Legislative Reports

Committees on Public Accounts Mr. Leone, renewed his and Estimates in the first session point of privilege motion that that had remained outstanding at passed on October 2, 2012, the date of prorogation. which referred the matter of the A controversial issue consuming Speaker’s finding of aprima facie the time of the Legislature was case of privilege to the Standing the Government’s decisions Committee on Justice Policy. The Ontario in 2010 and 2011 to cancel the Committee’s mandate initially construction of planned gas-fired was solely to consider and report ollowing prorogation on electricity generating stations in the to the House on the matter of October 15, 2012 by former F Toronto suburbs of Oakville and the Speaker’s finding of aprima Premier Dalton McGuinty, the Mississauga. This issue gave rise facie case of privilege with Liberal Party of Ontario held to points of privilege concerning respect to the non-production of its Leadership Convention on the non-production of documents documents. On March 5, 2013 the the weekend of January 25, during the First Session of the House ordered the mandate of 2013. Kathleen Wynne was Fortieth Parliament, which were the Committee to be expanded, the successful candidate and raised again at the outset of the directing it to consider and became the first female Premier of Second Session. report its observations and Ontario. The weeks following saw recommendations concerning the resignation of two Cabinet On February 20, 2013 Speaker the tendering, planning, Ministers; Dwight Duncan, Dave Levac delivered a ruling commissioning, cancellation, and Minister of Finance and the to the House with respect to relocation of the Mississauga Member for Windsor-Tecumseh the point of privilege that was and Oakville gas plants. The and Chris Bentley, Minister raised in the previous session Committee is also authorized to of Energy and the Member for by the Member for Cambridge, consider any report prepared by London West and an eventual Rob Leone concerning the the Auditor General with respect cabinet shuffle. There has not non-production of documents to the cancellation and relocation been a date set for the by-election relating to the cancellation and of the Mississauga and Oakville in either riding; however the relocation of the Mississauga and gas plants. resignations have left the Liberals Oakville gas plants. In his ruling The Standing Committee on with 51 of 107 seats in the the Speaker stated that a prima Justice Policy began its review minority legislature. facie case of privilege had been on March 7, 2013. The first The Second Session of the established and that prorogation witness was the former Speaker Fortieth Parliament convened does not nullify such a finding. of the House of Commons, on February 19, 2013 at which The Speaker re-confirmed his Peter Milliken, who was time the Lieutenant Governor ruling of September 13, 2012 requested to appear before the David Onley read the Speech that the committees of the Committee as a procedural from the Throne. Legislative Assembly are effectively empowered to order expert. The Committee since The following day, the the production of documents then has heard from various Government House Leader and that non-compliance with witnesses and has 90 calendar moved a motion that re a production order made by a days from the passing of the appointed Committee committee can, in proper cases, motion to report its findings to Membership of the nine standing constitute a matter of privilege. the House. Should the Committee Committees. The motion also The Speaker then invited the require more time in order to included an order for the Member for Cambridge to renew conclude its proceedings, it production of documents that his motion to refer this matter to shall issue an interim report at had been passed by the Standing Committee. the 90-day mark and proceed

50 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 with the consideration until the prorogation. The Committee has organizational structure of the completion of its final report. also requested the authorization Government of Nunavut. The of the House to continue a review Department of Health and Social Committee Activities of the Aggregate Resources Act that Services was divided into two The Standing Committee on was ordered by the House in the entities: the Department of Health Public Accounts continued previous session. and the Department of Family its consideration of the 2012 On Monday, April 15, 2013 the Services. The Department of Special Report of the Office of Standing Committee on Social Human Resources was dissolved the Auditor General of Ontario Policy passed a motion pursuant and its functions transferred to on Ornge Air Ambulance and to Standing Order 111(a) to begin the Department of Finance and Related Services. The Committee a study relating to the oversight, the Department of Executive has examined 68 witnesses and monitoring and regulation of and Intergovernmental Affairs. has further public hearings non-accredited pharmaceutical The organizational changes scheduled for April and May companies. Given recent came into effect on April 1, 2013. The Committee has also reports of the administering of 2013. Minister Monica Ell was commenced Report Writing. diluted chemotherapy drugs, appointed Minister of Family On March 6, 2013, the Standing the committee commenced Services by Premier Eva Aariak. Committee on Public Accounts public hearings on the topic Minister Keith Peterson retained adopted a motion requesting the with witnesses appearing responsibility for the health Auditor General of Ontario to from the Ministry of Health portfolio. undertake a special assignment and Long-Term Care and the On February 26, to investigate the government’s hospitals affected by the issue. 2013, Pangnirtung MLA divestment of, and the operations The Committee continues its Hezakiah Oshutapik moved of the Ontario Northland consideration of the study with a motion to recommend the Transportation Commission. future public hearing dates. appointment of Sandra Inutiq On April 10, 2013, the as the Languages Commissioner William Short Committee adopted a motion of Nunavut. The Languages requesting the Auditor General Committee Clerk Commissioner of Nunavut is of Ontario to undertake a one of four independent officers special assignment reviewing of the Legislative Assembly the Modernization Plan of the who are appointed by the Ontario Lottery and Gaming Commissioner of Nunavut on Corporation. the recommendation of the Legislative Assembly. The Standing Committee The 3rd Session of the 3rd on General Government has Nunavut the authority under Standing Legislative Assembly will Order 111(a) to study and report he 2013 winter sitting of reconvene for its 2013 spring on certain matters relating to Tthe Legislative Assembly sitting on May 7, 2013. the mandate or operation of convened on February 26, 2013. Legislation ministries under its purview. It adjourned on March 19, The Committee has undertaken 2013. Minister of Finance A total of nine bills received two such studies. The first is a Keith Peterson delivered his fifth Assent during the Legislative study on traffic congestion in the Budget Address on February 27, Assembly’s 2013 winter sitting: Greater Toronto and Hamilton 2013. The proceedings of the • Bill 46, Donation of Food Act; Area, the National Capital Committee of the Whole during • Bill 47, Supplementary Region, and Northern Ontario; the 2013 winter sitting of the Appropriation (Operations and and the second is a study on House were dominated by the Maintenance) Act, No. 3, 2012- 2013; the auto insurance industry consideration of the Government in Ontario. Both studies were of Nunavut’s proposed 2013-2014 • Bill 48, Supplementary Appropriation (Capital) Act, initiated in the First Session main estimates and departmental No. 1, 2013-2014; of the Fortieth Parliament business plans. • Bill 49, Appropriation (Operations and have since been revived The 2013 budget implemented and Maintenance) Act, 2013- by the Committee following two major changes to the 2014;

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 51 • Bill 50, An Act to Amend the • Bill 40, Representative for and Privacy Commissioner Nunavut Elections Act; Children and Youth Act; Elaine Keenan Bengts appeared • Bill 53, An Act to Amend the • Bill 44, An Act to Amend the before the Standing Committee. Medical Care Act; Justices of the Peace Act; Senior officials from the • Bill 54, An Act to Amend the • Bill 51, An Act to Amend the Government of Nunavut’s Income Tax Act; Child and Family Services Act; Department of Executive and • Bill 55, An Act to Amend the • Bill 52, An Act to Amend the Intergovernmental Affairs also Student Financial Assistance Act; Nunavut Teachers Association and Act; appeared before the Standing Committee to respond to • Bill 56, Write-off of Assets Act, • Bill 57, Miscellaneous Statutes No. 1, 2011-2012. Amendment Act, 2013; Members’ questions concerning the administration of the • Bill 58, Public Service Act; Bill 46, which was introduced territorial Access to Information by Quttiktuq MLA Ron Elliott, • Bill 59, Collaboration for Poverty and Protection of Privacy Act. was the second Private Member’s Reduction Act; and Bill to have been considered • Bill 60, An Act Respecting the Order of Nunavut and passed by the Legislative Nunavut Law Foundation. On January 21, 2013, Speaker Assembly of Nunavut. The Committee Activities of the Legislative Assembly Donation of Food Act provides and Chairperson of the Order that a person who donates food On March 18, 2013, Chairman of Nunavut Advisory Council or who distributes donated Ron Elliott presented a report Hunter Tootoo announced the food is not liable for disease, of the Standing Committee re-opening of nominations for the injury, death or other harm on Rules, Procedures and Order of Nunavut. Nominations resulting from the consumption Privileges. The report made a closed on May 17, 2013. of that food unless the person number of recommendations for amendments to the Rules intended to harm the recipient Alex Baldwin or acted recklessly in donating of the Legislative Assembly of Office of the Legislative or distributing the food. Similar Nunavut concerning the filing Assembly of Nunavut provisions apply to the directors, of provisional government officers, agents, employees and responses to reports of standing volunteers of corporations and and special committees; the organizations involved in the number of supplementary donation or distribution of food. questions permitted to be asked Bill 50, which was introduced by Members during oral question under the authority of the period and the filing of petitions. Legislative Assembly’s The recommendations were Management and Services adopted by the House without Saskatchewan Board, amended the Nunavut opposition and will come into Elections Act to implement the effect on the first day of the ince the spring sitting recommendations contained in spring 2013 sitting. Sbegan on March 4, 2013, the 2011-2012 annual report of the The Legislative Assembly’s there have been rule changes, Chief Electoral Officer of Nunavut. Standing Committee on the establishment of a Special Speaker Hunter Tootoo appeared Oversight of Government Committee, a new Leader of before the Committee of the Whole Operations and Public Accounts the Opposition, the Budget on the occasion of its clause-by- held hearings during the week presentation and the passage of a clause consideration of the bill. of April 15-19, 2013, on the Private Members’ Public Bill. Nine bills are currently most recent annual reports to Rule Change the Legislative Assembly of the under consideration by the Two rule changes are of note. Languages Commissioner of Legislative Assembly’s Standing First, a provisional rule change Nunavut and the Information Committee on Legislation, which now allows the composition and Privacy Commissioner of is chaired by Nanulik MLA of the Standing Committee on Nunavut. The hearings were Johnny Ningeongan: Public Accounts to consist of televised live across the territory. • Bill 32, An Act to Amend the eight Members including two Languages Commissioner Legal Services Act; opposition Members for the Sandra Inutiq and Information

