Legislative Reports

cleaning and maintenance. More with the number ONT-1-00001 – specifically, the Mace was being indicating that the finished stone re-plated, all in preparation for a was the first diamond to be mined, very special ‘addition’. cut and polished in Ontario – and with the Latin motto found on the Mine to Mace Project Assembly’s coat of arms: “audi al- DeBeers Canada, through the Min- teram partem” or “hear the other istry of Northern Development side”. and Mines, approached the On Thursday March 24, 2009, Legislative Assembly of Ontario the Speaker adjourned the House with the offer of a diamond ex- during pleasure in order to permit Ontario tracted from the Victor Diamond a ceremony on the floor of the Mine, Ontario’s first (and current- Chamber for the presentation of ly only) diamond mine, located the refurbished Mace. Jacques he winter recess was inter- near Attawapiskat. The result is rupted when the Ontario Leg- Cartier might have been im- T that DeBeers Canada present- pressed – he was disappointed islature was re-called on Sunday, ed the Legislative Assembly of January 25, 2009 to deal with a when some rocks (quartz and iron Ontario with three diamonds, two pyrite) he had collected and taken labour dispute between York Uni- of which were mounted on the versity and its teaching assistants. home in 1542 did not contain dia- Mace. (The third will be part of an monds and was the first to use the The Minister of Labour, Peter Fon- exhibit about the Mace.) expression, “Fake as Canadian seca, introduced Bill 145, An Act to resolve labour disputes between York The diamonds were handpicked diamonds”. by Ontario’s Chief Gemmologist, University and Canadian Union of The House Public Employees, Local 3903. The Ron Gashinski, from among the bill was debated over five days first commercial production of the The Legislative Assembly now has and received Third Reading and Victor Diamond Mine. The Mace a second Select Committee: the Royal Assent on Thursday, Janu- was sent to Corona Jewellery who House passed a motion to strike ary 29. created and mounted the setting. a Select Committee on Mental Something about the House sit- Corona also arranged to have the Health and Addictions with a tings during this period was dif- Mace cleaned and re-plated so that mandate to consider and report ferent – even casual observers of its gilded finish matched the lustre to the House its observations and the proceedings noticed that each and sparkle of the diamonds. recommendations with respect to morning the Sergeant-at-Arms led The mount was crafted of plati- a comprehensive Ontario mental the Speaker’s Procession carrying, num alloy, generously provided health and addictions strategy. and laying on the Clerk’s Table, by Vale Inco. The setting includ- The Committee is required to the first Provincial Mace that was ed one rough and one polished report back to the Legislature by used in 1792 in Upper Canada’s stone and was designed by Reena the end of the spring 2010 sitting first Parliament at Newark (now Ahluwalia, an Ontario jewellery period, or three months later if Niagara-on-the-Lake). It is made designer. more time is required. of pine and weighs only 2.5 kilos, As part of the project a supreme The Environmental Commis- about a third of the weight of the master diamond cutter, Jack Lu, sioner of Ontario tabled a report ‘regular’ Mace, in use since 1867. from Crossworks Manufacturing, on March 2, 2009, entitled, “The As Deputy Speaker Bruce cut and polished the diamonds on Last Line of Defense, A Review Crozier informed the House, the site in the North Heritage Room. of Ontario’s New Protections for current Mace had been sent for The diamond was laser-etched Species at Risk”. The Endangered

50 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 Species Act came into effect in effect January 2009), MPPs may Committees June 30, 2008 and this was the co-sponsor a private members’ The Standing Committee on Environmental Commissioner’s public bill. Up to one member Finance and Economic Affairs first report on the Act. One of the from each party and any indepen- met for the purpose of Pre-budget recommendations in the report dent member may co-sponsor a Consultation Report Writing on was that the Government develop bill. At the time of writing, three Thursday, February 19, 2009. The regulations requiring the Ministry bills had been co-sponsored: Committee made eight recommen- of Natural Resources to publicize dations and the final report in- proposals for developments • Bill 111, An Act to proclaim cluded a dissenting opinion from that could harm the 183 at-risk Emancipation Day (Ted each of the Opposition parties. species. Arnott, PC; Maria Van The Pre-budget Consultation 2009 Bommel, LIB); Dwight Duncan, Minister Report was tabled in the House on of Finance, presented the • Bill 124, An Act to amend the Monday, March 9. Government’s budget for 2009- Smoke-Free Ontario Act with respect to cigarillos (France The Standing Committee on 2010 on March 26. Highlights of Gélinas, NDP; Dave Levac, Justice Policy considered two the budget include the harmoniza- LIB); Government bills. The first was tion of the PST and GST, creating a • Bill 147, An Act to pro- Bill 108, An Act respecting apologies. single 13% sales tax, starting July claim Holodomor Memorial The bill provides that an apology 1, 2010; the freezing of MPP sala- Day (Dave Levac, LIB; does not constitute an admission ries at their current level through Frank Klees, PC; and of fault or liability except for the 2009-2010; and $32.5 billion for Cheri DiNovo, NDP); purposes of a proceeding under infrastructure projects over the the Provincial Offences Act. The next two years. Bill 162, An Act Bills 111 and 124 received Royal Committee received written sub- respecting the budget measures and Assent on December 24, 2008; Bill missions from the public and after other matters was referred to the 147 was referred to the Standing clause-by-clause consideration, Standing Committee on Finance Committee on Justice Policy on reported the bill back to the House and Economic Affairs for one day March 5, 2009 and was ordered with certain amendments. The bill of public hearings and one day discharged from that Committee received Royal Assent on April 23. of clause-by-clause (as per a time on April 9. The bill was ordered The Committee’s second bill allocation motion that passed on for Third Reading without debate was Bill 115, An Act to amend the April 21). or amendment on April 9 and re- Coroners Act. The Committee held Education Minister Kathleen ceived Royal Assent on April 23. public hearings and after clause- Wynne introduced Bill 157, In response to many MPP com- by-clause review, reported the Education Amendment Act (Keeping ments about the amount of paper bill back to the House with certain Our Kids Safe At School), to require Members received in the House amendments. school staff to report serious stu- (as many as eight fully-packed The Standing Committee dent incidents, such as bullying, four-inch binders at each desk), on the Legislative Assembly to the principal. After Second the Speaker launched a project had a busy winter sitting. The Reading, the bill was referred to to save paper in the Legislative Committee conducted clause- the Standing Committee on Social Chamber. All binders were re- by-clause consideration of three Policy for public hearings. moved and Members wanting Private Member’s Public Bills. On John Gerretsen, Minister of the a copy of Hansard or of a bill December 3, 2008, the orders for Environment, introduced Bill 167, may obtain a copy each day at referral for Bill 37, An Act to amend An Act to promote reductions in the the Table. Members who wish to the Child and Family Services Act to use and creation of toxic substances keep their binders and have the protect Ontario’s children, Bill 98, and to amend other Acts. The legis- daily updates continue may do An Act to promote the sale of Ontario lation would require companies so upon request. While ensuring grown agricultural food products by to track and report on the use of that all Members have full access amending the Municipal Act, 2001 toxic chemicals, but the govern- to the information they ask for, and the Public Transportation and ment would not impose manda- the Speaker has succeeded in sig- Highway Improvement Act, and Bill tory targets. nificantly reducing the amount of 124, An Act to amend the Smoke-Free paper used in the Chamber. Under the new Standing Ontario Act with respect to cigarillos Orders (which came fully into

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 51 to the Standing Committees respecting a long-term strategy to intended appointments to Ontario on Social Policy, Justice Policy reduce poverty in Ontario. Government agencies, boards and General Government, The Standing Committee on and commissions, pursuant to its respectively, were discharged General Government held public permanent mandate. During the and the bills were referred to hearings on Bill 118, Countering winter recess and the spring sit- the Standing Committee on Distracted Driving and Promoting tings of the House, the Committee the Legislative Assembly. The Green Transportation Act, 2009 and reviewed the operations of the very next day, on December 4, Bill 126, Road Safety Act, 2009 con- following agencies: Ontario 2008, the Committee dealt with currently over three days during Securities Commission; Human the three bills (which had been the month of March. The bills Rights Tribunal of Ontario; and time-allocated) concurrently amend the Highway Traffic Act Ontario Racing Commission. In and completed clause-by-clause to prohibit driving with display each case, the Committee met consideration in just under 20 screens and other devices in motor with the agency itself and heard minutes. vehicles, and impose a zero blood presentations by selected stake- The Committee continues to alcohol concentration on young holders. be very busy during the spring and novice drivers when driv- Other matters sitting of the Legislature deal- ing. Both bills were reported as ing with two labour-related amended on April 2 and received On January 12, 2009, Laurie Scott Government bills, Bill 139, An Act Royal Assent on April 23. resigned her seat as member for to amend the Employment Standards the electoral district of Haliburton- On February 24, the Minister of Kawartha Lakes-Brock. The by- Act, 2000 in relation to temporary Energy and Infrastructure, George help agencies and certain other mat- election gave the leader of the Smitherman, introduced Bill 150, Progressive Conservative Party ters and Bill 154, An Act to amend Green Energy and Green Economy of Ontario, John Tory, an oppor- the Employment Standards Act, 2000 Act, 2009 ( Green also known as the tunity to campaign for a seat in in respect of organ donor leave. Bill Energy Act) . The legislation would the Legislature. The by-election 139 generated a great deal of inter- remove regulatory roadblocks for was held on March 5 and Rick est and the Committee heard from wind turbines, solar farms and 52 witnesses in 11 hours over two Johnson, Liberal, won the seat by other ‘green’ energy sources and about 900 votes (a 2.5% margin). sitting days. Bill 154 would permit promote conservation through an organ donors to take up to 26 Mr. Tory had been without a upgraded building code, higher seat since the general election of weeks unpaid/job-protected leave standards for appliances and man- to recover from surgery. October 2007 when he ran and datory energy audits of homes for lost in the electoral district of Don The Standing Committee on sale. The legislation also includes Valley West, against Kathleen Social Policy held public hearings a “Buy Canadian” clause requir- Wynne, Minister of Education. An Act to amend the on Bill 141, ing domestic content in green The day after the by-election, Regulated Health Professions Act, energy projects. Mr. Tory announced his resigna- 1991 and reported the bill back The legislation received Second tion as leader. Bob Runciman, to the House with certain amend- Reading on March 11 and was re- MPP (Leeds-Grenville), will serve ments on March 11, 2009. The bill ferred to the Standing Committee as interim leader until the PCs received Royal Assent on April 23. on General Government. The hold a leadership convention at The Committee also considered Committee met in Toronto on the end of June. (Mr. Runciman An Act to amend various Bill 133, April 6, 8, 20, and 22, and trav- has been serving as the Leader Acts in relation to certain family law elled to Sault Ste. Marie, London, of the Official Opposition in the matters and to repeal the Domestic and Ottawa on April 14, 15, and Legislature since the October 2007 Violence Protection Act, 2000 with 16. Response to the Committee’s election.) public hearings on March 23, 24 request for witnesses was so and 30 in Toronto, followed by Mr. Johnson was sworn in on great that the House authorized March 23 as the member for the clause-by-clause on April 6 before the Committee to sit beyond its reporting the bill back to the electoral district of Haliburton- normal hour of adjournment on Kawartha Lakes-Brock. House with certain amendments. two of its meeting days. Following constituency week, Four candidates have de- the Committee conducted public The Standing Committee on clared their intention to run for consultations on Bill 152, An Act Government Agencies contin- the leadership of the Progressive ued to undertake the review of

