters / Milestones he 2008 Spring Sitting of the 5p.m.Atthattime,pursuantto First Session of the 32nd Legisla- Standing Order 76, the Chair of On May 14, the Speaker of the Sen- T tive Assembly adjourned on May Committee of the Whole, Steve ate announced to the honourable 15. The 32-day sitting had begun on Nordick (Klondike, Yukon Party) senators that a certified copy had March 20. The Sitting concluded interrupted debate and this bill (as been received of the Order in Coun- with Assent being given in the well as all other outstanding Gov- cil appointing Kevin MacLeod as Chamber by the Commissioner of ernment bills) was advanced Usher of the Black Rod, starting Yukon, Geraldine Van Bibber. The through its remaining stages with- May 26. Mr MacLeod succeeded nine government bills to which as- out further debate or amendment. Terrance J. Christopher, who had sent was granted on May 15 were: occupied the position until March 7, Smoke-free Places Act • 2008. Bill No. 53, Act to Amend the To- bacco Tax Act On June 17, the Senate paid trib- The passage of Bill No. 104, ute to the Senator Aurélien Gill, • Bill No. 47, Miscellaneous Statute Smoke-free Places Act, on April 22nd Law Amendment Act, 2008

AUTUMN 2008/CANADIAN PARLIAMENTARY REVIEW 43 marked the first time in 10 years that Pursuant to the motion that estab- Dennis Fentie (Premier): Finance; a private member's bill passed the lished the select committee, Bill No. Executive Council Office House. As detailed in the preceding 102, An Act to Amend the Human Elaine Taylor (Deputy Premier): issue of CPR, the bill was intro- Rights Act – a private Member's bill Environment; Tourism and Culture duced by the Leader of the Third introduced by Mr. Inverarity on Marian Horne:Justice,Women's Party, Todd Hardy (Whitehorse April 23, 2007, and which received Directorate Centre, NDP) during the 2007 some second reading debate on Archie Lang: Highways and Public Spring Sitting. The bill received Sec- May 23, 2007 – was referred to it. Works; Community Services ond Reading and some discussion The bill seeks to extend from six Glenn Hart: Health and Social Ser- in Committee of the Whole on May months to two years the time period vices; Yukon Workers' Compensa- 9, 2007. It was referred to the Select during which a complaint must be tion Health and Safety Board; Committee on Anti-smoking Legis- made to the Yukon Human Rights French Language Services Director- lation on June 13, 2007. The commit- Commission with regard to an al- ate tee held hearings across Yukon in leged contravention of the Human Jim Kenyon: Economic Develop- September and October 2007 and ta- Rights Act. ment, Yukon Development Corpo- bled its report on November 21. The select committee has met sev- ration, Yukon Energy Corporation, Yukon Housing Corporation Committee of the Whole resumed eral times over the summer and will its consideration of Bill No. 104 on be holding territory-wide public Brad Cathers: Energy, Mines and November 28, 2007 and again on hearings in late September and Resources, Yukon Liquor Corpora- tion, Yukon Lottery Commission March 26, 2008. On the latter date early October. It is already accept- the committee proceeded to ing written submissions. The select Patrick Rouble: Education, Public clause-by-clause consideration of committee is to report its findings Service Commission the bill and adopted 24 amend- and recommendations, if any, to the CPA Conference Participation ments to it. Given the extensive House by the 15th sitting day of the number of amendments the bill was 2008 Fall Sitting. While the Assem- Speaker Ted Staffen and Darius ordered reprinted before Third bly does not have a fixed calendar, it Elias (Vuntut Gwitchin, Liberal) at- Reading. The amended version of is anticipated that this sitting day tended the Canadian Regional con- Bill No. 104 was scheduled for Third will fall in late November. ference in Halifax in July. Speaker Reading on April 22. However, as Conflict of Interest Commissioner Staffen, Ms. Horne and Gary this was not a day when private re-appointed McRobb (Kluane, Liberal) attended members' business would have pre- the international conference in cedence, unanimous consent was On May 13th the Assembly re-ap- Kuala Lumpur, Malaysia from Au- required to have the bill debated. pointed David Phillip Jones, Q.C., gust 1-10. Unanimous consent was granted as Yukon's Conflict of Interest Com- Electoral District Boundaries and Bill No. 104 received Third missioner for a three-year period. Reading and Assent on that day. The motion to re-appoint Mr. Jones Speaker Staffen tabled the Final Re- Select Committee on Human was proposed by the Premier, Den- port of the Electoral District Bound- Rights nis Fentie (Watson Lake, Yukon aries Commission in the House on Party). The Conflict of Interest (Mem- March 25, 2008. The Commission On April 9, 2008 the Legislative As- bers and Ministers) Act requires that recommended increasing the num- sembly established the Select Com- the appointment be approved by ber of electoral districts from 18 to mittee on Human Rights. The select two-thirds of the Members of the 19. It is expected that legislation to committee's mandate includes re- Legislative Assembly. In fact, the implement this recommendation ceiving the views and opinions of motion carried unanimously. will be introduced in the 2008 Fall Yukoners and interested groups on Cabinet Shuffle Sitting. legislative options for amending Yukon's 20-year old Human Rights On July 3rd Premier Fentie an- Floyd McCormick Act. The select committee members nounced a Cabinet shuffle. While Clerk are Marian Horne (Pelly-Nisutlin, the composition of Cabinet remains Yukon Party), Don Inverarity (Por- the same, there were some changes Linda Kolody ter Creek South, Liberal), and Steve to Ministers' portfolios. Current Deputy Clerk Cardiff (Mount Lorne, NDP). portfolios are:

