Legislative Reports

health-administration costs. and families from hydro rate increases caused by the • More community-based police Premier’s interference in and more Crown prosecutors; Manitoba Hydro; and • Introduction of stronger laws • That the speech fails to to ensure that criminals are not acknowledge that for 11 years benefiting from the supports the government has wasted offered to law-abiding citizens; money on bloated health-care • The launch of a new program, bureaucracy and boardrooms Manitoba modelled on the successful at the expense of front-line care; auto-theft initiative, to and intensively track violent, high- he Fifth Session of the • That the speech fails to assure risk offenders and keep them parents that their children are T39th Legislature began from reoffending; learning the skills they need to on November 16, 2010 with • A series of measures designed succeed in today’s workforce; the presentation of the NDP to protect consumers and government’s 14th Speech when buying new homes, • That the speech continues the from the Throne. Delivered by condominiums, vehicles and government’s divisive policies Lieutenant-Governor Phillip Lee, cell phones; of neglecting or penalizing the address highlighted a range • A new program to improve Manitoba’s farm families and of government commitments and the infrastructure and rural communities; and proposals, including: programming of community • That the speech fails to centres throughout the acknowledge the chaos in province; Manitoba’s child welfare • Elimination of the small business • A further increase to the system; and tax on December 1, 2010 minimum wage; and • That while the speech contains • A new approach to trade • New nutrient reduction targets many good ideas offered by promotion that will reflect the to improve the quality of water members of the opposition, it increasing importance of global in Lake Winnipeg; fails to convince this House trade links with Brazil, Russia, that they will actually be India and China, the so-called Official Opposition Leader implemented; and BRIC nations; Hugh McFadyen’s non-confidence • That the current government • The launch of a broad amendment to the Address in has failed in its promises to consultation process to help Reply motion included a number Manitobans, and as a result, parents help their children of observations and commentaries it is now clearer than ever excel by utilizing things such on the government’s plans, that it will require a new as plain-language report government to deliver positive cards, standardized in-service including: results on crime reduction, days and improving student • That the government’s Throne fiscal responsibility, job attendance; Speech failed to acknowledge creation, tax relief, protection • A new pension plan for that after 11 years, violent crime from rate hikes, access to child-care workers to be is rising, waste is rampant and family physicians, support for implemented on December 1, past health-care promises have farm families, the cleanup of 2010 been broken; and Lake Winnipeg, better sports facilities and infrastructure, • The establishment of quick- • That the speech endorses large stability within Child and care clinics staffed by nurse ongoing deficits and rising debt Family Services and other practitioners; which will result in higher taxes goals that are supported by all for Manitoba families; and Manitobans. • A new ambulance helicopter; • That the speech failed to Following the defeat of • Legislation to cap protect Manitoba seniors Mr. McFadyen’s amendment on

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 51 November 26, 2010 by a vote of Auditor General’s Office and yeas 19, nays 33; on November 29 follow-up reports on previously the main motion carried on a vote issued recommendations – as of yeas 25, nays 18. well as meetings of the Social & Economic Development and Justice The fall session saw the committees to consider legislation. introduction and passage of a number of bills, including: On November 5, 2010 Premier • Bill 2 – The City of Winnipeg Greg Selinger announced the Charter Amendment Act appointment of Jennifer Howard as Ontario (Winnipeg Police Service the new Government House Leader. Auxiliary Cadets) Act, which , Governor In advance of the general avid Johnston amends The Charter to General of Canada, made his enable cadets in the recently election scheduled for October 4, D first official visit to Ontario, which established auxiliary cadet 2011 a number of members was marked by a welcoming program to perform additional announced they will not be duties and enforce provisions ceremony at the Legislative seeking re-election including, of Acts specified by regulation. Assembly of Ontario on December David Faurschou – first elected 2, 2010 where he was greeted • Bill 3 – The Victims’ Bill of in 1997; Peter George Dyck – first Rights Amendment Act (Denying by Premier Dalton McGuinty, elected in 1995 and Rick Borotsik Compensation to Offenders and , Speaker of the – a former MP, first elected in 2007. Steve Peters Other Amendments) Act, which Legislative Assembly of Ontario; amends the Victims’ Bill of All three MLAs indicated they will and , Lieutenant Rights so that compensation serve out the rest of their terms. David C. Onley payable to a victim of crime Governor of Ontario. may be denied or reduced if Additionally, Kevin The Governor General received the victim has been involved Lamoureux resigned his seat in full military honours, including in illegal activity in the past. It the legislature this fall to seek also recognizes the entitlement a 21-gun salute, the “Viceregal to compensation for witnesses (and ultimately win) a seat in the Salute” and the inspection of the of a criminal incident and House of Commons representing guard of honour, composed of amends several provisions to the riding of Winnipeg North. soldiers from the 32 Canadian clarify eligibility for various types of compensation, The current party standings in Brigade Group and the Governor including compensation for the Manitoba Legislature are: NDP General’s Horse Guards. counselling services. 36, Progressive Conservatives 19, In the Lobby of the Legislative • Bill 7 – The Polar Bear Protection one Independent Liberal, as well Building twinkling with Amendment Act (International as one vacancy. Christmas trees, against the Polar Bear Conservation Centre) Act, which establishes the After 26 years of service to backdrop of red-robed children International Polar Bear the Manitoba Assembly, Deputy from the Thomas Street Middle Conservation Centre at Clerk Bev Bosiak retired at the School Choir assembled on the Assiniboine Park Zoo. The end of 2010. The first woman Grand Staircase, Speaker Peters, centre will display polar bears Premier McGuinty, and the in a natural environment and to sit at the Manitoba Table, support polar bear conservation Ms. Bosiak leaves a legacy of Lieutenant Governor in turn research and education. expertise and dedication as an offered words of welcome to the example for her successors. Governor General. His Excellency A higher than usual number addressed the Members of of bills – nine in total – passed The fifth session of the 39th Provincial Parliament and through all legislative stages Legislature will resume at the call guests gathered in the Lobby, this fall session, receiving Royal of the government. outlining in his remarks the Assent on December 9, 2010. Rick Yarish three pillars defining his term in Standing Committee activity Clerk Assistant/Clerk of Committees office: to support families and this quarter included two children, to reinforce learning meetings of the Public Accounts and innovation, and to encourage Committee – to consider reports philanthropy and volunteerism. on the Winnipeg Regional Health While the ceremony was Authority, the operations of the taking place in the Lobby, the

52 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 House was in session directly of HD-compatible flat-screen The Committee undertook the above. To ensure that the monitors in the Members’ lobbies. annual pre-Budget consultation Governor General’s visit was not process and conducted hearings Committees disrupted in any way by the bells in London, Windsor, Thunder that signal divisions, the House The Standing Committee Bay, Timmins, and Ottawa adopted a motion that any votes on Estimates completed its the week of January 24 and be deferred until the following consideration of the 2010- in Toronto on January 31 and sitting day. Even the two quick 2011 expenditure estimates of February 1, 2011. The Committee rings of the division bells that selected ministries and offices. will meet on February 24 to write signal adjournment of the House By an Order of the House dated its Report on the pre-Budget were dispensed with that day – October 26, the Committee was consultations. the first time this has happened authorized to alter the order The Standing Committee on as far as anyone can remember. of consideration of selected Justice Policy conducted public 150th Anniversary of Queen’s Estimates and to present its hearings on Bill 172, An Act Park report on all Estimates considered to amend the Ticket Speculation no later than Wednesday, Act. The Committee held one The year 2010 marked the 150th November 24 instead of the third day of public hearings on anniversary of Queen’s Park, Thursday in November, as set out November 25, 2010 and clause- site of the Legislative Assembly in the Standing Orders. by-clause consideration of the of Ontario. An Ontario Heritage The Standing Committee on bill on December 1, 2010. The Trust plaque honouring the Finance and Economic Affairs bill was reported as amended anniversary was unveiled by held public hearings on the later that day. This Act had not Her Majesty the Queen during following bills, all of which were previously been amended since her visit to Queen’s Park in July, reported back to the House with its introduction in 1914. and has now been permanently certain amendments and received installed on the legislative The Standing Committee Royal Assent: grounds. Also installed was a on the Legislative Assembly new locator sign indicating the • Bill 109, An Act to Amend met on November 17 and on placement of plaques, statues and the Taxation Act 2007 to December 8 to discuss a matter implement the Ontario energy monuments on the grounds of the referred by Speaker Peters: that of and property tax credit and to parliamentary review provisions legislative building. make consequential amendments. The bill implemented a tax in legislation. The Speaker asked Technology credit announced in the 2010 the Committee to look at these Ontario Budget. This tax credit statutory requirements after An eight-day rolling archive will apply for the 2010 and expressing concern that the of the daily Question Period subsequent taxation years. House found itself in a position of was added to the Legislative • Bill 120, An Act to amend the non-compliance with provisions Assembly website. Viewers at Pension Benefits Act and the in certain statutes requiring a home may now watch the current Pension Benefits Amendment Act, committee of the Legislature day’s Question Period, as well 2010. The amendments in the to conduct a review and report as from the seven preceding Bill related to types of benefits its findings to the House in a days. When announcing the new and pension plans, funding requirements, entitlement specified time frame. archive to the House, Speaker to surplus, the Pension Peters emphasized its importance Benefits Guarantee Fund, the The Committee heard with the satellite TV providers administration of pension testimony from the Speaker, not offering the legislature’s plans, regulatory oversight and the Clerk of the Legislative dedicated channel (ONT-PARL) to enforcement, and other matters. Assembly, Deborah Deller and subscribers, and with the channel • Bill 135, An Act respecting from the Procedural Clerk of becoming increasing harder to financial and Budget measures Research, Peter Sibenik. The find on digital cable systems. and other matters. This, the Speaker asked the Committee “Budget Bill”, implemented Other technical improvements financial measures, including to consider a recommendation included the installation of measures contained in the 2010 that would caution against a closed captioning display Ontario Budget, and enacted or statutory provisions that concern in the Speaker’s Gallery and amended various Acts. House proceedings or, at the