52 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 Conservative Party of Ontario: Spring marks the beginning pupils from other Canadian prov- Christine Elliott, MPP (Whitby- of the budgetary process at the inces. Oshawa), Randy Hillier, MPP National Assembly and, last (Lanark-Frontenac-Lennox and 19 March, the Minister of Finance Other Matters Addington), Tim Hudak, MPP launched this process with the On March 6, 2009, Mario (Niagara West-Glanbrook), and Budget Speech. The debate on Dumont announced his resigna- Frank Klees, MPP (Newmarket- the Budget Speech ensued, to tion as Member for the electoral Aurora). be suspended in the Assembly division of Rivière-du-Loup and On June 14, 2008, Howard and continued in the Committee as Leader of the Action démocra- Hampton, MPP (Kenora-Rainy on Public Finance. On Tuesday, tique du Québec. A Member from River), announced that he would March 24, 2009, the Assembly car- 1994 to 2009, Mr. Dumont held be stepping down as leader of the ried a motion by the Government the office of Leader of the Official New Democratic Party of Ontario. House Leader for the Assembly Opposition from April 2007 to Andrea Horwath, MPP (Hamilton to give consideration to Interim November 2008. Supply for the fiscal year ending Centre), was elected as the new On April 8, 2009 Monique March 31, 2010. This budgetary leader at the NDP convention Jérôme-Forget resigned as held in Hamilton on March 7 and stage concluded with the passage Member for the electoral division Appropriation Act No. 1, 2009- 8, 2009. Ms. Horwath won on of of Marguerite-Bourgeoys. She 2010 the third ballot, defeating other , and the referral to the stand- represented this riding at the contenders Gilles Bisson, MPP ing committees of the estimates National Assembly from 1998 to (Timmins-James Bay), Michael of expenditure for the 2009-2010 2009, a period during which she Prue, MPP (Beaches-East York), fiscal year. On April 7, 2009, the was the Official Opposition critic and Peter Tabuns, MPP (Toronto- Assembly resumed the debate on for finance from 1999 to 2003, then Danforth). the Budget Speech and, at the con- Chair of the Conseil du trésor and clusion of this debate, carried the Ms. Horwath was Third responsible from the Government motion by the Minister of Finance Administration from 2003 to 2008, Deputy Chair of the Committee of proposing that the Assembly ap- the Whole House. Cheri DiNovo and Minister of Finance from 2007 proves in general the budgetary to 2009. She was the first woman assumed the role of Third policy of the Government. Deputy Chair of the Committee to hold the offices of Chair of the of the Whole House in April. Ms. Parliamentary simulations Conseil du trésor and Minister DiNovo is the NDP member for of Finance simultaneously. From February 11-13, 2009, the Raymond Bachand, Minister the electoral district of Parkdale- Québec National Assembly wel- High Park. of Economic Development, comed more than 100 students Innovation and Export Trade, from Secondary 3 and 4 to the Susan Sourial succeeds Mrs. Jérôme-Forget. 7th Young People’s Parliament. Committee Clerk This parliamentary simulation Within the framework of provided an opportunity to partic- discussions on parliamentary ipants from 29 public and private reform, the political parties schools from 11 regions through- present in the Assembly agreed to out Québec to get together to ex- grant the status of parliamentary amine three bills that they had group to the Members of the drafted during this 7th legislature Action démocratique du Québec and which concerned the follow- for the duration of the 39th ing issues: the accountability of Legislature. Sylvie Roy, Member he parliamentary proceedings young people as regards cyberse- for the riding of Lotbinière, and Tof the first session of the 39th curity in Québec schools; the ob- Marc Picard, Member for the legislature, which were adjourned ligation for Québec high schools riding of Chutes-de-la-Chaudière, on January 15, 2009 after three days to implement a first-aid training now respectively have the status of of extraordinary sittings, resumed programme for students and staff Leader and of Second Opposition for the spring sessional period on members; and the implementa- Group House Leader since April March 10, 2009, with the Opening tion of methods to foster student 21, 2009. Speech of the Session delivered by exchanges among Francophone The composition of the Premier Jean Charest. pupils of Québec and Anglophone Assembly stands as follows:

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 53 Québec Liberal Party, 65 Members; will continue its hearings on this decision, the Committee will hear Parti Québécois, 51 Members; subject upon reception of certain in the coming weeks five organi- Action démocratique du Québec, documents, among which is the zations that had not been heard in 6; Québec solidaire, 1. There are 2 annual report 2008 of the Caisse the fall, after which it will be able vacant seats. de dépôt et placement du Québec. to draft its final report. The Liberal Member for Eleven other individuals will be At the end of March and L’Acadie from 1976 to 1989, and heard on this occasion, includ- the beginning of last April, the Minister of Health and Social ing Henri-Paul Rousseau, former Committee on Social Affairs held Services from 1985 to 1989, chairman and chief executive of- special consultations on Bill 6, An Thérèse Lavoie-Roux passed ficer of the Caisse de dépôt, and Act to establish a seniors caregiver away in Montréal on January 31, Pierre Brunet, former chairman of support fund and on Bill 7, An 2009. the board of directors of this same Act to establish an early childhood organization. Lastly, in pursuance development fund. Some thirty The President of the National of the aforementioned motion, Assembly of Québec, Yvon individuals and organizations the Minister of Finance was were heard during these Vallières, unveiled on March scheduled to be heard again for a 31, the portrait of his predeces- consultations. The purpose of Bill period of four hours at the conclu- 6 is to give support to caregivers sor, Michel Bissonnet, who was sion of these hearings. However, President from June 2003 to July who provide unpaid in-home care the latter resigned from office on and regular assistance to seniors 2008. The portrait of Mr. Bissonnet April 8, 2009. hangs in the Presidents’ Gallery, with a significant or persistent situated near the Hall of Honour Furthermore, pursuant to the disability that may compromise in the Parliament Building. The National Assembly’s Standing their ability to continue living at paintings or photographs of the Orders 272, 275 and 276, the debate home. The purpose of Bill 7 is to speakers and presidents of the on the budget speech, which support the overall development National Assembly that have held commenced in the Assembly, of children five years of age and this office since 1867 are on dis- continued in the Committee on under living in poverty. play there. Public Finance for a period of 10 At the end of last March, the hours, on April 1-2. The Minister Committee on Labour and the Sylvia Ford of Finance was a member of the Economy heard close to a dozen Secretariat of the National Assembly Committee during its proceedings organizations during public with respect to the mandate, as Standing committees hearings held on Bill 25, An Act provided for in the Standing to amend the Pay Equity Act. The After having elected their chairmen Orders. purpose of this Act, which was and vice-chairmen on January 15, On March 18, the members of adopted in 1996, is to adjust wage the standing committees resumed the Committee on Social Affairs differentials owing to systemic their activities in mid-March after unanimously decided to resume gender-based discrimination. a few months off owing to gen- the order of initiative on the eral elections being called. Several phenomenon of homelessness Three interpellations committees took the opportunity in Québec. It should be noted The resumption of Assembly pro- when the Assembly proceedings that, within the framework of the ceedings also marks the return resumed to hold their first delib- order adopted during the 38th of interpellations which are held erative meeting to provide infor- Legislature, the Committee held on Friday mornings, from 10.00 mation to the new Members. public hearings in the autumn o’clock a.m. to 12.00 o’clock p.m., On March 13, the Committee on of 2008 in the cities of Montréal, during ordinary hours of meeting. Public Finance heard the Minister Trois-Rivières, Gatineau and According to Standing Order 295, of Finance in relation to the re- Québec during which 101 organi- every Member sitting in opposi- sults of the Caisse de dépôt et zations were heard, particularly 6 tion may interpellate a minister placement du Québec for the year ministries and a dozen homeless on a matter of general interest for 2008. This two-hour public hear- or formerly homeless persons. which he is officially responsible. ing was the first component of the It should also be mentioned that Three interpellations were held on order given to the Committee via 144 briefs have been received to March 20 and 27 and on April 6 (by a motion of the Assembly carried date within the framework of this leave of the Assembly to set aside on March 12, 2009. The Committee mandate. In accordance with this the provisions of the Standing