44 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2008 Christian Paradis became Minister fer the Thibault Inquiry Report back of Public Works and Government to the Conflict of Interest and Ethics Services, while retaining his posi- Commissioner in light of these tion as Secretary of State (Agricul- changes. The Commissioner re- ture), and James Moore was sponded on June 17, 2008, that the assigned to the position of Secretary Thibault matter would fall within of State (Asia-Pacific Gateway) the exception set out in the new (2010 Olympics) (Official Lan- amendment and therefore would guages). not constitute a conflict of interest. House of Commons On June 19, 2008, the House re- On June 10, 2008, the Standing ceived a message from the Senate Committee on Public Safety and calling on the Government of Can- National Security commenced its he House was the scene of a his- ada to negotiate with the Govern- study of security issues concerning toric apology on June 11, 2008. T ment of the United States of the former Minister of Foreign Af- The Prime Minister, Stephen America the immediate repatriation fairs. Michel Juneau-Katsuya,a Harper, made a statement to offer, to Canada of Canadian citizen and former Senior Intelligence Officer at on behalf of the Government of former child soldier Omar Khadr the Canadian Security Intelligence Canada, an apology to former stu- from the Guantanamo Bay deten- Service and Bob Paulson, Chief Su- dents of Indian residential schools. tion facility. It also called on the perintendent and Acting Assistant All three opposition party leaders Government to undertake all neces- Commissioner for the Royal Cana- replied to the statement, as victims sary measures to promote his reha- dian Mounted Police appeared on and their family members watched bilitation, in accordance with this these issues. from the floor and galleries of the country's international obligations House of Commons. For the first Rulings on child rights in armed conflicts. time in Canadian history, represen- tatives of Indian and Native groups Committees On May, 2, 2008, the Speaker ruled were given the opportunity to re- on the point of order raised on April spond directly to Members from the In reaction to a report from the Con- 8, 2008, by Peter Van Loan concern- floor of the House. The guests were flict of Interest and Ethics Commis- ing the requirement for a Royal Rec- Phil Fontaine, Mary Simon, Clem sioner, which found that Liberal MP ommendation for Bill C-445, An Act Chartier, Beverley Jacobs, Pat Robert Thibault contravened the to amend the Income Tax (tax credit for Brazeau, Mary Moonias, Margue- Conflict of Interest Code for Members of loss of retirement income).The rite Wabano, Sandra Linklater, the House of Commons by participat- Speaker ruled that he would decline Crystal Merasty, Peter Irniq, Don ing in the Mulroney-Schreiber hear- to put the question on third reading Favel and Mike Cachagee. ings while, at the same time, being a of the Bill in its present form be- This event was in sharp contrast defendant in a lawsuit filed by Mr. cause, by making a tax credit re- to events in the House this spring, Mulroney, the Standing Committee fundable, Bill C-445 could lead to when details about the past of Julie on Access to Information, Privacy refunds that are greater than taxes Couillard, the ex-partner of Foreign and Ethics presented its Seventh Re- paid. Affairs Minister Maxime Bernier, port, proposing modifications to the The Speaker delivered another were revealed in the media. After said Code. On May 14, 2008, the ruling on May 12, 2008, on the selec- confirming that he had left classi- Chief Government Whip, Jay Hill, tion and grouping for debate of four fied government documents in a rose on a point of order to question report stage motions in amendment non-secure location, Mr. Bernier of- the admissibility of the report, argu- to Bill C-377, An Act to ensure Canada fered his resignation from Cabinet ing that the Code fell under the assumes its responsibilities in prevent- on May 26, 2008. This eventually led mandate of the Procedure and ing dangerous climate change.The the Prime Minister to shuffle his House Affairs Committee. The next Speaker ruled that, given the excep- Cabinet on June 25. David Emer- day, the Speaker ruled that the Sev- tional circumstances of the impasse son, who had been Acting Minister enth Report was improperly before that had occurred in the Standing of Foreign Affairs, was given the the House and it was deemed with- Committee on Environment and position permanently. Senator Mi- drawn. On June 5, 2008, an opposi- Sustainable Development during chael Fortier replaced Mr. Emerson tion motion was adopted by the its clause-by-clause consideration as Minister of International Trade. House to amend the Code and to re- of the Bill, he would allow a number