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 53 very least, that the Clerk be and wine, and ensured that native Appropriation Bill to defray the consulted on the wording of Ontario plants grace the grounds expenses of the Public Service. such provisions, so that all of of Queen’s Park. The other bills to receive royal the procedural implications assent included: The list of Members who be clearly understood. He also do not intend to run again • Bill No. 905 – The Sisters of asked the Committee to consider includes former cabinet the Presentation Act, 2010 – a recommending an amendment to private bill introduced by Rod ministers Peter Fonseca and the Standing Orders that would Gantefoer. David Ramsay, Government provide for a set of procedures for House Leader and Minister • Bill No. 152 – The Commissioners responding to such provisions. for Oaths Amendment Act of Intergovernmental Affairs The Committee is scheduled to Monique Smith, Cambridge • Bill No. 151 – The Saskatchewan meet in February to consider its MPP Gerry Martiniuk, and Indian Institute of Technologies draft report on the matter. Amendment Act, 2010 Pat Hoy, Chair of the Standing The Standing Committee on Committee on Finance and • Bill No. 158 – The Correctional Social Policy considered Bill 122, Economic Affairs. Services Amendment Act, 2010 An Act to increase the financial • Bill No. 148 – The Animal Condolences accountability of organizations in Protection Amendment Act, 2010 the broader public sector. The bill On three separate sitting days • Bill No. 156 – The Freehold Oil enacts measures concerning in November, the House heard and Gas Production Tax Act, 2010 financial accountability in statements from Members of Same Question Ruling the broader public sector and all parties in an expression of prohibits various organizations condolence on the deaths of Bill No. 148 - The Animal from engaging lobbyists who are former Members Leo Edward Protection Amendment Act, 2010 paid with public funds. Local Bernier (Kenora 1966-1987), sought to strengthen penalties Health Integration Networks John Yaremko (Bellwoods against those who are found and hospitals will be required to 1951-1975), and Robert William guilty of animal abuse. report on their use of consultants Macaulay (Riverdale 1951-1964). and to post information about Bill No. 617 – The Protection of expense claims. As per the time Sylwia Przezdziecki Service Animals Act was a Private allocation motion of November 4, Committee Clerk Member’s Public Bill, introduced 2010, the Committee held public by David Forbes – Saskatoon hearings on November 22 and Centre, which sought special 23 followed by clause-by-clause protection and penalties against consideration on November 29. those who commit an offence The Committee reported the against service animals such as bill to the House, with certain guide dogs and police service dogs. amendments, on November 30. When Bill No. 148 was Upcoming Provincial Election considered in the Standing Committee on the Economy, In anticipation of the upcoming Government members introduced Ontario general election on Saskatchewan amendments to include most of October 6, 2011 a number of MPPs the sections that were contained have indicated they will not be he fall sitting concluded on in Bill No. 617. The following seeking re-election. Among them TThursday, December 9, 2010. day, the Chair reported Bill No. is Speaker Steve Peters who will During the fall period of session, 148 with amendments to the step down from public life after 22 17 government bills, 6 private Assembly which the Assembly years of elected service at the local members’ public bills and 1 agreed to. Given the Assembly’s and provincial level to pursue his private bill were introduced. Bill adoption of the amended bill, interests in education and business 144 –The Litter Control Amendment Speaker Don Toth ruled that Bill and to build a new career in the Act, 2010 was reinstated. No. 617 be removed from the private sector. Speaker Peters The Lieutenant Governor, Order Paper to ensure that the marked his tenure as a strong Gordon Barnhart, gave royal Assembly does not come to two promoter of local produce, beer assent to 7 bills including an different conclusions

54 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 Deputy Chair of Committees Reports by the Conflict of The Third Session of the 46th Interest Commissioner General Assembly adjourned on On November 1, 2010, Wayne December 16th having passed Elhard resigned as the Deputy In May 2010, a Member another sixteen Bills. Chair of Committees. On a requested the Conflict of Interest motion by the Government Commissioner examine Serge The House, by Resolution, House Leader, it was ordered LeClerc’s expenses and further, recommended the re- that Fred Bradshaw, member for the Assembly, ordered an inquiry appointment of Ed Ring as the constituency of Carrot River into his conduct. The reports were Information and Privacy Valley be appointed to preside as released on November 23, 2010. Commissioner before adjourning Deputy Chair of Committees for the summer. On December 16 Stacey Ursulescu by Resolution, it recommended Métis Sash Ceremony Committee Researcher the appointment of Carol Chafe as Child and Youth Advocate. On Tuesday, November 30, Ms. Chafe had been acting in the 2010 a historical event took position since late August. place in the Legislature. The Assembly formally recognized Members were saddened the important contributions of at the loss of their colleague, the Métis people in the creation Dianne Whelan, MHA for of Saskatchewan as a province. A Conception Bay East – Bell Island, Métis sash, crafted by Pat Adams, Newfoundland and who died on October 3rd. Ms. was presented to the Legislative Labrador Whelan was Minister of Municipal Assembly by Robert Doucette, Affairs at the time of her death. President of the Métis Nation of Cabinet Shuffles Saskatchewan and Elder Nora n November 25, 2010 Premier Cummings. The Métis sash now ODanny Williams, announced his resignation effective December In a Cabinet shuffle on October lays alongside the Mace, beaver 13, 2010, , MHA 3. Kathy Dunderdale, MHA Kevin O’Brien pelt and beaded table runner on for Gander, formerly Minister the Table in the Legislature. for Virginia Waters, Minister of Natural Resources and Deputy of Government Services, was Independent Officer Premier, was sworn as Premier appointed Minister of Municipal on December 3, the first woman Affairs while Harry Harding, A motion was passed by the to hold the office in the history of MHA for Bonavista North, Assembly to appoint Bob Pringle the Province. was appointed Minister of as the Children’s Advocate. Government Services. Mr. Pringle, former Minister Yvonne Jones, MHA In a second Cabinet shuffle on of Social Services and MLA for for Cartwright – L’Anse au December 6th, Shawn Skinner the constituencies of Saskatoon Clair, Leader of the Official was appointed Minister of Eastview and Saskatoon Opposition, who is on leave Natural Resources, with Eastview-Haultain, has extensive for medical reasons, appointed responsibility for the Forestry knowledge and experience Kelvin Parsons, MHA for Burgeo and Agrifoods Agency, the related to social issues. Some of – LaPoile and Government House portfolio formerly held by his recent work includes co- Leader, acting Leader of the Ms Dunderdale; Susan Sullivan chairing Saskatchewan’s Task Opposition. Ms. Jones expects to was appointed Minister of Force on Housing Affordability return to her duties full time in Innovation, Trade and Rural and chairing a panel and the Spring. Development with responsibility completion of a report for the The House of Assembly for the Rural Secretariat and the Ministry of Social Services reconvened on December 6th Status of Women, while retaining entitled Saskatchewan Child Welfare having adjourned for the summer responsibility for Francophone Review Panel Report: For the Good on June 24th. Twenty-nine Bills Affairs; Joan Burke, Minister of of Our Children and Youth. Mr. received Royal Assent on June Child, Youth and Family Services Pringle is also a Saskatoon City 24th, the Interim and Main was appointed Acting Minister Councilor and a Human Services Supply Bills having been assented of Human Resources, Labour Consultant. to in March and May respectively. and Employment, Minister

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 55 Responsible for the Status of the Progressive Conservative summoned the National Persons with Disabilities, the party who defeated Mark Watton Assembly for an extraordinary Labour Relations Agency, the representing the Liberal Party sitting on October 18, 2010. Workplace Health, Safety and and Rosie Myers representing This sitting, held in compliance Compensation Commission and the New Democratic Party. with the exceptional procedure Youth Engagement. provided for in Standing Order Agreement with Medical 182, focussed on the examination A third Cabinet shuffle took Association and passage of Bill 115, An Act place on January 13, 2011 when following upon the court decisions on Premier Dunderdale appointed On December 16th, Government the language of instruction. Derrick Dalley as Minister of reached a tentative agreement Business. Charlene Johnson with the Newfoundland and On November 24, 2010, a formerly Minister of Environment Labrador Medical Association. debate was held on a want of and Conservation was appointed The offer, which includes 100% confidence motion moved by the Minister of Child, Youth and Atlantic parity within the first Official Opposition. This motion, Family Services. Joan Burke, two years of the agreement, pay which concerned the construction formerly Minister of Child, equity for salaried specialists, industry, the awarding of public Youth and Family services was and retention bonuses for fee- contracts, permits and subsidies, appointed Minister of Education, for-service rural physicians, and the financing of political a portfolio Ms. Burke had was made after two weeks of parties, was defeated by a vote of held before. Ross Wiseman, discussions with the Ministers of 61 to 57. Health and Finance. Government formerly Minister of Business In accordance with the has also agreed to the principle of was appointed Minister of parliamentary calendar, the binding arbitration as a dispute Environment and Conservation. National Assembly adjourned resolution mechanism for future Darin King, formerly Minister its proceedings on December 10, agreements. Specialists who had of Education, was appointed 2010 and is scheduled to resume submitted their resignations Minister of Human Resources, on February 8, 2011. Labour and Employment with effective in the New Year responsibility for the Labour rescinded their decisions. The Directive from the Chair Relations Agency, Youth Newfoundland and Labrador On November 11, 2010, the Engagement and Minister Medical Association ratified the Official Opposition House Responsible for Persons agreement on December 21. Leader, Stéphane Bédard with Disabilities for Youth Final Sitting of 46th General notified the President of his Engagement and the for the Assembly intent to rise on a matter of Newfoundland and Labrador privilege or contempt. In his Housing Corporation. The House is expected to re- notice, he alleged that Hydro- convene in mid-March for what By-elections Québec had been in contempt of will likely be the final sitting of Parliament by failing to comply the 46th General Assembly as the David Brazil, representing the with an order of the Assembly General Election will take place Progressive Conservative Party adopted on September 29, 2010 on October 11th, 2011. was elected on December 2nd in reference to the production in the District of Conception Elizabeth Murphy of documents. The President Bay East - Bell Island, formerly Clerk Assistant/Clerk of Committees heard Members’ arguments at a represented by Ms Whelan. The subsequent sitting and took the other candidates were Joy Buckle, matter under advisement. representing the Liberal Party, and George Murphy representing The ruling on this matter the New Democratic Party. was rendered on November 23. President Yvon Vallières The by-election for the District indicated that the terms of of Humber West, vacated upon the Assembly order are clear. the resignation of former Premier Hydro-Québec has no other Williams, was called for February t the request of Premier choice but to transmit all of the 15. The candidates were Jean Charest, the President information requested. However, Vaughn Granter, representing A