54 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 Orders concerning the schedule) measure announced in the budget modifications to the current rules, on the following subjects: speech which was to raise the tax including incorporation of com- on tobacco by five dollars per car- mittee guidelines into the main ton. body of the rules; a simplification • The Federal Government’s decisions and their effects Significant Legislation of capitalization, grammar, punc- on the financial situation of tuation and language; a re-draft- Québec; Several pieces of significant leg- ing of certain rules to conform islation were considered during • The funding of public-private with the practices of the House; partnerships in the context of the spring sitting of the Second the addition of a comprehensive the global financial crisis; Session of the Sixty-third General table of contents; and an expan- • Dropping out of school in Assembly. Among them: sion of the forms of proceeding. Québec. • Payday Loans Act (Bill No. 69) Beyond changes to the text, is designed to protect bor- rowers who take out small, a number of features have been For further information on the short-term loans, sometimes incorporated into the book itself standing committee proceedings, called payday loans, intend- in order to make it a more user- please visit the Internet site of ed to cover a borrower’s ex- friendly publication. The stag- penses until his or her next gered sections and various the National Assembly of Québec payday. The act will require at the following address: www. lenders and brokers to be li- colours of the former rule book assnat.qc.ca. censed by the province, and were eliminated in favour of de- to provide full disclosure of scriptive headings for each rule Christina Turcot all fees before a loan is grant- which correspond to the table of ed. Other provisions include contents. The rules were grouped Secretariat of committees a two-day cooling off period for the borrower and a pro- according to subject matter and hibition on rolling over loans organized into chapters. As com- into a new pay period. pared with the former rule book of the Legislative Assembly, the new rule book is larger at 6-1/2” x • The Medical Act (Bill No. 73) will make it easier for new 9-1/2”, and is printed on a heavier doctors to set up practice in paper stock for ease of handling. the province and will expe- The Calibri typeface was selected dite the procedure for launch- to improve readability; and the ing a complaint against a point size of the text has been in- physician. The majority of Prince Edward Island the changes from the exist- creased for the same reason. ing act centre on registra- The new rule book was adopt- tion of new doctors and the ed by the Assembly on an interim he Second Session of the Six- disciplinary process. During Tty-third General Assembly debate in Committee of the basis for effect beginning April 7, resumed on April 2, 2009. Wes Whole, the act was amended 2009, to continue until permanent- Sheridan, Provincial Treasurer, to ensure that the power of ly adopted. the Council of the College introduced his budget on April of Physicians and Surgeons Photo Exhibit 16, 2009, which contained expen- to make regulations is sub- ditures of just under $1.48 billion. ject to the approval of the The Legislative Assembly of Health continued to account for Minister of Health and Social Charlottetown is hosting an ex- the largest share of provincial ex- Services. hibition of photographs taken during the Cape Farewell Youth penditure at just over $444 million, New Rule Book followed by Education and Early Expedition 2008 organized by the Childhood Development at $207 The Standing Committee on British Council. Last fall, Prince million, and Social Services and Privileges, Rules and Private Bills Edward Island high school stu- Seniors at $124 million. A deficit completed its study of the rules dent Sean White joined an inter- of $85.3 million is projected; of this of the Legislative Assembly and national group of students who amount, $39.4 million is a pension recommended the adoption of journeyed to the Arctic on a youth adjustment, reflecting the down- a new rule book in its report of expedition that raised awareness turn in the international financial April 7, 2009. The committee had of climate change in Canada and markets. There was only one tax reviewed a number of proposed abroad.

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 55 The Cape Farewell Youth 6, 2009. Once it arrived in the Sen- bills. In the first, he outlined vari- Expedition was an inspirational ate, the bill was considered over ous criteria that must be con- international project that brought the course of five sitting days and sidered to determine if a bill together top scientists, artists, ed- passed on March 12. At the same needs a Royal Recommendation ucators and high school students time, the Senate agreed to a mo- or not: “First, a basic question is from around the world and from tion to authorize four Senate com- whether the bill contains a clause each Canadian province and ter- mittees to examine and report on that directly appropriates money. ritory on an Arctic voyage of dis- specific parts of the bill, notably Second, a provision allowing a covery. those that affected the Navigable novel expenditure not already au- The voyagers sailed from Waters Protection Act, the Competi- thorized in law would typically Reykjavik, Iceland, skirted the tion Act, equitable compensation require a Royal Recommendation. southern tip of Greenland and and employment insurance. A third and similar criteria is that ended in Iqaluit on Baffin Island. On March 3, Mac Harb intro- a bill to broaden the purpose of Students studied climatology, duced Bill S-229 to ban Canada’s an expenditure already author- oceanography, geomorphology commercial seal hunt. The rou- ized will in most cases need a and biogeography. Their art proj- tine motion to place the bill on the Royal Recommendation. Finally, ects included film, photography, Order Paper for a second reading a measure extending benefits or fine arts, performing arts and failed when no seconder was iden- relaxing qualifying conditions to writing. Throughout the voyage, tified. As a result, the bill cannot receive a benefit would usually P.E.I. photographer Robert van be debated. Not deterred, Senator bring the Royal Recommendation Waarden documented the voyage Harb subsequently introduced into play.” and produced a collection of motions and inquiries in order Mira Spivak wished to legally breathtaking images. The exhibi- to open the debate on this issue. establish and protect the boundar- tion was officially launched on He has also presented petitions ies of Gatineau Park. Her Bill S-204 Earth Day, April 22, and will con- from over 12,000 residents across was questioned on the grounds tinue until May 15, 2009. Canada supporting his initiative that it would allow the National to ban the hunt. Capital Commission (NCC), Marian Johnston Speaker’s rulings on the need for which owns most of the land Clerk Assistant and a Royal Recommendation within the park, the right of first Clerk of Committees refusal on any private land sold A number of points of order were within the park. The Speaker’s raised regarding certain Senate ruling pointed out that the NCC public bills. It was argued that already has considerable discre- four bills each needed a Royal tion in the purchase and sale of Recommendation, which is re- lands within the park, and the bill quired for any bill that propos- would not oblige it to purchase es to appropriate public funds. any land. The bill would there- This can only be obtained by a fore not require the NCC to do Minister of the Crown and signi- anything it did not already have fied in the House of Commons. the power to do, and would not Senators are aware of these limi- require a Royal Recommendation. Senate tations and make efforts to ensure that their bills do not appropriate Jerry Grafstein’s Bill S-201, any public funds. However, even to establish a National Portrait arly in this new session of Par- if an expense is not evident in the Gallery, was questioned on the liament, much effort was fo- E wording of a bill, the ramifica- grounds that it would add a new cussed on the state of the Canadian tions of the proposals in a bill can purpose to the Library and Archives economy. The federal budget was sometimes lead to unforeseen ex- Canada Act. The Speaker’s ruling announced the day after the open- penses that would require a Royal stated that since it was not clear ing, and Bill C-10, the budget im- Recommendation. whether the bill would incur plementation bill, which included novel expenditures, as opposed the government’s economic stimu- The Speaker made four con- to reallocating existing funds, the lus package, was introduced in the secutive rulings on February 24, bill was found to be in order. House of Commons on February 2009 addressing each of these Another bill introduced by

56 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 Senator Grafstein, Bill S-203, violated, but rather that it was Senator Harb also raised a would allow the use of munici- “probably due to a lack of dili- question of privilege about re- pal tax-exempt bonds to fund gence in updating information”. marks made while he spoke on the urban projects such as mass tran- The ruling found that a prima facie seal hunt. He felt these remarks sit, subways, waste management case of privilege had not been es- amounted to an inappropriate at- and drinking water systems. This tablished. tempt to silence him. In finding no bill was questioned because the As part of his ruling, the prima facie question of privilege tax exemption was claimed to Speaker reflected on the use of in his ruling, also given on April constitute an appropriation of rule 59(10) to raise this question. 21, the Speaker stated that noth- public funds. However, as a Royal Rule 59(10) states that no notice is ing had actually prevented the Recommendation is not required required for raising a question of Senator from continuing to speak, for any measure reducing taxes, privilege. However, normal pro- and that the issue may have been the bill was ruled in order. cedure requires that a Senator give one of order, not privilege. Finally, Sharon Carstairs’ Bill a letter to the Clerk of the Senate Committees and reports S-207 proposed to extend the at least 3 hours before a sitting of Employment Insurance (EI) ben- the Senate, indicating an intent to Committees were all constitut- efit’s qualifying period for spous- raise a question of privilege. ed shortly after the opening of Parliament and have received es or common-law partners of The Speaker explained that orders of reference and budgets persons sent on foreign postings rule 59(10) was formerly used in and begun their work. Three new from the present 2 years to up to conjunction with another rule that Senators were elected as Chair 5 years. This would allow them had been deleted from the Rules of and Deputy Chairs of certain to use hours of employment ac- the Senate, and that “it is no longer committees. Percy Mockler was cumulated before the posting to evident how a matter raised under elected Chair of the Committee on qualify for EI when they return to rule 59(10) should be pursued.” Agriculture and Forestry, while Canada. As this extension would The Speaker then suggested that Irving Gerstein was elected the have relaxed the conditions to be the Standing Committee on Rules, Deputy Chair of the Committee met in order to receive EI benefits, Procedures and the Rights of on National Finance and Senator and would have led to increased Parliament review the matter and Wallin the Deputy Chair of the government payments, the suggest how it could be reconciled Committee on National Security Speaker ruled the bill out of order. with the other rules pertaining to and Defence. Questions of privilege questions of privilege. The Senate reconstituted the The Speaker’s ruling was imme- The Speaker also ruled on a Special Committee on Aging, diately appealed. Consequently, number of questions of privilege, which has now completed its a motion was moved for the one of which was raised by James study on the implications of an Standing Committee on Rules, Cowan, Leader of the Opposition aging society in Canada and tabled Procedures and the Rights of in the Senate. He protested that its report entitled Canada’s Aging Parliament to study the matter two weeks after the Senate had Population: Seizing the Opportunity raised in the question of privilege. passed the budget implementa- on April 21. Its many recommen- The appeal also left the second- tion bill, a government website dations included the need for the ary matter of the use of rule 59(10) still suggested that the Senate federal government to promote open to debate and use. had not approved it. Senator active and healthy aging, to pro- Cowan claimed that this matter Rule 59(10) has since been used vide adequate services in order impaired all Senators’ ability to two more times. Pamela Wallin to allow senior citizens to live in perform their duties, as the public raised a question of privilege to the place of their own choosing, to would not know if they should object that the Standing Senate provide leadership on proposed believe Senators or the statement Committee on National Security initiatives regarding integrated on this government website. The and Defence had been unable care, caregivers and pharmacare, Speaker’s ruling, delivered on to establish a subcommittee on as well as a need for a federal March 31, found that it did not veterans’ affairs. In his ruling on transfer of funds to the provinces appear that a contempt had been April 21, the Speaker noted that a with the highest proportion of the intended towards the Senate disagreement on how to deal with aging population. the issue in committee did not vio- nor that its privileges had been The Standing Committee late privilege.