AUTUMN 2008/CANADIAN PARLIAMENTARY REVIEW 45 of motions to be moved during re- over the House, from the First Ses- • Bill 95, to amend the Act respect- port stage, even though they nor- sion of the 35th Parliament until the ing medical laboratories, organ, mally should have been moved end of the 36th Parliament tissue, gamete and embryo con- during the committee stage. (1994-2001). He added that on this servation, and the disposal of hu- special occasion, Mr Parent was man bodies. It provides that a On May 28, 2008, the Speaker general diagnostic radiology lab- ruled on the question of privilege present in the gallery. The publica- oratory may be operated only by raised by Mauril Bélanger concern- tion, prepared by the Table Re- a radiologist, a legal person or a ing comments made by Pierre search Branch, is the seventh in a partnership in which radiologists Poilievre on the election expenses series of collections of Speakers' rul- have a majority interest, or an as- ings. sociation made up exclusively of of the Member during the last elec- radiologists. tion. The Speaker stated that it was Other matters not for him to determine the quality Changes in Membership of a response to an oral question. He On May 26, 2008, President of Following by-elections held on May added that, given the differing Ukraine, Viktor Yushchenko,ad- 12, 2008 in three constituencies, views of both Members, the Chair dressed a joint session of Parlia- Nicole Léger, elected in the elec- was unable to find a basis for a prima ment. Members of the Senate and toral division of Pointe-aux-Trem- facie breach of privilege. He took the the House of Commons attended bles, and Maka Kotto, in the opportunity to remind Members to the event on the floor of the House. be more judicious in their choice of electoral division of Bourget, were words while debating and consid- Catherine Gérin-Lajoie sworn-in on May 20, 2008. The new Member for Hull, Maryse ered the matter closed. Procedural Clerk Gaudreault, was sworn-in the fol- Legislation lowing day. On June 25, Philippe Couillard The long-awaited Bill C-61, An Act announced his resignation as Mem- to amend the Copyright Act was read a ber for Jean-Talon. First elected in first time on June 12, 2008. The Bill the electoral division of Mont-Royal proposes to amend the Copyright in the general election of April 14, Act in order to update the rights and 2003, Mr. Couillard was subse- protections of copyright owners to quently elected in the electoral divi- better address changes in digital he National Assembly ad- sion of Jean-Talon in the general technology and the Internet, in line journed its proceedings on June election of 26 March 2007. He had with international standards, and to T 20, 2008. The proceedings of the first been Minister of Health and Social clarify the liability of Internet ser- session of the 38th legislature will Services since April 29, 2003. Pre- vice providers. resume on October 21, 2008. mier Jean Charest, then announced Bill C- 292, An Act to implement the Forty-one bills were introduced the appointment of a non-elected Kelowna Accord,whichwasspon- during the spring, including 8 pub- person, Dr.Yves Bolduc, as Minis- sored by former Prime Minister lic bills introduced by Members. ter of Health and Social Services Paul Martin, received Royal Assent The Assembly passed 27 public bills and Minister responsible for the on June 18, 2008. It provides that the and 5 private bills. The following Saguenay-Lac-Saint-Jean region. Government of Canada must take are among the more noteworthy On July 14, 2008, Michel all necessary measures to imple- legislative texts adopted: Bissonnet notified the Secretary ment the Accord concluded on No- General of the National Assembly, vember 25, 2005, the very existence François Côté, of his resignation as of which the Conservative Govern- • Bill 63, to amend the Charter of President of the Assembly effective ment questions. human rights and freedoms to ex- pressly state that Charter rights on this date. Mr. Bissonnet however Publications and freedoms are guaranteed remains the Member for Jeanne- equally to women and men; Mance -Viger. On May 13, 2008, the Speaker tabled • Bill 71, to amend the Auditor The Assembly is currently com- the Selected Decisions of Speaker General Act and other legislative posed as follows: Liberal Party, 47 provisions, to extend the powers Gilbert Parent. The collection con- Members; Action démocratique du tains 85 decisions, covering the pe- conferred upon the Auditor Gen- eral of Québec; riod when Gilbert Parent presided

46 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2008 Québec, 41 Members; Parti French senators. Meetings with Francophonie took place in the Québécois, 36 Members; 1 vacancy. elected officials and experts presence of the President of the Na- Directive from the Chair focussed on new technologies. tional Assembly and the Secretary The France-Québec Interparlia- General of the Organisation Following several points of order mentary Committee (CIFQ) held its internationale de la Francophonie raised during Oral Questions and 21st Session in Québec City, from (OIF), Abdou Diouf. Answers regarding the fact that June 27 to July 4, 2008. On this occa- The Conference of Presiding Offi- ministers did not answer questions, sion, parliamentarians from France cers, organized at the initiative of the President of the National As- andQuébecdiscussedthemesof the President Bissonnet, brought to- sembly, Mr. Bissonnet, rendered the great importance for their respec- gether, on July 4, the presidents and following directive: No point of or- tive States, namely the impact of de- vice-presidents of 45 parliaments of der may be based on the opinion mographic aging and the financing La Francophonie in order to adopt a that the answer to a question is not of higher education. By pooling common position as regards the satisfactory. But a point of order their respective experiences, they methods to be taken to reinforce may be based on the fact that the an- focussed on developing solutions to parliamentary democracy within swer provided by the Minister does meet the challenges faced by French their assembly. At the end of this not concern the subject of the ques- and Québec societies. The French day, a final declaration was tion. Furthermore, there is no intro- and Québec delegations were led unanimously adopted. duction to the answer that allows respectively by Pierre Lasbordes, The parliamentarians of the for comments to be made on any President of the France-Québec Americas Regional Assembly of the subject other than on the subject of Friendship Group and Member for APF adopted, among other things, a the question. Essonne, and Jacques Chagnon, resolution aiming to ensure the Vice-president of the National As- Interparliamentary relations place of the French language in the sembly of Québec and Chair Dele- organization and broadcasting of gate of the National Assembly From May 12 to 16 the President of the Olympic and Paralympic Win- Delegation for Relations with the the National Assembly, Mr. ter Games of 2010 in Vancouver and French National Assembly. Bissonnet, welcomed his counter- Whistler. part from the Parliament of the State From July 1 to 7 July, within the Lastly, it should be mentioned of Bavaria (Landtag), Alois Glück, context of the 400th anniversary of that several public figures, who the Vice-president, Peter Paul Québec City, the National Assem- have distinguished themselves by Gantzer, as well as a delegation of bly hosted several major events in- serving the Francophonie's ideals of Bavarian parliamentarians, within cluding the 34th Session of the cooperation and friendship, re- the framework of the 4th Meeting of Parliamentary Assembly of the ceived the insignia of the Ordre de the Québec – Bavaria Joint Parlia- Francophonie (APF), the Confer- la Pléiade from the President of the mentary Committee. The Commit- ence of Presiding Officers of La APF, Guy Nzouba-Ndama. Francophonie and the 24th Session tee took a closer look at issues Parliamentary simulation concerning immigration and early of the Americas Regional Assembly of the APF. childhood services. On May 2, 2008 the National As- The President of the National As- Over 450 Francophone parlia- sembly welcomed 125 sixth grade sembly and Chair of the National mentarians discussed several elementary students who took part Assembly Delegation for Relations themes that will be discussed at the in the 12th legislature of the Pupils' with the French Senate (DANRSF) Sommet de la Francophonie next Parliament. These student-Mem- received a visit, from May 18-24 of October in Québec City, such as the bers discussed and adopted three members of the France-Québec environment, the worldwide food bills whose purpose was to revital- Interparliamentary Group (GIAFQ) crisis and the promotion of the ize elementary schools in order that on the occasion of the 5th Annual French language. As a consultative students work in a healthy and wel- Meeting of the French Senate and assembly of La Francophonie, the coming environment, to promote the National Assembly. The Presi- APF will present the results of its correspondence between students dent of the GIAFQ, the senator of work, in the form of resolutions, at attending Québec schools and those Vienna and former Prime Minister, the Sommet de la Francophonie. attending other schools in Jean-Pierre Raffarin, were accom- The opening of the 34th Session of Francophone countries and, lastly, panied by a delegation of four the Parliamentary Assembly of the to raise young people's awareness

