Legislative Reports

government’s budget for not shar- evening. Even a brief power outage ing the $1.3 billion resources with that dimmed the lights in the As- average families. The sembly did not curtail his stamina NDP identified four areas that to continue. Mr. Yates concluded could have been addressed, includ- his remarks by moving an amend- ing immediately doubling property ment to extend the sitting hours to tax relief, doubling the number of 1:00 a.m. on Mondays, Tuesdays new training seats, investing in af- and Wednesdays. fordable housing programs and The Opposition’s successful ef- funding green initiatives to help the forts to delay implementation of the Saskatchewan province meet its climate change extended sitting hours prompted targets. the Government to give notice of he Assembly returned for a Thebudgetdebatewascon- their intent to move closure on the Tshortened spring session on cluded on April 3rd with the As- motion at the earliest opportunity March 10th. Members first paused sembly defeating the Opposition on April 8th. The Opposition House to reflect on the passing of nine for- amendment and adopting the bud- Leader Len Taylor responded by mer Members over the previous get motion. raising a question of privilege on year and to adopt motions of condo- the decision to invoke closure. The Extended Hours Motions lence for each. Subsequent days basis of his submission was that were devoted to considering sup- changes to the standing orders of After growing concerned that there plementary estimates and moving parliaments were traditionally only were insufficient sitting hours to forward on the government’s legis- implemented after opposition par- complete its agenda before the lative agenda. ties had been consulted and their scheduled completion day of the The following week saw Finance consent obtained or after a lengthy spring session on May 15th, the gov- Minister Rod Gantefoer deliver his parliamentary debate. In the pres- ernment was prompted to intro- firstbudgetonMarch19th.The ent circumstances, the two days of duce a motion to extend the sitting budget focused on addressing debate unduly limited the opposi- hours. The motion prescribed that many of the campaign promises tion’s ability to consult their constit- the daily meeting on Mondays, made by the in uents or to develop and offer Tuesdays and Wednesday would last fall’s general election. A one bil- alternatives. Mr. Taylor also raised be from 10:00 am to 12:00 midnight, lion dollar investment in capital and the concern whether the application with a supper break between 5:00 infrastructure improvements was of closure would contravene the As- p.m. and 6:00 p.m. The Assembly announced as part of the Ready for sembly’s Rules requiring a mini- would observe its usual morning Growth Initiative.Inaddition,the mum amount of deliberation on sitting on Thursdays and then con- budget documents listed forty ini- specified bills. vene committee meetings from 2:00 tiatives that would be funded as Speaker Don Toth delivered his committed to during the election p.m. until midnight and again on Fridays from 10:00 a.m. until 5:00 ruling on April 9th. After noting campaign. These included in- that the purpose of the closure rule creased funding to create more po- p.m. The Government House Leader, was to provide governments with a sitions in healthcare and policing, procedural device to bring debate provide property tax rebates and Mr. Gantefoer, opened the debate and was followed by of on a question to a close and that it enhance K-12 and post-secondary had only been invoked seven times education programs. the Opposition. Mr. Yates contin- ued to speak from early afternoon in the province’s history, he found The Opposition Finance critic, on April 7th until late the following that it was properly applied in the Harry Van Mulligen, criticized the

50 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 present circumstances. Speaker Norris, Minister of Advanced Edu- Interparliamentary relations Toth also noted that the Rules con- cation, Employment and Labour, tain several instances where the As- and his officials available for sev- ThemembersoftheEasternRe- sembly has imposed limitations on eral hours of questioning in the gional Conference of the Council of debate or other means to curtail de- committee. State Governments (CSG/ERC) Ex- bate and that he, as Speaker, has no ecutive Committee, who met in discretionary authority to intervene Margaret (Meta) Woods New Jersey from March 14-16, 2008, as a matter of privilege. Accord- Clerk Assistant unanimously adopted a resolution ingly, he declined to find a prima fa- marking the 400th anniversary of cie case of privilege and prevent the the founding of Québec City and closure rule being applied to the ex- recognizing the contributions of the tended sitting hours motions. The population of Québec City to good questions on both the closure and North American relations. This res- sitting hours motions were subse- olution was presented on the pro- quently adopted by the Assembly posal of the Québec National on recorded divisions. Assembly delegation, led by Tony The Assembly proceeded to sit in he parliamentary proceedings Tomassi, Member for LaFontaine, accordance with the extended hours Tof the first session of the 38th Vice-Chairman of the Québec Sec- until April 17th, when the sessional legislature, which were adjourned tion of the CSG/ERC and member of orderwasrevisedtoreturnthe on December 19, 2007, resumed for the Executive Committee. House sittings to hours more akin to the spring sessional period on Parliamentary simulations the usual times and to retain the ex- March 11, 2008. tended hours as an option for com- Spring marks the beginning of the From February 13-15 2008, the Qué- mittee meetings should the need budgetary process at the National bec National Assembly welcomed arise. Assembly and, last March 13, the 114 students from Secondary 3 and Minister of Finance launched this Legislation and Committee 4 to the 6th Young People's Parlia- Business process with the Budget Speech. ment. This parliamentary simula- The debate on the Budget Speech tion brought together young people One of the first Acts to be passed by ensued, to be suspended in the As- attending 32 public and private the Assembly during the spring ses- sembly and continued in the Com- schools hailing from several Québec sion was a law implementing fixed mittee on Public Finance. On March regions. During this simulation, the election dates. A provincial general 18, 2008, the Assembly adopted a Members examined three bills that election will now be held on the first motion by the Government House they had drafted prior to this event: Monday in November every four Leader for the Assembly to give a first bill promoting the prohibition years. Saskatchewan is now the consideration to Interim Supply for of the sale of energy drinks to mi- ninth jurisdiction in Canada to have the fiscal year ending March 31, nors, a second bill proposing mea- fixed election dates. The Assembly 2009. This budgetary stage con- sures to foster the learning of French also approved The Consumer Protec- cluded with the passage of Appro- in Québec schools, and the last pro- tion Amendment Act, 2008 which priation Act No. 1, 2008-2009, and moting healthy lifestyle habits eliminates expiry dates on gift the referral to the standing commit- among Québec's youth. tees of the estimates of expenditure cards. Other news The two bills at the center of the for the 2008-2009 fiscal year. On extended hours disagreement have April 8, 2008, the Assembly re- On April 9, 2008, Roch Cholette an- been the subject of considerable de- sumed the debate on the Budget nounced his resignation as Member bate in the House and in the Human Speech and, at the conclusion of this for the Electoral Division of Hull. Services Committee. The Opposi- debate, carried the motion by the His departure increases to three the tion had requested that public hear- Minister of Finance proposing that number of vacant seats in the As- ings be held on Bill 5 - The Public the Assembly approves in general sembly, which is now composed as Service Essential Services Act and Bill the budgetary policy of the follows: Québec Liberal Party, 47; 6-The Trade Union Amendment Act, Government. Action démocratique du Québec, 2007. The government declined to 41; Parti Québécois, 34; vacant seats, do so and have instead made Rob 3.

