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Alberta’S Legislative Officers

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Alberta’S Legislative Officers Legislative Reports Standing Committee on Legislative Offices The Standing Committee on Legislative Offices met in December 2014 to review the budget estimates of Alberta’s Legislative Officers. The Committee approved these budgets at two per cent less than the previous year with two exceptions: the Office of the Chief Electoral Officer, which has a four-year budget cycle, and the Office of the Child and Youth Advocate (OCYA). In July 2014, the OCYA received additional funds following a legislated increase to its responsibilities. This pro-rated amount was added to the amount originally approved for the previous year before the two per cent reduction was applied. On February 10, 2015, the Committee met with representatives of the Office of the Auditor General (OAG) and the OCYA to consider requests for an increase to their approved budgets for the upcoming fiscal year. The OAG requested an additional $546,000 Alberta in order to ensure the Office would be able to fulfill its mandate and perform its work. The OCYA requested Continuation of the 3rd Session of the 28th Legislature an additional $275,000 to reflect the cost of fulfilling The 3rd Session of the 28th Legislature resumed on its expanded legislated mandate for a full 12 months. March 10, 2015. After months of floor crossings and The Committee approved the additional funds for the resignations the composition of the Assembly was at OAG, but the request from the OCYA was denied. 70 Progressive Conservatives, five Wildrose members, five Liberals, four New Democrats, one Independent The following day, Premier Prentice announced no and two vacancies. additional funding would be provided to the OAG. When asked if he was unilaterally overruling a decision Bill 10 of a legislative committee the Premier confirmed he was and suggested that while the Committee could During the fall sitting the Assembly considered the consider the budgets of Legislative Officers the final highly controversial Bill 10, An Act to Amend the Alberta decision on the matter would reflect the economic Bill of Rights to Protect our Children. Among other things, issues facing the Government of Alberta. Bill 10 addressed the issue of Gay-Straight Alliances (GSAs) in schools. The Bill passed Committee of the Less than a week later, on February 17, 2015, the Whole, with amendments, on December 3, 2014, but Committee met again to revisit the approval of the was put on hold by Premier Jim Prentice to allow for OAG request for an additional $546,000 in 2015- further consultation. 2016. Before business could proceed, David Eggen (Edmonton-Calder) raised a purported question of In March 2015, when session resumed, Laurie privilege regarding interference by the Premier in Blakeman (Edmonton-Centre) moved to have Bill 10 the work of the Committee. The Committee Chair, recommitted to Committee of the Whole, out of which Matt Jeneroux (Edmonton-South West), determined it was passed with new amendments. Later that same that the issue did touch upon privilege and Mr. day it received Third Reading which was followed by Eggen proceeded with his motion that the question of Royal Assent on March 19, 2015. Under this legislation privilege be reported to the Assembly. The motion was all Alberta public, Catholic, and charter schools will be defeated and Committee did not report the matter to required to accommodate GSA clubs if students request the Assembly. When session resumed weeks later, Mr. one, and schools will no longer be required to notify Eggen attempted to broach the issue again by raising parents when sexual orientation is to be discussed in a purported question of privilege in the Assembly. the classroom. It also adds sexual orientation, gender Speaker Gene Zwozdesky (Edmonton-Mill Creek) identity and gender expression as protected grounds ruled the question out of order as it had already been from discrimination under the Alberta Bill of Rights. addressed by the Committee. 40 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2015 The composition of the Committee was also a markups on cigarettes, alcohol, and gasoline. Fees for point of contention. Under the Standing Orders the a variety of services, such as land titles, motor vehicle membership of legislative committees in Alberta registrations, and other vital statistics documents, have are determined by a resolution of the Assembly. also increased. In addition, Alberta would no longer When session adjourned on December 10, 2014, the have a 10 per cent “flat tax”. Beginning in 2016, two 11-member Committee consisted of seven members of new tax brackets would be created for those earning the governing Progressive Conservatives, two members over $100,000 and $250,000 annually. Taxes on these from the Official Opposition, and one member each two groups would be increased to 11.5 per cent and 12 from the other two opposition parties. However, one per cent respectively