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 57 on Social Affairs, Science and years. Both Senators were ap- Implementation Act to a estab- Technology also released a report pointed to the Senate in 2001. lish a $2 billion investment entitled Early Childhood Education in carbon capture and stor- The Senate also paid tribute age; and Care: Next Steps on April 28. to former Senators Gérald A. The report recommended that the • the implementation of a Beaudoin and Raymond Joseph land-use framework through Prime Minister appoint a Minister Perrault, who both passed away legislation to balance com- of State for Children and Youth in 2008. peting uses of land; to advance quality early learning, It was announced that the • the development of a long- parenting programs and child term vision for Kindergarten care, with the advice of a National Usher of the Black Rod, Kevin to Grade 12 education Advisory Council on Children, MacLeod, had been appointed as through consultation with and that a pan-Canadian frame- the new Canadian Secretary to Albertans; work be established to support the Queen. In addition to his pres- • the integration of ambulance children and their families, as well ent duties, Mr. MacLeod will be and emergency medical ser- vices with other parts of the as a federal/provincial/territorial responsible for coordinating Her Majesty’s visits to Canada later provincial health system; Council of Ministers responsible and for early learning, child care and this year or next, as well as those of other members of the Royal • the introduction of legisla- parental supports. tion to combat organized Family. The Senate adopted a motion criminal activity. proposed by Serge Joyal to hear Katie Castleton On opening day Premier from Aboriginal leaders on “prog- Procedural Clerk Ed Stelmach introduced Bill 1, ress made on commitments en- Employment Standards (Reservist dorsed by parliamentarians of Leave) Amendment Act, 2009. The both Chambers during the year Bill provides Canadian Forces re- following the Government’s apol- servists in Alberta with unpaid, ogy to former students of Indian job-protected leave when away Residential Schools” on June 11, from their civilian jobs while serv- 2009 in a Committee of the Whole. ing the country. The Bill, which received Royal Assent on April 20, Milestones 2009, also entitles reservists to 20 The year 2009 brings with it many days each calendar year for train- retirements from the Senate. Alberta ing. Starting this year’s retirements is Government Bills Michel Biron, who represented he Spring sitting of the 2nd Mille Isles in Quebec. Senator Some Bills before the Assembly Session of the 27th Legislature Biron retired on March 16. He T include: Bill 18, Trade, Investment commenced on February 10, 2009, was an important promoter of and Labour Mobility Agreement with the Speech from the Throne economic development in the re- Implementation Statutes Amendment delivered by Lieutenant Governor gions, especially in Quebec. His Act, 2009, is an omnibus Bill that Norman L. Kwong. The Speech, experience as a long-time busi- amends 11 Acts to ensure that entitled “Facing the Future with nessman and entrepreneur con- all affected Alberta statutes are Confidence,” outlined the Govern- tributed to the work of the Senate consistent with the terms of the ment’s plans to meet current chal- Committee on Banking, Trade and TILMA, a bilateral interprovincial lenges and to create opportunities Commerce and that of the Senate trade, investment, and labour mo- for the future. Other highlights in- Committee on National Finance. bility agreement between Alberta cluded: Gerard Phalen from Glace Bay in • the release and implementa- and British Columbia, which took Cape Breton, Nova Scotia, retired tion of a comprehensive plan effect April 1, 2009. on March 28. Senator Phalen was to manage the economic, During Committee of the Whole environmental, social, and an industrial mechanical instruc- consideration the Government tor for almost 25 years in Nova infrastructure impacts and opportunities of oil sands moved a package of four addition- Scotia before being appointed to development; al administrative amendments the Senate. He was also a distin- • the introduction of the which were agreed to and the op- guished union leader for many Carbon Capture and Storage position moved two amendments

58 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 which were defeated. The opposi- or providing drugs, services, and Act, 2008, was reinstated and re- tion criticized the TILMA stating approved drugs. The Bill received ferred to the Assembly’s Standing there was not adequate debate First Reading April 29, 2009. Committee on Health. This is the during development of the agree- Bill 36, Alberta Land Stewardship first time the Assembly has rein- ment and citing constitutional Act, would implement a lan- stated a Bill from a previous ses- issues with an amendment to the duse framework developed by sion since a provision to allow Government Organization Act Government with input from this procedure was added to the that would allow legislative au- Albertans, municipalities, and Standing Orders in 2001. thority to be delegated from the both the business and environ- Private Members’ Public Bills Assembly to Cabinet. mental communities. The frame- Bill 19, Land Assembly Project work introduces a new approach Bill 201, Traffic Safety (Vehicles with Area Act, outlines the process by to landuse planning, one that Unlawfully Possessed Firearms) which the Government will des- will attempt to meet the environ- Amendment Act, 2009, introduced ignate and assemble large tracts mental, as well as the economic by Kent Hehr (Lib, Calgary- of land for major infrastructure and social objectives of Alberta. Buffalo), proposed amendments projects such as transportation The Act implements the frame- to the Traffic Safety Act by making utility corridors. The legislative work by creating seven planning it an offence to drive a motor vehi- framework attempts to make the regions in Alberta. It authorizes cle on a highway in which there is process more transparent and the creation of regional plans and an unlawfully possessed firearm. accountable when dealing with requires compliance with those Where an offence was deemed to numerous landowners for larges- plans. It creates new conservation have been committed, police offi- cale land acquisitions over a long and stewardship tools aimed at cers would have been able to re- term. The opposition questioned protecting Alberta’s natural heri- quest the surrender of the driver’s the need for this legislation be- tage on public and private lands. licence and detain the vehicle. cause of existing land expropria- The Bill is currently in Second The individual’s driver’s license tion legislation and urged the Reading. would then be suspended for a Assembly, unsuccessfully during 24-hour period and the vehicle Bill 44, Human Rights, impounded for the same length Second Reading, to refer the Bill to Citizenship and Multi culturalism a Standing Committee in order to of time. The Bill was defeated at Amendment Act, 2009, amends the Second Reading. further research and gather public Act by updating several admin- input on the Bill. The Government istrative aspects of the legislation Bill 203, Local Authorities introduced amendments during which had not been updated in Election (Finance and Contribution Committee of the Whole consider- 13 years. The amendments clar- Disclosure) Amendment Act, 2009, ation to further clarify certain as- ify the role of the Human Rights sponsored by Jeff Johnson (PC, pects of the legislation in response Commission in order to reduce the Athabasca-Redwater), would to concerns raised by the public amount of time spent reviewing amend the Act by setting and regarding the Bill. The opposition and processing complaints and defining provincewide stan- introduced a subamendment to to better align it with current and dards for financial contributions the Government amendments and future realities. The amendments to candidates in municipal elec- five additional amendments, all of also codify “sexual orientation” as tions and disclosure requirements which were defeated. The Leader a protected ground of discrimina- of campaign financial records. of the Official Opposition moved tion. One section of the Bill con- The amendments to the Local a hoist amendment to the motion firms parents’ rights to remove Authorities Election Act would set for Third reading which was de- their children from subjects being guidelines at the municipal level feated on division. The Bill was taught in schools related to reli- to mirror legislation that guides passed on April 29, 2009. gion and human sexuality. This provincial and federal election Bill 34, Drug Program Act, pro- section of the amendments is ex- campaign finances. At the time of vides the legislative framework pected to be controversial and will writing the Bill was being consid- to guide future government phar- likely garner heated debate in the ered by Committee of the Whole. maceutical policies. It establishes Assembly. The Bill is currently in Budget 2009 a drug program under the admin- Second Reading. On April 7, Iris Evans, Minister of istration of the Minister for the On March 17, 2009, Bill 52, Finance and Enterprise, presented purpose of providing funding for, Health Information Amendment

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 59 Budget 2009 and the estimates for to the Assembly’s Policy Field legislation. the 2009-10 fiscal year. Revenue Committees according to their re- The basis of the question of priv- for the 2009-10 fiscal year is esti- spective mandates. The Assembly ilege was related to provisions in mated to decline to $31.7 billion, has five Policy Field Committees Bill 18, Trade, Investment and Labour a decrease of $4 billion or 11 per (Standing Committees) in the Mobility Agreement Implementation cent from 2008-09. The Minister subject areas of Community Statutes Amendment Act, 2009, a projected total expenditures of Services, the Economy, Health, Bill that was, at the time, being $36.4 billion in 2009-10. The Public Safety and Services, and considered by Committee of Government announced that, if Resources and Environment. The Whole. Section 5 of the Bill would required, it would take $2 billion time for consideration of the main allow the Government to amend in fiscal corrective actions by 2010 estimates also increased from legislation that is passed by the to meet targets for 2010-11 and 60 to 72 hours. The Policy Field Legislature without returning to 2011-12. A new fiscal framework Committees met in the evenings the Assembly. will allow for transfers from the for consideration of the main es- Sustainability Fund over those timates during the 2009 Spring sit- This type of provision is often three years to offset the deficits. ting from 6:30 p.m. to 9:30 p.m. referred to as a “Henry VIII” clause (a provision in a Bill which Operating expenses will be The vote on the main estimates enables primary legislation to be increased by 3.7 per cent or $1.1 and amendments tabled during amended or repealed by subordi- billion. Of this increase 75 per Policy Field Committee consider- nate legislation, with or without cent will be allocated to health, ation is scheduled to take place on further Parliamentary scrutiny) education, advanced education May 7, 2009, during Committee of and is the subject of much discus- and to programs for children, Supply. On that date, the Chairs of sion both in Canada and across the seniors, and the disabled. The the five Policy Field Committees Commonwealth. However, there Budget increases the base budget will present reports to the is no precedent in references by for the Department of Health and Committee of Supply indicating Canada or the UK that use of this Wellness by 4.6 per cent or $558 the department’s estimates and type of clause in legislation leads million. Funding for Advanced amendments that their respec- to a prima facie breach of privilege. Education and Technology, which tive committees considered. The Additionally, it is the role of the oversees postsecondary education vote on amendments, Legislative court, not the Speaker, to rule on programs, will receive an increase Assembly Office estimates, and the legality or constitutionality of of 3.4 per cent while program sup- the main estimates will then take Bills. port for Education will increase by place. Speaker Ken Kowalski found 3.2 per cent or $165 million. Seniors The change to the supply pro- and Community Supports fund- no prima facie case of privilege. cess marked the first time that He noted that he did not want ing is increasing by 8.7 per cent to Standing Committees consid- provide support for the Persons to be seen as endorsing the use ered estimates with the excep- of these types of clauses because with Developmental Disabilities tion of the estimates for Executive program and an increase in bene- they detract from the role of the Council which were considered Assembly; however, the question fits for AISH (Assured Income for by Committee of Supply. the Severely Handicapped) and as to whether a Henry VIII clause Alberta Seniors Benefit recipients. Privilege ought to be used is different from Other elements of Budget 2009 in- the question as to whether it may At the time of writing, two ques- be used. The ability of Parliament clude an increase in tobacco taxes tions of privilege have been raised and a liquor markup. or a Legislature to delegate au- in the Assembly. thority to amend statutory provi- During the Fall sitting of the On March 19, Rachel Notley sions was set out as long ago as 1st Session of the 27th Legislature, (ND, Edmonton-Strathcona) 1917 in a decision by the British the Assembly approved sig- raised a purported question of House of Lords. nificant amendments to its privilege alleging that the rights of Standing Orders which took effect On April 27, Brian Mason (ND, the Assembly had been breached Edmonton-Highlands-Norwood) December 4, 2008. The amend- by the Government attempting to ments included a modification to raised a purported question of prevent Members of the Assembly privilege. He argued that his abil- the supply process whereby the from fulfilling their responsibility main estimates would be referred ity to perform his duties as an op- to review legislation or proposed position MLA was interfered with