52 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 duration of the Legislature. Prior Commonwealth Day Private Members’ Public Bill to the rule change, there were The Saskatchewan Branch A Private Members’ Public Bill seven Members on PAC with of the Commonwealth that makes a substantial public the ratio of members being six Parliamentary Association policy change has passed all government Members and one held its annual dinner on stages and is awaiting Royal Opposition Member with the Commonwealth Day this year. Assent. This was a rare and Opposition Member as Chair. Senator Raynelle Andreychuk historical event in Saskatchewan. The second rule allows, the made the keynote address Mr. Broten introduced Bill No. Government House Leader, and spoke generally about the 604 – The Public Health (Asbestos- Jeremy Harrison, who is a Commonwealth of Nations, right-to-know) Amendment Act. Member of Executive Council its history and the diversity of This bill obliged the government but not a Minister of the Crown, membership among the nations. to establish an online registry to act on behalf of Ministers for She then discussed renewal of the of all government, crown the transaction of government Commonwealth including her role corporation and regional health business and to respond to as the Chair of the Standing Senate authority buildings that contain questions during Question Period. Committee on Foreign Affairs and asbestos. Assembly rules require Special Committee International Trade. The committee that Private Member’s Public was requested to conduct a hearing Bills or Motions can be adjourned A Special Committee on Traffic process on the Eminent Persons no more than three times and Safety has been appointed to Group’s recommendation that a then must be voted. In this conduct an inquiry on matters ‘Charter of the Commonwealth’ instance, the Bill received second related to improving traffic be established. Her personal reading and was referred to the safety and reducing fatalities. experience and comments about Standing Committee on Human The Special Committee on Canada’s contribution was Services. The Committee received Traffic Safety is seeking very insightful especially given presentation from Mr. Broten as recommendations from the the historical signing of the well as four invited witnesses public on improving traffic safety Commonwealth Charter by Her prior to clause-by-clause and reducing fatalities caused Majesty earlier in the day. consideration of the Bill. The Bill by impaired driving, distracted was reported to the Assembly driving, excessive speed, Budget Presentation with amendments and was read intersection safety, and/or wildlife On March 20, 2013, the Finance a third time under its new title, collisions, as well as education and Minister, Ken Krawetz presented Bill No. 604 – The Public Health public awareness issues related the province’s budget for (Howard’s Law) Amendment Act. to traffic safety. The Committee 2013-2014. The Budget entitled is planning public hearings in 12 Interparliamentary Relations Balanced Growth focused on communities and has been ordered infrastructure, labour force A delegation from the Free to report its recommendations by development, exports and State Legislature in South August 30, 2013. innovation. The budget also Africa visited Regina and the New Leader of the Opposition included more funding for Legislative Assembly for a women’s shelters, Alzheimer’s week in April. They travelled On March 9, 2013, the New First Link program and transit to Saskatchewan to study the Democratic Party held its assistance for the disabled. Assembly’s committee structure. leadership convention. They met with many Members of Cam Broten won on the The Opposition called the government’s budget a “credit the Government and Opposition, second ballot. Mr. Broten was received presentations from the subsequently appointed Leader card budget”. Opposition Finance Critic, Mr. Wotherspoon, criticized Legislative Assembly Service of the Opposition and named – including the Table Officers, as the new the government’s P3 project plans Trent Wotherspoon Committee Clerks, Legislative Deputy Leader. John Nilson stating, “the Sask Party is kicking responsibility down the road Librarian and Corporate Services. previously served as Leader of They also observed proceedings the Opposition on an interim with a buy now, pay later plan…” He also continued to condemn in the Assembly and met with the basis since the last general Press Gallery Association. election. Buckley Belanger was the Government’s financial previously the Deputy Leader. accounting practices.

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 53 Saskatchewan Teachers’ reviewed the government’s House during the review. On Institute on Parliamentary accomplishments in the last behalf of the government, and in Democracy year, and identified projects of response to the motions adopted particular importance to the in Committee of the Whole, the Speaker Dan D’Autremont territory, including the opening Minister committed to increase welcomed 18 teachers to the 2013, of the Deh Cho Bridge. The funding for the budgets of the Saskatchewan Teachers’ Institute bridge, spanning the Mackenzie Department of Industry, Tourism that was held from April 13th to River, now provides all-weather and Investment, the Department 17th, 2013. This year marked the road access to the Northwest of Health and Social Services and 15th Anniversary of the program. Territories. the Department of Environment Speaker Glenn Hagel The Commissioner outlined and Natural Resources. The launched the first Saskatchewan the government’s plans for changes were introduced in Teachers’ Institute on the upcoming year, noting the a subsequent supplementary Parliamentary Democracy in planned construction of both the appropriation bill introduced 1999, with the aim of developing Inuvik to Tuktoyaktuk portion of later that same sitting. a strategy to enhance the the Mackenzie Valley Highway, The House debated seven understanding of parliamentary the Mackenzie Valley Fibre Optic substantive motions during the democracy in the classroom. Link, and continued negotiations sitting. Since then, well over 200 teachers with the federal government from across Saskatchewan have • Federal Changes to concerning an agreement on the Environmental Law participated in this important devolution of land and resources. (Defeated) institute. During the five-day In the Budget Address, which • Federal Support for Sahtu institute teacher participants was delivered on February 7, Jobs and Economic Growth receive a behind the scenes look 2013, J. Michael Miltenberger, (Adopted) at democracy at work within our Minister of Finance, provided • Gasoline Pricing Regulations province. The participants had details of the government’s (Adopted) the opportunity to meet with economic plans for the next • Secondary Diamond Industry the Lieutenant Governor, the fiscal year. The budget reflected (Adopted) Speaker, the Premier, cabinet the input that the government • Ground Ambulance and ministers, caucus leaders, Whips received from the standing Highway Rescue Services and Chairs, as well as with (Adopted) committees and from Budget private members, the Clerk and Dialogue 2012, public meetings • Plebiscite on Ratification of other members of the Legislative Devolution Final Agreement held in regional centres across the Assembly Service, Officers of (Defeated) NWT. the Assembly, press gallery • Referral of Proposed association and the judiciary. Following the Budget Ombudsman Office to Standing Address, and in keeping with the Committee on Government Stacey Ursulescu Assembly’s budget procedures, Operations (Adopted) Committee Clerk the Finance Minister tabled Legislation the 2013-2014 Main Estimates of the Northwest Territories. A number of bills were The Estimates document considered during the February/ was immediately moved into March sitting with eight bills Committee of the Whole for receiving Royal Assent. review by the Assembly. One of the more substantive Northwest Territories The House considered the legislative initiatives was Main Estimates by department Bill 3: Wildlife Act. The Bill was he Commissioner of the over the next eighteen sitting introduced; received first and TNorthwest Territories, days, adopting eighteen motions second reading; and was referred George L. Tuccaro, formally pertaining to the budget to the Standing Committee on opened the Fourth Session of document. Economic Development and the 17th Legislative Assembly Infrastructure for consideration. on February 6, 2013. The On March 8, 2013, The Bill is similar to one Commissioner’s Address Mr. Miltenberger rose to introduced in the 16th Assembly acknowledge the work of the

54 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 which did not receive Third Tlicho Government to formally of Education, Culture and Reading and remained on the sign the agreement. Employment, Jackson Lafferty. Orders when the House dissolved The Devolution Agreement Mr. Lafferty referred to a in August, 2011. Substantive will transfer the decision-making statement by Bob Bromley, changes from the current Wildlife and administrative authority for under the rubric Replies to Act include: land and resource management Opening Address. Mr. Bromley • Recognizing Aboriginal and from the Government of took that opportunity to read treaty rights and land claim Canada to the Government of into the record a poem written provisions in the new Act the Northwest Territories. The by a constituent outlining her • Establishing cooperative territorial government will difficulties with the Income management become responsible for the Support Program. Mr. Lafferty • Changing age and residency management of onshore lands argued that the poem identified requirements for hunting a civil servant by name and in licences and the issuance of rights and interests with respect to onshore so doing breached a practice and • Delivering harvester training precedent of this Assembly. The courses minerals and oil and gas, including sharing in resource Speaker, in his ruling delivered • Modernizing conservation and on March 14, 2013, did rule that management measures revenues generated in the Northwest Territories. Mr. Lafferty had a point of order • Specifying harvest allocation in that Mr. Bromley did make priority Points of Order reference to an individual not a • Increasing fines for offences Two points of order were Member of the House and not able and allowing for alternative to defend herself publicly. The measures of punishment raised during the spring sitting. On February 25, 2013, Speaker also cautioned Members that although the poem was Devolution Agreement Robert Hawkins rose on a point of order regarding a verbal written by a constituent, Members On March 11, 2013, the are not allowed to do indirectly Prime Minister of Canada, exchange during Oral Questions. Mr. Hawkins alleged that the what they are prevented from Stephen Harper, was present doing directly. The Speaker called in the Legislative Assembly Premier, in responding to his question, referred to confidential upon Mr. Bromley to retract his Chamber for the historic signing remarks and apologize to the of the Northwest Territories standing committee discussions during an earlier Assembly House. Mr. Bromley immediately Lands and Resource Devolution complied. Agreement. Accompanying regarding the removal of a capital the Prime Minster was project from the infrastructure Conflict of Interest Complaint Bernard Valcourt, Minister budget. After consideration, The Conflict of Interest of Aboriginal Affairs and Speaker Jackie Jacobson advised Commissioner, G. L. Gerrand, Northern Development; and the House that he could find no presented a report to the House Leona Aglukkaq, Minister of actual evidence regarding the respecting a complaint by Health, Minister of the Canadian breach of confidentiality and Mr. Hawkins alleging misconduct Northern Economic Development further, that no committee of the by David Ramsay, Minister of Agency and Minister for the Assembly has the authority to Transportation. At issue were Arctic Council. remove a capital project. That authority rests solely with the Mr. Ramsay’s actions with The Prime Minister addressed Assembly. The Speaker found respect to inviting and arranging the Members of the Legislative there was no point of order, but for transportation for MLAs, Assembly and a delegation did caution the Assembly on both department officials, and family of invited dignitaries. The the importance of committee members to the formal opening Prime Minister was joined by confidentiality and the concern of the Deh Cho Bridge. In his the Premier of the Northwest that accurate information report, Mr. Gerrand concluded Territories, Bob McLeod, and regarding the decision-making that Mr. Ramsay did not breach representatives from the Gwich’in process of the Assembly be the relevant provisions of the Tribal Council, Inuvialuit provided to the public. Legislative Assembly and Executive Regional Corporation, Northwest Council Act and dismissed the Territories Metis Nation, Sahtu A second point of order complaint as frivolous and Secretariat Incorporated, and the was raised by the Minister vexatious.