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 51 On February 23, 2008, Denis brought together over 275 partici- Standing committees Lazure passed away at the age of 82. pants from Secondary 4 and 5 as He was the Parti Québécois Mem- well as college-level students from The Committee on Institutions was ber for the Electoral Division of various regions throughout Québec very active at the beginning of the Chambly from 1976 to 1981, in representing 35 educational institu- year and held three consultations Bertrand from 1981 to 1984, and in tions. This special edition for the all during the same period. The La Prairie from 1989 to 1994. 400th anniversary was a privileged Committee held public hearings, Last March 18, the President of opportunity for these young people during the months of February, the Québec National Assembly, to profitably employ their knowl- March and April, within the frame- Michel Bissonnet, inaugurated the edge on the history of Québec and of work of the general consultation on all new Visitors' Centre at the Na- its parliamentary institutions. the documents entitled Evaluation tional Assembly, in the Parliament On April 15 2008, the Library of Report on the Act to Reform the Code of Building. The opening of this centre the National Assembly held the Civil Procedure and The Strategic falls within the institution's activi- sixth edition of Political Book Day in Lawsuits Against Public Participation ties celebrating the 400th anniver- Québec, under the theme “Ideas (SLAPP). sary of Québec City. The objective of within your reach”. This event aims Special consultations were held bringing the citizens and their Na- to encourage authors and students on Bill 50, An Act to amend the Profes- tional Assembly and its Members who produce works on political sional Code and other legislative provi- closer together prompted the cre- topics. The inauguration of the Les sions in the field of mental health and ation of the Visitors' Centre. To trésors de la Bibliothèque exhibit, a human relations, during the month reach the widest possible range of round table and a conference on the of March. This bill provides a new visitors, this reception area uses a Capital, and the awarding of prizes delineation of professional activi- variety of methods to broadcast in- to the recipients are featured among ties in the field of mental health for formation: scriptovisual panels, a the Assembly's activities commem- certain professions and a frame- display case, information terminals, orating the 400th anniversary of work for the practice of psychother- a viewing room, etc. It mainly Québec City. apy. serves as a gateway to discovering The National Assembly now pro- Lastly, the Committee held spe- the multitude of activities offered to vides wireless network technology cial consultations on Bill 60, An Act the public at the Parliament using Wi-Fi technology in parlia- to amend the Police Act. This bill en- Building. mentary proceeding rooms as well ables municipalities to conclude The lights of the National Assem- as in several meeting rooms. Via agreements among themselves as bly buildings were symbolically Internet, persons using wireless lap- regards particularly the provision shut off on March 29, 2008, between top computers may access the As- of detention and the joint use of 8.00 p.m. and 9.00 p.m. Through this sembly's Extranet to log on to equipment, premises or space. gesture, the National Assembly Outlook Web Access, Meridius, and On March 12, 2008, the Commit- joined the vast worldwide move- the Portal and Clerks sites. For those tee on Education heard the Institut ment to heighten awareness regard- with laptops equipped with an au- culturel et éducatif Montagnais, the ing global warming. Earth Hour is thentication token provided by the Cree School Board, the First Nations an initiative of the World Wildlife Assembly, they have access to all of Education Council and the Minister Fund and aims to raise the popula- the network services via a secure of Education, Recreation and tion's awareness so that special at- Extranet. Wi-Fi may also be useful Sports. These hearings arise from tention may be paid to the to visitors: ministerial delegations, the tabling in the National Assem- consequences of climate change. ministers, law clerks and other pub- bly, in February 2007, of the Com- The Young Democrats' Tourna- lic servants; witnesses summoned mittee's report on the school success ment, which was held on April 12 to appear before parliamentary of Natives which contained recom- and13atthePetitSéminairede committees; official and protocolar mendations. Québec and at the Parliament Build- delegates and other visitors. Within the framework of orders ing, underlined in a special way of surveillance of public agencies Québec City's 400th anniversary. Sylvia Ford (Standing Order 294), in March, the This quiz game, which the National Secretariat of the Assembly Committee heard the Comité Assembly has been organizing an- consultatif sur l'accessibilité nually for sixteen years now, financière aux études and the

52 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 Comité sur les affaires religieuses. port to the Government on the im- amendment to the motion. The The Comité consultatif sur plementation of the Act ten years af- amendment, as well as the l'accessibilité financière aux études ter its adoption. The purpose of the amended motion, were adopted is responsible more particularly for Pay Equity Act is to redress salary unanimously. advising the Minister of Education, disparities owing to systemic dis- The motion reads as follows: That Recreation and Sports on financial crimination based on gender as re- the Committee on Public Adminis- aid programmes and tuition fees. gards persons working in tration clarify the circumstances The mandate of the Comité sur les employment categories predomi- surrounding the dismissal of Bruno affaires religieuses is to advise the nantly held by women. Fortier, Québec's former Delegate minister on matters involving the During the months of March and General in New York, and that for place of religion in schools. April, the Committee on Culture this purpose the Committee on Pub- During the month of February, heard the three agencies established lic Administration hear, no later the Committee on Social Affairs by the Charter of the French language, than April 29, 2008, Mr. Fortier, and held public hearings within the namely the Conseil supérieur de la Alain Cloutier, Deputy Minister of framework of the general consulta- langue française, the Office International Relations, as well as tion on Bill 63, An Act to amend the québécois de la langue française any person it may deem necessary Charter of human rights and freedoms, and the Commission de toponymie to summon, without, however, which expressly states that Charter du Québec, within the framework obliging a person who has lodged a rights and freedoms are guaranteed of orders of surveillance of public complaint to appear against his or equally to women and men. agencies (Standing Order 294). her will. In March, the Committee heard The purpose of the Conseil Furthermore, on February 13, the the Chief Executive Officer of the supérieur de la langue française is Committee on Public Administra- Conseil de gestion de l'assurance to advise the Minister responsible tion heard the Deputy Minister of parentale to examine the manage- for the administration of the Char- Health