60 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 when he was denied access to a Other Matters press conference scheduled by A Select Special Chief Electoral the Government. The press con- Officer Search Committee was ference was held at Government struck on April 9, 2009. House, which is located a few kilometres from the Legislature, On March 9, 2009, Speaker and is commonly used by the Kowalski hosted a ceremony in the Government for various purpos- Legislature Building Rotunda rec- es, including caucus meetings and ognizing Alberta’s Francophone ceremonial events. community. Les Rendezvous de la Francophonie is a celebration of The Member argued that part the province’s French culture and Manitoba of his responsibility as an MLA history. Joining Speaker Kowalski is to be informed and able to re- during the recognition ceremony rd th spond to media inquiries regard- he 3 session of the 39 were Hector Goudreau, Minister ing Government policy and being Legislature began with of Employment and Immigration; T denied access to the press confer- the presentation of the NDP Harry Chase, MLA, representing th ence interfered with his duty to government’s 12 Speech from the the Official Opposition; Rachel become informed about the policy Throne by Lieutenant-Governor Notley, MLA, representing the being discussed at the conference. John Harvard on November 20, Third Party Opposition; and Jean 2008. In his ruling Speaker Kowalski Johnson, President, Association The address outlined the prov- referred to a prior ruling he made canadienne-française de l’Alberta. ince’s response to the growing on March 7, 2000, regarding a Mr. Speaker’s MLA for a Day global financial crisis, conveying similar issue, where an opposition was held on April 21 and 22, 2009. a range of government commit- Member was denied access to a Sixty-four students from across ments and proposals, including: media briefing held in the media Alberta participated in the pro- room of the Legislature Building. • Committing to a four-year, gram which is designed to give $4.7-billion infrastructure The Speaker ruled there was not a Alberta high school students the plan to fund needed capital prima facie case of privilege in that chance to find out what it really projects in health, education, instance because the media room transportation, water and means to be an MLA. Through where the briefing was held is waste-water treatment, and conversations with MLAs and not part of the parliamentary pre- housing; participation in the two-day pro- cincts and therefore the Speaker • Bolstering security for gram, students were able see how has no control or say in who is or citizens and communities MLAs act as lawmakers and com- through more funding for is not allowed in the room. munity representatives. The pro- police officers, hiring more Speaker Kowalski found no gram is sponsored by the Royal Crown prosecutors, and prima facie case of privilege. In his introducing a new police Canadian Legion, Alberta NWT act; ruling, he indicated that: Command, which also assists • Introducing new child-care allowing or not allowing a with the program. programs in schools, new member to attend a media brief- Speaker Peter Milliken, of recruitment and retention ing does not constitute an im- the House of Commons, visited initiatives for child-care pediment or obstruction to the workers, while doubling member performing his or her Alberta from March 15 to 17, investments in specialized parliamentary duties, which 2009. On March 16, he joined the medical equipment; presumably is the category procession and was seated on the • Launching a new Sustainable of privilege that the leader of floor of the Assembly at the Table Agricultural Program as part the third party relies on. If the where he observed Oral Question of the province’s Kyoto and facts had been different and the Beyond plan; and question of privilege involved Period and the Daily Routine. the denial of access to this • Bolstering recycling pro- Chamber or a proceeding in this Micheline Gravel grams by setting aggressive parliament and on the precincts Clerk of Journals/Table Research targets for the reuse of plas- of the Legislative Assembly of tic bags and banning the dis- Alberta, this ruling may have tribution of bags that do not been very different. conform to composting or recycling standards.

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 61 In his non-confidence amend- 18, nays 32; and the defeat of at the University College ment to the Address in Reply Mr. McFadyen’s amendment on of the North, Red River motion, Official Opposition December 1 by a vote of yeas 20, College, Brandon University, Assiniboine Community Leader Hugh McFadyen (PC – nays 32, on December 2 the main College, University of Fort Whyte) identified a number motion carried on a vote of yeas Winnipeg and University of of shortcomings in the govern- 30, nays 19. Manitoba; ment’s plan, including: On December 3, 2008 the • Building and improving • Failing to recognize that a Leader of the Official Opposition highways with a total of $535 million for Manitoba strong economy is a prereq- moved an opposition day motion uisite for a united province roads; urging the provincial govern- that offers safe communi- • Providing funding to imple- ties, effective health care, ment “to consider acknowledg- ment legislation to protect first class education systems, ing that, under its stewardship, foreign workers; leading-edge environmental Manitoba has failed to fulfil its • Providing a 5.25 per cent protection, healthy families potential over the last nine years;” increase or $53 million for and communities and the public schools; safety-net programs that and urging the provincial govern- protect our seniors, the poor ment “to consider releasing an • Providing funding to contin- and the vulnerable; economic plan for the Province ue to recruit and retain phy- sicians, especially in rural • Failing to apply the record that reassures Manitobans that and northern Manitoba; revenue increases over the they have a plan to deal with the past nine years to more ag- immediate economic crisis as well • Increasing wages for child- gressively pay down debt, as a long-term economic vision care centre staff by three per so that Manitoba’s total debt cent effective July 1; has gone up when it should for the Province that will make us competitive with our western • Reducing the interest rates have gone down; and on Power Smart loans of- • Failing to accept responsibil- neighbours.” Members debated fered by Manitoba Hydro ity for systemic failures and the motion for the majority of the to five per cent from 6.5 per broken promises in health afternoon, before it was defeated cent; and care, Child and Family on a vote of yeas 19, nays 31. • Introducing a Waste Services, public safety and MLAs, Assembly staff, and the Reduction and Recycling the economy. Support Levy to provide Manitoba public were shocked and In his sub-amendment to Mr. funding to municipalities saddened to learn of the untimely McFadyen’s amendment Jon based on the amount of death of Oscar Lathlin (NDP – waste that is recycled. Gerrard (Independent Liberal The Pas) in early November 2008. – River Heights) identified a During his contribution to On the second day of session on number of additional faults with the budget debate on March 26, November 21, 2008 the House the government’s performance, 2009 Official Opposition Leader met a half hour before the sitting including that: McFadyen moved a motion ex- day began to honour his memory pressing non-confidence in the • The speech does not provide with brief speeches from the party a coherent plan to address government, which stated that the the plethora of health-care leaders, followed by a profound budget failed “to address the pri- problems, such as the dia- and dignified ceremony in the orities of Manitobans by”: betes epidemic sweeping Rotunda. • Increasing the province’s the province, overburdened debt to an all-time high of health-care profession- The House returned from $21.1 billion; als and lengthy wait times; the winter break on March 25, and 2009 with Finance Minister Greg • Attempting to introduce a new, misleading accounting • The speech failed to recog- Selinger (NDP – St. Boniface) de- practice with a proposal to nize the importance of Lake livering the NDP government’s reduce by over 80 percent Winnipeg to all Manitobans tenth budget. The 2009-2010 total the minimum payment on by not providing a strat- operating expenditure of $10.2 Manitoba’s credit card debt, egy that will keep Lake taking that repayment to Winnipeg environmentally billion represents an increase of $17.54 per person this year and economically viable for 4.4% from 2008-2009. Highlights on a bill of $18,380; and generations to come. of the government’s “steady and balanced” budget included: • Failing to announce a plan to Following the defeat on tackle corruption, waste and November 27 of Mr. Gerrard’s • Investing in post-second- mismanagement within gov- sub-amendment on a vote of yeas ary capital improvements ernment by:

62 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 ŒŒ endorsing the Winnipeg Opaskwayak Cree Nation Chief to a community revitaliza- Regional Health Author- Frank Whitehead (NDP – The tion levy that is imposed at ity “brown envelope” ten- Pas) now serves the constituency the same rate as, but in lieu dering scheme; of, taxation for school pur- formerly held by Mr. Lathlin. ŒŒ failing to repeal the “vote poses. Money raised by the tax,” leaving the New The Manitoba Legislature is community revitalization Democratic Party in line currently considering a wide levy is to be paid into a new Community Revitalization to pocket $1 million over range of legislation, including: four years at the expense Fund. This fund is to be of Manitoba taxpayers; • Bill 2 – The Animal Care used to make grants to help and Amendment Act, which pro- revitalize communities and poses a number of amend- neighbourhoods, to encour- ŒŒ failing to cancel the reck- ments, including: age economic, social and less and environmentally cultural development, and ŒŒ Veterinarians are required harmful west-side Bipole to preserve heritage proper- to report suspected cases III project and instead ties. proceed with the east-side of animal neglect or abuse hydro line. to the director. • Bill 14 – The Consumer Protection Amendment Act ŒŒ Animal protection officers (Payday Loans), which On April 7, Mr. Gerrard are given specific author- amends provisions of The moved a sub-amendment to Mr. ity to deal with abandoned Consumer Protection Act relat- McFadyen’s amendment. Dr. animals, and stronger in- ing to payday loans, includ- spection and search and Gerrard identified a number of ing some provisions that seizure powers. other shortcomings in the govern- were enacted in 2006 and ment’s financial plan, including: ŒŒ A new appeal process is are not yet in force. Under established with an inde- • Failing to put patients first this Bill, the Public Utilities pendent appeal body to by continuing to base RHA Board order is rescinded, hear appeals about licens- spending on global budgets, and the Lieutenant Governor ing decisions, animal sei- rather than services deliv- in Council is empowered to zures and orders made by ered; make regulations governing the director. the maximum cost of credit • Neglecting the need to ad- • Bill 3 – The Forest Amendment for payday loans. The Bill dress the diabetes epidemic Act, which makes a number prohibits a payday lender facing Manitoba; of changes to The Forest Act, from making a loan for more • Failing to address climate including: than a specified percentage change by running a carbon- of a borrower’s net pay. It ŒŒ Banning logging in pro- neutral government; also prohibits lenders from vincial parks, with one discounting loans and re- • Failing to support the agri- exception. Consequential stricts “tied selling”. The Bill cultural sector by refusing amendments are made to would also strengthen the to fund eco-friendly farming The Provincial Parks Act government’s ability to reg- practices; and to reflect this ban. ulate the activities of payday • Refusing to acknowledge the ŒŒ Officers are given the right lenders and to enforce damage the payroll tax has to inspect vehicles trans- payday loan provisions of on economic growth. porting timber and land the Act and the regulations. that is the subject of a It also enables the regulation On April 16 Dr. Gerrard’s sub- timber cutting right. of Internet payday loans. amendment and Mr. McFadyen’s ŒŒ New offences are created • Bill 16 – The Police Services amendment were each defeated on dealing with the posses- Act, which replaces The recorded votes of yeas 20, nays 35, sion of illegally harvested Provincial Police Act and gov- while the main budget motion carried timber and the unauthor- erns policing in Manitoba. on a recorded vote of yeas 35, nays 20. ized harvesting of timber Significant features of the by the holder of a timber Bill include: On April 6, 2009 two new cutting right. ŒŒ Establishing the Manitoba members were introduced to the • Bill 4 - The Community Police Commission, which House as a result of recent by- Revitalization Tax Increment will conduct studies and elections. Former MP and House Financing Act, which states provide advice to the min- of Commons Deputy Speaker that regulations may be ister on law enforcement Bill Blaikie (NDP – Elmwood) made designating properties and policing issues. as community revitalization ŒŒ Every municipal police filled the vacancy created when properties. While a property Jim Maloway resigned his seat to service in Manitoba must is so designated, increases in operate under the gen- run for Parliament, while former its assessed value are subject eral direction of a police