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 55 Committee Activity twenty-three motions adopted and the Legislative Assembly and concurred with by the House showcased an exhibit of paintings The Standing Committee on during formal session. commemorating the War of 1812. Government Operations, Chaired by Michael Nadli, presented After the introduction of Budget Wildlife Act its report, titled Review of the Bill 3: , the Standing The third session of the 2011-2012 Northwest Territories Committee on Economic 57th legislature adjourned on Human Rights Commission Annual Development and Infrastructure December 21, 2012 and resumed Report, to the House on March began its consideration of the on March 26, 2013, when Finance Bill with a public meeting in 7, 2013. The report was received Minister Blaine Higgs delivered and, pursuant to the Rules of the Yellowknife on March 15, 2013. his third budget address, stating Legislative Assembly, moved The Committee then continued “while we need to take action into Committee of the Whole for its public review, travelling to on our declining revenues, we consideration. Three motions the northern part of the territory will also continue to manage related to the report were for meetings during the week of taxpayers’ dollars smarter and adopted in Committee of the April 8, 2013. Further travel is strengthen the economy today Whole and concurred with by the planned for May and June, 2013. so that we can have a brighter House in formal session. The Standing Committee future.” The budget focuses on On the same day, the Speaker on Priorities and Planning strengthening the economy while tabled the Auditor General of met in Inuvik for a committee addressing the provincial deficit Canada’s report, Northwest retreat. Two members of the with spending efficiencies and Territories Income Security Committee failed to attend all revenue initiatives. Programs-Department of Education, or part of the two-day meeting. The budget includes more Culture and Employment. The Consequently, Committee Chair than $230 million in spending report was then referred to Kevin Menicoche tendered his reduction initiatives across the Standing Committee on resignation as Chair, which was departments that are designed Government Operations for accepted by the other Members. to offset inflationary pressures, review and consideration. Deputy Chair Daryl Dolynny has allow for new investments and The audit identified systemic assumed the responsibilities of control departmental spending. problems with the delivery the Chair until such time as the Excluding the one-time pension of identified income support Committee selects a new Chair. cost, total expenses in 2013-14 programs. The Committee are increasing by one per cent Gail Bennett examined the report during over the 2012-13 third-quarter public meetings with senior Principal Clerk, Operations mainly due to new investments, officials from the Office of compared to the 4.4 per cent the Auditor General and the average annual expense growth Department of Education, over the previous nine years. Culture and Employment on April 16-17, 2013, and released Reviews are underway a statement challenging the in the departments of Department to act on the Health, Education and Early recommendations of the Auditor Childhood Development, Social General and improve delivery of New Brunswick Development, and Transportation income security programs. and Infrastructure to identify uring the first five weeks of efficiencies in service delivery. The Standing Committee on Dthe spring sitting of the New The budget includes further tax Rules and Procedures, Chaired Brunswick Legislative Assembly, measures introduced to balance by Mr. Bromley presented its the government brought down revenues and spending. Personal Report on the Review of the Report the 2013-2014 Budget, a number income and corporate income tax of the Chief Electoral Officer on the of bills were introduced, the rates were increased. Administration of the 2011 Election Conflict of Interest Commissioner The government sought to the House on March 13, 2013. filed a report, a former Premier This report was also received and the input and assistance of the resigned his seat, the House public in the creation of the moved into Committee of the welcomed a new Member Whole for consideration, with 2013-2014 Budget. The provincial

56 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 government received ideas need to maintain our core areas to be a Member. Currently, only through a revamped “Tax-payers and create incentives so that former Members of the Executive First” website on how to raise industries invest in our region. Council are prohibited from Furthermore, politics must be revenues and deliver public conducted differently if we accepting employment, unless the services more efficiently and want our province to be a good contract is with respect to further effectively. place to live, people to have a duties in service of the Crown. better future, and our province The amendments would also In his response to the budget to become prosperous. address during the second of allow for the Conflict of Interest six days allotted for debate Legislation Commissioner to recommend reimbursement to the Crown for on the budget, Finance Critic Noteworthy legislation any legal fees paid to a Member Hédard Albert stated as follows: was introduced to start the of the Legislative Assembly who spring sitting. Of particular The budget shows more than had been found to be in breach $230 million in spending interest are a number of of the Members’ Conflict of Interest reduction initiatives. The bills that seek to discourage Act. government is reducing, patronage appointments within but there is still a deficit. I Opposition House Leader will repeat this, because it is government. Both government important to say it. Despite and opposition members have Bill Fraser introduced two the reductions already made introduced bills that encourage bills that also aim to reduce by Conservatives, there will transparency and accountability patronage appointments within still be a deficit of $479 million. with respect to various government. An Act to Amend Will the government target the Members’ Conflict of Interest its reductions, or will we be government practices. Act would prohibit government returning to what it did during An Act to Amend the New from awarding contracts or its first year in office, when Brunswick Liquor Corporation it imposed a 2% reduction employment to former members Act, introduced by the Finance across the board? Regardless of of the Executive Council for Minister modernizes the process whether children are affected, a period of four years after regardless of whether income by which the President of New they cease to hold office. The assistance recipients, the poor, Brunswick Liquor is appointed. Competitive Appointments Act or seniors are affected, the The amendments will also government reduces by the was characterized as an “anti- improve the selection process same rate across the board. patronage bill” that would ensure for the position by ensuring that However, it does not say so in that all deputy heads, Chairs, the budget. I look forward to recruitment is led by the Board presidents, and CEOs of Crown the budget estimates in order of Directors, that the selection is Corporations, agencies, boards to ask questions and find out merit based and objective, and where these reductions will and commissions are hired based that the successful candidate occur. on merit. has the necessary skills and In New Brunswick, we need concrete action, a sound plan, qualifications to serve in the Conflict of Interest vision, and leadership. That is position. Commissioner Releases Report what we are lacking in New The Economic Development Brunswick. Unfortunately, New Brunswick’s Conflict of that does not exist. That is Minister Paul Robichaud Interest Commissioner, Justice why we are headed toward a introduced both An Act Respecting Patrick A. A. Ryan, released a $479-million deficit next year, Officers of the Legislative Assembly report in February, following a and we do not even know and An Act to Amend the Members’ lengthy investigation. The report when there will be no more Conflict of Interest Act. The first deficit. New Brunswick has considered former Premier potential, opportunities, good bill will help to harmonize Shawn Graham’s involvement people, and a good quality of the provisions relating to the in his government’s offering of life. Our leader, Brian Gallant, appointments, mandates, salaries $50 million in loan guarantees believes in our province, our and responsibilities of various to a New Brunswick based potential, our opportunities, Officers of the Legislative our industries, and our people. company, Atcon. Although the He knows that we must invest Assembly. The second bill would Commissioner stated that there in our residents, our people. prohibit all former Members of was no evidence that Mr. Graham Investment in education and the Legislative Assembly from benefited directly from the loan training is needed. Job creation being employed with the Crown guarantees, Justice Ryan found must be a priority. There is a for 12 months after they cease

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 57 that Mr. Graham was in a conflict served as the Official Leader of Throne. Mr. Nicholson informed of interest, as a family member the Opposition from 2010 until the House that His Excellency had connections to the group 2012. Mr. Boudreau represents the Governor General had given receiving the loan guarantee the riding of Shediac-Cap Pelé in Her Majesty’s name the Royal benefits and recommended that a and is Opposition Critic for Consent to the Bill. monetary fine be imposed. Post-Secondary Education, Derived from British practice Training and Labour and Deputy Former Premier Resigns and among the unwritten rules Opposition House Leader. and customs of the House of Shawn Graham was elected War of 1812 Art Exhibit Commons of Canada, Royal Leader of the New Brunswick Consent is required for any Liberal Party in 2002. Mr. Graham The Legislative Assembly of New legislation that affects the was first elected to the Legislative Brunswick hosted an exhibition prerogatives, hereditary Assembly in a by-election in of paintings commemorating revenues, property or interests the riding of Kent in 1998, and the march undertaken by the of the Crown. It does not signify th was subsequently re-elected in 104 Regiment of Foot (New approval of the substance of the 1999, 2003 and 2006. Mr. Graham Brunswick) during the War of measure, but only that the Crown became Premier after his party 1812. Member Yvon Bonenfant agrees to remove an obstacle to captured a majority of seats in welcomed the artists to the the progress of the bill so that the the 2006 election. In May 2009, Legislative Assembly in April, latter may be considered by both Mr. Graham was awarded when the two-week exhibition Houses and ultimately submitted an Honorary Doctor of Laws commenced. Several celebrations for Royal Assent. degree from the University of were organized across the New Brunswick. Mr. Graham province to mark the 200th On February 4, the Leader of also holds a Bachelor of anniversary of the War of 1812 the Government, Peter Van Loan Physical Education degree from and the involvement of the sought and obtained unanimous UNB (1991) and a Bachelor people of New Brunswick. consent to move a motion to deem of Education degree from St. Bill C-53 adopted at all stages Thomas University (1993). Rose Campbell in the House and passed. The motion was agreed to and the Bill Clerk Assistant and Committee Clerk Mr. Graham served as was sent to the Senate. On March Premier of New Brunswick until 13, the Bill received Royal Assent. September 2010 and stepped down as Leader of the Liberal On March 19, at the request Party on November 9, 2010. of the Minister of Finance, Mr. Graham continued to serve Jim Flaherty, an Order of the as the MLA for Kent until his Day was designated for the resignation on March 11, 2013. consideration of a Ways and Means motion for a Budget New Member Sworn In presentation. On March 21, Mr. Flaherty moved “[t]hat On April 30, the Leader of the House of Commons this House approve in general Liberal Party, Brian Gallant, was the budgetary policy of the sworn in as an MLA. Mr. Gallant he House of Commons government” and presented was elected Leader of the New adjourned for the winter the Budget speech. Following Brunswick Liberal Party on T break on December 12, 2012, and the usual four days of debate, October 27, 2012 and was elected resumed sitting on January 28, the motion was agreed to on to the Legislative Assembly in an 2013. The information below March 27. April 15 by-election in the riding covers the period from January 28 of Kent. The by-election was to April 30, 2013. Procedure, Points of Order, and called following the resignation On January 31, the Minister Questions of Privilege of former Premier Graham. of Justice and Attorney General On January 29, extending a Mr. Gallant, a corporate of Canada, Rob Nicholson practice in effect since 2010, the An Act lawyer, replaces Victor Boudreau introduced Bill C-53, House adopted the following to assent to alterations in the law as the Official Leader of the motion: Opposition. Mr. Boudreau touching the Succession to the