56 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 the concerns expressed by the Other Events applicable to those who are also Crown corporation, particularly Cabinet Ministers in the exercise regarding trade and security At the sitting of December 9, of their ministerial functions. issues, are well founded. Hydro- the National Assembly made It particularly establishes the Québec is therefore asked to nominations requiring the rules of conduct to be observed identify the information it approval of two-thirds of by Members on such matters considers to be of strategic the Members of the National as incompatible offices or importance. The Assembly will Assembly. Jacques Drouin was posts, conflicts of interest, then determine in what manner thus appointed Chief Electoral remuneration, gifts and benefits, Hydro-Québec’s concerns will Officer. Jean Chartier was attendance at Parliament, and be taken into consideration. named Chairman of the Access the use of State property and Even if the facts set forth allow to Information Commission. services. In addition, the Code us to believe that there is, at first Finally, Jacques Saint-Laurent provides for the appointment glance, a breach of privilege or was appointed the first Ethics by the National Assembly of contempt, an additional delay is Commissioner. This office was an Ethics Commissioner, who hereby granted. Consequently, created by the Code of Ethics and is to be responsible for the Hydro-Québec was given until Conduct of the Members of the administration of the Code. This December 2, 2010 to transmit National Assembly, which was Commissioner’s functions include to the Assembly all of the adopted in early December. providing advisory opinions to documents requested. On November 23, Bill 132, An Members on their request, as well as to the Premier with regard to Hydro-Québec did comply Act to suspend the electoral division Cabinet members, concerning with the order given and delimitation process, was adopted their obligations under the forwarded the requested on division. This Act suspends Code and conducting inquiries documents. Following a meeting the electoral division delimitation into any violation of the rules with the House leaders of the process begun under the Election of conduct established by the parliamentary groups and Act by the Commission de la Code according to the procedure the independent Members, it représentation électorale until set by the Code. It should be was agreed that the procedure June 30, 2011. It sets the stage noted that during the months relating to the complaint of for discussions among political of May, June and September to breach of privilege or contempt parties to find a way of achieving November 2010, the Committee should be suspended to allow a balance between the principle of on Institutions had set aside 22 the Members to analyze the effective representation and the sittings for the clause-by-clause information received. protection of the political weight of regions. Each political party is consideration of this bill. Composition of the National thus invited to submit its proposal Orders of Initiative Assembly to this effect by March 2011. On October 6, within the A by-election was held on Jacques Gagnon framework of an order of November 29 in the electoral Secretariat of the Assembly initiative, the Committee on division of Kamouraska- Institutions heard Pierre Marc Témiscouata, which had been Johnson on the orientations left vacant following the death of Parliamentary Committees expressed by the Government Claude Béchard. André Simard, Last November 12, the of Québec to the Federal the Parti Québécois candidate, Committee on Institutions Government concerning the won this election. He took his concluded its clause-by-clause proposed free trade agreement seat in the National Assembly on consideration of Bill 48, Code of between Canada and the December 7. ethics and conduct of the Members European Union, as well as on The composition of the of the National Assembly. The the current state of negotiations National Assembly is now as bill was passed by the National and the issues arising from follows: Québec Liberal Party, Assembly on December 3, 2010. this proposal. The Committee 65; Parti Québécois, 52; Action This code of ethics and conduct tabled its report to the National démocratique du Québec, 4; contains measures applicable Assembly on November 9. Québec Solidaire, 1; and 3 to all MNAs in the exercise of Last December 7, the independent Members. their functions as well as rules

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 57 Committee on Transportation the creation of an obligatory 26, November 2 and 11 in and the Environment tabled a sex education programme and Québec City, on November 19 follow-up report on its order the establishment of adequate in Rimouski and on November of initiative concerning the obligatory instruction for persons 25 and 26 in Sherbrooke. As situation of lakes in Québec who will provide sex education of December 23, 2010, the as regards cyanobacteria. This courses. Within the framework Committee had held nineteen report contains 16 unanimous of this mandate, on November sittings in six different cities. recommendations, particularly 29, 2010, the Committee heard Other public hearings will be as regards the development, representatives of the Centre held in Saint-Jérôme, Gatineau, by the Government of Québec, d’aide et de lutte contre les Montréal and Québec City in of a “private septic system” agressions à caractère sexuel de January and February 2011. component within the Gas l’Estrie, a commissioner and a Tax Fund and the Québec student from the Commission Valérie Roy Government’s contribution. This scolaire de Montréal, a medical Secretariat of Committees Translation: component would benefit low- specialist from the Direction de la income families by allowing them santé publique of the Agence de Sylvia Ford to bring their septic systems up la santé et des services sociaux de Secretariat of the Assembly to standard. From August 17 to la Capitale-Nationale as well as 20 and on September 20, 2010, 22 representatives of the Ministère groups and experts came before de l’Éducation, du Loisir et du the Committee to present their Sport. viewpoints. It should also be Twenty-fifth Report on the mentioned that 85 persons filled Accountability of Deputy out the online questionnaire. Ministers Last November 30 , the Committee on Agriculture, On December 9, the Committee Alberta Fisheries, Energy, and on Public Administration tabled in the National Assembly a Natural Resources, tabled he Fall Sitting of the Third a report containing three report on the accountability of deputy ministers and chief TSession of the Twenty-Seventh recommendations, after Legislature, which commenced on having held public hearings on executive officers of public bodies. This report includes six October 25, 2010, and adjourned November 17, 2010 with regard on December 2, lasted 19 sitting to a petition on the treatment of recommendations pertaining to the watch over projects days and 132 sitting hours. During animals. It should be noted that the sitting, the Assembly passed the Member for Jacques-Cartier, to modernize Montréal’s university medical centres. 13 Government Bills. A total of one Geoffrey Kelley, was heard by Government Bill and five Private the Committee in his capacity as In total, this report contains seventeen unanimous Members’ Public Bills, along with chairman of the working group other Private Members’ business on the welfare of companion recommendations made by the Committee members. These items, remained on the Order Paper animals. The recommendations upon the adjournment of the sitting. contained in this report focus on recommendations focus on three three problem areas identified by mandates that were carried out Bill 17, Alberta Health Act, and the Committee members, namely in recent months. Other matters other Health-Care Issues included in the report are the abandonment, overpopulation Health-care concerns in large and puppy mills. support of judicial activities in courthouses and the selection of part marked the Fall Sitting of the Last December 8, the qualified immigrant workers. Assembly, with the introduction Committee on Culture and of Bill 17, Alberta Health Act, Education tabled in the National Select Committee on Dying with the suspension from the Assembly a report on sex Dignity Progressive Conservative caucus education courses. This mandate, of the Parliamentary Assistant The Select Committee on Dying arising from petitions received, to the Minister of Health and with Dignity continued its contains two unanimous Wellness, and an emergency public hearings on October recommendations focussing on debate on emergency room

58 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 wait times in Alberta hospitals. Other Notable Bills Boundaries Commission Act was The health-care issue came to a amended in 2009 such that an head in mid-November when The Government Bills that Electoral Boundaries Commission the Parliamentary Assistant to received Royal Assent at the would be established and tasked the Minister of Health, Dr. Raj conclusion of the Fall Sitting with increasing the number of Sherman, openly criticized the included Bill 16, Traffic Safety electoral districts in Alberta Government’s failure to decrease (Distracted Driving) Amendment by four, from the current 83 to emergency room wait times. Act, 2010. This legislation 87. In 2009-2010, the Electoral Furthermore, on November 18, prohibits vehicle drivers from Boundaries Commission a request for leave for an using a cellphone, except when conducted public hearings emergency debate on the state using a cellphone in hands-free throughout the province to of emergency room services was mode or when a cellphone is receive input on changes to granted and debate on this issue used by drivers of emergency Alberta’s electoral district continued for the remainder of vehicles, along with other select boundaries. The Commission the sitting day. drivers, in the performance of recommended a number of their duties; texting or emailing; alterations including that Calgary Subsequently, Dr. Sherman or using electronic devices, such receive two additional electoral was suspended from the as video games or computers. districts and that Edmonton Progressive Conservative The legislation also provides, and the Fort McMurray region caucus and relieved of his duties with exceptions, that drivers may each receive one more electoral as Parliamentary Assistant. not operate a vehicle if the display division. The Commission’s During the afternoon sitting on screen of a television, computer final report was presented to November 24, Dr. Sherman, sitting or other device in the vehicle is the Speaker of the Assembly in as an Independent Member of the activated and visible to them. June. The Assembly debated and Assembly, moved an amendment Nor may drivers use a global approved the recommendations to Bill 17 to provide, among positioning system navigation contained in the Commission’s other things, that the lengths of device for navigation purposes report in October and changed stay in emergency departments while operating a vehicle. Other the names of four electoral accord with standards set by distracting driving activities that districts. Bill 28 reflects the the Canadian Association of are prohibited include reading or Assembly’s amendments to the Emergency Room Physicians. The viewing printed materials, writing, Commission’s report. amendment was debated for the printing or sketching, engaging remainder of the afternoon sitting in personal grooming or hygiene Bill 208, Recall Act, which is and during the evening sitting, along with other activities as a Private Member’s Public Bill, which adjourned at 4:30 p.m. specified in the regulations. sponsored by Paul Hinman, the following day. After further was being considered at Second debate, the amendment was Bill 24, Carbon Capture and Reading when the Fall Sitting defeated and Bill 17 was passed Storage Statutes Amendment Act, adjourned. Bill 208, Recall Act, as its and granted Royal Assent. 2010 clarifies ownership of pore name suggests, proposes to allow space in rock formations and for the recall of Members should Bill 17, Alberta Health Act long-term liability for carbon specific conditions, such as the requires that the Minister of sequestration projects and creates issuance of a recall petition, which Health and Wellness create a a stewardship fund which covers itself requires, among other things, Health Charter. The Health the ongoing monitoring of signature of at least 33 per cent of Charter sets out expectations and remedial work that takes place the total number of eligible voters responsibilities within the health- upon the conclusion of projects. within an electoral district, be met. care system, creates a Health Advocate to address citizen Bill 28, Electoral Divisions Committee Activity concerns with the health-care Act revises Alberta’s electoral system, and establishes a process boundaries reflecting the Speaker Ken Kowalski by which the public may provide recommendations put forth announced in late November input into the development of by the Electoral Boundaries 2010 the resignation of G.B. regulations made under the Act. Commission and amendments “Gord” Button, the Ombudsman made by the Legislative of Alberta. On December 1, the Assembly. The Electoral Assembly appointed a search