AUTUMN 2008/CANADIAN PARLIAMENTARY REVIEW 47 as regards preventing intimidation and the Act respecting the Régie de heard, in addition to Mr. Fortier in elementary schools and high l'assurance maladie du Québec. This himself, the Premier and the Minis- schools. bill, which concerns the electronic ter of International Relations. Other news health file introduces the principle On June 11, the Committee tabled of implicit consent of a patient in the 20th report on the accountability On July 13, to mark the 400th anni- constituting this file. The Commit- of deputy ministers and chief exec- versary of the founding of Québec tee heard the Commission d'accès à utive officers of public bodies. In City, France underlined its fraternal l'information on two occasions: the this report, the Committee proposes relations with Québec City by hon- first time within the framework of a a new approach to the examination ouring 15 Québec public figures deliberative meeting and a second of annual management reports who have excelled in their respec- meeting during a public hearing re- based on performance evaluation of tive fields of activity and who have quested by the Assembly. the concerned agencies, along with made a determining contribution to Bill 68, An Act to amend the Supple- quality of information. France-Québec relations or to La mental Pension Plans Act, the Act re- Within the framework of the or- Francophonie. Within the frame- specting the Québec Pension Plan and der of initiative on residual waste work of this ceremony, which was other legislative provisions, was exam- management, the Committee on presided by the High Chancellor of ined by the Committee in June, after Transportation and the Environ- the Legion of Honour, the President having been the subject of special ment tabled, on June 10 a report of the National Assembly was deco- consultations. This bill concerns containing 43 recommendations rated with the insignia of Officier de phased retirement. The Committee following consultations that took l'Ordre national de la Légion also held special consultations on place in February. The Committee d'honneur. The First Vice-president Bill 23, An Act respecting clinical and particularly recommended to the of the Assembly, Fatima research activities relating to assisted Government that sustainable devel- Houda-Pepin, was made a Cheva- procreation. This bill particularly opment principles and the climate lier (knight) de l'Ordre national de provides that any assisted procre- change issue be integrated into the la Légion d'honneur. The Premier of ation activity, allowing for excep- future residual waste policy. In ad- Québec who was among those hon- tions, must be carried out in a centre dition to the public hearings, the oured, will be decorated at a later for assisted procreation for which a Committee members visited BFI date by the President of the French licence has been issued by the Min- Usine de triage in Lachenaie and Republic. ister of Health and Social Services Dépôt Rive-Nord. and which is under the direction of a In May, the Committee gave Manon Voyer physician. clause-by-clause consideration to Secretariat of the Assembly Lastly on May 21 the Committee Bill 55, An Act to again amend the Standing committees heard the Corporation d'urgences- Highway Safety Code and other legisla- santé within the framework of an tive provisions. This bill introduces On April 29, 2008, the members of order of surveillance of public agen- provisions that will ensure height- the Committee on Social Affairs cies. The Corporation d'urgences- ened enforcement of the Highway unanimously adopted an order of santé is a non-profit agency under Safety Code, in particular as regards initiative concerning homelessness the jurisdiction of the Minister of road signage, mopeds, and penal in Québec. The Committee will hold Health and Social Services. It pro- and administrative measures. It public hearings on this subject vides prehospital emergency ser- should be recalled that this bill was within the framework of special vices to the population on the the subject of special consultations consultations in autumn 2008. A territory of the cities of Montréal in conjunction with Bill 42 in No- rare occurrence, certain of these and Laval. vember and December 2007. hearings will take place outside of On May 8, 2008 the Committee on On May 28, the Committee on Québec City's Parliament Building, Public Administration tabled a re- Culture tabled a report containing more specifically in Montréal, port containing observations and recommendations following the ex- Gatineau and Trois-Rivières. recommendations following hear- amination, in March and April, of In April and May, the Committee ings it held in April concerning the the mission, activities and manage- examined Bill 70, An Act to amend the dismissal of Bruno Fortier,Qué- ment of the Conseil supérieur de la Act respecting health services and so- bec's former delegate general in langue française, of the Office cial services, the Health Insurance Act NewYork.TheCommitteealso québécois de la langue française