58 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 That, notwithstanding the information between government regulations to determine whether provisions of any Standing Members and opposition they are inconsistent with the Order, for the remainder of Members. Canadian Charter of Rights and the 41st Parliament, when a recorded division is to be held In his ruling, the Speaker Freedoms and the Canadian Bill on a Tuesday, Wednesday or noted that former Chair of Rights. Based on allegations Thursday, except recorded occupants have been quite made by a senior official of the divisions deferred to the categorical in stating that Department of Justice in a claim conclusion of oral questions, currently before the courts, the bells to call in the Members parliamentary privilege applies shall be sounded for not more only in instances where Members Mr. Martin argued that Members than thirty minutes. were participating in what is could not have confidence that The same day Speaker deemed to be a parliamentary legislation presented to them Andrew Scheer ruled on a point proceeding, and stated it was had been adequately reviewed of order raised on November 29, beyond the purview of the Chair for conformity with the Charter 2012 by Sean Casey regarding to intervene in departmental and Bill of Rights. This, he the relevance of the government’s matters or government processes. argued, effectively impeded response to a written question The Chair did not conclude Members in their consideration of he had submitted. In his ruling, that the Member for Ottawa– government bills. the Speaker reminded the House Vanier had been impeded in the In their replies, Mr. Van Loan of the well-established practice performance of his parliamentary and Mr. Nicholson both stated that Speakers do not judge the duties, and thus found that no that the issue was not raised in quality of government responses prima facie breach of privilege had a timely fashion, that the sub to questions, whether written or occurred. judice convention should be oral, and stated that the written On March 18, the Speaker considered, and that the question question process is intended to delivered his ruling on a question was actually a question of law, be free of argument and debate. of privilege by Opposition and not for the Speaker to decide. In order to protect the integrity of House Leader Nathan Cullen The Speaker ruled that he was the process, he encouraged those relating to statements made by satisfied that the Member had submitting questions and those the Minister of Human Resources raised the question at the earliest preparing answers to bear that and Skills Development to the opportunity, that the House principle in mind. House. Mr. Cullen argued that should be cautious in taking steps On February 7, the Speaker the Minister had made false that might result in a process that ruled on the question of privilege statements in regard to the would run parallel to the court raised by Mauril Bélanger existence of a quota program proceedings, but that it was not regarding the difficulty he for Employment Insurance within the Speaker`s purview to had encountered in obtaining inspectors. rule on legal matters or interpret law. information from Public Works In her reply, Diane Finley and Government Services explained that her previous On March 26, Mark Warawa Canada. Mr. Bélanger charged statements in the House were rose on a question of privilege that government procedures correct, and there was no regarding freedom of speech and requiring elected officials to seek “quota” program, but rather the right of a Member of Parliament public information through the “performance targets” for staff. to make a statement under Minister’s office, while ordinary The Speaker ruled that this was Standing Order 31. Having been citizens could obtain the very a disagreement over the facts, denied the opportunity to present same information directly from and that based on the arguments a statement under S.O. 31 by his the department, impeded him made, he could not find that the party, he argued that such a denial from carrying out his duties House had been deliberately of his right to speak impeded his as a Member, particularly as misled. ability to represent his constituents he required the information in and that it is the Speaker’s role to preparation for Oral Questions. On March 27, the Speaker recognize Members. ruled on the question of He further argued that this Further, while recognizing the disparity in procedures was being privilege by Pat Martin, regarding the Minister of practice of parties submitting lists applied in such a manner so as to of speakers for the proceedings, create an inequality of access to Justice’s statutory obligation to examine government bills and he contended that such lists

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 59 should not be used to deny a Act to amend the Criminal Code Immigration presented its Eighth Member’s right to speak. He (cyberbullying). The report was Report, in which it requested therefore requested that the concurred in by the House on the power to expand the scope Speaker find his removal from March 27. of Bill C-425, An Act to amend the S.O. 31 speaking list, and thus On March 21, the Subcommittee the Citizenship Act (honouring the his inability to speak, a breach of on Private Members’ Business Canadian Armed Forces), so that privilege. A total of 19 Members of the Standing Committee on the provisions of the Bill would rose to address this question in Procedure and House Affairs met not be limited to the Canadian the ensuing weeks. In his April 23 and it was agreed that motion Armed Forces. On April 25, ruling on the matter, the Speaker M-408, standing in the name of Bob Rae raised a question of gave an overview of the history Mr. Warawa, be designated non- privilege in which he argued of the use of speaking lists and votable. that allowing the Committee explained the role and authority to expand the scope of the bill of the Chair to recognize On March 27, Mr. Warawa would be tantamount to allowing Members to speak. He stated, appeared before the Standing the government majority to Committee to appeal the change the nature of private …the Chair has to conclude, Subcommittee`s decision. The based on this review of Members bills. Further, he our procedural authorities Member argued that, contrary argued, the Committee’s options and other references, that to the determination of the for dealing with the Bill were its authority to decide who Subcommittee, his motion did limited to the those described in is recognized to speak is not meet the criteria for non- Standing Order 97. At the time indisputable and has not been votability, notably in that it did trumped by the use of lists, of writing, the matter was under as some Members seem to not concern a question outside consideration by the Speaker. suggest. of federal jurisdiction, nor did He then reminded Members it concern a question that is Committees that even if their names appear substantially the same as one On February 26, the House on speaking lists, those wishing already voted on by the House adopted an opposition motion of Commons in the current to speak must nonetheless rise moved by Carolyn Bennett to in the House to be recognized. session. The Committee upheld establish a special committee to Declaring that he could find no the decision of the Subcommittee conduct hearings on the critical evidence that the Member has and concurred in its report. matter of missing and murdered been systematically prevented On March 28, the Committee Indigenous women and girls in from seeking the floor, he could presented its Forty-Seventh Canada and to propose solutions not agree that Mr. Warawa`s Report to the House stating to address the root causes of privileges had been breached. that the item M-408 should be violence against Indigenous He concluded by stating that designated non-votable. While women across the country. the Chair would continue to be Mr. Warawa could have appealed The Committee is to report its guided by the lists submitted the decision to the House, recommendations to the House by the parties, but if faced pursuant to Standing Order 92.1, no later than February 14, 2014. with a situation where he was he chose to substitute a private The newly-created Special called upon to decide who to Member’s bill for the motion. Committee on Violence Against recognize, he would use its On February 13, Bill C-383, Indigenous Women held its first discretion to ensure Members Transboundary Water Protection meeting on March 26. Act are recognized in a “…balanced was passed in the House. On March 7, the Standing way that respects both the will This is only the second time Committee on Procedure and of the House and the rights of that a private Member’s House Affairs presented to the individual Members.” bill has received a Royal House its Forty-Second Report, Recommendation. The other Private Members’ Business entitled Access to Information instance occurred in 1994 with Requests and Parliamentary An Act to amend the On February 28, a report from the Bill C-216, Privilege. In the Report, the Unemployment Insurance Act (jury Standing Committee on Justice Committee recommends service) and Human Rights was tabled . guidelines for the House to recommending that the House On April 23, the Standing follow in order to determine its not proceed with Bill C-273, An Committee on Citizenship and

60 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 response to access to information Affairs,Stephen Blaney, added killed or injured on the job. The requests in which the House is Minister for La Francophonie statements were followed by a a third party. The Committee to his duties; and Minister of moment of silence. emphasized that, by agreeing National Revenue Gail Shea Two resolutions were adopted to disclose or not to disclose added Minister for the Atlantic on March 18, the first reaffirming documents, the House in no way Canada Opportunities Agency to Canada’s commitment to the would be waiving its privileges her current role. Treaty of the Non-Proliferation and the usual protections Claude Patry withdrew from of Nuclear Weapons, and the afforded to its Members, its staff the New Democratic Party caucus second reaffirming the House or its witnesses would remain. to sit as a member of the Bloc zero-tolerance policy for all forms The Committee’s study and Québécois on February 28. of terrorism and condemning subsequent Report resulted from any attempt to glorify a member a suggestion by the Speaker On March 14, the Speaker informed the House of the of the FLQ found guilty of such that the Committee review criminal activity. A resolution the question after an access to resignation as member of Peter Penashue, Minister of condemning the attacks information request received perpetrated during the 2013 by the Auditor General’s Office Intergovernmental Affairs and President of the Queen’s Privy Boston Marathon and expressing in June 2012 sought e-mail sympathies to the victims and communication between House Council for Canada. Accordingly, a warrant was addressed to the their families was adopted on staff and the Auditor General’s April 16. Office related to the Auditor Chief Electoral Officer for the General`s appearance before issue of a writ for the election of On February 5, the House several parliamentary committees. a Member to fill the vacancy. On resolved itself into a Committee March 19, Denis Lebel assumed of the Whole for a take-note The Standing Committee responsibility for the ministerial debate on the conflict in Mali. on Procedure and House position. On May 13, Yvonne Jones Affairs has also studied the On March 20, on a motion was elected as the new member for of Mr. Van Loan, the House Federal Electoral Boundaries Labrador. Commission Reports of each approved the reappointment of province, which had been tabled On April 14, 2013, Justin Graham Fraser as Commissioner by the Speaker and referred to Trudeau became Leader of the of Official Languages for a term the Committee pursuant to the Liberal Party of Canada. of three years. Electoral Boundaries Readjustment During the last few months Act, R.S. 1985. To date, the several moments of silence were Julie-Anne Macdonald Committee has reported to the observed. The Speaker invited Procedural Clerk Table Research Branch House on the Federal Electoral Members to rise and observe Boundaries Commissions reports a moment of silence following for Nova Scotia, Manitoba, Prince the death of Steve Dery of the Edward Island, Newfoundland Kativik Regional Police Force and Labrador, Alberta and New who was killed in the line of duty Brunswick and submitted a in Kuujjuaq, Québec. report requesting an extension for Following a statement by studies on the Saskatchewan and Frank Valeriote, a moment British Columbia reports. of silence was observed for Other Matters Constable Jennifer Kovach of the Alberta Guelph Police Service who died On February 22, in the line of duty. he Spring Sitting, a Bernard Valcourt was named Following a statement by Tcontinuation of the First Minister of Aboriginal Affairs th , a moment Session of the 28 Legislature, after John Duncan resigned his Robert Chisholm of silence was observed for began on March 5, 2013, which position as minister. Kerry-Lynne is a departure from the usual Rehtaeh Parsons. Findlay took over the post of practice in Alberta as the House Associate Minister of National Several Members made tends to sit twice per session Defence; Minister of Veterans statements to mark the National with a fresh session starting each Day of Mourning for workers