and Social Services and the ment of this agency, in pursuance of ter on all matters relating to the Chief Executive Officer of the Cor- the Act respecting parental insurance. French language in Québec. The poration d'hébergement du Qué- It was the first time this agency purpose of the Office québécois de bec. The Deputy Minister was heard came before a standing committee la langue française in particular is to on April 2, along with the Director since its creation in 2005. ensure that the Charter is observed General of the Centre hospitalier The Deputy Minister of Employ- and to monitor the evolution of the universitaire de Sainte-Justine, the ment and Social Solidarity was also linguistic situation by reporting Associate Secretary General of the heard within the framework of the thereon every five years to the min- Conseil exécutif and the Executive examination of the 2003-2004 to ister responsible for the Charter. Director of the management com- 2006-2007 reports on the activities The purpose of the Commission de mittee for projects to modernize the funded by the Fonds québécois toponymie is particularly to make university hospital centres of d'initiatives sociales, in compliance proposals to the Government re- Montréal concerning the watch with the Act to combat poverty and so- garding the standards and drafting over major capital assets projects of cial exclusion, and of the 2000-2001 to regulations that are to be observed the Government. 2006-2007 reports on the activities when naming localities. Following the adoption of the or- of the Fonds d'aide à l'action On April 9, the Committee on der of initiative on residual waste communautaire autonome, pursu- Public Administration was given an management, the Committee on ant to the Act respecting the Ministère order by the National Assembly for Transportation and the Environ- du Conseil exécutif. the second time since the beginning ment held special consultations In February, the Committee on of the 38th Legislature, and in actual during the month of February. In Labour and the Economy held pub- fact since its creation in 1997. The or- addition to the 51 briefs received, lic hearings within the framework der stems from a motion moved by the Committee received additional of the general consultation with ref- the Official Opposition House input on this matter owing to the 89 erence to the document entitled Leader at the weekly period set working papers and 225 answers to “Report of the Minister of Labour aside for business standing in the the questionnaire submitted within on the implementation of the Pay name of Members in Opposition the framework of the on-line Equity Act”. The PayEquityAct (Standing Order 97). The Govern- consultation. obliges the Minister to present a re- ment House Leader tabled an

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 53 As provided for in the Standing not defeated on any of these confi- rule inadmissible the inclusion in Orders (S.O. 272, 275 and 276), the dence motions as, in many cases, the motion of provisions affecting debate on the Budget Speech, which most Members of the Official Bill C-253, An Act to amend the In- began in the Assembly, continued Opposition did not vote. come Tax Act (deductibility of RESP in the Committee on Public Finance A Liberal amendment to the bud- contributions), which he had spon- on April 1, 2 and 3. The Minister of get, which was tabled on February sored. These provisions effectively Finance was a member of the Com- 28, 2008, by the Minister of Finance, stated that Bill C 253 would be nulli- mittee during its proceedings, as Jim Flaherty,wasnegativedon fied even if it passed. Bill C-253 is stipulated in the Standing Orders. March 3, 2008. The main motion in currently before the Senate. support of the budget was agreed to The Examination of the Estimates On March 13, 2008, the Speaker by the Standing Committees the following day. delivered his ruling on the motion's Another confidence question admissibility. He concluded that it As is the case each year, the stand- arose from a government motion to was not procedurally flawed and ing committees received the order extend Canada's mission in Af- that there were precedents for the to examine the estimates of expen- ghanistan. The Liberal Party made House voting on related or even diture of the ministries and agen- public a proposed amendment to contradictory bills in the same ses- cies. These estimates of expenditure the motion, which spelled out their sion. He accordingly ruled that the were tabled in the Assembly by the conditions for supporting the mis- Ways and Means motion could pro- Chair of the Conseil du trésor last sion's extension. On February 21, ceed in its current form. The ques- March 18, while the calendar for the 2008, notice was given of a second tion was put on the motion and consideration of the estimates of ex- government motion on Afghani- agreed to. penditure was tabled by the Presi- stan, similar in content but incorpo- On April 10, 2008, Bill C-50, An dent of the Assembly on April 1. At rating some of the demands of the Act to implement certain provisions of the conclusion of their mandate, the Official Opposition. The vote on the the budget tabled in Parliament on Feb- committees had spent 200 hours, latter motion was held on March 13, ruary 26, 2008 and to enact provisions from 10 to 25 April, on the examina- 2008, and the motion was adopted to preserve the fiscal plan set out in that tion and adoption of the estimates of with the support of the Official budget, also tested the House's con- expenditure for the 2008-2009 fiscal Opposition. fidence in the government. Al- year divided into 44 different A further test of confidence took though the Bill was sharply elements. the form of a motion calling upon criticized by the opposition parties the Senate to pass Bill C-2, An Act to with respect to the immigration Anik Laplante amend the Criminal Code and to make provisions it contained, the motion Secretariat of committees consequential amendments to other for second reading of Bill C-50 was Acts, by March 1, 2008. The motion nevertheless adopted and the Bill was adopted on February 12th. Bill referred to the Standing Committee C-2 was passed by the Senate on on Finance. On April 17, 2008, NDP February 27th and received Royal MP Olivia Chow, moved that it be Assent on February 28th. an instruction to the Committee that On March 10, 2008, an opposition it have the power to divide the Bill motion introduced by NDP Leader C-50 into two or more pieces of leg- Jack Layton, again tested the islation. The motion did not come to House's confidence in the govern- a vote. ment. The motion, pertaining to cli- Committees mate change, was defeated. House of Commons The next day, Mr. Flaherty tabled In recent weeks, the proceedings of a notice of Ways and Means motion a number of committees have been hen the House of Commons to implement certain provisions of significantly disrupted. Many pro- Wreconvened after the Christ- the budget tabled in February. The cedural arguments have erupted re- mas adjournment, election fever government declared the motion to lating to filibusters, the scope of rose, as repeated tests of confidence be a question of confidence. Liberal committees' mandates and chal- in the Government punctuated the MP Dan McTeague then rose on a lenges to rulings by committee proceedings. The Government was point of order to ask the Chair to Chairs.