48 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2008 and of the Commission de act: a first time within the this bill is to make La Financière toponymie. The Committee particu- framework of the examination of agricole du Québec subject to the larly recommended that the Conseil his activity reports for 2002-2003 to Act respecting the governance of supérieur de la langue française and 2006-2007 and a second time within state-owned enterprises, which was the Office québécois de la langue the framework of special consulta- passed in December 2006. This bill française develop a closer collabo- tions on the Report on the implementa- establishes governance rules to re- ration, more specifically in carrying tion of the Lobbying Transparency and inforce the management of out the order of surveillance on the Ethics Act and the Code of Conduct for state-owned enterprises with a evolution of Québec's linguistic Lobbyists. view to improving the efficiency, situation. The Committee also examined transparency and accountability of On May 27 François Benjamin, Bill 77, Derivatives Act, during the their board of directors. the Member for Berthier, was month of May, and held special con- After having been the subject of elected vice-chairman of the Com- sultations following the adoption of special consultations, Bill 93, An Act mittee on Institutions, following the a preliminary motion presented by to amend the Charter of Ville de Québec, resignation of Christian Lévesque, a Member of the parliamentary was examined in June by the Com- the Member for Lévis. In compli- group forming the Official Opposi- mittee on Planning and the Public ance with Standing Order 135, the tion. Domain. This bill amends the Char- new vice-chairman was elected by Bill 71, An Act to amend the Auditor ter of Ville de Québec to set the the majority of the members of each General Act and other legislative provi- number of boroughs at six instead parliamentary group. The Commit- sions, was examined by the Com- of eight and to reduce the number of tee on Institutions is the only com- mittee on June 16. The object of this councillors on the city council from mittee to elect two vice-chairmen. bill is to allow the Auditor General 37 to 27. Moreover, the Committee The Committee examined several to act as the auditor of the books and examined Bill 22, An Act to amend bills during the months of May and accounts of a body in the health and various legislative provisions concern- June, including Bill 60, An Act to social services network or the edu- ing Montréal (modified title), which amend the Police Act, which had al- cation network having received a had already been the subject of spe- ready been the subject of special government grant. cial consultations in November consultations, and Bill 69, An Act to After having held consultations 2007. Thirty-nine amendments amend the Election Act and other legis- and heard 22 organizations, the were adopted by the Committee. lative provisions. This bill particu- Committee on Education examined, In June, the Committee on Labour larly provides that the Chief in the course of seven meetings, Bill and the Economy examined Bill 87, Electoral Officer will obtain from 88, An Act to amend the Education Act An Act to establish a mining heritage the Régie de l'assurance maladie du and the Act respecting school elections. fund. This bill establishes a mining Québec and from the Chief Elec- This bill provides that the council of heritage fund to finance activities toral Officer of Canada the informa- each school board, while having that foster the development of min- tion needed to update the fewer commissioners, will include a eral potential. Bill 97, An Act to regu- permanent list of electors. greater number of parents' repre- larize and provide for the development Christian Lévesque was elected sentatives and co-opted members. of local slaughterhouses and to amend vice-chairman of the Committee on The bill has not yet passed all of the the Food Products Act, was also ex- Public Finance by a majority of legislative stages with a view to its amined by the Committee. This bill members from each parliamentary final passage by the Assembly. makes permits mandatory for group. The election was held on The Committee on Agriculture, slaughterhouse operators. May 28 following the resignation of Fisheries and Food examined two For more information on the pro- Linda Lapointe, the Member for bills in May and June, namely Bill ceedings of the standing commit- Groulx. Mr. Lévesque was formerly 72, Crop Health Protection Act, whose tees, please visit the Internet site of one of the vice-chairmen of the object is to protect plants grown for the National Assembly of Québec Committee on Institutions. commercial purposes from the at: www.assnat.qc.ca. The Lobbyists Commissioner harmful organisms identified by the was heard twice by the Committee Minister of Agriculture, Fisheries Anik Laplante on Public Finance during the and Food, and Bill 81, An Act to mod- Secretariat of committees months of April and May, in pursu- ernize the governance of La Financière Translation: Sylvia Ford ance of this agency's constituting agricole du Québec. The purpose of Secretariat of the Assembly

AUTUMN 2008/CANADIAN PARLIAMENTARY REVIEW 49 Public Participation in the Manitoba Legislative Process - Spring 2008

Committee Public Written Sitting Hours Presentations Submissions

Bill 17 - Hog Barns 64 268 47 Bill 37 - Elections 43 69 30 Bill 38 - Balanced Budget 24 44 12 Bill 45 - Teacher's Pensions 28 111 158 Manitoba

• Bill 38 - The Balanced Budget, Fiscal • Directions for the consideration he second session of the 39th Management and Taxpayer Ac- of legislation in committee TLegislature recessed for the countability Act, which would re- intersessionally, to be concluded summer on Thursday, June 12, 2008 place The Balanced Budget, Debt prior to September 8, 2008; Repayment and Taxpayer Account- following an intense spring sitting. • Directions and deadlines for the Many Bills made their way ability Act and establish new re- quirements for fiscal continuation of the 2nd Session of through the legislative process this accountability and balanced bud- the 39th Legislature from Sep- spring, while the following Bills gets. tember 8, 2008 to October 9, 2008 await further consideration in the to conclude consideration of leg- • Bill 45 - The Teachers' Pensions islation. fall: Amendment Act -whichwould • Bill 17 - The Environment Amend- change the Teacher's pension Rick Yarish cost-of-living adjustment ment Act (Permanent Ban on Build- Clerk Assistant / ing or Expanding Hog Facilities), through the pension adjustment Clerk of Committees which would prohibit the con- account. struction or expansion of con- fined livestock areas for pigs and These four bills became the focus pig manure storage facilities in specified areas of Manitoba. of a great deal of attention both in the House and in Committee. Activ- • Bill 37 - The Lobbyists Registration ity on these bills in fact contributed Act and Amendments to the Elec- tions Act, the Elections Finances to one of the busiest committee sea- Act, the Legislative Assembly Act sons in recent memory, with a very and the Legislative Assembly Man- large volume of public presenta- agement Commission Act,which tions and submissions being heard would introduce a wide range of and received in our committee amendments, including: rooms. The meetings occurred dur- British Columbia Requiring the registration of ing our June sitting and also in late people who lobby the govern- July (on Bill 45) after the House had he Legislative Assembly ad- ment, government agencies or recessed for the summer. Tjourned its busy spring session Members of the Legislative Flowing from negotiations be- on May 29 with 40 public bills re- Assembly. tween the parties relating to these ceiving the approval of the House Mandating that elections be held every four years on the bills the House passed a sessional and Royal Assent. Just before the second Tuesday in June; order on June 5, 2008, laying out a close of the session, a time alloca- Requiring that caucuses of reg- number of provisions for sitting tion motion adopted earlier that istered political parties and dates and the consideration of legis- month, was used to conclude pro- Members who receive a pay- lation over the next few months, ceedings on 7 remaining bills – ment for supplies and assis- including: three with government amend- tance under the Act file an annual financial report relating • Deadlines for the completion of ments on the order paper. This final to the payments. consideration of legislation in package of legislation was ap- Establishing an annual mailing committee and in the House dur- proved, on division, and included: expense budget for caucuses ing the Spring 2008 sitting; and Members.