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 61 spring. It is the first time, since serving on the Legislative Bill 201 – Request for Early 1992-1993, that the Assembly has Policy Committees, the Consideration had a session which comprises Standing Committee on Public Accounts, and the Standing On March 5, 2013, the Assembly three or more separate sittings. As Committee on Privileges, began its third sitting of the the sitting was a continuation of Elections, Standing Orders and First Session. This deviation the First Session of the Assembly Printing were reduced to 18 for from practice raised interesting there was no Speech from the each committee; questions about some practices Throne and instead, the Assembly • Previously the estimates for and procedures. One such moved almost immediately to the each ministry were reviewed question arose regarding the business of Budget 2013. for three hours. The time allocation for each ministry progress of Bill 201: Scrap Metal Budget 2013 now ranges from two to six Dealers and Recyclers Identification hours, a timeframe to be Act, sponsored by Dave Quest, On March 7, 2013, Doug Horner, determined by the committees President of Treasury Board and in conjunction with the MLA for Strathcona-Sherwood Minister of Finance, delivered Government House Leader Park. On November 19, 2012, the 2013-14 Budget Address in (consideration for the main Bill 201 was debated for 46 estimates of Executive Council minutes in Committee of the the Legislative Assembly. This remain set at two hours); year the Province’s fiscal plan Whole. Anticipating that the Bill • Ministry staff are now allowed was divided into three separate would be debated in Committee not only to attend to assist the of the Whole for the remaining categories: operational expenses, minister but, at the discretion capital spending and savings. The of the minister, to address a time on the following Monday, operational budget received no committee directly; November 26, 2012, Mr. Quest increase over 2012-2013 including • Unlike previous years in which submitted a request for early no adjustments for inflation or all committee meetings on consideration of Bill 201 as he population growth. The capital the estimates were held in the would be out of the country on evening, the new Standing plan expenditures of $5.2 billion official business on Monday, Orders allow for meetings December 3, 2012. In response anticipated for 2013-2014 are to on Monday from 7:00 p.m. to be financed in part by borrowing 10:00 p.m., on Tuesday and to this request Speaker Gene and public-private partnerships. Wednesday from 8:00 a.m. until Zwozdesky, indicated on In Alberta, borrowing to finance noon, 3:30 p.m. to 6:30 p.m., November 26 that, “if there is and 7:00 p.m. to 10:00 p.m., and operating costs is prohibited, any available time remaining on Thursdays from 8:00 a.m. for Private Members’ Bills this and a cap on the cost of capital until noon; borrowing limits debt-servicing afternoon, then further to the • During the period in which Honourable Member’s request, costs to three per cent of a the main estimates are three-year average of annual under review it is generally the House would then proceed to operational revenues. Budget anticipated that the Assembly third reading of Bill 201.” In spite 2013 also includes a legislated will adjourn at around 3:00 of these arrangements Bill 201 did p.m. in the afternoon following savings strategy for the province not receive early consideration on completion of the Daily either November 26 or December which sets out a formula Routine and matters arising in identifying the portion of non- connection with the routine, 3, 2012, because both afternoons renewable resource revenue to be if the Assembly is still sitting were taken up entirely with set aside in savings. The budget at 3:30 p.m. and a committee debate on Written Questions and meeting is scheduled to begin, Motions for Return. includes no tax increases or new Standing Order 59.01(5)(c) taxes. provides that the committee Once the House adjourned proceed with its meeting on December 6, 2012, it seemed Changes to the Standing Orders unless a vote is called in the likely that Bill 201 would die On March 5, 2013, the Assembly Assembly, in which case the on the Order Paper when the committee must recess to allow passed a motion amending the its Members to attend and vote; Assembly prorogued and Standing Orders. Most of the and began a new session in the changes relate to the way in • During the main estimates spring. However, once it was which the Assembly considers other Standing and Select determined that the session main estimates. The changes committees may not meet nor would continue into a third include: may the Legislative Policy sitting the status of the request Committees meet for any other for early consideration was • The number of Members purpose.

62 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 revisited. On April 8, 2013, Chair advised that he was of interjurisdictional issues, Committee of the Whole reported the opinion that the matter Aboriginal consultation, and Bill 201 just before the Assembly did meet the basic threshold environmental considerations. was scheduled to move on to that the matter touched on Some of the recommendations its next item of business. After privilege, and, therefore, that it found in the report include the Assembly concurred in the was appropriate for the Committee support for pursuing report Mr. Quest rose and moved to decide whether the matter consultations and partnerships third reading of Bill 201. There should be reported to the House. with First Nations and Métis, a were no speakers after the Bill Brian Mason, Leader of the New preference for run-of-the-river was moved, and Bill 201 received Democrat Opposition, moved hydroelectric project models third reading just moments that the Committee report the over storage dam hydroelectric before Motions Other Than purported question of privilege to projects, and work with the Government Motions was called. the Assembly. After debate on the federal government to assess the In the end, almost a year after its issue a recorded vote was held, and impact of hydroelectric projects introduction, Bill 201 completed the motion was defeated by a vote on animal and plant life. With its journey through the House of four in favour to six opposed. the completion of this review and has received Royal Assent. Brian Fjeldheim, Chief the Committee now has Bill 205, Fisheries (Alberta) Amendment Act, Committee Activity Electoral Officer, advised the Standing Committee on 2012 under consideration. At its meeting of February 27, Legislative Offices that he would The Standing Committee 2013, the Special Standing not be seeking reappointment on Alberta’s Economic Future Committee on Members’ Services, following the expiry of his completed its review of Alberta’s chaired by Speaker Zwozdesky, term of office on April 23, Bitumen Royalty-in-Kind program addressed a purported question 2013. The appointment of the and tabled its report on May 6, of privilege that had been held Chief Electoral Officer expires 2013. In its report the Committee over from the Committee’s 12 months after polling day recommended that additional February 7, 2013, meeting. The for a general election unless Bitumen Royalty-in-Kind programs question related to whether or the Chief Electoral Officer is proceed in an efficient, organized not a tweet sent out prior to the reappointed by the Lieutenant fashion with consideration given February 7 committee meeting by Governor in Counsel on the to the potential for carbon capture Premier Alison Redford stating recommendation of the Standing and storage. that “PCs will freeze MLA pay Committee on Legislative Offices. Irlen Syndrome and housing allowances today” Bill 204, A nine-member Select Special Testing Act, a Private Member’s infringed on the independence Chief Electoral Officer Search of the all-party committee. The Bill sponsored by Mary Anne Committee has been appointed Jablonski, Member of the Chair noted that there was no for the purpose of inviting precedent found in Alberta Legislative Assembly for Red applications for the position of Deer-North, was referred to the for dealing with a question of Chief Electoral Officer and to privilege in a special or standing Standing Committee on Families recommend to the Assembly and Communities. committee. Authorities, including the applicant it considers most House of Commons Procedure suitable to this position. Ralph Klein 1942 – 2013 and Practice (2nd ed.), were consulted to provide guidance Prior to the commencement Former Premier Ralph Klein as to the procedures for dealing of main estimates consideration passed away on March 29, 2013. with a question of privilege in the Standing Committee on His passing was acknowledged committee. The Chair clarified Resource Stewardship completed in the Assembly with a moment that in his role as Chair he could its review on the potential for of silence, a Ministerial determine if the issue has some expanded hydroelectric energy Statement with responses, and connection to the subject of production in northern Alberta. a Member’s Statement. For privilege but that he was not in The Committee tabled its report the public, condolence books a position to determine whether in the Assembly on March 11, were set up in the rotunda of or not the issue constituted a 2013. The report commented the Legislature Building and prima facie case of privilege. on a variety of issues such as in many government buildings Having clarified his role, the economic viability and financing, throughout the province, and

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 63 an online tribute page was As the eighth Speaker of the created. A public celebration Legislative Assembly of Alberta of his life, held in Calgary on Mr. Amerongen presided over April 5, 2013, was attended by the first televised broadcast of the notable and diverse political House proceedings on March 15, figures from across the country, 1972. He was the second Speaker including Prime Minister in Alberta to exercise his Stephen Harper, former Prime casting vote, and it was under Minister Jean Chrétien, and the his leadership that the Alberta n February 21, after two current and former premiers Hansard was established. Despite Oweeks had been spent from several Canadian provinces the controversies and challenges considering the Government’s as well as representatives from of the day, during his 14 years 2013–2014 budgetary estimates, First Nations communities. as Speaker he never expelled Bill 19, Appropriation Act No. Mr. Klein first became a Member a Member from the Chamber 1, 2013–2014, introduced by of the Legislative Assembly and, in his own judgement, the Minister responsible for of Alberta in 1989 when he Mr. Amerongen interpreted the Government Administration and was elected to represent the rules freely in order to allow an Chair of the Conseil du trésor, constituents of Calgary-Elbow. open flow of discussion from Stéphane Bédard, was passed on He spent time in Cabinet as both sides of the House. the following vote: yeas: 52, nays: Minister of Environment before 51, no abstentions. being selected as the leader Regional Conference in Alberta Directives from the Chair of the governing Progressive Speaker Gene Zwozdesky, Conservative party and sworn will welcome delegates from On February 12, the President in as premier in 1992. Less across the country to Alberta of the National Assembly, than a year later, in 1993, he for the 51st Commonweath Jacques Chagnon gave a directive won the first of four general Parliamentary Association in reply to the House Leader of election victories as leader of Canadian Regional Conference the Second Opposition Group, the Progressive Conservatives. to be held July 14-20, 2013. The Gérard Deltell, who had asked Mr. Klein served the province as program for conference delegates the Chair to make a ruling premier until December 2006 and is being developed to ensure establishing a reasonable time as a Member of the Legislative ample learning opportunities, period in which Ministers were Assembly until his retirement in socializing with colleagues from required to send the Members January 2007. other jurisdictions and options for the documents allowing them exploring the best that Edmonton to prepare for the examination Gerard Amerongen 1914-2013 and surrounding area have to of the budgetary estimates. The Former Speaker Gerard offer. Meanwhile the partners’ Chair believed that a reasonable Amerongen passed away at and children’s programs will period of time was indeed age 98 on April 21, 2013. His offer unique opportunities to take required to enable Members to passing was acknowledged in in the local sites and to relax and effectively exercise their role as the Assembly with a tribute enjoy less structured time during overseers of the Government’s by Speaker Zwozdesky, and the conference. actions. However, parliamentary jurisprudence indicates that on the day of his Funeral Mass The Conference will the Chair does not have the the flags at the Legislature include a one day meeting of authority to impose such a period. Building were flown at half mast. the Commonwealth Women The Chair observed that the Mr. Amerongen represented Parliamentarians (CWP) on documents are transmitted under the constituency of Edmonton- July 15. Meadowlark from August 30, a non-binding agreement between 1971, until May 7, 1986. During For more information and House leaders, and invited the this time period he contested and updates visit the conference House Leader of the Second won several elections and served website at: Opposition Group to initiate with both Premier Lougheed www.regonline.ca/1213402 discussions with his counterparts and Premier Getty. He served as to find ways of improving Speaker during the entire period Jody Rempel the process surrounding the he was elected to the House. Committee Clerk transmittal of those documents.