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 59 committee, consisting of nine David Swann announced his 2011, amid speculation about the Members, called the Select Special resignation as Leader of the possibility of a spring election Ombudsman Search Committee, Official Opposition to take effect and the content of the upcoming which is responsible for inviting following the adjournment of the budget. applications for this position and Spring Sitting of the Assembly. Financial Procedures – ultimately recommending to the Visit of Governor General Opposition Days Assembly whom it considers the most suitable applicant. On November 28, 29 and 30, On December 2, 2010, a motion was adopted by unanimous The Assembly deemed the David Johnston, Governor consent amending Standing Standing Committee on Health General of Canada made an Order 81(10)(a) to provide certain to be the special committee to official visit to Alberta. As a directives for the allocation review the Freedom of Information highlight of his visit, Governor of the 22 sitting days for the and Protection of Privacy Act. The General Johnston addressed consideration of the business of Committee met a number of the Legislative Assembly. supply in 2011 during the present times over the summer and fall In his address, Mr Johnston Parliament. This continues a of 2010 in its effort to undertake emphasized the importance practice that began with the a comprehensive statutory of the family, education, adoption of a motion to the same review of the Act. The Committee innovation, entrepreneurship and effect on June 19, 2009. received and reviewed written philanthropy to the advancement submissions on the legislation of Canadian society. The On December 9, 2010, the and heard from stakeholders and Governor General began the Supplementary Estimates (B) for other presenters during public official visit by attending the the fiscal year ending March 31, meetings, held in Edmonton in 98th Grey Cup Championship, 2011 were concurred in by a vote early September. The Committee’s which was held in Edmonton of 200 to 68. Bill C-58, An Act for final report, presented to the on November 28, and ended the granting to Her Majesty certain Assembly on November 15, visit in Calgary, on November 30. sums of money for the federal public 2010, was 23 pages in length and Remembrance Day Ceremony administration for the financial year contained 24 recommendations. ending March 31, 2011, was then Two minority reports were On November 4, Speaker also agreed to at all stages. appended to the report. Kowalski hosted a Remembrance Legislation Day service in the Rotunda Caucus Changes of the Legislature Building. During recent debates on several On January 24, 2011, Dave Taylor, Deputy Premier Doug Horner, pieces of government legislation, an Independent Member of the Dr. Swann, Brian Mason of the opposition Members expressed Legislative Assembly for Calgary- New Democrats and Mr. Hinman their objections about the nature Currie, requested to sit in the of the Wildrose Alliance Party of the short titles used for the Assembly as a representative participated in the service. bills, and the short titles of several of the Alberta Party during the Philip Massolin, Ph.D. of them were deleted during upcoming Spring Sitting. Committee Research Coordinator committee. Bill C-22, An Act respecting the mandatory reporting On January 25, 2011, Premier of Internet child pornography by Ed Stelmach, who has been persons who provide an Internet Premier since December 2006, service, the short title of which announced his intention to resign had been Protecting Children his position after the end of the from Online Sexual Exploitation Spring Sitting of the Assembly. Act, was reported back from On January 27, 2011, Dr. Ted the Standing Committee on Morton resigned his position as House of Commons Justice and Human Rights with Minister of Finance and Enterprise amendment on October 25, 2010, in anticipation of his participation as the Committee voted to delete ecember 16, 2010, was the last in a contest for the leadership of the the short title of the Bill. On sitting day of the fall session Progressive Conservative Party. D November 15, 2010, at report of the House of Commons. The stage in the House, Bob Dechert On February 1, 2011, Dr. House returned on January 31,

60 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 (Parliamentary Secretary to the Committee reported the potential interrelated. As the Speaker Minister of Justice) moved that breach of privilege in its Seventh determined that the scope of the the short title be restored to its Report, tabled in the House on question was sufficiently narrow original form but the motion was November 23, 2010. The Speaker to satisfy established procedural negatived 138 to 126. Similarly, concluded that the members requirements, the question was on December 14, 2010, the House of the Standing Committee allowed to stand in its present negatived a motion at report on Finance, individually and form on the Order Paper. stage to restore the short title, collectively, appeared to have Private Members’ Business Serious Time for the Most Serious been impeded in their work and, Crime Act, of Bill S-6, An Act to accordingly, found that a prima On November 24, 2010, the Amend the Criminal Code and facie breach of privilege had House adopted, by a vote of 141 another Act, which had been occurred. Following debate, the to 132, an amendment to the deleted in committee. The short House agreed to refer the matter third reading stage of Bill C-304, title Cracking Down on Crooked to the Standing Committee on An Act to ensure secure, adequate, Consultants Act of Bill C-35, An Procedure and House Affairs. accessible and affordable housing for Act to amend the Immigration and The Speaker, the Clerk of the Canadians, standing in the name Refugee Protection Act, was also House, Audrey O’Brien, the Law of Libby Davies (Vancouver deleted in committee and the Bill Clerk and Parliamentary Counsel East). The amendment referred was concurred in at report stage of the House, Rob Walsh, and the Bill back to the Standing on December 6, 2010, pursuant to the Chief Information Officer, Committee on Human Resources, a special order. Louis Bard, all appeared before Skills and Social Development the Committee on December 9, On December 1, 2010, and the Status of Persons with 2010 on the issue. On December during Routine Proceedings, Disabilities for the purpose of 14, 2010, the Standing Committee Mark Holland (Ajax-Pickering) reconsidering some clauses of the on Procedure and House Affairs moved that the First Report of the Bill. held televised meetings and Standing Committee on Public heard from the former employee On December 1, 2010, during Safety and National Security, which of Ms. Block who had allegedly the report stage debate on Bill dealt with prison farm closures, be leaked the confidential draft C-474, An Act respecting the Seeds concurred in. During the debate, report as well as the five lobbyists Regulations (analysis of potential Tom Lukiwski (Parliamentary to whom the report allegedly had harm), Megan Leslie (Halifax) Secretary to the Leader of the been sent. On December 16, 2010, moved that when the Bill is called Government in the House of Ms. Block testified as a witness on next, the time provided for the Commons) moved that the debate the same question. consideration of any remaining be now adjourned. The question stage of the Bill be extended, was put immediately on the motion On December 15, 2010, the pursuant to Standing Order 98(3), and it was negatived 135 to 132. Speaker ruled on the point of by a period not exceeding five The debate then continued. order raised on December 8, 2010, hours. The question was put and, by Mr. Lukiwski concerning the Questions of Privilege and more than 20 Members having length of Order Paper Question Points of Order risen in support of the motion, No. 614, standing in the name it was adopted. This marked the On November 29, 2010, the of Pablo Rodriguez (Honoré- first time Standing Order 98(3) Speaker (Peter Milliken) ruled Mercier). The Speaker noted was used in the House. on the question of privilege that that when written questions are Committee Business had been raised on November submitted to the Journals Branch for inclusion in the Notice Paper, 23, 2010 by Thomas Mulcair As part of its study on the they are examined with a view (Outremont) concerning the management of the Department to ensuring that all of their parts November 18, 2010 premature of Public Works and Government are interrelated, that they are disclosure – by an employee Services in the awarding of not too broad and that they meet of Kelly Block (Saskatoon— contracts for the renovation various other criteria for written Rosetown—Biggar) – of the of parliamentary buildings, questions. The Speaker reviewed Standing Committee on Finance’s the Standing Committee on Question No. 614 and found that confidential draft report on its Government Operations and its sub-questions were indeed pre-budget consultations. The Estimates tabled its Sixth Report