50 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2008 • Bill 32, Trade, Investment and La- The subject of banning smoking in • Joan McIntyre, Minister of State bour Mobility Agreement Implemen- cars when children are present was for Intergovernmental Relations, tation Act, which implements the first raised by Leonard Krog in Bill replacing John van Dongen who agreement between British Co- M232, Smoke Free Cars Act, 2007. remains Minister of Public Safety lumbia and Alberta to reduce and This spring, Solicitor General John and Solicitor General eliminate barriers to the free • movement of workers, goods and van Dongen followed up on that Other notable changes include: services, and investments be- idea with Bill 36, Motor Vehicle (Ban- • Colin Hansen returning to the Fi- tween the two provinces; ning Smoking when Children Present) nance portfolio, replacing Carole • Bill 37, Carbon Tax Act,which Amendment Act, which was passed Taylor taxes greenhouse gas emissions unanimously. • Pat Bell taking over the Forests generated by burning fossil fuels, Similarly, the idea of allowing and Range ministry from Rich effective July 1, with the proviso Canadian Forces reservists to take Coleman, who retains Housing that the impact of the carbon tax is unpaid leave from their regular em- under the new portfolio of Social revenue neutral; and Development, replacing Claude ployment to serve on a deployment • Richmond Bill 42, Election Amendment Act, was first raised by Chuck 2008, which implements electoral • Puchmayr in Bill M205, Employment Kevin Krueger moving to the changes affecting more than 70 Ministry of Small Business and sections of the Election Act and the Standards Act Amendment Act 2007. Revenue, replacing Rick Thorpe Recall and Initiative Act. The more This spring, the government pro- controversial provisions are to: posed amendments to the Act, via Other Matters regulate spending by parties and Bill 43, that were approved on divi- candidates during the 60-day sion. Gregor Robertson, NDP MLA for pre-campaign period; reintro- Vancouver-Fairview, resigned his duce restrictive spending limits Cabinet Shuffle for third party advertising; and seat effective July 15 on becoming increase fines for all offences. the Vision Vancouver mayoralty Premier Gordon Campbell re- Also this spring Advanced Edu- candidate for the upcoming civic aligned the provincial cabinet on cation Minister Murray Coell intro- election in November. A by-election June 23 to provide more integrated duced the University Amendment will be required to fill the vacancy services across government. The Act, 2008, which established five created in the riding before the next changes include five new ministers new universities in the province. provincial general election in May and new portfolios for seven of the The institutions were previously 2009. current ministers. These changes university colleges, an unfamiliar Speaker Bill Barisoff advised the filled vacancies created by four designation for students from out- House on May 23 of the untimely ministers who have announced that side the province. The new univer- death of the Sergeant at Arms, Tony they will not be seeking re-election sities, which insure that university Humphreys, and requested a min- in the upcoming general election in degree programs are available in ute of silence. Tributes to Mr. May 2009. The new faces at the cabi- more regions of the province, are: Humphreys were made by Mem- net table are: • bers in both the Chamber and the Vancouver Island University in • Nanaimo; Bill Bennett who returns to cabi- Douglas Fir room (site of the Esti- net as Minister of Tourism, Cul- mates debate) that reflected the • University of the Fraser Valley in ture and the Arts, replacing Stan loyal and dedicated service Mr. Abbotsford; Hagen who moves to Agriculture and Lands Humphreys had provided as the • Kwantlen Polytechnic University Sergeant at Arms since 1991. A me- • with campuses in Surrey, Rich- Iain Black, Minister of Labour morial service, well attended by mond and Langley; and Citizens' Services, replacing Olga Ilich parliamentary staff, Members, and • Capilano University in North extensive family and friends, was • Vancouver; and Blair Lekstrom, Minister for held on June 9. • Community Development, re- Emily Carr University of Art and placing Ida Chong who also takes Design in Vancouver. on a new portfolio as Minister of Kathryn Butler Another item of note was the pas- Technology, Trade and Economic Committee Researcher sage of two government bills that Development closely resembled private members' • Mary Polak, appointed to head a bills introduced by Opposition new Ministry of Healthy Living members in the previous session. and Sport