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 63 board, whose members require the government to Liquor Control Commission. will be appointed by the maintain a positive balance municipal council and in each fiscal year. In cooperation with the office of the Auditor General, the Manitoba Cabinet. • Bill 222 – The Justice for ŒŒ An independent investi- Victims of Child Pornography Public Accounts Committee (PAC) gation unit is established, Act, which allows an appli- continues to review and reform to be headed by a civilian cation to be made to court for its procedures and practices. The director. The unit must an award of damages from a PAC scheduled seven meetings conduct an investigation person convicted of a child from March through June 2009 to if a police officer has been pornography offence on involved in an incident behalf of his or her unidenti- consider reports from the Auditor where a person has died or fied child victims. The dam- General covering a variety of suffered a serious injury, ages recovered will be used topics including: or if there is evidence that to benefit victims of child a police officer has en- pornography and to assist gaged in specified unlaw- programs working against • An Audit of the Public ful conduct. child pornography. Accounts ŒŒ The Bill provides legisla- • Bill 228 – The Grandparents’ • Monitoring Compliance with tive recognition of police Day Act, which proclaims the The Ambulance Services services that will provide first Sunday in September Act policing in designated after Labour Day in each year • Audit of the Pharmacare First Nation communi- as “Grandparents’ Day”. Program Manitoba Health ties. On December 4, 2008 the • Audit of the Department of • Bill 30 – The Budget Special Committee on Senate Conservation’s Management Implementation And Tax of the Environmental Statutes Amendment Act, 2009 Reform held its first meeting. Livestock Audit of the which implements measures The Committee, chaired by Erna Province’s Management in the 2009 Manitoba Budget, Braun (NDP – Rossmere), estab- of Contaminated Sites and and makes various other lished an itinerary as well as rules Landfills amendments to tax and fi- and practices for consultations nancial legislation including • Voluntary Sector Grant suspending, for the 2009-10 with Manitobans on the question Accountability: Perspectives fiscal year and the next two of Senate elections. From January and Practices – Enhancing fiscal years, annual transfers through May 2009 a subcommittee Board Governance in Not- to the debt retirement ac- on Senate Elections heard 51 pre- For-Profit Organizations Report count required by Part 3 of sentations and received 31 written The Balanced Budget, Fiscal submissions on this topic in meet- • An Examination of RHA Management and Taxpayer Governance in Manitoba Accountability Act. In these ings held in eight rural Manitoba years, the Minister of Finance communities and at a meeting at Rick Yarish may make such transfers to the Legislature in Winnipeg. The Clerk Assistant that account as he consid- Committee is expected to draft a ers feasible. Beginning with Clerk of Committees the 2012-13 fiscal year, the report this spring which will be government will be required presented to the House for con- to resume annual transfers sideration. to that account equal to $110,495,180 plus 7% of all Standing Committees of the debt repayments made from Manitoba Legislature have been the debt retirement account occupied with a range of business after 2011. in recent months. The Standing • Bill 200 – The Highway Traffic Committees on Justice and Social Amendment Act (Booster & Economic Development met in Seats), which ensures that a April to hear public presentations British Columbia child who is under 8 years of age is to be properly secured on government bills and consid- in a booster seat while riding er legislation. Additionally, the he fourth session of the 38th in a vehicle. Standing Committee on Crown TParliament was prorogued on • Bill 218 – The Balanced Corporations met on a number February 16, 2009, one week later Budget, Fiscal Management of occasions to consider reports than originally scheduled in the And Taxpayer Accountability from the Manitoba Lotteries parliamentary calendar. This ex- Amendment Act, which Corporation and the Manitoba tension enabled the government to makes amendments to

64 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 amend the balanced-budget legis- debate will not occur until after period. lation to permit temporary deficits the election period officially ends The 38th Parliament was dis- in fiscal 2010 and 2011, due to the on June 3. solved on April 14, 2009, paving impact of the global economic cri- Five amending bills were also the way for the official launch of sis on provincial revenues. passed prior to adjournment of the provincial election campaign. Throne Speech and Budget the House on March 31, 2009: At dissolution, the standings in The fifth session opened on the • Bill 7, Police (Police the House were B.C. Liberal Party afternoon of Monday, February Complaint Commissioner) 42, B.C. NDP 34 and 3 vacancies. Amendment Act, 2009 chang- 16, 2009. The Speech from the es provisions relating to the May 2009 General Election Throne was described by the Commissioner’s term of ap- news media as “a muted affair, pointment The 39th provincial general elec- tion was held on May 12, with particularly for an election year.” • Bill 8, Workers Compensation The 40-page speech focused on Amendment Act, 2009 adds contests in 85 electoral districts, how British Columbia’s economic lung cancer as a recognized up from 79 in 2005 as a result of strengths could create jobs and occupational disease for B.C. electoral boundary redistribu- firefighters support families during the tion. Described as an uneventful recession. New policy initiatives • Bill 10, Public Safety and campaign by the news media, the Solicitor General Statutes included the development of a leaders of the B.C. Liberal Party, Amendment Act, 2009 amends the B.C. NDP and the B.C. Green statutory framework to change the Motor Vehicle Act and the province’s legal relationship Insurance Vehicle Act to tackle Party took part in a radio debate with First Nations. identity theft (April 23) and a televised debate (May 2). On February 17, Finance • Bill 11, Pension Benefits Standards Amendment Act, Minister Colin Hansen tabled a Unofficial returns indicate the 2009 adds the multi-employ- Liberals have been returned to budget forecasting the deficit to be er plan $495 million for 2009/10 and $245 power with 49 seats, and Premier • Bill 13, Forest Amendment Act, Gordon Campbell re-elected for a million for 2010/11, with a return 2009 clarifies community to a balanced budget by 2011/12. and woodlot tenures third consecutive term. The NDP He explained that Budget 2009 led by Carole James won 36 seats. The government decided to ad- The turnout of eligible voters de- builds on B.C.’s economic plan to journ the fifth session on March alleviate the effects of the econom- clined to 48 percent, from 58 per- 31, 2009, more than a week earlier cent in 2005. ic slowdown by investing almost than planned in the parliamen- $14 billion in infrastructure proj- tary calendar. With adjournment, Two recounts are anticipated: ects and reallocating $1.9 billion three government bills died on one in Delta South where Attorney to strengthen health, education the order paper: one implement- General Wally Oppal leads by just and social services. Finance Critic ing the reforms in the province’s one vote over an Independent, Bruce Ralston, however, contend- police complaint process, rec- Vicki Huntington; the other in ed that the plan was “making life ommended in the 2007 report of Cariboo-Chilcotin, where NDP harder for B.C. families.” Judge Josiah Wood; another seek- incumbent Charlie Wyse has a 23-vote lead over the Liberal chal- Legislation ing to promote full labour mobil- ity across Canada; and an amend- lenger, Donna Barnett. Early in the fifth session, two ing bill relating to the dispute Referendum on Electoral Reform financial bills received royal resolution processes available assent: the Supply Act, 2008-2009 to strata corporations and strata On May 12, voters were also (Supplementary Estimates) and the owners. asked the following referendum Ministerial Accountability Bases Act, question: “Which electoral system The government claimed that 2008-2009. For the current fiscal should British Columbians use to there was insufficient time for year, the House approved the elect members to the provincial proper discussion of these bills Budget Measures Implementation Legislative Assembly?” Two op- before the election campaign of- Act, 2009 and the Supply Act (No. tions were presented on the ballot: ficially got underway on April 1), 2009. The latter provides gov- “the existing electoral system 14. The opposition countered that ernment with five months of re- (First-Past-the-Post), or the single government had ended the spring quired expenditure, from April transferable vote electoral system sitting early to avoid question through August, since Estimates (BC-STV) proposed by the