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 61 on November 24, 2010, in which Robert Sopuck won in the Whole for a take note debate on the it recommended a moratorium electoral district of Dauphin— current negotiations to conclude on all tendering of contracts Swan River—Marquette a comprehensive economic and associated with the parliamentary (Manitoba), Conservative trade agreement with the European buildings until the Committee candidate Julian Fantino Union by the end of 2011. had concluded its study. was victorious in Vaughan On December 14, 2010, 147 (Ontario) and Liberal candidate On November 5, 2010, Bill written Questions were submitted Kevin Lamoureux won in C-32, An Act to Amend the to the Journals Branch by Members Winnipeg North (Manitoba). Mr. Copyright Act, was read a second of Parliament for inclusion on the Lamoureux took his seat in the time and referred to a legislative Order Paper. This constituted a House on December 9, 2010, while committee. Gord Brown (Leeds— record number for a single day. Mr. Sopuck and Mr. Fantino took Grenville) was appointed Chair their seats on December 15, 2010. On January 29, 2011, Speaker of the legislative committee Milliken celebrated 10 years from the Panel of Chairs by the Other Business as Speaker of the House of Speaker on November 19, 2010. On November 2, 2010, the House Commons. He was first elected A legislative committee was resolved itself into a Committee Speaker in 2001, was acclaimed as also created for Bill C-49, An of the Whole for a take-note Speaker in 2004 and re-elected to Act to amend the Immigration debate on the courageous the Chair in 2006 and 2008. and Refugee Protection Act, the contribution and service to Suzie Cadieux Balanced Refugee Reform Act and Canada by Canada’s veterans. the Marine Transportation Security Procedural Clerk Table Research Branch Act, though the debate has yet to On November 3, 2010, Jean- conclude at second reading. On Pierre Blackburn (Minister of November 5, 2010, the Speaker Veterans Affairs and Minister appointed Andrew Scheer of State (Agriculture)) made a (Deputy Speaker and Chair of statement in the House about Committees of the Whole), from Veterans’ Week in Canada which the Panel of Chairs, as Chair of was followed by two minutes of the legislative committee. silence. On December 2, 2010, in light During Routine Proceedings of the leak of the confidential on November 24, 2010, draft report on the pre-budget Christiane Gagnon (Québec) New Brunswick consultations of the Standing asked the Speaker to call Notice Committee on Finance, the House of Motion for the Production of n November 9, 2010, agreed to a motion providing Papers No. P-32, “That the House OGovernor General the Committee with a one week issue an order to produce a copy David Johnston made his extension for the tabling of its of the aqueduct system analysis first Official Visit to the report. On December 14, 2010, the reports for Canadian Forces Base province. Greeted upon arrival Standing Committee on Finance Valcartier, Quebec, from 1970 by Lieutenant-Governor announced that it would not report on.” The House voted on the Graydon Nicholas, the official on its pre-budget consultations. motion, which was agreed to 140 party proceeded to the Legislative to 129. Assembly where they were Membership Changes met by Premier David Alward. On December 13, 2010, The Governor General received On November 4, 2010, Denis Coderre (Bourassa) military honours, a 21 Gun Jim Prentice (Calgary Centre- submitted a request for an Salute and inspected the Guard North) announced his immediate emergency debate on the of Honour. Their Excellencies resignation from Cabinet and situation in Haiti. The Speaker were introduced to the Speaker his resignation as Member of accepted the request and the of the Legislative Assembly, Parliament on November 14, 2010. debate took place later on the Dale Graham, as well as the Clerk same day. Three by-elections were of the House and the Sergeant- held on November 29, 2010. On December 14, 2010, the at-Arms. The Governor General Conservative candidate House sat in Committee of the then proceeded to the historic

62 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 Legislative Assembly Chamber have been affected by job losses. • Legislation will be introduced where he met with Members of the The provincial debt, which to begin reducing the corporate Legislative Assembly and Cabinet. stands at more than $8 billion, income tax rate for small business by 50 per cent to an Also on November 9, former is projected to reach over $10 eventual rate of 2.5 per cent. Premier Shawn Graham billion in 2012. It was noted that the government has come • Growth in property announced his decision to step assessments for homeowners down as Liberal Leader and forward with a comprehensive will be capped at three per cent Leader of the Official Opposition. plan to address the challenges for two years and a fair and First elected in a 1998 by-election through changing the culture of effective property tax system will be established for the long and re elected in 1991, 2003, 2006 government, responsible fiscal management, citizen engagement term. Property tax relief for and 2010, Mr. Graham was elected homeowners 65 and older will Leader of the Liberal Party of New and focussed leadership. The be initiated. Brunswick in May 2002. Following Throne Speech detailed the actions the government will take • NB Power will establish a his re-election on September 18, mechanism to put in place a 2006, when his party captured 29 to create jobs; promote economic three-year freeze of electricity of the 55 seats in the Legislative growth; reduce the deficit; and rates. An Energy Commission Assembly, he was sworn in improve the quality of education has been established which will work on the development October 2, 2006 as the province’s and healthcare. Highlights include: of a progressive, long-term 31st Premier. Mr. Graham provincial energy policy. continues to represent the riding of • A new economic development • A new local governance and vehicle called Invest NB will be Kent in the Legislature. service delivery system will be established. The Official Opposition forged in full partnership with residents and stakeholders. caucus subsequently elected • A four-year, $200-million northern New Brunswick • Legislation will be introduced Victor Boudreau to serve as Leader job creation fund will be to create a lobbyist registry; of the Opposition until the election established as well as a four- to establish a provincial year, $50-million Miramichi of a new leader. Mr. Boudreau, Referendum Act; and to regional job creation fund. who was first elected in a 2004 by enable more free votes in the election, and re elected in 2006 • Small businesses will be Legislative Assembly. and 2010, held several ministerial strengthened through lowering In the Reply to the Speech portfolios while in government the small business tax rate, from the Throne, Leader of the including Minister of Finance greater access to capital and easing of regulatory and Opposition Mr. Boudreau stated and Minister of Business New administrative burdens. that the Liberals would not be Brunswick. • A multi-year silviculture an obstructionist opposition and During the 17-day fall sitting, plan for both Crown lands that good policies that would be the House passed 11 pieces of and private woodlots will be of benefit to the province would legislation, considered capital introduced with the goal of improving forest productivity be supported. He noted that estimates for 2011-2012, debated as well as wages for workers. such policies should not include several motions, and struck a undoing all the good that had select committee. • With respect to early childhood education, work will be done been done over the past four years. Throne Speech to establish more spaces for toddlers and infants; to He suggested that efforts On Tuesday, November 23, create more early childhood training programs; to increase to reduce poverty must be Lieutenant Governor Nicholas compensation for staff; and to continued and that new policies delivered the first Throne Speech make the system more inclusive and laws need to be implemented of Premier Alward’s government, in rural and urban areas and for to help the less fortunate. The formally opening the First Session. children with disabilities and other special needs. Opposition Leader urged the The Throne Speech outlined government to follow through on • A community service all of the recommendations of the significant fiscal challenges facing requirement for high school the Province: the effects of the students will be introduced Poverty Reduction Initiative. recent recession are still being and a new action plan to The Opposition Leader stated experienced, unemployment has promote adult literacy will be implemented. that economic growth must risen and many communities be at the top of the list for the

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 63 new government and that New • Bill 5, An Act to Amend the a select committee to examine Brunswick must be an attractive Assessment Act, introduced the ongoing refurbishment of the place to do business. He noted by the Minister of Local Point Lepreau Nuclear Power Government, Bruce Fitch that the government must set places a a 3% cap on Plant. The Select Committee on goals and targets to measure the growth of property Point Lepreau, chaired by Kirk success and that without them assessments for residential, MacDonald will meet regularly promises of job creation are owner occupied properties for to review the progress of the nothing but empty political two years. refurbishment, consider issues, rhetoric. • Bill 6, An Act to Amend the and report back to the House, Assessment Act, introduced so that the taxpayers of New Mr. Boudreau noted that the by the Minister of Local Brunswick will be fully aware of Speech offered many promises to Government, initiates property the current state of the project. spend money on new programs tax relief for home owners but was vague on what the aged 65 and over as part of an Since the adjournment of overall strategy to help seniors government would actually stay in their homes longer. the House, Committees have be doing to address the fiscal maintained an active schedule. problems. The Opposition Leader • Bill 11, An Act Respecting the The Standing Committee on Saint John Harbour Bridge stated that the government has Authority, introduced by the Public Accounts, chaired by a responsibility to inform New Minister of Transportation, Rick Doucet has reviewed Brunswickers as to the options Claude Williams will allow the annual reports and being considered and whether the Authority to transfer the public accounts of various they would include higher taxes ownership of the bridge to the government departments. province of New Brunswick. or fewer services. The Standing Committee on Capital Budget Crown Corporations, chaired by The Opposition Leader stated Jack Carr is scheduled to meet in that the government must set On December 14 the Minister February and March. priorities which should include of Finance, Blaine Higgs, better health care for New introduced the 2011-2012 Capital House Standings Brunswickers, better treatment for Budget, which totals $592.9 The Legislature will resume seniors, better education for young million. In an attempt to scale sitting on March 22, 2011, at people and a growing economy back capital spending and return which time the Minister of to create jobs. He suggested that to fiscal balance, the capital Finance will bring down his services should be improved budget relates almost entirely to government’s first budget. The for these citizens and not cut. projects already underway and current standings in the House He stated that it is critical that for the maintenance of existing are 42 Progressive Conservatives the government take a balanced infrastructure. Only seven per and 13 Liberals. approach to governing and not cent of the budget is for new just promise to increase spending. projects. Highlights of the capital Kenda Clark-Gorey On Opening Day, budget include $98.3 million Legislative Librarian Claude Landry and Carl Urquhart for the K-12 education system; were elected Deputy Speakers. $19.4 million for the community college network and $7.5 million Legislation for universities; $56.9 million for health-care infrastructure; The government introduced $313.2 million for transportation thirteen Bills during the fall Northwest Territories infrastructure such as roads, sitting. Noteworthy among them: bridges and ferries; and $53.6 he fifth session of the 16th • Bill 4, An Act to Amend the million for ongoing projects in the Legislative Assembly of the Motor Vehicle Act, introduced by justice and corrections system. T the Minister of Public Safety, Northwest Territories, which Robert Trevors prohibits the Committees began in March 2010, reconvened handling or programming of on October 14, 2010 and took handheld cellular telephones, In addition to passing a motion an extended adjournment on texting devices, entertainment appointing the various standing November 4, 2010 until February devices, or GPS systems while driving. committees, the House appointed 2, 2011. The main topic of

