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Legislative Reports 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 a prima 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 a prima 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 MLARon 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.
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