54 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 The Standing Committee on Pro- relating to Liberal fundraising prac- On February 12, 2008, the Leader cedure and House Affairs was effec- tices, that exceeded its mandate. of the Government in the House of tively incapacitated as debate on a The Speaker noted that his prede- Commons, Peter Van Loan, moved motion to investigate Conservative cessors had been reluctant to inter- that Bill C-20, An Act to provide for election expense claims led to a vene in the proceedings of consultations with electors on their lengthy filibuster, which paralysed committees, except where excep- preferences for appointments to the the proceedings. On March 6, 2008, tional circumstances warranted. He Senate, be referred to a legislative a motion of non-confidence in the found that there were not sufficient committee. The motion was Chair, Gary Goodyear,was grounds to usurp the role of Mem- adopted the next day. On February adopted. Joe Preston was elected to bers. He also cautioned Members 27, 2008, the Speaker named Liberal replace Mr. Goodyear, notwith- about the manner in which commit- MP Albina Guarnieri, Chair of the standing his refusal to allow his tee proceedings had been con- Legislative Committee on Bill C-20. name to stand. Mr. Preston subse- ducted since the commencement of The Committee's agenda is quite ex- quently resigned. the 39th Parliament; describing the haustive, with a list of more than 60 The proceedings of the Standing proceedings as “verging on anar- witnesses submitted to the clerk of Committee on Justice and Human chy”. He appealed to those to whom the Committee. Rights ran into difficulties on March the management of the business of In addition, the motion concern- 11, when a Liberal motion proposed Parliament had been entrusted to ing the Canadian mission in Af- the study of the allegations in the take leadership and to work to- ghanistan adopted on March 13, Chuck Cadman affair. The Chair, gether to find a balance which en- 2008, provided for the creation of a Art Hanger, ruled the motion inad- abled the parties to pursue their special parliamentary committee on missible on the grounds that it ex- political objectives and allowed Afghanistan. On April 8, 2008, an ceeded the scope of the Committee's Members to continue their work. opposition motion by Liberal MP mandate. When Members at- Other committees have been Bob Rae was adopted unanimously tempted to appeal the ruling, Mr. more functional. The Third Report which called for the striking of such Hanger vacated the room and the of the Standing Committee on Pub- a special committee and the tabling Vice-Chair adjourned the meeting. lic Accounts, presented to the of a list of its membership. On April The same scenario was repeated on House on February 12, 2008, found 15, 2008, the first meeting of the March 12, April 1, 3, 8 and 15. that Barbara George, RCMP Dep- Committee was held and Conserva- On February 27, 2008, the consid- uty Commissioner of Human Re- tive MP Pierre Lemieux was elected eration of Bill C-377, An Act to ensure sources, had made misleading or Chair. Canada assumes its responsibilities in untruthful statements in her testi- During the Standing Committee preventing dangerous climate change, mony before the Committee in con- on Canadian Heritage's study of Bill by the Standing Committee on En- nection with the administration of C-327, An Act to amend the Broadcast- vironment and Sustainable Devel- RCMP pension and insurance ing Act (reduction of violence in televi- opment led to a Conservative plans.TheCommitteerecom- sion broadcasts), six children aged 10 filibuster. The Committee agreed on mended that the Deputy Commis- to 15 years were invited to testify April 17, 2008 to abandon its sioner be found in contempt of further to a motion by Liberal MP clause-by-clause consideration and Parliament but that no further ac- Mauril Bélanger, who wanted to to report the Bill back to the House tion be taken, as this was sanction hear directly from those targeted by with the amendments adopted to enough. On April 10, 2008, the the Bill. The appearance of minors date. The Committee also prepared Chair of the Committee, Shawn before a House of Commons Com- an additional report describing the Murphy, raised a question of privi- mittee was a first in the annals of circumstances that lead to this lege asking the Speaker to find a Parliament. decision. prima facie case of contempt. The Rules of Order and Decorum On March 14, 2008, events in the Speaker acknowledged that the re- Standing Committee on Access to port tabled by the Committee had been unanimous and that there was On February 29, Conservative MP Information, Privacy and Ethics Ed Fast rose on a point of order to were the subject of a ruling by the accordingly a prima facie case of privilege. Mr. Murphy moved that ask Liberal MP Shawn Murphy to Speaker. Paul Szabo raised on a apologize for heckling him during point of order contending that the the House find Ms. George in con- tempt and the motion was adopted. statements by Members on Thurs- Committee had adopted a motion, day, February 28, 2008. Mr. Fast al-

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 55 leged that Mr. Murphy, who sits Derek Lee, who raised the point of vincial by-election. On April 7, next to him, made unparliamentary order April 9, the Bill was anti-con- 2008, the Speaker informed the remarks about former Prime Minis- stitutional because it would contra- House that Liberal MP Brenda ter Brian Mulroney, saying, “Hang vene article 27 of the Canadian Chamberlain had resigned as the Mulroney,” and “Put a noose Charter of Rights and Freedoms. The Member for Guelph. around his neck.” On March 3, 2008, Speaker stated that it was not for the Mr. Murphy rose to accept responsi- Chair to pronounce on constitu- Catherine Gérin-Lajoie bility for his inappropriate com- tional questions and that Bill C-505 Procedural Clerk ments and to apologize. was admissible in its current form. Table Research Branch On April 4, Tom Lukiwski, Par- On March 3, 2008, the Minister of liamentary Secretary to the Govern- Agriculture and Agri Food and ment House Leader, rose on a Minister for the Canadian Wheat question of privilege in order to Board, , tabled Bill C-46, apologize for remarks he had made An Act to amend the Canada Wheat in 1991, which had been broadcast Board Act and Chapter 17 of the Stat- in the media the previous day. Mr. utes of Canada, 1998. Liberal Agricul- Lukiwski's remarks were nonethe- ture critic Wayne Easter then rose less subject to much criticism dur- on a point of order to question the ing Question Period in early April. legality of the procedure because, in On April 10, 2008 the Speaker his view, it contravened section 47.1 ruled on a question of privilege of the Canadian Wheat Board Act, raised on March 13, 2008 by NDP which establishes the conditions for n February 4, 2008, Premier Ed MP Yvon Godin, who had alleged the introduction of such a bill in the OStelmach announced in the that Josée Verner, Minister of Cana- House. The Speaker said he would Legislature that he had sought the dian Heritage, Status of Women and take the matter under advisement, dissolution of the 26th Legislature Official Languages, misled the adding that questions of law are not and that a provincial general elec- House concerning an invitation to normally matters for the Chair to tionwouldbeheldonMarch3, appear before the Standing Com- decide. On March 6, 2008, the 2008. mittee on Official Languages. The Speaker ruled that the Bill did not The main issues of the campaign Speaker stated that the Minister's offend the requirements of section included sustainable economic letter of reply to the Committee, in 47.1 of the Act and could therefore growth, environmental