64 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 discussion for members was the • Bill 18: An Act to Repeal the The most interest was capital estimates for the 2011- Settlements Act, which revokes generated by the clause that 2012 fiscal year. The fall capital the Settlements Actand makes would allow people to put dogs consequential changes to other planning process allows for acts; in distress “if the distress results greater efficiencies and maximizes from an activity carried on in the short spring and summer • Bill 19: Municipal Statutes accordance with the regulations Amendment Act, which amends construction season in the far the Charter Communities Act, or in accordance with generally north. the Cities, Towns and Villages accepted local or traditional A number of bills were Act and the Hamlets Act to practices of dog care, use and clarify the process involved in referred to standing committees, management.” Many people making bylaw petitions and to felt that this clause provided including: establish guidelines for making municipal grants; and a “deadly loophole” through • Bill 14: An Act to Amend the which people could claim that Conflict of Interest Act, which • Bill 20: An Act to Amend the various forms of animal cruelty provides that territorial Evidence Act, which would and federal government protect evidence on quality were legitimate locally accepted employees who sit on boards assurance committees or traditional practices. Other and municipal councils are from being used in court people felt that removing not automatically in a conflict proceedings, and consequently this clause would subject dog of interest when a contract or from access to information mushers, people who use dogs other matter affecting their requests. employer comes before their for hunting and trapping, and board or council; Committee Activities people who keep dogs at their • Bill 15: An Act to Amend the Fire fish camps, for example, to Prevention Act, which says that Standing committees met for a judgements about appropriate the Fire Marshal can carry out a week in December and a week in treatment that don’t realistically fire prevention order when the January. The December meetings apply to working dogs. They owner of a structure cannot be were a chance for committees to worried that removing this identified; and catch up on in camera business clause would result in many • Bill 16: An Act to Amend the and on departmental briefings. unwarranted charges against Dog Act. This bill clarifies that The January meetings were the people who actually treat their a dog is in distress if it does committees’ first look at the not have adequate food, water, dogs well. The committee will shelter, necessary veterinary draft main estimates, which the be holding one more hearing in care or if it is subject to obvious members will consider in detail Fort Smith on February 10, 2011, abuse or neglect; allows in the February-March sitting on and will present its findings in bylaw and RCMP officers to the floor of the House. the House during the February- enter a premises or vehicle and take custody of dogs in The Standing Committee March sitting. distress; makes exceptions for on Economic Development Jennifer Knowlan locally accepted or traditional and Infrastructure, chaired by practices; and increases the Principal Clerk, Standing and penalties for offences under the David Ramsay, MLA Kam Lake, Special Committees act to a maximum of a $5,000 held public hearings on Bill 16: fine and three months in jail An Act to Amend the Dog Act in for a single offence, and up to a January, with one more to come $10,000 fine and six months in in February. The committee jail for repeat offences. held two public hearings in Other bills before standing Yellowknife, and one each in Hay committees are: River and Inuvik. Public interest • Bill 17: An Act to Amend the in this bill was very high, and the Nunavut Income Tax Act, which facilitates committee heard from dozens a child tax benefit that is also of people at the meetings, and he Legislative Assembly’s applicable for shared custody received dozens of letters from fall 2010 sitting began on arrangements, and adjusts across the territory and all over T the dividend tax credit and October 19, 2010. On that date, the country. The committee chair deductions for corporations the Members of the Legislative with foreign investment was interviewed in local media, Assembly announced that the income; and also on the national CBC Mid-Term Leadership Review of radio show “As It Happens.”

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 65 the Executive Council would take body consisting of all nineteen Minister of Culture, Language, place on November 3, 2010. Members of the Legislative Elders and Youth. Assembly. By convention, its On October 25, 2010, the Iqaluit West MLA Paul Okalik decisions concerning such Legislative Assembly approved and Nattilik MLA Jeannie Ugyuk matters as the selection of the a motion to establish an Electoral stood for election as Speaker. Mr. Speaker, Premier and Cabinet Boundaries Commission. Okalik was selected as Speaker Ministers are ratified by way of The Legislative Assembly and took the Chair later that formal motions in the House. unanimously recommended afternoon for the Assembly’s The proceedings of the Forum the appointments of Justice final sitting of the year. Speaker take place in the Chamber of the J. Edward (Ted) Richard, Kirt Okalik’s first day as Speaker also Legislative Assembly and are Ejesiak and Gordon Main to required his appearing before open to the public to observe. serve on the Electoral Boundaries the Committee of the Whole on Commission. Justice Richard Similar mid-term reviews the occasion of its consideration serves as the Commission’s of the Executive Council were of proposed amendments to the Presiding Officer. The held during the 1st Legislative Nunavut Elections Act, a statute Commission’s public hearings Assembly (1999-2004) and that falls under the jurisdiction of began in January 2011. 2nd Legislative Assembly the Legislative Assembly itself. (2004-2008). The 2010 review Under the Nunavut Elections The House adjourned for the followed a similar process Act, the Electoral Boundaries Christmas recess at the conclusion wherein the Premier and her Commission must submit its final of its sitting of November 4, 2010. Ministers delivered statements report and recommendations to The 2nd Session of the 3rd Legislative and responded to questions the Legislative Assembly within Assembly will reconvene on from the Regular Members of 250 days of its establishment. The February 22, 2011. It is anticipated the Legislative Assembly. The Nunavut Elections Act provides that the proceedings of the winter 2010 process culminated in all that any changes to Nunavut’s sitting will be dominated by the Members present being entitled electoral boundaries and the scrutiny of the Government of to cast secret ballots expressing number of constituencies in the Nunavut’s proposed 2011-2012 confidence or non-confidence in Legislative Assembly will not main estimates and departmental each member of the Executive come into effect until the general business plans. election for the 4th Legislative Council. This constituted the first Assembly. time that a mid-term leadership Legislation review involved a formal vote. Minister of Finance Premier and Iqaluit East MLA A dozen bills were passed by the and Cambridge Bay MLA Eva Aariak and all members of Legislative Assembly during its Keith Peterson delivered his the Executive Council retained the fall 2010 sitting: fall fiscal update on October support of a majority of the Members 19, 2010. The proceedings of of the Legislative Assembly. • Bill 35, Licensed Practical Nurses the Committee of the Whole Act during the fall 2010 sitting of On November 4, 2010, the Nunavut Leadership Forum • Bill 37, Tobacco Damages and the House were dominated by Health Care Costs Recovery Act the scrutiny of the Government reconvened to undertake the selection of a new member of the • Bill 38, Appropriation (Capital) of Nunavut’s proposed 2011- Act, 2011-2012 2012 capital estimates, in Executive Council. The selection addition to the consideration of a process was necessitated by the • Bill 39, Supplementary resignation of Amittuq MLA Louis Appropriation (Operations and number of reports related to the Maintenance) Act, No. 3, 2009-2010 Nunavut Housing Corporation’s Tapardjuk from Cabinet, which expenditures and activities. had been announced on October • Bill 40, Supplementary 28, 2010. Three Members stood for Appropriation (Operations and The November 3, 2010, election, including Uqqummiut Maintenance) Act, No. 3, 2010-2011 Mid-Term Leadership Review MLA James Arreak, who resigned • Bill 41, Supplementary of the Executive Council was the Speakership in order to stand Appropriation (Capital) Act, No. conducted under the auspices for election. Mr. Arreak was 3, 2010-2011 of the Nunavut Leadership selected to serve on the Executive • Bill 42, Forgiveness of Debts Act, Forum. The Forum is an informal Council. He currently serves as 2010, No. 2