64 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 Following the Assembly’s power and its management not completed the exercise. This adoption on February 12 of the Government’s action, a prompted the presentation of an of a motion without notice power enshrined in section 4 of additional motion on March 12, demanding that the Government the Act respecting the National 2013, once again instructing abandon the budget cutbacks Assembly. This power of oversight the committee to report to the imposed on universities at and scrutiny may be carried Assembly. The report, which the end of the fiscal year, the out in various ways, both in the contains eight recommendations, House Leader of the Second Assembly and in parliamentary was finally tabled on March 28. Opposition Group raised a committee. In his directive of The Committee on point of order concerning the April 24, the President added Transportation and the nature of the motion, asking that section 51 of the Act Environment continued whether it constituted an order respecting the National Assembly throughout the first months of the or a resolution. The Chair gave provides that “the Assembly or year the mandate it received on a directive on February 13 a committee may summon and November 21, on a motion reserved in which it pointed out that, compel the appearance before it for the Opposition (Wednesday since 1973, jurisprudence had of any person, either to answer motion). Within the scope of consistently recognized the questions put to him or to the mandate, which consists in separation of the powers of the produce such papers and things shedding light on the events that State between the executive and as it may deem necessary for its occurred on October 24, 2012 legislative branches. In addition, acts, inquiries or proceedings.” concerning the action taken by the Assembly may only give There is therefore no limit to the former Minister of Sustainable an order within the scope of its a committee’s ability to hear Development, Environment, prerogatives and authority. persons, including former Wildlife and Parks with regard to Jurisprudence has always Ministers, within the framework the Bureau d’audiences publiques considered that a motion calling of a mandate. sur l’environnement (BAPE), the for the Government to act in a Committee Proceedings Committee convened first to hear specific manner in an area falling current Minister of Sustainable within the exclusive jurisdiction The parliamentary committees Development, Environment, of the executive power imposes have been extremely busy since Wildlife and Parks Yves-François a strictly political or moral January 2013. Blanchet. It also heard the former constraint and that, in such a Exceptionally, the committees vice-president of the BAPE and context, as in the case in point, were engaged, from February 4 four of its commissioners. An the Assembly is expressing a to 19, in the examination of interim report was tabled and the wish rather than an order. the Government’s 2013–2014 Committee agreed to hear three On a question by the estimates, which typically occurs other witnesses, including the Government House Leader at the end of spring. Members Member for Sainte-Marie–Saint- concerning the summoning devoted 200 hours to questioning Jacques and former Minister of a Member who is a former Ministers on their estimates. of Sustainable Development, Minister to appear in committee, The Committee on Agriculture, Environment, Wildlife and Parks. the President made a ruling, on Fisheries, Energy and Natural After refusing to appear before April 24, confirming the right of Resources, which received a the Committee, the Member was committee members to summon mandate from the Assembly on served a summons ordering him any person they wish to appear November 13, 2012 to examine to appear before the Committee on before them. In an earlier ruling the impacts associated with April 24. made in November 2012 on the the decommissioning of the Another committee’s same subject, the President had Gentilly-2 nuclear power station proceedings received a great indicated that the Assembly and the economic diversification deal of attention because of the could hear the testimony of plan for the Centre-du-Québec widespread media coverage they Ministers on subjects falling and Mauricie sectors, was to were afforded. The Committee within their jurisdiction. report back to the Assembly on Culture and Education This constitutes one of the by February 21, 2013. The held public hearings within prerogatives of the legislative committee tabled a first report the framework of a general power to oversee the executive on February 21, although it had consultation on Bill 14, An Act

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 65 to amend the Charter of the French to succeed to the Throne. Bill C-53 by the Senate on February 13. All language, the Charter of human was debated over several days Senate committee reports can be rights and freedoms and other in the Senate and was sent to the obtained by visiting http://www. legislative provisions. This first Standing Senate Committee on parl.gc.ca/SenCommitteeBusiness. general consultation of the 40th Legal and Constitutional Affairs for When undertaking special Legislature has proven to be study and report. The committee studies, committees will its most extensive so far. The heard from officials from the sometimes travel to more fully members of the Committee held Department of Justice and the Privy examine a particular issue and 15 public sittings during which Council Office as well as academics to allow the committee to hear they heard close to 80 individuals and other expert witnesses. from a wider variety of witnesses and organizations and received In addition to the Senate’s and experts. The Standing Senate 86 briefs. The Committee has also usual study of bills and debate on Committee on Foreign Affairs received close to 160 comments motions and inquiries, the Senate and International Trade travelled by email, and more than 4,300 resolved itself into a Committee of to Turkey from March 16 to 23 as people filled out the online the Whole on March 20 to hear from part of its study on economic and questionnaire allowing committee Graham Fraser, Commissioner political developments in that members to gauge public opinion for Official Languages who was country, Turkey’s regional and on the main policy directions nominated for reappointment global influences, the implications proposed in the bill. which was approved by the Senate for Canadian interests and later that day. opportunities, and other related Nicole Bolduc and Dany Hallé Committees matters. During this fact finding Parliamentary Proceedings mission, members met with Directorate Senate Committees issued several government representatives, important reports, including business leaders and the the Standing Senate Committee diplomatic corps. The committee on National Finance’s long hopes to issue its report prior to anticipated report on the reasons the summer adjournment. for price discrepancies in respect of certain goods between Canada Question of Privilege and the United States. The report In late February, the Speaker entitled: The Canada–USA Price The Senate considered a question of privilege Gap, was tabled on February 6. It raised by Senator Anne Cools found that the pricing of products n February 5, 2013, the relating to actions of the then was influenced by many factors Senate resumed sitting Parliamentary Budget Officer O including transportation costs, after the winter adjournment. (PBO), Kevin Page and his the relative size of the Canadian During the next three months, the application to the Federal market and tariff rates. The Senate passed a total of 13 bills, Court seeking a judgement committee recommended that: including nine government bills, affirming he had the mandate the Minister of Finance conduct one senate public bill and three to seek information about a comprehensive review of commons public bills. Along with certain budgetary measures Canadian tariffs; the Government this legislation, the Senate also of the Government. The main continue to integrate the safety considered and reported on two of point contention for the standards between Canada User Fee Proposals (pursuant Senator was that by asking the and the United States; the to the User Fees Act). Among the courts to decide the question Government analyse the costs more notable bills passed, was Bill of his mandate, the PBO had and benefits of increasing the de C-53, An Act to assent to alterations disregarded the established minimis threshold for low-value in the law touching the Succession to authority and organizational shipments; and the Minister of the Throne. This bill aimed to end structure of the Library of Canadian Heritage study the the practice of placing male heirs Parliament, of which he is part. costs and benefits of reducing before their elder sisters in the line Over two days, several Senators the 10% mark-up that Canadian of succession; and remove legal participated in debate on the exclusive distributors can add provisions that render heirs who alleged question of privilege, after to the U.S. list price of American marry Roman Catholics ineligible which the Speaker reserved his books. The report was adopted

66 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 decision. He delivered his ruling on as his party’s Whip from 2001 to expenditure of $12.1 billion February 28 and found that a prima 2004 and again from 2006 to 2009; represents an increase of 2.3% facie case had been established. and was Chair and Deputy Chair from 2012-2013. Highlights of the Following the ruling, Senator of several standing committees, government’s budget included: Cools moved a motion to refer the amongst them the Standing • Increasing the PST by 1% case of privilege to the Standing Committee on Rules, Procedures for a 10 year period to raise additional necessary revenue Committee on Rules, Procedures and the Rights of Parliament, the Standing Committee on Conflict of for the new Manitoba and the Rights of Parliament Building and Renewal Plan for investigation and report, in Interest for Senators, the Standing which will be dedicated to particular with respect to the Committee on Internal Economy, building the province’s critical consequences for the Senate, Budgets and Administration and infrastructure; for the Senate Speaker, for the the Standing Senate Committee on • Cutting income taxes by Parliament of Canada and for National Finance. increasing the basic personal income tax exemption by the country’s international Another Senator to reach $250; relations, no later than March 31, the mandatory retirement age • Eliminating school property 2013. The motion was debated of 75 during this period was taxes for all seniors by 2015 and and subsequently amended to Senator Bert Brown of Alberta. A removing the PST from baby remove the reporting date. On retired farmer and development essentials; March 7, the Deputy Leader of the consultant, Senator Brown was • Increasing the minimum Opposition in the Senate moved nominated to the Senate by hourly wage to $10.45; that the question be referred to Stephen Harper in 2007. He had • Investing a record $1.8 billion a Committee of the Whole for been elected by Albertans to a to build and renew critical consideration. On April 22, the list of senators in waiting in 1998 infrastructure including roads, Federal Court dismissed the PBO’s and again in 2004. He was the hospitals, schools and flood protection; application on the grounds of second Senator to be nominated non-justiciability. As of May 3, the by a Prime Minister from that • Creating new apprenticeship opportunities, introducing item was still up for consideration list. To fill the vacancy arising a new training and skills and there is approximately half from Senator Brown’s departure, development strategy the time remaining out of the three the Prime Minister nominated and increasing funding to hours of debate permitted under Scott Tannas, another Senator in universities and colleges; rule 13-7(4). waiting. Senator Tannas, who is • Helping more Manitobans find the Founder, President and CEO a family doctor by building Senators of Western Financial Group, was more clinics and hiring more doctors, nurse practitioners By way of a motion in the chamber sworn in on March 26. and other health-care providers on February 6, Senator Patrick across the province; Vanessa Moss-Norbury Brazeau of Québec was placed on • Expanding the life-saving a leave of absence, pursuant to rule Procedural Clerk, Journals Office STARS helicopter ambulance to 15-2(1) of the Rules of the Senate. 24 hours, seven days a week; Because there had been a charge of • Ensuring that Manitobans have a summary conviction offense, the the lowest combined rates granting of this leave of absence for electricity, home heating was solely meant to protect the and auto insurance in the country; dignity and reputation of the Senate and was not a comment on • Providing incentives to businesses to grow the the Senator himself. economy and create new jobs On March 16, Senator including eliminating the small Terry Stratton of Manitoba Manitoba business tax for more Manitoba businesses; retired from the Senate. he Second session of the Nominated by Brian Mulroney • Extending the 20 per cent T40th Legislature resumed on reduction on Ministerial in 1993, Senator Stratton held April 16, 2013, with the delivery salaries and reducing the many senior positions including of the budget from Finance budgets of 11 departments. Leader of the Opposition in the Minister Stan Struthers. During his contribution to Senate from 2004 to 2006; served The 2013-2014 total operating the budget debate on April 17,