protection, which she requested to appear at a proceed. affordable housing, and health care. later date, was somewhat ambigu- Other Matters It was also the first opportunity for ous. He added that, although differ- the electorate to endorse or reject ences of opinion with respect to fact Following by-elections held on Mr. Stelmach's mandate to lead the and details are not infrequent in the March 17, Rob Clarke (Desnethé– provincial government. House, it would have been prefera- Missinippi–Churchill River, CPC); At dissolution, the standings in ble for the Minister to resolve the Martha Hall Findlay (Willowdale, the Legislative Assembly were 61 matter by explaining her decisions Lib.), (Vancouver Progressive Conservatives, 16 Lib- more precisely. He concluded that it Quadra, Lib.) and Bob Rae (Toronto erals, four New Democrats, one Al- remained a dispute as to facts and Centre, Lib.) took their seats in the berta Alliance, and one that it did not constitute sufficient House of Commons when it recon- Independent. Following the March grounds for a finding of a breach of vened after the Easter adjournment, 3 election, the standings in the Leg- privilege. on March 31, 2008. islative Assembly are: Progressive In March the Speaker informed Conservatives – 72, Liberals – nine, Speakers' Rulings the House that a vacancy had oc- and New Democrats – two. curred in the representation of the The Progressive Conservative On April 17, 2008, the Speaker ruled House of Commons, for the Elec- party obtained 53 per cent of the on the admissibility of Bill C-505, An toral District of Saint-Lambert, by popular vote, up from 47 per cent in Act to amend the Canadian Multicul- reason of the resignation of Bloc the 2004 election, and gained 11 turalism Act (non-application in Que- Québécois MP Maka Kotto.Mr. seats in the Legislative Assembly. bec). According to Liberal MP Kotto left to be a candidate in a pro- The election marked the 11th con-

56 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 secutive victory for the Progressive New Cabinet Returning Cabinet Ministers with Conservative Party. Voter turnout different portfolios include: Ron was 41 per cent, down from 46 per Premier Stelmach announced his Stevens, Deputy Premier and Min- cent in 2004. Cabinet on March 12, 2008. Several ister of International and Intergov- The Leader of the Alberta Liberal ministries were reorganized to re- ernmental Relations; Lloyd Party, , was re-elected in flect the government's priorities Snelgrove, President of the Trea- his constituency of Edmon- and four new cabinet posts were sury Board; , Minis- ton-Riverview. Dr. Taft was first created. The number of Cabinet ter of Education; , elected in the provincial general Members is now at 24, including the Minister of Finance and Enterprise; election of 2001. The Liberals ob- Premier. The new cabinet does not , Minister of Health and tained 26 per cent of the popular include any Associate Ministers but Wellness; , Minister vote and lost seven of their previous in an attempt to assist Ministers of Transportation; Gene 16 seats throughout the province. with the demands of their portfolios Zwozdesky, Minister of Aboriginal and to provide government Mem- The Leader of the New Democrat Relations; , bers with Ministry experience the party, , was re-elected Minister of Agriculture and Rural Premier created 10 Parliamentary to the riding of -High- Development; Janice Tarchuk, Assistant positions. Appointed by lands. Mr. Mason was first elected Minister of Children and Youth Ser- the Premier and responsible to the to the Assembly in a by-election in vices; , Minister appropriate Minister, these Parlia- June 2000. Rookie New Democrat of Employment and Immigration; mentary Assistants receive admin- candidate was , Minister of Munici- istrative support from the ministry elected in the Edmonton-Strathcona pal Affairs; and , Minis- and are not part of Cabinet. constituency which had previously ter of Tourism, Parks and Some portfolio changes and addi- been held by retiring New Demo- Recreation. tions include: crat MLA . Ms Notley is Ministers maintaining their pre- the daughter of former Alberta New vious portfolios include: Doug Hor- Democrat leader . Mr. • the Ministry of Infrastructure and ner, Minister of Advanced Notley died tragically in a plane Transportation has been divided Education and Technology; Mel crash in 1984. Having lost two of into two Ministries: Infrastruc- Knight, Minister of Energy; Ted ture which manages govern- Morton, Minister of Sustainable Re- their previous four seats in the elec- ment-owned infrastructure and tion and receiving only nine per municipal infrastructure grants, source Development; and Fred cent of the popular vote, the New and Transportation which fo- Lindsay, Solicitor General and Min- Democrats are no longer a recog- cuses on the provincial highway ister of Public Security. nized party under the Legislative As- network and municipal transpor- Returning Members making their tation grants; sembly Act. first appearance in Premier • The Alberta Alliance Party and International and Intergovern- Stelmach's Cabinet include: Mary mental Relations has taken on re- Anne Jablonski, Minister of Se- the merged in Janu- sponsibility for investment ary 2008 to create the Wildrose Alli- attraction; niors and Community Supports; , Minister of Infra- ance. Paul Hinman,theMember • the new Ministry of Housing and structure; and , Minis- representing the rural constituency Urban Affairs will take over re- of Cardston-Taber-Warner, and the sponsibility for housing services ter of Housing and Urban Affairs. only elected Member of the Alberta from the Ministry of Municipal Three rookie Members have also Alliance, was selected as the leader Affairs; been appointed to Cabinet: Alison of the new party. The Wildrose Alli- • the responsibility for Aboriginal Redford, Minister of Justice and At- ance Party received seven per cent Affairs has been transferred from torney General; , of the popular vote but did not win International and Intergovern- Minister of Culture and Commu- any seats in the Legislature. The mental Relations to the new Min- nity Spirit; and , istry of Aboriginal Relations; constituency of Cardston-Taber- Minister of Service Alberta. • Warner was reclaimed by Progres- the new Ministry of Culture and The ten Parliamentary Assistants sive Conservative candidate Broyce Community Spirit is responsible for community development, the have been assigned the following Jacobs who held the seat before Mr. voluntary sector, culture and her- portfolios: Manmeet BhullartoAd- Hinman's election in 2004. itage attractions, as well as sev- vanced Education and Technology; eral arts and culture funds. to Agriculture and