66 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 • Bill 43, Write-off of Assets Act, On October 28, 2010, 2010-2011 Mr. Okalik presented the • Bill 44, An Act to Amend the Committee’s report to the House Income Tax Act on its hearings on the report of • Bill 45, An Act to Amend the the Languages Commissioner. Labour Standards Act (Minimum On October 29, 2010, Committee Wage) Co-Chairperson Fred Schell • Bill 46, An Act to Amend the Senior presented the Committee’s report Citizens and Disabled Persons to the House on its hearings on Property Tax Relief Act; and the report of the Information and Prince Edward Island • Bill 51, An Act to Amend the Privacy Commissioner. Nunavut Elections Act Other Matters he Fourth Session of the Committee Activities TSixty-third General Assembly The 28th Canadian Presiding adjourned to the call of the On October 27, 2010, Committee Officers’ Conference took place Speaker on December 9, 2010, Chairperson Ron Elliott presented at the Legislative Assembly of after 16 sitting days. A total of 33 the Report of the Standing Nunavut from January 20-23, bills received Royal Assent at the Committee on Rules, Procedures 2011. Speaker Okalik was the host conclusion of the sitting. for the conference. and Privileges on Recommendations Among them: The Electric for Amendments to the Rules of the The 3rd Speaker’s Youth Power (Electricity-Rate Reduction) Legislative Assembly of Nunavut and Parliament was held during Amendment Act (Bill No. 25) Other Matters. The Committee’s the week of November 22-26, makes a number of amendments recommendations for amendments 2010. Commissioner of Nunavut to recognize and facilitate the to the Rules of the Legislative Edna Ekhivalak Elias opened implementation of the Prince Assembly of Nunavut were adopted the formal sitting of the Youth Edward Island Energy Accord, a by the House and will come into Parliament, which was televised major component of which is the effect on the first day of the winter live across the territory. guarantee of an average 14 per 2011 sitting. cent rate reduction for electricity On January 11, 2011, Speaker to Island consumers, starting The Committee’s report also Okalik announced the opening in March 2011 and to remain in addressed the use of portable of nominations for the Order of place until the spring of 2013. hand-held electronic devices, Nunavut. The Order of Nunavut laptop computers and other Advisory Council considers An Act to Amend the School Act technologies in the Legislative nominations to the Order and (Bill No. 31) provides the ability Assembly Chamber and makes recommendations to for the Minister of Education and Committee Rooms. The report the Commissioner of Nunavut, Early Childhood Development recommended that the Speaker who serves as the Chancellor of to appoint an official trustee issue interim guidelines on the Order. The members of the to conduct the affairs of a the use of such technologies. Advisory Council are the Speaker school board, and investigate The Standing Committee is of the Legislative Assembly of the condition of a school anticipated to report back to the Nunavut, the Senior Judge of the board, including the actions of House at its spring 2011 sitting Nunavut Court of Justice and the school trustees. The legislation with its final recommendations. President of Nunavut Tunngavik follows much media and The Standing Committee Incorporated. Nominations must community comment regarding on Oversight of Government be received by April 29, 2011. The the functioning of one of the Operations and Public Accounts first investiture ceremony will province’s three school boards. take place in 2011 on a date to be held hearings from September An Act to Amend the Retail announced. 27, 2010 to October 1, 2010, on Business Holidays Act (Bill No. the most recent reports of the Alex Baldwin 100), a private member’s bill, Auditor General of Canada, the Office of the Legislative Assembly introduced by Olive Crane, Languages Commissioner of of Nunavut Leader of the Opposition, Nunavut and the Information allows retailers in the province and Privacy Commissioner of to open on Sundays year round. Nunavut.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 67 Starting in January of this year, Speaker shall be entered in Capital Budget Released retail businesses are permitted the daily Journal. In voting in to open at 12 noon on Sundays, favour of the Motion last night, Minister of Finance and Hon. Members, I did not offer Municipal Affairs, Wes Sheridan, although they must still close on any reasons for why I voted designated holidays, regardless in the manner I did but I wish presented the capital budget of the day of the week on which to do so now. I refer all Hon. in the Legislative Assembly on those holidays fall. Prior to Members to House of Commons, November 26, 2010. Totalling passage of the bill, many retailers Procedure and Practice, Second $137.7 million, the plan will Edition 2009, page 316 which provide investments of $65.9 were limited to remaining open states as follows: on Sundays between Victoria million to the health care system “In theory, the Speaker has in 2011/2012, and a further $40.4 Day weekend and late December. the same freedom as any other Passage of the bill marks the end Member to vote in accordance million for transportation and of a long debate in the province with his or her conscience; infrastructure renewal. The about the merits of Sunday however, the exercise of this Minister indicated that process of shopping, which had proponents responsibility could involve winding down from the capital the Speaker in partisan debate, stimulus program is continuing, arguing that consumers demand which would adversely affect this service, while others favoured the confidence of the House with infrastructure spending Sunday as a day of rest or worship. in his or her impartiality. returning to normal levels. Therefore, certain conventions Casting Votes of the Speaker have developed as a guide PEI Energy Accord to Speakers (and Chairs in a On November 25, 2010, Bill No. Committee of the Whole) in In mid-November, Premier 100, was reported as agreed to the infrequent exercise of the Robert Ghiz released details without amendment from the casting vote. Concisely put, of the Prince Edward Island the Speaker normally votes to Energy Accord that is aimed at Committee of the Whole, and a maintain the status quo.” recorded division was sought on significantly reducing electricity In the case of Bill 100, the the motion for adoption of the costs for Island consumers. debate was not a partisan The Accord contains a number committee report. There was an debate. The matter before the equality of votes, which required House was a private member’s of initiatives including a new Speaker Kathleen Casey to make initiative and Honourable power purchase agreement her first casting vote since taking Members, without partisan between Maritime Electric considerations, expressed office in July 2007. She voted in Company Limited and New opinion and voted according to Brunswick Power, increased favour of the motion, and advised their conscience on the floor of the House that she did so in order this Chamber. As your Speaker, public investment in wind to preserve the possibility that the I did the same...I voted my energy, and the establishment matter might somehow be brought conscience. As noted, and due of a Commission on the Future to circumstances, it became back in the future and be decided of Electricity in Prince Edward my responsibility to cast the Island which aims to ensure that by the majority of the House. deciding vote and, because voting either way could not all Islanders have an opportunity Speaker Casey had occasion reasonably be interpreted to to participate in the development again to cast the deciding vote involve the Speaker in partisan of the province’s energy future. on November 30, 2010, as there debate (there was none) or Legislative change in the form was a tie vote on the motion for undermine your confidence of the Electric Power (Electricity- third reading of the same bill. She in the Chair, I voted my conscience. Rate Reduction) Amendment Act voted in favour of the motion. will guarantee a 14 per cent rate Her reasons were noted in the The opportunity to cast the reduction effective March 2011, Journal of December 1, 2010, and deciding vote comes very rarely which will stay in place until the were as follows: to Speakers of the Prince Edward spring of 2013. Rule 43 of the Rules of the Island Legislative Assembly. Legislative Assembly of Prince Prior to the two occasions in Pension Benefits Act Sent for Edward Island provides that November 2010, a casting vote Public Consultation in such circumstances, when last occurred in June 1969 when The proposed Pension Benefits there is an equality of votes Speaker Prosper Arsenault was upon a division, the Speaker Act obligates employers with called upon five times in one shall cast the deciding vote pension plans to register those sitting day to use his casting vote. and any reasons stated by the plans and to make financial

68 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 disclosure on a regular basis. It This year marks the start of a legislatures and the practice also establishes the circumstances year long celebration to honor and of responsible government. in which employees may commemorate the 160th anniversary Building for Democracy explores access their retirement funds. of the achievement of responsible the many common architectural The bill received first reading government in Prince Edward. themes shared by legislative on December 2, 2010, and the assembly buildings and why Beginning in January 2011, a Minister of Justice and Public they were built in a very specific number of events will take place Safety, Doug Currie, indicated architectural style. It examines which are designed to recognize that it was his intention to specific questions such as why the the historical significance of the conduct an extensive consultation Legislative Council and House of 160th anniversary of responsible with stakeholders prior to Assembly Chambers are located on government and to encourage its the spring 2011 sitting of the the second floor, why the “upper celebration. The year will provide Legislative Assembly. To date, chambers” tend to be located where an opportunity for all people in more than 35 interested parties they are and why very carefully Prince Edward Island to learn have identified themselves chosen locations within the city more about the past and, more participants in this consultation, were selected as the construction importantly, to better understand including employers, pension sites. today’s Legislative Assembly. In plan administrators, pension conjunction with the community Open House for Public Service plan consultants, individual celebrations, a number of projects plan members and investment of a more enduring nature will Speaker Casey hosted a well- advisors. be completed during the year. attended Open House for Anniversaries The goal of these legacy projects members of the provincial public is to further enhance democratic service on January 28, 2011. The On December 2, 2010, values within the province. event included special “insiders’” Ron MacKinley, Minister of tours of Province House, door Transportation and Infrastructure Book Launch prizes and refreshments, and Renewal, was congratulated for was intended to be a kickoff to a A book on the architectural his 25 years as an elected member year-long celebration of the 160th history of the three Maritime of the Legislative Assembly. Mr. anniversary of the achievement legislative assembly buildings MacKinley was first elected to of responsible government in the was launched at Province House represent his riding in a 1985 province. It was at the opening on November 18, 2010. Building by-election, and has served of the spring session in 1851 for Democracy: The History and continuously ever since. that, after a lengthy struggle, Sir Architecture of the Legislative Alexander Bannerman, Governor He is the longest-serving Buildings of Nova Scotia, Prince of Prince Edward Island, member of the current Edward Island and New Brunswick announced that responsible Legislature. Following the was written by James W. Macnutt government would be granted 2000 provincial election, Mr. of Charlottetown. to the colony. To commemorate MacKinley was the lone Liberal Mr. Macnutt has written and this significant milestone, member in the House. He lectured on architectural history the Legislative Assembly is became interim leader of the and is very familiar with the organizing a number of events Liberal Party and Leader of Legislative Assembly of Prince to take place throughout 2011 to the Opposition until the 2003 Edward Island having served provide those interested with an general election, when he was as its first legislative counsel opportunity to learn more about replaced in both capacities by and as law clerk. The book the historical and presentday Mr. Ghiz. In June 2007, Mr. documents, through pictures and importance of this event. MacKinley assumed office as text, the origins and usage of the Minister of Transportation architectural styles in which the and Public Works. His buildings are constructed, and the position was renamed to Marian Johnston origins of the form and function Minister of Transportation and Clerk Assistant and of the various parliamentary Clerk of Committees Infrastructure Renewal during chambers and spaces in each a government reorganization in building as they continue to allow early 2010. for the functioning of modern