AUTUMN 2008/CANADIAN PARLIAMENTARY REVIEW 51 any such other similar activity in Toronto, the Committee also met which, in the opinion of the Speaker, will serve to reflect for clause-by-clause consideration over time the general demo- of Bill 55, An Act to enact the Ontario graphic composition of this French-language Educational Commu- Chamber and of the Province of Ontario. nications Authority Act, 2008 and make complementary amendments to After a brief debate, the motion the Ontario Educational Communica- was adopted by a vote of 58 to 0. tions Authority Act, on June 5. Both The Speaker then expressed his bills received Royal Assent, on May thanks to the Members of the prayer 14 and June 18, respectively. On Au panel, Garfield Dunlop, Cheri - Ontario gust 5, the Committee held public DiNovo,andBas Balkissoon,as hearings in Toronto in preparation well as to support staff and to the for its statutory review of the On- hrough the course of the spring citizens of Ontario for their re- tario Health Premium. The Finance Tsitting, the Ontario Legislature sponse to the panel's request for in- Committee has approved its report, operated under new Standing Or- put on this topic. ders that were adopted on a provi- which it expects to table when Par- sional basis effective May 5, 2008. Committees liament resumes in September. The most significant change was the The Standing Committee on Gen- The Standing Committee on Esti- elimination of evening sittings of eral Government considered Bill 69, mates continued its consideration of the House, and the addition of An Act to protect children from sec- the 2008-2009 expenditure esti- morning sittings. Staff in all parts of ond-hand tobacco smoke in motor vehi- mates of selected ministries. The the Legislative Assembly re- cles by amending the Smoke-Free Committee has completed review- sponded professionally to the re- Ontario Act, on June 9 and June 11, ing the estimates from the following vamped House and committee 2008. The Bill was reported without Ministries: The Ministry of Eco- schedules, so that Members re- amendment on June 12, 2008. As per nomic Development and Trade, Ab- ceived the same high level of ser- the explanatory note of the Bill, the original Affairs, Health and vices. The entire package of Smoke-Free Ontario Act is Long-Term Care and Northern De- provisional changes to the Standing amended to prohibit smoking or velopment and Mines. On June 18, Orders was submitted for review by having lighted tobacco in a motor 2008, the Minister of Finance tabled the Standing Committee on the Leg- vehicle while a person under 16 the 2008-2009 Volume 2 Estimates islative Assembly over the summer years old is present. The Bill re- (those of Legislative Assembly of- adjournment. The Committee's ob- ceived Royal Assent on June 18, fices), which were automatically re- servations and recommendations 2008. ceived by the Committee. As the for refinements or additional The Standing Committee on Gov- changes, if any, are expected to be estimates of these offices were not selected for consideration by the ernment Agencies continued to re- considered by the House early in view intended appointments to the Fall sitting. Committee, they are deemed passed and will be reported back to Ontario Government agencies, Prayers the House. The Chair will present boards and commissions, pursuant the Committee's report when the to its permanent mandate. During Following receipt of a report from Session resumes in the fall. the period May through August, an all-party panel, chaired by The Standing Committee on Fi- 2008, forty nominees were inter- Speaker Steve Peters, on prayer in nance and Economic Affairs met on viewed by the Committee, includ- the Legislature, the Government May 1 for clause-by-clause consid- ing eleven out of thirteen intended House Leader, Michael Bryant, eration of Bill 35, An Act to authorize appointees to the Human Rights moved the following motion on the Minister of Finance to make pay- Tribunal of Ontario. June 12, 2008 with the unanimous ments to eligible recipients out of money The Standing Committee on Jus- consent of the House: tice Policy met to consider Bill 41, That the Speaker commence appropriated by the Legislature and to each meeting day of the As- amend the Fiscal Transparency and Ac- An Act to amend the Highway Traffic sembly by reciting the Lord's countability Act, 2004, the Ministry of Act in relation to the use of speed-limit- Prayer, followed by another ing systems in commercial motor vehi- prayer, or the presentation of a Treasury and Economics Act and the verse or passage, or call for a Treasury Board Act, 1991. Following cles. Public hearings were held on moment of silent reflection, or a day of public hearings on May 29 June 5, 2008, while clause-by-clause

52 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2008 consideration of the Bill took place The Committee also considered on June 12, 2008. As per its explana- Bill 77, An Act to provide services to tory note, the Bill amends the Act by persons with developmental disabili- requiring that a commercial motor ties, to repeal the Developmental Ser- vehicle, driven on a highway, must vices Act and to amend certain other have a functional speed-limiting statutes. Public hearings were held system installed. in four Ontario cities (Toronto, Lon- The Standing Committee on the don, Timmins and Ottawa) from Legislative Assembly met to con- August 5 through 8, with sev- duct its annual review of the televi- enty-three different individuals and sion broadcast system and organizations. guidelines. The Committee heard The Committee also met on Au- New Brunswick from the Speaker of the Legislature, gust 28, 2008 for a review of the Per- as well as the Clerk of the House, sonal Health Information Protection he Second Session of the 56th Deborah Deller, and the Director of Act, 2004 pursuant to subsections TLegislative Assembly opened Broadcast and Recording Service, 75(a) and 75(b) of the Act, soliciting on November 27, 2007 and ad- Arleigh Holder. input from 15 different individuals journed on Wednesday, June 18, The Standing Committee on the and organizations including On- 2008, after sitting a total of 63 days. Legislative Assembly also, pursu- tario's Information and Privacy The Second Session sat fewer days ant to an Order of the House dated Commissioner. than the previous session, due in May 1, 2008, conducted a review of On Wednesday, June 11, 2008, the part to the amendments made to the the provisional Standing Orders. Legislative Assembly of Ontario re- Standing Rules which limited the Witnesses who appeared before the solved that a Select Committee on time spent considering budgetary Committee were: Nelson Wise- Elections be appointed with a estimates in Committee of Supply to man, University of Toronto; Keith one-year mandate to consider the 80 hours. While the Committee did Leslie, Canadian Press, and Murray effectiveness of the Election Act, the use the full 80 hours, this did not ap- Campbell, Globe and Mail, both as Election Finances Act and the Repre- proach the 156 hours spent consid- members of the Legislative Assem- sentation Act. The Select Committee ering estimates in Committee of bly Press Gallery; the Speaker and is chaired by Greg Sorbara, with Supply during the First Session. the Clerk of the House. one Member from each of the three Legislation The Standing Committee on Reg- parties represented in the Legisla- ulations and Private Bills met to ture – David Zimmer, Norm Ster- The Government, led by Premier consider three applications for pri- ling,andHoward Hampton,– Shawn Graham,introduced65 vate legislation, all requests for cor- rounding out its membership. The Bills, 64 of which received Royal As- porate revivals. The Committee will Committee met on August 18, 2008, sent. Bill 82, Access to Information and report back to the House when the for the purposes of organization. Protection of Privacy Act, introduced Session resumes this fall. Technology by Supply and Services Minister The Standing Committee on So- Jack Keir, was referred to the Stand- cial Policy held public hearings on On Monday, June 2, 2008, the first ing Committee on Law Amend- June 9, 2008 regarding Bill 64, An computers to be used on the floor of ments for public consultation. The Act to amend the Pesticides Act to pro- the Chamber came into service. intent of the Bill is to update and re- hibit the use and sale of pesticides that Hansard reporters began using the place the existing right to informa- may be used for cosmetic purposes. As laptops to convey their notes in real tion and protection of personal per the explanatory note the Bill time back to the Hansard depart- information legislation in the prov- amends the Pesticides Act to prohibit ment. As well, the proceedings of ince. Public hearings are expected to the use and sale of certain pesticides the Legislative Assembly of Ontario take place in the Fall. that may be used for cosmetic pur- began to be web-streamed live on Other noteworthy legislation poses. The Bill was reported with the Assembly's Internet site. which received Royal Assent in- amendments to the House for Third cluded the following: William Short Reading on June 17, 2008 and it re- • Bill 55, Fees Act, introduced by Fi- ceived Royal Assent on June 18, Committee Clerk nance Minister Victor Boudreau, 2008. requires the Minister of Finance