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 67 2013 Official Opposition Leader announced in the 2013 federal Control Commission, Manitoba Brian Pallister moved a motion budget. Hydro, Manitoba Public expressing non-confidence in the • Bill 26 - The Accessibility Insurance Corporation and government, which stated that for Manitobans Act, which Manitoba Lotteries Corporation. the budget failed to address the enables the establishment The Standing Committee on of accessibility standards priorities of Manitobans by: to achieve accessibility for Legislative Affairs met on two • ignoring the taxpayer Manitobans disabled by separate occasions to consider the protection laws that safeguard barriers. Report and Recommendations Manitoba families; and • Bill 28 – The Health Services of the Judicial Compensation • saddling Manitoba families Insurance Amendment and Committee dated July 11, 2012. with crushing and unnecessary Hospitals Amendment Act taxes that don’t allow them to (Admitting Privileges), which Additionally, the Standing prosper and save for the future; allows hospitals to grant Committee on Public Accounts and admitting privileges to nurse scheduled three meetings to practitioners and midwives. • failing to tame a $500 consider several volumes of the million structural deficit • Bill 33 - The Municipal Public Accounts and reports from created through 13 years of Modernization Act (Municipal the Auditor General covering a overspending; and Amalgamations), which permits variety of topics including: the minister to recommend that • failing to promise a full a municipality be amalgamated • Operations of the Office and transparent review of if it has a population of all Provincial Government • Audit of the Public Accounts fewer than 1,000 residents spending; and and enables the Lieutenant • Taxation Division, Audit • failing to control growth of Governor in Council to make Branch: Department of low spending priorities such regulations amalgamating Finance as advertising and vote taxes; municipalities. • Economic Development: Loans and • Bill 37 – The Emergency and Investments under The • stifling economic growth and Measures Amendment Act, which Development Corporation Act prosperity through excessive changes the circumstances in At press time over two red tape and unwarranted which a state of emergency hundred and fifty citizens have taxation. may be declared and authorizes registered to speak to several Bills On April 26, 2013 a peace officer to apprehend a person who fails to comply currently before the House once Mr. Pallister’s amendment was with an evacuation order as they are referred for Standing defeated on a recorded vote of well as charge a person who Committee consideration. yeas 17, nays 36, while the main interferes with the operation budget motion carried on a of or damages any emergency Government Motion recorded vote of yeas 36, nays 18. infrastructure including a water control work, with an On May 7, 2013, the House In addition to the bills offence. carried a Government Motion introduced in the fall, the • Bill 202 - The Increased moved by Government House spring session to date saw the Transparency and Accountability Leader Jennifer Howard to introduction of approximately Act (Various Acts Amended), concur in the report from 25 bills addressing a variety of which sets out the requirement for the budget tabled in the the Standing Committee on governance areas including: Legislative Assembly to include Legislative Affairs respecting • Bill 20 – The Manitoba Building a year-after-year comparison of the Judicial Compensation. This and Renewal Funding and Fiscal each fee amount charged to the motion is a requirement pursuant Management Act (Various Acts public and an itemization of the to subsection 11.1(28) of The revenue effects stemming from Amended), which exempts Provincial Court Act in order for the referendum requirement an expansion of a tax base. in The Balanced Budget, Fiscal the recommendations respecting Management and Taxpayer Standing Committees salaries and benefits contained Accountability Act in order in the report from the Standing Manitoba Standing Committees to increase the PST by 1% Committee, be implemented. and enacts measures to have been occupied with a provide a sustainable funding range of business in 2013. The Opposition Day Motions source in support of the Standing Committee on Crown investment in the renewal of Corporations met on a number On May 1, 2013 Official critical infrastructure and to of occasions to consider reports Opposition House Leader maximize the potential of the Kelvin Goertzen moved an 10-year Building Canada Plan from the Manitoba Liquor

68 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 opposition day motion urging Significant Legislation the Provincial Government “to A total of twenty-six public bills find savings and efficiencies within received Royal Assent on May 8, government rather than raise the 2013. Among them were: Retail Sales Tax (known as the Provincial Sales Tax) from 7% to • An Act to Amend the Collections Agencies Act (Bill No. 34) 8%.” Following the debate, the adds a set of prohibitions to motion was defeated on a vote of Prince Edward Island protect debtors from certain yeas 19, nays 33. debt repayment business he Third Session of the Sixty- practices. These include On May 9, 2013 Heather limiting the amount of money fourth General Assembly Stefanson moved an opposition T that an agency or agent may day motion urging the Provincial resumed on March 26, 2013, collect for acting for a debtor; Government “to follow the law and adjourned to the call of the restricting the provision of and seek the approval of Manitobans Speaker on May 8, 2013. false information respecting a debtor, including his or her through holding a referendum Budget 2013 credit history; and banning the before raising the Retail Sales Tax Wes Sheridan, Minister of collection of a fee from a debtor (known as the Provincial Sales Tax.” before the debtor and the Finance and Municipal Affairs, Members debated the motion agency have entered into the introduced his budget on for the majority of the afternoon, required written agreement. March 27, 2013, which contained before it was defeated on a vote • French Language Services Act/ expenditures of $1.44 billion. of yeas 17 nays 31. Loi sur les services en français Health continued to account for (Bill No. 43) builds on existing Leaving Politics the largest share of provincial legislation and lays the expenditure at just over $578 foundation for the designation After almost a decade of of French language services. million, an increase of $16 representing the constituency of It requires government million, or 2.9 percent, from Morris, Mavis Taillieu resigned institutions to provide the previous year. The Minister designated services to any her seat in the Manitoba Legislature indicated that the 2013-2014 member of the public in the on February 12, 2013. Mrs. Taillieu deficit is expected to be at $58.9 person’s choice of French or has served as the PC Party’s critic English. The Act also requires million, dropping to $34.5 million for culture, heritage and tourism, government institutions to in 2014-2015, with a small surplus family services and housing, respond to correspondence to be achieved in 2015-2016. received in French, in writing immigration and multiculturalism, and in French; and ensures that advanced education and Harmonized Sales Tax where public consultations literacy, and infrastructure and are conducted in writing or On April 1, 2013, the Harmonized transportation. She also served electronically, members of the Sales Tax (HST) was implemented as the Official Opposition House public are provided with an in Prince Edward Island. The opportunity to participate in Leader and Caucus Whip. Provincial Sales Tax, which was French and English. Current Party Standings: at 10 percent, has been replaced • Narcotics Safety and Awareness with a value-added tax of Act (Bill No. 54) will enable The current party standings in the the province to monitor and 9 percent. Combined with the Manitoba Legislature are: NDP analyze information on all Goods and Services Tax, this 37, Progressive Conservatives 18, narcotics and other controlled resulted in a 14 percent HST. The substances dispensed in Prince one Independent Liberal and one province provides specific point- Edward Island, with the aim vacancy. of-sale rebates of the provincial of promoting appropriate In accordance to the prescribing and dispensing portion of the HST for books, practices, identifying areas Rules, Orders and Forms of heating oil, children’s footwear of abuse or misuse, and, nd Proceedings, the 2 session of the and children’s clothing, as well as ultimately, reducing the risk 40th Legislature is scheduled to a new Prince Edward Island Sales of drug addictions. Through recess for the summer break on Tax Credit to low and modest the current Drug Information June 13, 2013. System (DIS), the province has income individuals and families the capability to electronically to assist in the transition to the link pharmacies, physicians’ Monique Grenier new tax system. offices, addiction centres, Clerk Assistant/Clerk of Committees emergency rooms, and other

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 69 health facilities with a database consists of over 76,000 pages of and francophone community which maintains patient keyword-searchable scanned and to his province as a former medication records. The DIS journals (1894-2011), including member of the Legislative also provides pharmacists and prescribers with medication data-rich appendices (1894-1966) Assembly, Cabinet Minister profiles of individual patients containing detailed reports and Lieutenant Governor,” said to assist in the patient’s care. from departments such as Premier Robert Ghiz. This new legislation will go health, education, agriculture one step further and allow and public works. Digitized Marian Johnston for monitoring and analyzing of the dispensing and the audio recordings of Legislative Clerk Assistant and prescribing of narcotics. Assembly proceedings for the Clerk of Committees years 1968-1973 are also available New Auditor General for streaming. To provide Jane MacAdam, was appointed additional context, biographies Auditor General for a term of (1873-1993) and over 170 ten years effective March 26, photographs of MLAs have been 2013. Ms. MacAdam replaces included in peildo.ca. Colin Younker, who retired As Carolyn Bertram, Speaker in late 2012. Mr. Younker of the Legislative Assembly, Yukon provided dedicated service to the observed, “This website is an Legislative Assembly throughout inclusive resource that brings n March 7, 2013, Premier his ten year term. During his past members’ contributions ODarrell Pasloski having tenure, he was an advocate for to everyone’s fingertips. It’s a advised Speaker David Laxton enhanced accountability and fantastic heritage and educational that the public interest required made a significant contribution to tool for every Islander and the House to meet on March 21, improved financial reporting Canadian.” the Speaker, pursuant to Standing and management practices in the J. Léonce Bernard 1943-2013 Order 73, informed the Members. public sector. On April 3, the Government Legislative Documents Online J. Léonce Bernard passed away House Leader, Brad Cathers, on March 26, 2013. Mr. Bernard informed the House, pursuant to Prince Edward Island Legislative was first elected to the Legislative Standing Order 75(4), that after Documents Online (PEILDO) Assembly, as a member of the conferring with opposition House presents the Journals of Liberal Party of Prince Edward Leaders and the Independent the Legislative Assembly Island, representing the district Member, it was agreed that (1894-present), the official of 3rd Prince, in a by-election in the Spring Sitting would be a record of the business of the 1975, and was re-elected in 1978, maximum of 32 sitting days, with Legislative Assembly. Free and 1979, 1982, 1986 and 1989, serving the 32nd day being Thursday, open to all, this exciting new as a member of the Official May 16. site (www.peildo.ca) provides Opposition from 1979 to 1986. In Bill No. 9, Interim Supply access to a rich collection of 1986, he was sworn in as Minister Appropriation Act, 2013-14, material covering almost 120 of Industry and Chairman of introduced on March 21, received years of Prince Edward Island’s the P.E.I. Development Agency assent from Commissioner political, social and economic and, from 1989 until 1991, he Doug Philips on March 28. development. PEILDO is the was Minister of Fisheries and Bill No. 53, Act to Amend the result of a partnership between Community Affairs. He was Education Act, was introduced on the Legislative Assembly of also the first person to be named March 23, and received assent on Prince Edward Island, the Public Minister responsible for Acadian April 10; passage of this bill was Archives and Records Office, and Francophone Affairs in 1989. required to establish the 2013-14 Prince Edward Island Public He was appointed Lieutenant school calendar. Library Service, and Robertson Governor on May 28, 2001, for Library at the University of a term which ended in 2006. Budget Day Prince Edward Island. Mr. Bernard was an outstanding The first day of the Spring Sitting Prince Edward Island individual who contributed is traditionally the day the Legislative Documents Online greatly to the Island’s Acadian Budget is introduced. During a