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 57 Rural Development; Janice Sarich child care spaces in the province the 60 hours of consideration, one to Education; David Xiao to Em- by 2011; vote is taken to approve the esti- • mates unless additional votes are ployment and Immigration; Len improvements to the efficiency required on amendments or if a Webber to Energy; Diana and effectiveness of the health Member has provided notice that McQueen to Environment; Raj care system including the cre- they would like the estimates of a ation of new and expanded facili- particular department voted on Sherman to Health and Wellness; ties; to Municipal separately; • Affairs; Robert Anderson to Solici- increased investment in provin- • the establishment of five Policy cial infrastructure with a signifi- Field Committees each consisting tor General and Public Security; and cant focus on the provincial to Sustainable Re- of 11 Members. The mandates of highway system and traffic these five committees are based source Development. safety; on the government's Cabinet Pol- Spring Sitting • establishment of a government/ icy Committees and encompass industry council to advise on im- the following subject areas: Com- plementation of carbon capture munity Services; the Economy; The Spring Sitting of the 1st Session and storage technology; and Health; Public Safety and Ser- of the 27th Legislature commenced vices; and Resources and Envi- • on April 14, 2008, with the election the creation of a Premier's Coun- ronment. The committees may cil on Arts and Culture. of the presiding officers. Ken review Bills, regulations or pro- spective regulations. The annual Kowalski (P.C. Barrhead- On opening day, the Premier in- reports of each Government de- Morinville-Westlock) surviving a partment, provincial agency, challenge from troduced Bill 1, Trade, Investment Crown-controlled organization, (Lib. Edmonton-Centre), House and Labour Mobility Agreement Imple- board, or commission are also Leader for the Official Opposition, mentation Statutes Amendment Act, permanently referred to the Pol- icy Field Committees and may in- was elected for his fourth term as 2008 (TILMA). The Bill provides the mechanics for the province to fulfill quire into matters within their Speaker of the Legislative Assembly jurisdiction. of Alberta. Mr. Kowalski is the lon- its legislative obligations for the ap- gest serving Member currently in plication of TILMA, an interprovin- cial trade, investment, and labour The amendments have effect un- the Legislative Assembly of Al- til the conclusion of the 2008 Fall Sit- berta. , (P.C. Cal- mobility agreement between Al- berta and which ting and will be reviewed by the gary-Fort) was elected on the Assembly's Standing Committee on second ballot as Deputy Speaker eliminates barriers faced by skilled professionals or tradespeople when Privileges, Elections, Standing Or- and Chair of Committees. Mr. Cao ders and Printing. The Committee has served in the Alberta Legisla- pursuing career opportunities in ei- ther province. must report to the Assembly with ture since 1997. , (P.C. its recommendations no later than Cypress-Medicine Hat) was elected Standing Order Changes October 30, 2008. Deputy Chair of Committees. Mr. Budget 2008 Mitzel was first elected to the As- On April 17, 2008, the Legislative sembly in 2004. Alberta elects its Assembly approved temporary presiding officers by secret ballot. amendments to its Standing Orders. On April 22, 2008, Iris Evans, Min- On April 15, 2008, Lieutenant Some of the amendments were ister of Finance and Enterprise, pre- Governor Norman L. Kwong deliv- modelled on the temporary Stand- sented Budget 2008 and the ered the Speech from the Throne. ing Order amendments approved estimates for the 2008-09 fiscal year. The Speech, entitled “Taking Action by the Assembly in the Spring of Revenue for the 2008-09 fiscal year for Today and Tomorrow,” out- 2007 which were no longer in effect is estimated to be $38.6 billion and lined plans for ensuring sustainable upon dissolution of the 26th Legis- total resource revenue is expected energy development and broaden- lature. to be $11.7 billion. The Minister pro- ing the province's economy to pro- Notable amendments include: jected total expenditures of $37 bil- vide current and future prosperity lion in 2008-09. Surplus revenue is for all Albertans. Other highlights estimated to be $1.6 billion. The • included: changes to the procedure for the Budget increases the base budget consideration of the main esti- for the Department of Health and mates. The Committee of Supply Wellness by 9.1 per cent to $13.2 bil- • will consider the main estimates the pledge to play a leadership lion. Funding for Advanced Educa- role in the creation of 14,000 new for 60 hours. At the conclusion of

58 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 tion and Technology, which Selinger (NDP - St. Boniface) pre- cluding transit services and pub- oversees post-secondary education senting the NDP government's lic safety. programs, will increase by 5.5 per ninth budget. The 2008-2009 total • Providing support for Renais- cent to $3.4 billion while program operating expenditure of $9.8 bil- sance Brandon to help revitalize support for Education will increase lion represents an increase of 6% downtown Brandon. to $5.8 billion. Funding for the De- from 2007-2008. Highlights of the partment of Environment will in- government's “opportunity and During his contribution to the crease by over to $249 million. stability” budget included: budget debate on April 11, 2008 Of- ficial Opposition Leader Hugh Another element of Budget 2008 • Providing $182 million in new was the elimination of health care personal, property and business McFadyen (PC - Fort Whyte) premiums on January 1, 2009. tax relief. moved a motion expressing non-confidence in the government, Other Events • Investing more than $100 million in capital projects at post-second- which stated that the budget failed ary institutions. “to address the priorities of On March 11, 2008, Speaker Manitobans by”: Kowalski hosted a ceremony in the • Investing an additional $5 million • Legislature Building Rotunda rec- in child care to provide more Increasing Manitoba's reliance on spaces, a new training and re- other provinces through equal- ognizing Alberta's Francophone cruitment fund and higher ization payments. community. Les Rendez-vous de la wages. • Francophonie is a celebration of the Increasing Manitoba's staggering • Committing to a multi-year fund- debt load rather than reducing province's French culture and his- ing plan to reduce greenhouse debt. tory. Joining Speaker Kowalski dur- gas emissions by supporting sus- • ing the recognition ceremony were tainable farm practices, trucking Ignoring the priorities of technologies, active transport ini- Manitobans by failing to provide Mr. Goudreau, Minister of Employ- adequate resources to combat ment and Immigration; Mr. Taft, tiatives and green heating tech- nologies. crime. Leader of the Official Opposition; • • Proceeding with the $4-billion, Failing to end hallway medicine, Ms Notley, MLA, representing the as promised, while at the same Third Party Opposition; and Jean 10-year plan to modernize high- ways and bridges across the time nearly doubling the health Johnson, President, Association province. care budget. canadienne-française de l'Alberta. • • Finalizing work on the Red River Ignoring the City of Brandon, Floodway expansion project. Manitoba's second largest urban Micheline Gravel centre. • Clerk of Journals/Table Research Investing $7.2 million to educate • and hire more doctors. Neglecting to better protect Man- Jody Rempel itoba's most vulnerable children Committee Clerk • Providing an additional $3 mil- in the care of the child welfare lion to increase the number of system. nurses, health-care aides and al- • lied health-care workers for per- Failing to address the challenges sonal-care homes in Manitoba. facing the cattle and pork sectors as they deal with low commodity • Providing $8.8 million more to prices, the impact of the high Ca- the Manitoba Agricultural Ser- nadian dollar, rising input costs, vices Corporation to reflect in- pending Country of Origin Label- creasing crop values covered by ling, and the extension of the production insurance. moratorium on the hog industry. • Funding $60 million in loan sup- • Neglecting to reverse the mis- Manitoba ports for hog producers. guided political decision to run • BiPole III down the West Side of n accordance with a sessional or- Introducing disability insurance Lake Winnipeg. for volunteer firefighters in Ab- Ider passed in June 2007, the sec- original and Northern Affairs ond session of the 39th Manitoba communities. On April 16, 2008 Jon Gerrard Legislature resumed on April 9, • Providing more than $200 million (Independent Liberal - River 2008 to consider a new budget and in funding for the City of Winni- Heights) moved a sub-amendment legislative agenda. The session be- peg to provide local services in- to Mr. McFadyen's amendment. Dr. ganwithFinanceMinisterGreg Gerrard identified a number of