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 65 Citizens’ Assembly on Electoral ings to be held this summer. but would object to the passage Reform.” Provincial Budget of the driver’s licence portions The preliminary results show based on the Commissioner’s The 2009-2010 budget highlights apprehensions, the government that 61 percent of voters province- include a complete revision of the wide prefer the existing system. opted to divide the bill. The new province’s property tax system, bill regarding volunteer firefight- The remaining 39 percent were in funds for a children’s hospital, support of BC-STV, with a major- ers passed without controversy, and increased grants to munici- while the government reviewed ity in seven electoral districts also palities. In the face of great eco- in favour. Therefore this option the enhanced driver’s licence leg- nomic uncertainty, the govern- islation. In the end, the decision failed to meet the thresholds of at ment was pleased to present one least 60 percent of the valid votes was made to scrap the plan for the of the only balanced budgets in new form of identification. province-wide and more than 50 the country. percent support in at least 51 of Another noteworthy piece of the 85 electoral districts. In 2005, The opposition’s main criti- legislation was Bill No. 605 – The 58 percent voted yes for BC-STV, cisms of the budget centred on Traffic Safety (Maintenance Workers with majority support in 77 of 79 poor fiscal management and in- – Gallenger) Amendment Act. This ridings. creasing the provincial debt. The was a Private Members’ Public NDP also objected to what they Bill that was designed to improve Other Matters saw as a failure of the government the safety of highway mainte- On February 10, 2009, the to address issues such as rising nance workers. Introduced by an House ratified the order-in- utility rates, and a lack of afford- opposition member on April 20, council appointment of Gary able housing and child care. the bill passed through all stages Lenz as Sergeant-at-Arms of the Introduced on March 18, the just ten days later. In an unusual Legislative Assembly in accor- budget motion was debated until display of bipartisan cooperation, dance with section 39(2) of the its adoption on March 26. The the government supported the op- Constitution Act. Mr. Lenz served standing committees reviewed the position’s bill and agreed to let it previously as Deputy Sergeant-at- ministerial estimates and reported move through second and third Arms (Security). them to the Assembly before the readings on the same day. end of the spring sitting. As the spring session drew to a Josie Schofield Legislation Review close, with most of the legislative Manager agenda already completed, anoth- Committee Research Services One of the more interesting recent er bill that moved quickly through occurrences involved the split- the Assembly was Bill No. 94 – The ting of a bill before the House. Profits of Criminal Notoriety Act. Originally conceived as a single This legislation will prohibit con- piece of legislation, Bill No. 72 victed criminals from collecting – The Traffic Safety Amendment any money for the recounting of Act, 2008, contained two areas their crimes. In response to public of focus: to increase the driving debate on the issue and with the privileges of volunteer firefighters encouragement of the opposi- Saskatchewan when en route to a fire scene, and tion, the Minister of Justice intro- to introduce “enhanced” driver’s duced the bill just before the end he Saskatchewan Legisla- licences. of the legislative session. It moved Ttive Assembly commenced its In early March, the Information through all stages, including com- spring sitting on March 2, 2009, and Privacy Commissioner tabled mittee, in just 4 sitting days. and was completed on May 14, a report raising concerns about A Private Members’ bill also 2009. At the outset, the provincial the privacy implications of the received a fair bit of scrutiny this budget was introduced and adopt- enhanced driver’s licences, which session. Bill No. 903 – The Ancient ed, and the estimates were scruti- would contain radio frequency Order of Melchizedeq, Inc. Act was nized over the course of the ses- identification technology. When it brought forward by a religious sion. The committees also worked became clear that the opposition college in Prince Albert, seeking on the passage of legislation, and supported the provisions of the bill the authority to grant degrees. are now preparing for public hear- relating to volunteer firefighters, The legislation encountered some

66 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 difficulties relating to the pro- could voluntarily appear before In response, the government cess by which bills of this type the Court of Queen’s Bench in re- compromised by suggesting a are evaluated by the Private Bills lation to her previous capacity as public hearing process led by Committee. Ultimately, the com- a peace officer. one of the Assembly’s policy field mittee chose to not recommend committees. The Assembly passed the bill to the Assembly. The Committee Meetings a motion to that effect, and the members are awaiting the results Over the course of the spring sit- Standing Committee on Crown of a broad review of the post-sec- ting, the committees were busy and Central Agencies has been ondary education system, further reviewing budgetary estimates ordered to hold “an inquiry to consultations with the universi- and bills. Now that the session determine how the province can ties, and a review of the commit- has concluded, two of the policy best meet the growing demand tee’s processes regarding bills field committees are planning for for electricity in a manner that is of this kind. The hope is that no public hearings. safe, reliable, environmentally- other petitions for private bills In June, the Standing Committee sustainable and affordable for will come up against such prob- on Human Services will conduct Saskatchewan residents.” This lems in the future. approximately three days of hear- process is expected to take place in the fall. Precedents ings on the proposed Bill No. 80 – The Construction Industry Labour Parliamentary Visits For the first time in the Relations Amendment Act, 2009. Saskatchewan Legislative As- The bill would permit unions to The Legislative Assembly of sembly, a vote was required on a represent all workers on a single Saskatchewan was pleased re- Private Members’ Motion. In the project. The current legislation cently to welcome two fellow past, Private Members’ items had only allows for construction in- parliamentarians. In mid-March, been allowed to be adjourned in- dustry workers to be unionized by Speaker Peter Milliken, of the definitely, which left most busi- trade or skill groups. Submissions House of Commons, visited ness lingering on the Order Paper from industry stakeholders and to learn about Saskatchewan’s until prorogation or dissolution. interested citizens are expected Legislative Chamber technol- Saskatchewan’s Rule 26(4), which to be heard over two days, with ogy and innovative Rules. was adopted in April 2003, now a third day being reserved for Also, Olaosebikan Olajuwon obliges a vote on any Private the Minister to answer questions Ebenezer, a legislative officer Members’ business that has been from the committee and offer his from Lagos State, Nigeria, spent adjourned three times. After the proposals. several days talking with MLAs third adjournment, the business and many of the Assembly’s staff. item receives the notation “To Be In October 2008, the govern- He served as a Table Officer for Voted.” The next time the item is ment appointed a panel to inves- a day of House proceedings and debated, the Speaker calls every tigate Saskatchewan’s options for gave a presentation on the politi- question necessary to dispose expanding its role in the nuclear cal history and legislative process- of the matter. On April 2, a vote cycle. The Uranium Development es of Nigeria. was called on a Private Members’ Partnership (UDP) report was Motion to support the consider- released on March 31, 2009, and Member’s Retirement ation of further development of includes many recommendations Marking the end of an era, May for the province. A series of con- Saskatchewan’s uranium indus- 14 was Lorne Calvert’s final day try, which passed unanimously. sultations by the UDP panel are in the House as a Member of planned to allow stakeholders the Saskatchewan Legislative Saskatchewan also set a new and the public to have input. precedent recently with a motion Assembly. Mr. Calvert, leader of for a Member’s leave of absence. The opposition argued that the the NDP opposition, served as a The Assembly passed a motion UDP’s focus on nuclear options Member and Cabinet Minister in to waive its privilege of exempt- was too narrow, and put forward various portfolios from 1986 to ing a Member from attending as a counter-proposal to hold public 1999. He was elected again in 2001 a witness before any court while consultations on all the possibili- and served as Premier until 2007. the Assembly is in session. The ties for future energy generation: On the last day of the spring ses- Member, Joceline Schriemer, was wind, solar, nuclear, hydro and sion, the Assembly unanimously granted a leave of absence so she geothermal power, conservation, adopted a motion recognizing Mr. and other alternatives. Calvert’s 22 years of service in the

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 67 Assembly, and praising his lead- to balanced budgets; $1.2 billion under the radar, leaving thou- ership and many contributions to for infrastructure and support sands of New Brunswickers Saskatchewan. Mr. Calvert’s re- for businesses; The Plan for Lower out in the cold. There are large bonuses for some of the prov- tirement from politics will be offi- Taxes in New Brunswick–a record ince’s highest paid executives. cial on June 30; the following day, one-time tax reduction plan that There have been appointments he will be taking up the position of is a vital part of the government’s for friends. There is less trans- principal of St. Andrew’s College long-term economic development parency, not more. There was a at the University of Saskatchewan. strategy for job creation, econom- so called plan focused on 2026 without a path to get there. ic growth and competitiveness; Joelle M. Perras investing in priorities including and Committee Researcher health and education–preserv- According to the recent Auditor ing the social safety net for New General’s report, government Brunswickers; and, responsible spending has increased by management of government ex- 14.6%, while GDP growth was only 4.2%. Revenue grew by penditures. only 4.8%. This government’s A $65 million increase for the trend of overspending has con- Department of Health includes tinued into this year’s budget. Spending is up 5.5%, while rev- support for the prescription drug enues are down less than 1%. program and hospital services; This is not sustainable in the integrated provincial trauma long term. system; long-term care services; New Brunswick Legislation nursing homes; home support agencies; poverty reduction; child The 24 Bills introduced to date uring the first six weeks of welfare; and grant-funded chil- include 16 Government Bills; 4 the spring sitting of the New D dren’s residential facilities. Opposition Bills, and 4 Private Brunswick Legislature, the gov- Bills. ernment introduced the 2009-2010 The budget includes an $8 mil- budget; a number of Bills were in- lion investment toward the cost of Among the Bills receiving troduced, the Law Amendments building infrastructure to deliver Royal Assent: Committee tabled a report follow- highspeed Internet to those who • Bill 33, introduced by Supply ing public consultation, Members do not currently have access. and Services Minister Ed Public reaffirmed their support for New Doherty amends the An additional $4.7 million is Works Act to require the Brunswick’s principles of linguis- budgeted for Crown land silvicul- Minister to notify owners tic equality, and the House wel- ture. of the intention to desig- comed a new Member. nate property for a public The Finance Minister noted works project, set out a clear Budget that spending pressures con- and fair process for resolv- The Third Session of the Fifty- tinue to increase; the impact of ing compensation disputes, reduce the risk of costly Sixth Legislature, adjourned on weakened market returns on the provincial pension expense and delays in projects, and au- December 19, 2008, resumed thorize any minister to issue March 17, 2009, when Finance the increased costs of delivering a permit, license, or approval Minister Victor Boudreau de- social programs are major factors to the Minister of Supply and livered his third budget address affecting the province’s spending Services for the purposes of a public works project. stating: “Today’s budget builds plan. For 2009-2010, spending will on the initial plan that the gov- be $7.838 billion. • Minister of Social Development Mary Schryer ernment announced in December In his response to the budget introduced Bill 41, Essential to respond to the prevailing eco- address during the second of six Services in Nursing Homes nomic and fiscal climate facing the days of debate, Official Opposition Act, noting that the legisla- province and to position our econ- Leader David Alward stated: tion introduces the essential omy for recovery and growth.” services designation to nurs- This is a government that has ing home care and support The budget focused on a five- lost its way. A home heating workers. Previously, nurs- point plan to provide Leadership plan, which not only took away ing home care and support for a Stronger Economy. Key ele- people’s dignity but which was workers were not designated also fundamentally flawed, has as essential service employ- ments: four-year plan to return since been completely scrapped ees in New Brunswick.