AUTUMN 2008/CANADIAN PARLIAMENTARY REVIEW 53 to file with the Legislative Assem- mental Trust Fund be allocated to sponsibility of engaging citizens bly an annual report detailing ev- schools in the province to be used and stakeholders in discussions ery new fee, or increase in an for environmental education pro- existing fee, proposed by a gov- jects. and reporting to the House with recommendations that promote ernment department for the next • fiscal year. Bill 15, An Act to Amend the New public engagement and ownership Brunswick Income Tax Act, intro- • Bill 69, Gift Cards Act, introduced duced by Wayne Steeves, would of wellness. The Committee heard by Justice Minister Thomas J. provide an income tax deduction 62 presentations and received 47 Burke, prohibits the application for auxiliary police officers or vol- written briefs during the public of expiry dates to gift cards or cer- unteer firefighters. consultation process. The report in- tificates. • Bill 24, Referendum Act, intro- cludes 49 recommendations that re- • Bill 74, An Act to Amend the Motor duced by Bev Harrison, would flect the findings of the Committee Vehicle Act, introduced by Public provide a framework for the as a result of its consultation. The Fi- Safety Minister John Foran, holding of referendums in the nal Report of the Select Committee places certain restrictions on nov- province and the result would be ice drivers such as prohibiting the binding upon the government on Wellness can be accessed on line operation of a vehicle between that initiated the referendum. at: midnight and 5 a.m., limiting the • http://www.gnb.ca/legis/promos/ number of passengers to a maxi- Bill 25, An Act to Amend the Har- monized Sales Tax Act, introduced wellness/pdf/FinalReport Wellness mum of three, and introducing a e.pdf no tolerance policy on the con- by Opposition Leader Jeannot sumption of alcohol. Volpé, would provide for a re- The Standing Committee on Pub- bate of the provincial portion of lic Accounts and the Standing Com- • Bill 75, Midwifery Act, introduced the harmonized sales tax paid on by Health Minister Michael residential heating. mittee on Crown Corporations are Murphy, regulates midwifery as Following the adoption of the both active during the months of a profession. amendments to the Standing Rules, September and October reviewing • Bill 76, An Act to Amend the Indus- all Opposition Bills were debated on the annual reports of government trial Relations Act, introduced by Thursdays, the day now designated departments and Crown Post-Secondary Education, as “Opposition Day”. corporations. Training and Labour Minister Ed- ward Doherty, introduces com- Committees Other Matters mon employer provisions into the Industrial Relations Act. The Following the adjournment of the On September 8, 2008, Keith Ash- common employer provisions field, resigned his seat to stand for would provide the Labour and Second Session, the Legislature's Select Committee on Tax Review, election as the Conservative candi- Employment Board with the date for the federal riding of Freder- power to determine whether an chaired by Roly MacIntyre,held employer in the construction in- public hearings throughout the icton. He was first elected to the dustry establishes a new business province on the options presented Legislative Assembly as the MLA entity for legitimate business pur- for New Maryland in 1999, where- poses or solely to avoid its obliga- in A Discussion Paper on New Bruns- wick's Tax System. The Discussion upon he was appointed Deputy tions to a union under a collective Speaker. He was re-elected in 2003 bargaining agreement. The sub- Paper presented several options to ject matter had previously been restructure the province's tax sys- and served as Minister of Natural referred to the Standing Commit- tem and approximately 100 individ- Resources. He was re-elected again tee on Law Amendments, which uals and organizations appeared in 2006. tabled its report in the House on The House is expected to recon- May 28, 2008. before the Committee. In addition, the Committee received over 150 vene in late November. The current Standings in the House are 32 Lib- The Official Opposition intro- written submissions. The Commit- tee intends to table a report in the erals; 22 Progressive Conservatives; duced a number of Bills for the con- 1 vacancy. sideration of the House, including: House this Fall. On July 11, 2008 the final report of • Shayne Davies Bill 14, An Act to Amend the Envi- the Legislature's Select Committee ronmental Trust Fund Act, intro- Clerk Assistant and on Wellness, chaired by Chris Col- duced by Trevor Holder, would Committee Clerk require that a portion of pay- lins, was released to the public. The ments made out of the Environ- Committee was charged with the re-

54 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2008