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 59 other shortcomings in the govern- tive Assembly Act and the Legislative As- tions on government bills and sembly Management Commission Act, consider legislation. ment's financial plan, including: which would introduce a range of § • amendments, including: The Standing Committee on Crown Failure to address climate change Corporations met in March 2008 to by running a carbon-neutral gov- • Requiring the registration of peo- consider a series of reports from the ernment or implementing a car- ple who lobby the government, Worker's Compensation Board. bon-trading system in Manitoba. government agencies or Mem- § bers of the Legislative Assembly. The Standing Committee on Public • Neglecting the obvious need for Accounts met in April and May 2008 rapid transit to significantly re- • Mandating that elections be held to consider reports from the Auditor duce greenhouse gas emissions. every four years on the second General covering a wide range of top- Tuesday in June; ics including a review of the Crown • Failure to put patients first by Corporations Council, and Audits of continuing to base RHA spend- • Restricting the mailing and print- the Public Accounts. In cooperation ing on global budgets rather than ing privileges of Members before with the office of the Auditor Gen- services delivered. a fixed date election. eral, the Public Accounts committee continues to review and reform its • Failure to implement a plan to re- • Requiring that caucuses of regis- procedures and practices. duce child poverty rates in Mani- tered political parties and Mem- In addition to specifying certain toba. bers who receive a payment for • supplies and assistance under the dates when steps in the budget and Failing to work with the hog in- legislative process must be com- dustry to address environmental Act file an annual financial report issues. relating to the payments. pleted, the sessional order also • • Requiring rules ensuring that ma- states that the House will sit until to Refusing to consider the feasibil- June 12, 2008. ity of an underwater hydro line terials produced or distributed at under Lake Winnipeg. public expense by caucuses and Members are non-partisan. Rick Yarish • Clerk Assistant / On April 21, 2008 Dr. Gerrard's Establishing an annual mailing expense budget for caucuses and Clerk of Committees sub-amendment and Mr. Members. McFadyen's amendment were each Private Member's Bills intro- defeated on recorded votes of yeas duced so far this session by the offi- 21, nays 35, while the main budget cial opposition Progressive motion carried on a recorded vote of Conservatives include: yeas 35, nays 21. § Bill 229 - The Manitoba Public Insurance The government introduced a Corporation Amendment Act (Elimina- number of Bills this spring session, tion of Benefits for Auto Thieves), which including: would deny benefits to a person for injuries received in an accident, § Bill 15 - The Climate Change and Emis- whetherornotthepersonwasat sions Reductions Act, which would set fault, if he or she is convicted of steal- targets for emissions reductions and ing a motor vehicle involved in the ac- require periodic reporting on Mani- cident, or of taking it without the British Columbia toba's progress in achieving those tar- owner's consent. gets. Private Member's Bills intro- ieutenant Governor Stephen § Bill 17 - The Environment Amendment duced so far this session by the inde- Point delivered his first Speech Act (Permanent Ban on Building or Ex- L panding Hog Facilities), which would pendent Liberals include: from the Throne to open the 4th Ses- prohibit the construction or expan- § Bill 223 - The Non-Smokers Health Pro- sion of the 38th Parliament on Feb- sion of confined livestock areas for tection Amendment Act (Protecting ruary 12, 2008. The Speech pigs and pig manure storage facilities Children From Second-Hand Smoke in contained a number of initiatives to in specified areas of Manitoba. Motor Vehicles), which would prohibit further the government's goals of § smoking in motor vehicles in the Bill 18 - The Testing of Bodily Fluids and presence of children. healthier families and sustainable Disclosure Act, which would enable a person who has come into contact Standing Committees of the Man- health delivery; educational excel- with a bodily fluid of another person itoba Legislature have been occu- lence; safe, supportive communi- togetacourtorderrequiringthe ties; and a strong economy. With other person to provide a sample of pied with a number of pursuits in the fluid for testing. recent weeks, including: regard to environmental steward- ship, the government's § § The Standing Committees on Justice Bill 37 - The Lobbyists Registration Act commitments include: and Amendments to the Elections Act, and Social & Economic Development the Elections Finances Act, the Legisla- met in April to hear public presenta-

60 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 • A future investment of $14 billion Members of the Official Opposi- thetaxwouldpenalizenorthern to improve transit and encourage tion were disappointed by the bud- communities, public services and higher density in population get. They pointed out that the low-income families. He also centres; impact of the carbon tax will be pointed out that the 30 percent of • A new green building code; borne by ordinary British emissions excluded from the tax are Columbians. The opposition was mainly produced by the oil, gas and • A “Trees for Tomorrow” pro- gram to encourage reforestation, also concerned that the budget ap- aluminum industries. with a goal of zero net deforesta- peared to contain no measures to Two other bills relating to the en- tion; and make advanced education more af- vironment have recently been intro- • A Citizens' Conservation Council fordable, to help parents find child duced. Bill 31, Greenhouse Gas and a Youth Climate Leadership care, or to help families “struggling Reduction (Emissions Standards) Stat- Alliance. to keep a roof over their heads.” utes Amendment Act, 2008, requires Environmental Legislation reductions in greenhouse gas emis- During the Throne Speech debate sions from sectors including waste the Opposition expressed qualified During the spring sitting, the gov- management and electricity genera- support for the “greening of the ernment introduced more legisla- tion and encourages development province” but claimed that a num- tion to deal with climate change, of a wood bioenergy sector. Bill 38, ber of important issues had been after having enacted the Greenhouse Protected Areas of British Columbia overlooked by the government. In Gas Reduction Targets Act last No- (Conservancies and Parks) Amend- particular, they argued that there vember. Bill 16, Greenhouse Gas Re- ment Act, 2008, legally protects was no specific mention of new ini- duction (Renewable and Low Carbon eleven new Class A parks and tiatives to tackle child poverty and Fuel Requirements) Act requires gas- sixty-six conservancies with almost homelessness, or to raise the oline-class or diesel-class fuel sup- a million hectares of additional minimum wage. pliers to include biofuels in their land. Budget products. Bill 18, Greenhouse Gas Re- Health Legislation duction (Cap and Trade) Act, would Finance Minister put an absolute limit on the emis- The government has introduced presented the budget on February sions responsible for global warm- seven health-related bills this ses- 19, 2008. The government's empha- ing, and is designed to spur