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 69 for Whitehorse Centre by Commissioner Phillips, in a ceremony held in the Legislative Chamber. On September 26, 2009, Ms. Hanson, then-President of Yukon’s NDP, was acclaimed Yukon as the new Leader of the Yukon NDP, during the Party’s convention in Whitehorse. In Senate n November 30th, Prime 2007, Ms. Hanson retired as OMinister Stephen Harper the Regional Director-General, he Senate’s 2010 fall session announced that Douglas (Doug) Yukon Region, of Indian and ended on Wednesday, George Phillips would serve Northern Affairs Canada. T as Yukon’s new Commissioner. December 15. A traditional Mr. Phillips took over from royal assent ceremony brought outgoing Commissioner New Administrator of Yukon the session to a close in the late Geraldine Van Bibber, whose afternoon when the Governor term came to an end on that On December 22, 2010, John General assented to eight date. He was inaugurated as Duncan, Minister of Indian Affairs government bills and three public Commissioner of Yukon on and Northern Development bills. December 17th in a ceremony announced the appointment A number of the government held in Whitehorse. of Bob Cameron as Yukon bills that received royal assent Administrator for a three-year were part of the government term, effective upon Mr. Cameron From 1985-2000, Mr. Phillips policies mentioned in the Throne taking the Oaths of Office and Speech. The public bills from served as the MLA representing Allegiance. Before his retirement the constituency of Riverdale the Senate and the House of in 2001, Mr. Cameron enjoyed a Commons also drew the attention North. During the 28th 34 year career as a commercial Legislature (1992-1996), he held of parliamentarians and support pilot and operations manager for from the government. Two of the various Cabinet portfolios, North Turbo Air. Mr. Cameron’s including Tourism, Education, bills that received royal assent father, Gordon Robertson amended the Criminal Code, while and Justice, in the Yukon Party Cameron, who had also been an government of John Ostashek. Senator Tommy Banks’ Bill S-210 aviator, served as Commissioner amended the Federal Sustainable Since 2007, Mr. Phillips had of Yukon from 1962-1966. served as Yukon Administrator Development Act and the Auditor (the Administrator acts in place General Act. The Senate’s work of the Commissioner in case of Spring Sitting over the last few months lined up the Commissioner’s absence or with the government’s legislative illness). Mr. Phillips has been a On January 19, 2011, pursuant to objectives. Standing Order 73, the Premier Director of the Yukon Hospital Bills Foundation since 2005. advised the Speaker that the public interest required the House to meet In the last two months of 2010, on February 3, and the Speaker the Senate studied and passed New Member Elected accordingly provided notice of this to more than 10 bills at third Members. Although Yukon does not reading. A number of other bills A December 13, 2010 by-election, have a fixed parliamentary Calendar, called on November 12th by are still at second reading or the February 3 start date falls have been sent to committee. Premier Dennis Fentie, was approximately 7 weeks earlier that Over the last few months, a held in the electoral district the usual start of the Spring Sitting. of Whitehorse Centre, to fill a number of unusual events in the vacancy caused by the death of Linda Kolody Upper Chamber have drawn the attention of the House of Todd Hardy, former NDP Leader Deputy Clerk on July 28, 2010. On December Commons and the media. 20th, Elizabeth Hanson was On November 16, the sworn in as the Member Speaker of the Senate called

70 CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 for a vote at second reading Insolvency Act and the Companies’ the report. After debate, the on Bill C-311, An Act to ensure Creditors Arrangement Act in matter was put to a voice vote. Canada assumes its responsibilities order to protect beneficiaries A recorded vote was requested in preventing dangerous climate of long term disability benefits and deferred to 5:30 p.m. the change. The bill had been plans. The Committee’s report following day. On December 8, passed by a slim majority in the recommended that this bill not the committee’s report was House of Commons on May 5, be proceeded with further in the adopted by a slim majority of 2010. Senator Grant Mitchell Senate for the reasons listed in 47 yeas to 44 nays. As a result, sponsored the bill in the Senate. the report. It was a controversial consideration of the bill was The result of the voice vote was report that was adopted in suspended indefinitely. contested, so a recorded vote committee by a vote of 6 yeas to Lastly, Bill C-36, An Act took place. The final tally was 32 5 nays. respecting the safety of consumer senators in favour and 43 against. On November 30, when products, was introduced in the As a result, the bill was defeated the Senate considered the Senate on November 2. While at second reading and was report, a point of order was it was the subject of animated dropped from the Order Paper. raised regarding the report’s debate, it quickly passed the Pursuant to rule 59(10) of the admissibility. Several senators second reading and committee Rules of the Senate, on November put forward that the committee stages. Several amendments 17 Senator Mitchell raised a had not done a clause-by-clause were proposed at third reading question of privilege regarding study of the bill, as required but were negatived following the events recorded in the Debates under rule 96(7.1) of the Rules of the result of two recorded votes. of the Senate on November 16, the Senate. The following day, the The bill was adopted without 2010, regarding the vote on Speaker returned with his ruling amendment by a recorded vote of Bill C-311. After discussion, on the point of order, citing rule 50 yeas to 36 nays. the Speaker made his ruling, 100. He noted that there have Committee of the Whole reminding Senators that the been very few instances in which Journals of the Senate are the only Senate committees have used On November 25, the Senate sat official record of deliberations the process allowed under rule as a Committee of the Whole in in the Senate and that the 100, the most recent case being in order to receive Jennifer Stoddart proceedings the day before had 1998. According to the available respecting her appointment been in keeping with the Rules. records, committees have always as Privacy Commissioner. Her The Speaker quoted citation 479 made the decision to report appointment was approved by of Beauchesne’s Parliamentary Rules against a bill without starting the Senate on November 30, 2010. and Forms, which states that a clause-by-clause study. That is Member may not speak against to say, the basic issue of whether Tributes or reflect upon any determination a committee considers that a The Senate paid tribute to the of the House, unless intending bill should be proceeded with is memory of two former Senators to conclude with a motion for decided, either explicitly or, most who died in 2010, Duff Roblin rescinding it. As a result, the often, implicitly, before clause-by- and Norman Atkins. Speaker ruled that it was not a clause. If the committee decides question of privilege. However, to make a recommendation under Two Senators retired in the result of the vote in the Senate rule 100, it does not ever reach November and December 2010. was the subject of debate in the the clause-by-clause stage. The The Senate paid tribute to Peter Lower House several times, with Speaker added that it would be Stollery on November 23 and certain Members protesting the contradictory and inconsistent to Jean Lapointe on November fact that a bill passed by elected to require that a committee go 30. Following their retirement, representatives could be defeated through a bill clause-by-clause Prime Minister Stephen Harper by the Senate. when it had already decided to announced the appointment of two report against the bill. Therefore, new Senators on December 20, 2010. On November 25, the the report was ruled to be Committee on Banking, Trade Don Meredith was appointed properly before the Senate. and Commerce presented its to fill the vacant Ontario seat. sixth report, on Bill S-216, An On December 7, the Senate He is the Executive Director and Act to amend the Bankruptcy and resumed its consideration of co-founder of the GTA Faith

CANADIAN PARLIAMENTARY REVIEW/SPRING 2011 71 Alliance, an interfaith group that One outspoken critic of the from the caucus executive: is dedicated to finding solutions Premier’s leadership style, Bill Norm Macdonald, opposition to youth violence. Larry Smith Bennett, was removed from caucus chair (October 15) and was appointed to fill the vacant cabinet (November 17) and from Katrine Conroy, opposition whip Quebec seat. He is well-known the BC Liberal Party caucus (November 19). Ms. James was in Montreal from his days as (November 19). His ministerial first elected to the Assembly in a fullback with the Montreal Energy portfolio was transferred to 2005. Alouettes from 1972 to 1980, and the Minister of Natural Resource The BC NDP Provincial as President and Chief Executive Operations, Steve Thomson. Council voted on December 18, Officer of the same team from Four candidates in the 2010 to hold a leadership 1997 to 2001 and again since 2004. Liberal leadership race resigned convention on April 17, 2011, While the majority of political as cabinet ministers: Moira using a one-member, one-vote votes in the fall session were Stilwell, George Abbott, process. Members of the party carried by the Conservatives, Kevin Falcon and Mike de for at least 90 days prior to these last two appointments Jong. Their portfolios were the election date can vote via mean the Conservatives now assumed by Executive Council telephone or Internet during have an absolute majority in the members. Another contender, the convention, or via advance Senate. Christy Clark, served in voting. The Provincial Council the cabinet during the 37th also accepted the caucus choice Marie-Eve Belzile parliament (2001-05) before of interim leader, Dawn Black, Procedural Clerk becoming a radio talk-show host. formerly an NDP MP. Five candidates in the BC NDP The province-wide leadership leadership race have resigned vote took place on February 26, from the caucus executive 2011 with the results announced and/or their critic roles: Mike at the election-night headquarters Farnworth, Adrian Dix, John in Vancouver. For the first time, Horgan, Nicholas Simons and party members used on-line or Harry Lali. phone voting to cast a preferential ballot where candidates were Recall Petitions British Columbia ranked in order of preference. Ballots were weighted equally in Under the Recall and Initiative Act, registered voters in British he Legislative Assembly was each of the province’s 85 electoral Columbia can petition for the adjourned throughout the districts and translated into 100 T removal of an MLA 18 months reporting period. Outside the points per riding. On the third or later following a provincial House, leadership races in both count, Ms Clark won a majority general election. To date, the the major provincial parties have (52%) of the available points Acting Chief Electoral Officer, dominated the political scene and across British Columbia, defeating Craig James, has approved led to changes in party standings. Mr. Falcon in the run-off. It is three recall applications related Currently the BC Liberal Party anticipated that the premier- to the anti-HST campaign. The has 47 seats, the BC NDP 34 and designate will appoint a new recall petition in the Oak Bay- Independents now total four. cabinet by mid-March. Gordon Head electoral district BC Liberal Party Leadership BC NDP Leadership Race has failed as the proponent Race did not collect enough valid On December 6, 2010, signatures to warrant a full As reported in the previous issue, Carole James announced that verification process. Two other Gordon Campbell has announced she would be stepping down as recall campaigns are currently his intention to resign as Premier Leader of the Official Opposition, underway in the Kamloops-North once the BC Liberal Party has elected in the face of a call from 13 of her Thompson and Comox Valley a new leader. The party executive caucus colleagues for a leadership electoral districts. set February 26, 2011 as the date for a race. Earlier in the fall, Ms James’ leadership vote, following a separate decision to remove Bob Simpson, Josie Schofield convention on leadership voting MLA from the NDP caucus had Manager, Committee Research rules on February 12. precipitated two resignations Services

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