68 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 • Bill 43, An Act to Amend the Access and Privacy Legislation, re- New Member Introduced Tuition Tax Cash Back Credit ferred during the previous ses- On March 24, Premier Graham in- Act, introduced by Finance sion. Bill 82 aims to improve and Minister Victor Boudreau, troduced newly-elected MLA Burt modernize the existing right to doubles the maximum life- Paulin. Mr. Paulin, a Liberal, was information and protection of per- time rebate from $10 000 to elected in a March 9 by-election $20 000, and the maximum sonal information legislation, pro- in Restigouche-la-Vallée follow- annual rebate is doubled vide a framework for how public ing the resignation of long-time from $2 000 to $4 000. The bodies must respond to requests Minister noted that the Progressive Conservative MLA for information, and applies to all amendment is consistent Percy Mockler who was appoint- records held in any form by gov- with the government’s pop- ed to the Senate of Canada. Mr. ulation growth strategy to ernment departments, provincial Paulin represented the electoral promote retention, repatria- agencies, boards and commis- district of Restigouche West from tion, immigration, and settle- sions, universities and munici- ment. 2003 to 2006. palities. It also provides greater • Bill 47, An Act to Amend the clarity on the use and protection Standings in the House: Smoke-free Places Act, intro- Liberals, 33; Progressive Conser- duced by Health Minister of any personal information held Michael Murphy, extends by these public bodies. The Report vatives, 22. the definition of prohibited outlined concerns raised during places for smoking to in- the public hearings and recom- Diane Taylor Myles clude vehicles, if there is an- mended that the government Researcher and Journals Clerk other person under 16 years of age present. consider these concerns before a revised Bill is introduced; that a On behalf of Opposition Leader revised Act provide that all fees Alward, Bruce Fitch introduced charged be “fair and reasonable,” Bill 40, an amendment to the and that the Act be reviewed Auditor General Act, noting that every 4 years. the proposed Bill would call upon the Office of the Auditor General The Committee also received to provide a fiscal update to the input on the Discussion Paper - Personal Health Information Access province six months prior to the House of Commons fixed election date and provide and Privacy Legislation which pres- New Brunswickers with a clear ents the basis of new personal picture of the province’s finances. health information access and pri- he Second Session of the 40th The motion for second reading of vacy legislation in the province. TParliament opened on January the Bill was defeated. The Committee recommended 26, 2009. The House immediately that the government consider the proceeded to the presentation of The majority of petitions tabled issues outlined in the report before the Budget on January 27. during the period related to the any legislation is introduced. Following the adoption of a announced removal of ferry ser- ways and means motion (no. 6), vice across the St. John River, Official Languages the Minister of Finance, Jim re-opening of the Weyerhaeuser On April 17, 2009, to celebrate the Flaherty, introduced Bill C‑10, Mill, and the protection of water, 40th anniversary of the Official An Act to implement certain pro- health and property rights. Languages Act of New Brunswick, visions of the budget tabled in Law Amendments Committee the Assembly passed a resolu- Parliament on January 27, 2009 Report tion moved by Premier Shawn and related fiscal measures, on Graham, seconded by Opposition February 6. Given the economic On April 3, 2009, the Standing Leader David Alward, reaffirm- situation, on February 23, the Committee on Law Amendments, ing the Assembly’s commitment Standing Committee on Finance chaired by Justice and Consumer to reiterate and reaffirm its sup- held four meetings on the same Affairs MinisterThomas J. Burke, port and advocacy for and of the day to hear witnesses. The next tabled its First Report, the result principles of linguistic equality, day, the Committee began clause- of public consultation on Bill 82, which have characterized New by-clause consideration of the Access to Information and Protection Brunswick since 1969. Bill and reported it back to the of Privacy Act, and the Discussion House without amendment on Paper - Personal Health Information

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 69 February 25. The Bill received added to the Order of Precedence. evidence, testimony and submis- Royal Assent on March 12. On April 29, a vote for second sions by all persons participating Three supply bills were reading and referral to committee in the Committee’s study on that passed during this period. On of Bill C‑241, An Act to amend the very subject would not be used February 26, Bill C‑12, An Act for Employment Insurance Act (removal during the Commission’s inquiry. granting to Her Majesty certain sums of waiting period) resulted in a tie. On March 26, the Standing of money for the federal public admin- The Speaker cast his deciding vote Joint Committee on the Library istration for the financial year ending in favour of the motion, saying it of Parliament undertook a study March 31, 2009, received Royal had become customary for him on the Office of the Parliamentary Assent after passing through the to vote in favour of a motion at Budget Officer. three reading stages on the same second reading. That was the fifth On April 27, the Panel of Chairs sitting day on February 12. On time that Speaker Peter Milliken for the Legislative Committees March 24, two other bills, C‑21, had cast a deciding vote. was appointed. Pursuant to An Act for granting to Her Majesty Committees Standing Order 112, the follow- certain sums of money for the federal ing Members were appointed by public administration for the finan- On February 10, the House unani- the Speaker, as well as the Deputy cial year ending March 31, 2009, and mously agreed to restrike a spe- Speaker of the House and Chair C‑22, An Act for granting to Her cial committee on the Canadian of Committees of the Whole, the Majesty certain sums of money for mission in Afghanistan. Deputy Chair of Committees the federal public administration for On February 12, the Standing of the Whole and the Assistant the financial year ending March 31, Committee on Agriculture and Deputy Chair of Committees 2010, were passed by the House Agri‑Food created a subcommit- of the Whole: Mike Allen; on the same sitting day and re- tee on food safety to launch a Peter Braid; Gord Brown; ceived Royal Assent on March 26. probe into the listeriosis outbreak Lois Brown; Candice Hoeppner; Business of Supply in Canada last summer. Keith Martin; Maria Minna; On February 26, the House Bernard Patry; Mike Wallace; and Pursuant to the Standing Orders, Judy Wasylycia‑Leis. seven days were allotted for agreed unanimously to strike two supply for the period ending on subcommittees of the Standing Special Debates March 26. On the seventh and Committee on Industry, Science and Technology. The first was re- Pursuant to Standing Order 52(10), final allotted day, on March 24, an emergency debate on the situ- John McCallum introduced a sponsible for undertaking a study of the crisis faced by the automo- ation in Sri Lanka was held in the motion on the spending author- House on February 4. The purpose ity proposed in Treasury Board’s tive industry in Canada and re- ported its findings to the House of the debate was to shed light on Vote 35 of the Main Estimates the increased confrontation be- for 2009‑2010. The motion called on March 31. The second is exam- ining the crisis faced by certain in- tween government forces and the upon the government to table in Liberation Tigers of Tamil Eelam. the House, within one sitting of dustrial sectors in Canada such as each occasion that Vote 35 is used, aerospace, energy, forestry, high- A take-note debate was held a detailed report justifying the use tech and manufacturing. on March 26 on the International of the measure. The motion was On March 12, the House Conference on Afghanistan in The agreed to that same day (Yeas: agreed by unanimous consent to Hague. 154; Nays: 139). concur in the third report of the Procedure/Privilege Standing Committee on Access Private Members’ Business to Information, Privacy and On March 12, the Speaker ren- The Order of Precedence was es- Ethics on the privileges, powers dered a ruling on the point of order tablished on February 10, based and immunities of the House raised by Michel Guimond on on the draw that was held in the of Commons in relation to the Thursday, February 26, concern- first Session on November 24. Oliphant Commission of Inquiry ing the remarks by Josée Verner On February 24, the Standing into the Mulroney-Schreiber during Oral Questions accusing Committee on Procedure and Affair. With the Commission the Bloc Québécois of approv- House Affairs presented its sixth about to begin its proceedings, the ing threats and calls for violence, report, enumerating the items House wanted to ensure that the as well as another point of order raised by Louis Plamondon on

70 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 Thursday, March 5, when two hunt and attacking a Senator, the the vernal equinox (first day of Conservative Members used the Leader of the Official Opposition Spring) be designated as Nowruz terms “extremists” and “promotes and the Liberal Party. In his ruling Day. The resolution was intro- violence” in reference to the Bloc rendered on March 24, the Speaker duced by Bryon Wilfert, who had Québécois. The Speaker ruled that stated that he was unable to estab- introduced a similar bill (C‑342) remarks directed to a party rather lish a link between the matter in on March 23. than an individual were parlia- question and the Member’s par- In response to the earthquake mentary in the strict sense of the liamentary duties. He therefore in the Abruzzo region on April 6, term even though they were un- could not find a prima facia ques- the House expressed its condo- doubtedly provocative. tion of privilege. lences on behalf of all Canadians That same day, during On April 2, the Speaker ruled to the people of Italy through a Statements by Members, the that the Standing Committee on resolution on April 20. Speaker cut short Tim Uppal’s, Finance had exceeded its mandate On April 28, the House re- Sylvie Boucher’s and Rodney by publishing its second report solved by unanimous consent Weston’s statements concerning recommending that increased that the week of May 4 to 8, 2009 the Leader of the Opposition. In funding be granted to the Office of would be National Food Allergy response to remarks on the matter, the Parliamentary Budget Officer. Awareness Week. the Speaker ruled that state- Since matters relating to the ments made pursuant to Standing Parliamentary Budget Officer’s Dawn Black formally an- Order 31 were never intended to mandate and resources are the nounced to the House on April 2, be debate and are not to be used responsibility of the Standing that she would be resigning as for personal attacks. Joint Committee on the Library of the Member for the riding of Parliament pursuant to Standing New Westminster-Coquitlam on The next day, the Deputy April 13. Ms. Black began her po- Speaker, Andrew Scheer, cut Order 108(4), the Speaker ruled the report inadmissible and ordered litical career as the Member for off Tim Uppal and Dean Del that riding from 1988 to 1993 and Mastro for statements concern- that it be deemed withdrawn and that no further proceedings be was subsequently re‑elected in ing the Leader of the Opposition. 2006. Jim Abbott rose on a point of order taken in relation thereto. On April 30, Bill Casey offi- to challenge the Deputy Speaker’s Other Matters decision since in his view, the cially announced that he would ruling the Speaker had made on The Voting Record Access be resigning from the House. Thursday, March 12 risked setting Service was officially launched Mr. Casey also began his political a precedent regarding Members’ on April 20. This new service on career in 1988 and had sat as an freedom of speech in the House. the Parliamentary Web site offers independent Member since June In justifying his decision, how- access to information on votes in 2007. ever, Speaker Milliken, made the the House of Commons starting in On Wednesday, March 4, the distinction between a personal the 38th Parliament. House paid tribute to former attack and a comment concerning On March 11, the House passed Speaker Gilbert Parent following a party in general. a resolution to encourage the gov- the announcement of his death the On March 5, Wayne Easter rose ernment to do everything possible previous day. One Member from on a question of privilege in rela- to ensure that the G8 and G20 each party and Speaker Milliken tion to the dissemination of infor- meeting scheduled for April 2 in spoke in turn of Mr. Parent’s mation by the Minister of Fisheries London address ways to redress dedication to Canadian politics and Oceans. The Member alleged the increased and enduring pov- and expressed their sincere con- that the Minister, Gail Shea, erty among all member states, and dolences to his family. Mr. Parent had abused the privileges of her that the Senate be invited to join was Speaker of the House of office by allowing a Conservative with the House in that encourage- Commons from 1994 to 2001. Senator to use the department’s ment. David Gagnon letterhead and Web site for a On March 30, the House unani- news release concerning the seal mously adopted a resolution that Procedural Clerk Procedural Services

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