by 2018. A new health care levy week after session adjourned, the Committee was left would come into effect on July 1, 2015; however, this without representation from the Official Opposition levy will apply only to those earning $50,000 or more when nine members of the Wildrose, including the annually and will increase incrementally as income two members of the Legislative Offices Committee, rises. crossed the floor to join the government. The Chair ruled that only the Assembly had the authority to Spring Election set or change the membership of the Committee and, therefore, the business of the Committee could On April 7, 2015, months of speculation came to an continue. The Committee proceeded with its agenda end when Premier Prentice announced a provincial and the decision approving additional funding for the election for May 5, 2015. Although Alberta has “fixed OAG was rescinded. election date” legislation which anticipates the next provincial election in the spring of 2016, the Premier Leadership Contests argued that the early election call was necessary in order to ask Albertans for the mandate needed to implement Following the departure of Danielle Smith and significant changes in response to both the short-term eight other caucus members in December 2014, and long-term economic challenges facing the province. Heather Forsyth (Calgary-Fish Creek) took over as interim leader of the Wildrose Party. At the time it Jody Rempel was anticipated a new leader would take the helm in June 2015; however, the schedule for the leadership Committee Clerk contest was accelerated in response to rumours of a spring election. On March 28, 2015, Brian Jean (former Member of Parliament for Fort McMurray-Athabasca) was named the new leader of the Wildrose Party. The Alberta Liberal Party is also seeking a new leader following the January 26, 2015, resignation of Raj Sherman (Edmonton-Meadowlark). Dr. Sherman continued to serve as an MLA for the remainder of the Legislature but is not seeking re-election. On February 1, 2015, it was announced that David Swann (Calgary- Mountain View), who previously lead the party from 2008 until 2011, would step in as interim leader. The party plans to have a new leader in place within a year. Budget 2015 On March 26, 2015, the Government of Alberta presented a proposed budget for the upcoming fiscal year; however, it was not passed due to the dropping House of Commons of the writ. Under this budget the province would be expected to run a deficit of approximately $5 billion. The Second Session of the Forty-First Parliament To address this shortfall, health care funding would continued through the early months of 2015. The see a 0.8 per cent decrease, its first reduction in years. information below covers the period from February Several “sin taxes” have already increased, including 1, 2014, to April 30, 2015. CANADIAN PARLIAMENTARY REVIEW/SUMMER 2015 41 Legislation the application of any Standing or special Order or practice of the House to permit the full participation The Legislation Section of the Department of in the proceedings of the House of any Member with Justice recommends, in consultation with the a disability. The Speaker therefore confirmed the Standing Committee on Justice and Human Rights Deputy Speaker’s ruling. and as part of the Miscellaneous Statute Law Amendment (MSLA) Program, periodic legislative Privilege initiatives to correct anomalies, inconsistencies, outdated terminology or errors that are contained in On February 4, 2015, François Lapointe the statutes. A singular example of this was Bill C-47 (Montmagny—L’Islet—Kamouraska—Rivière-du- (An Act to correct certain anomalies, inconsistencies and Loup) rose on a question of privilege arising from errors and to deal with other matters of a non-controversial the fact that earlier that day he had been prevented and uncomplicated nature in the Statutes of Canada and from entering Centre Block by an RCMP officer. The to repeal certain provisions that have expired, lapsed or following day, Mr. Lapointe advised the Chair that otherwise ceased to have effect) which, by unanimous he had received a fully satisfactory explanation and consent, was passed at all stages on December 8, apology from the security services. Thus, the Acting 2014. The Bill was passed by the Senate on February Speaker (Bruce Stanton) declared the matter closed. 25, 2015 and received Royal Assent the following day. It is worthy of note that this was the first time since On February 17, 2015, the Speaker ruled on the 2001 that Parliament has adopted a Miscellaneous question of privilege raised on January 26, 2015, by Statutes Amendment Act. Lysane Blanchette-Lamothe (Pierrefonds—Dollard) in connection with the Government’s response to a Financial Procedures written question (Q-393). Ms. Blanchette-Lamothe alleged that the office of the Minister of Citizenship On April 21, 2015, the Minister of Finance, Joe and Immigration had interfered with the preparation Oliver, delivered the 2015 budget.
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