70 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 tribute earlier that sitting day to School councils. She has also Ombudsman/Information & Kwanlin Dun elder Annie Smith, provided assistance to a number Privacy Commissioner effective the Premier – who also holds the of organizations in Yukon, May 1, 2013, so that the Report’s Finance portfolio – noted that including providing assistance recommendations could be it is a tradition for the Finance to Yukon First Nations in the implemented. The Members’ Minister to wear a new pair conduct of their elections.” The Services Board accepted the of shoes on Budget Day. He Speaker noted that Ms. Waugh recommendation to make the noted that Ms. Smith – who was has a prominent profile among Ombudsman/IPC a combined seated in the Speaker’s Gallery her peers, nationally and full-time appointment, and on for the tribute, accompanied internationally, and that her February 25, 2013 established a by her daughter Judy Gingell, experience and expertise are sub-committee to search for, and former Yukon Commissioner – highly valued by her colleagues. recommend to the Legislative is recognized as “an icon of He observed that Ms. Waugh Assembly, a new Ombudsman/ Yukon’s First Nation sewing had represented Canada in Information & Privacy and beading community”. The numerous international election Commissioner. Premier indicated that in keeping observation missions, including with tradition, he was wearing missions in Peru, Ethiopia, Linda Kolody a brand new pair of mukluks, Yemen, Nigeria, Namibia, Russia, Deputy Clerk created for him by Ms. Smith. The and Zimbabwe. The Speaker mukluks were made from home- thanked Ms. Waugh for her tanned caribou and moosehide, long and dedicated service to trimmed with beaver fur, and Yukon. The Government House featured a colourful beaded floral Leader, Mr. Cathers, and the design, and a depiction of a dog Leader of the Official Opposition, team. Later that afternoon, the Elizabeth Hanson, also spoke in Premier introduced Yukon’s praise of Ms. Waugh. 2013-14 Budget, in the amount of 1.23 billion dollars. It is expected Ombudsman and Information & that much of the remainder of Privacy Commissioner British Columbia the sitting will be devoted to On February 7, 2013, consideration of departmental Tim Koepke, Yukon’s he 40th provincial general estimates. Ombudsman/Information & Telection was held on May 14, Privacy Commissioner, issued a 2013. Preliminary voting results Chief Electoral Officer news release concerning a Report indicate that the BC Liberal Party, On March 28th, the Speaker he had submitted to Speaker led by Premier Christy Clark, delivered a tribute in recognition Laxton, in the Speaker’s role as won 50 seats and will have of Jo-Ann Waugh, Chief Electoral Chair of the Members’ Services a fourth consecutive term as Officer, who was retiring after Board. The report, entitled government. The BC NDP, a 35-year long career in Yukon Building Organizational Excellence led by Adrian Dix, secured 33 elections. The Speaker noted that to Achieve Legislative Objectives, seats and will form the Official Ms. Waugh had been involved in was based upon an external Opposition. Vicki Huntington every Yukon general election – consultant’s review of the (Delta South) was re-elected as an and by-election – since the 1978 Ombudsman’s office. The report Independent. Also notable was introduction of party politics. recommended organizational the election of Andrew Weaver He noted that Ms. Waugh, in and operational changes to the in Oak Bay-Gordon Head, the addition to running elections, office, perhaps most significantly, first Green Party of BC candidate has, since 1984, been central to “that the current combined to be elected a Member of the the work of all Yukon electoral one-half time Ombudsman/IPC Legislative Assembly. district boundary commissions. appointment be increased to a While the governing BC As well, as head of Elections combined full-time position.” Liberal Party increased its Yukon, she has been responsible The press release noted that majority by 5 seats, Premier “for the conduct of elections Mr. Koepke (who had signed Clark was unsuccessful in her for Yukon’s francophone on for a half-time position) constituency of Vancouver Point- school board and for Yukon submitted his resignation as Grey, losing to David Eby, the

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 71 BC NDP candidate, by 785 votes. On February 19, Minister of In his closing comments on the This is the first time since 1924 Finance Mike de Jong delivered budget, the Minister re-iterated that a BC Premier has lost their the budget address for fiscal the government’s view that the seat in a general election while year 2013/14 projecting a surplus budget was balanced ‘in every their party formed government. of $197 million in 2013/14, sense of the word.’ increasing to $460 million in The turnout of eligible Legislation voters was 52 percent, up one 2015/16. The budget included percentage point from the 2009 several tax increases, namely to During the brief 20-day session, general election. personal income taxes for those the House passed 14 government earning over $150,000, corporate bills and two private bills. Final Session of 39th Parliament income taxes, tobacco taxes, Noteworthy pieces of legislation On February 12, 2013, the property taxes levied on light include: 4th Session of the 39th Parliament industry, and to Medical Services • Tla’amin Final Agreement prorogued. That afternoon, Plan premiums. Act: approves and gives force to the Tla’amin Final Agreement th Minister de Jong stressed that the 5 Session opened with reached under the BC Treaty the Speech from the Throne. tough decisions were needed Commission process. The Delivered by British Columbia’s to balance the budget. Given treaty removes the Tla’amin new Lieutenant Governor declining resource revenues, Nation from the federal Indian Judith Guichon, the final Throne the budget constrains spending Act and provides them with self-government powers that th growth to an annual average of Speech of the 39 Parliament will allow them to design and focused on the importance of 1.5% over the next three years. deliver programming in a way maintaining a strong economy The Minister announced that the that best supports the Tla’amin in the face of global economic budget was balanced and did not community and their families. instability by increasing BC’s contain the kind of new spending Following the introduction of usually associated with election- the bill, on February 14, Chief trade with Asia. Another major Clint Williams of the Tla’amin theme of the speech was the year budgets. First Nation addressed the “generational opportunity” Prior to the introduction of Legislative Assembly from the presented by BC’s nascent the budget, the government Bar of the House. He spoke liquefied natural gas (LNG) about how the treaty will arranged for the economist help create positive change industry. The government Dr. Tim O’Neill to review and meaningful opportunities announced a plan to create a the 2013/14 budget economic that will sustain the Tla’amin prosperity fund from the royalties and revenue projections. He people both economically and generated by this industry and concluded in a public report culturally. to use that fund to work towards that the Province’s revenue • Auditor General Amendment paying off the provincial debt, projections, methodologies and Act: will provide for the increase services, and ultimately appointment of future assumptions were generally well- Auditors General to a single, eliminate the provincial sales tax. founded, with the exception of non-renewable eight-year In response, the opposition the natural gas forecast. term. Previously an Auditor criticized the Throne Speech General could be re-appointed Opposition finance critic to a second term of up to six for failing to address key issues Bruce Ralston characterized years. The Act also provides facing the province, such as the budget as being more about that, if the term of office of an economic productivity, social re-election than governing. He incumbent Auditor General inequality, and sustainability, contended that the budget was is scheduled to expire, or the and its singular focus on LNG Speaker “reasonably believes not balanced for several reasons: that the term of office will exports, claiming that the it underestimated spending and otherwise end”, after the government has “narrowed the overestimated revenue; it moved dissolution of the Legislative debate about our future to one revenues already counted in Assembly, a committee project”. The opposition pointed previous years into 2013/14 and may appoint by unanimous out that construction has not resolution, an Acting Auditor expenses from 2013/14 into other General (see Committee begun on a single LNG plant and years; and it relied on the future Activity below). that any benefits of the prosperity sale of public assets, including • Senate Nominee Election fund would not be realized until crown real estate holdings, as a Act: Minister of Justice 30 years in the future. source of revenue. Shirley Bond introduced

72 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2013 Bill 17 on February 27, review of the Members’ Conflict the Conflict of Interest advising the House that of Interest Act which makes 34 Commissioner Paul Fraser it was the government’s recommendations to modernize and the Merit Commissioner intention to bring the bill and strengthen the legislation. Fiona Spencer. forward as an exposure bill They include recommendations • The unanimous report of the to help generate a discussion to expand the jurisdiction of Special Committee to Appoint on electing Senate nominees the commissioner, update and an Acting Auditor General and not to pass it during clarify existing provisions, which was deposited with the the current session. The bill promote greater transparency Office of the Clerk after the proposes that Senate nominee of Members’ financial House rose. Pursuant to the elections to be held either in disclosure statements, and to Auditor General Amendment conjunction with provincial require future reviews of the Act, the appointment of the elections or as stand-alone legislation. Acting Auditor General events. Nominee elections • The unanimous report of the was made by unanimous would be administered by Special Committee to Inquire resolution of the Committee. Elections BC. into the Use of Conducted As the Committee would • Seniors Advocate Act: Energy Weapons and to Audit not complete its work before provides for the position of a Selected Police Complaints, the House adjourned, the government appointed seniors which recommended: Committee’s terms of reference advocate to be a voice for provincial governmental allow for the Speaker to ‘lay seniors, to monitor seniors’ action to advocate for the the report before the House services, and to promote establishment of national in a new Parliament’. The awareness of seniors’ issues. electrical safety standards Committee released its report for new conducted energy on March 28, 2013, appointing Committee Activity weapons; that police officers Russ Jones as Acting Auditor provide more information on General. Mr. Jones, a chartered During the brief final session the communication techniques accountant, has worked with of the 39th Parliament, 12 they use to de-escalate a crisis; the Office of the Auditor parliamentary committee reports and that there be ongoing General for more than 20 years were tabled including: evaluation of crisis intervention and in the role of Assistant and de-escalation training. Auditor General since 1993. • The unanimous report of the Select Standing Committee • The unanimous report on Parliamentary Reform, of a Special Committee Gordon Robinson Ethical Conduct, Standing which recommended Committee Researcher Orders and Private Bills on its the reappointment of

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