sion. These include Bill 24, E-Health sis on the environment continued, innovative and low-cost solutions (Personal Health Information Access with: to reduce carbon pollution. and Protection of Privacy) Act, which The Opposition spoke out against • A new carbon tax, effective July 1, will enable B.C. to become the first 2008; both, arguing that they are enabling province to legislate a framework bills that simply lay out a frame- • governing access and privacy rules A $100 payment to each British work for future action. Since the de- Columbian in June 2008 to offset for health databases. the impact of the carbon tax; tails of both will be decided by The subject of much debate is Bill cabinet and announced through • 21, Medicare Protection Amendment An investment of $1 billion over regulations, opposition energy four years to help make greener Act, 2008, which incorporates in leg- choices easier, more accessible critic John Horgan argued that the islation the principle of and more affordable; and Legislative Assembly will have no sustainability. The Minister of oversight of these important mea- • $95 million to establish a Pacific Health, George Abbott, explained Institute for Climate Solutions. sures. that the amending bill follows Also included in the budget was On April 28, 2008, Ms. Taylor fol- through on a commitment made in more support for low-income fami- lowed up on her key budget mea- the 2006 Throne Speech to define lies, health care and the arts. The sure by introducing Bill 37, Carbon and enshrine the Canada Health major changes to tax policy are a Tax Act. The tax will be revenue Act's five principles and add a sixth personal income tax cut of 5 percent neutral and will apply to virtually principle of sustainability for the on the first $70,000 by 2009 and re- all fossil fuel combustion emissions, province's public health care sys- ductions in the general corporate in- representing about 70 percent of to- tem. However, the Opposition come tax rate (to 11 percent) and for tal emissions in British Columbia. health critic Adrian Dix suggested small business (to 3.5 percent). Opposition environment critic that Bill 21 is an attempt to shift to- Shane Simpson, though, claimed ward more user fees and “a means

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 61 of limiting the scope of public health Les announced his decision to step ment, and resumed its debate on the care.” down from cabinet, pending resolu- Speech from the Throne. The tion of an investigation into matters Throne Speech was delivered on Committee work which occurred prior to his election November 29, 2007 by David C. to the Legislative Assembly. Mr. Les Onley, Lieutenant Governor of On- Two parliamentary committees was first elected to the Legislative tario. A number of newly elected have been active so far this session. Assembly in 2001, and was Members presented their inaugural The Select Standing Committee on re-elected in 2005. He previously speeches in the Legislature during ChildrenandYouthwasreap- served as Minister of Small Business the debate. pointed on March 4, 2008, to con- and Economic Development. He On the first day of the spring sit- tinue its work focusing on the B.C. will continue to represent his con- ting, Speaker Steve Peters made a child welfare system. Over the last stituentsastheMemberfor statement regarding the conduct of few months, the Committee has met Chilliwack-Sumas. business in the House. Through the to consider several reports includ- has assumed following weeks, the Speaker took ing: the Representative for Children the duties of Minister of Public several more opportunities to draw and Youth's review of the govern- Safety and Solicitor General, in ad- the House's attention to matters of ment's progress on implementing dition to his existing portfolio of procedure and practice, making recommended changes to the B.C.'s Minister of State for Intergovern- statements regarding the use of lan- child welfare policies; a report on mental Relations. Mr. van Dongen guage, tone, and interjections by the educational outcomes of chil- was first elected in 1995 and previ- Members; and clarifying the rules dren in care; and a referral report – ously served as Minister of Agricul- around the use of supplementary with 11 recommendations to im- ture, Food and Fisheries. questions during Oral Questions, prove systems of child protection – and statements of purpose during stemming from an inter-disciplin- Recognition Introduction of Bills. ary investigation into four historic child deaths in northern British Co- On Wednesday April 9, 2008, the Two sets of Supplementary Esti- lumbia. precinct staff held a celebration in mates for the 2007-2008 fiscal year The Special Committee to Review honour of E. George MacMinn, were tabled in the House and the Personal Information Protection Q.C., Clerk of the House on the oc- deemed to be received and con- Act, which was first appointed a casion of his 50th year of service to curred in. On April 1 the Speaker year ago, has completed its statu- the Legislative Assembly of British announced that Royal Assent had tory review. The committee chair, Columbia. Mr. MacMinn is the lon- been granted to Bill 45, An Act to au- , tabled the report gest serving table officer in the thorize the expenditure of certain Streamlining British Columbia's Pri- Commonwealth and has served ten amounts for the fiscal year ending vate Sector Privacy Law on April 17, Premiers, fourteen Speakers and March 31, 2008. 2008. Where appropriate the re- hundreds of MLAs. On March 25, Dwight Duncan, port's recommendations are consis- Minister of Finance, presented On- tent with those of the recent reviews Kathryn Butler tario's 2008 Budget. The Budget of similar privacy laws in Alberta Committee Researcher forecasts total expenditures of $96.2 and at the federal level. To fill gaps billion, and a surplus of $600 mil- in the B.C. law, the Committee lion. On April 2, after three days of urged government to consider re- debate, the House voted to approve quiring private-sector organiza- in general the budgetary policy of tions to be responsible for personal the Government. information transferred outside The Speaker ruled on a number of Canada, as well as requiring man- points of privilege that were raised datory notification of privacy in the House, concerning: a possible breaches in certain circumstances. disclosure of Budget contents; Gov- ernment announcements not made Cabinet Changes Ontario available to Opposition members; the proposed introduction of a tax On March 28, 2008, Minister of Pub- not mentioned in the Budget; and lic Safety and Solicitor General John n March 17, the House resumed Ositting after the winter adjourn-

62 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 events that occurred during a meet- port its recommendations back to clause-by-clause consideration of ing of a Standing Committee. the House during the first week of Bill 44, An Act respecting Budget mea- the fall sitting. sures, interim appropriations and other Prayer Panel matters. Recall of the Legislature A panel of Members of Provincial The Standing Committee on Gov- Parliament, chaired by the Speaker, On Saturday, April 26, in response ernment Agencies resumed consid- was convened to review the tradi- to a strike by employees of the To- eration of intended appointments to tional practice of reciting prayers at ronto Transit Commission, the city's Ontario Government agencies, the beginning of each day of the public transit provider, that began boards and commissions, pursuant Legislature. The Speaker has in- at midnight that day, an Order in to its permanent mandate. vited the public's submissions on Council was delivered to the Twenty-four nominees were inter- the subject, which may be filed on Speaker, requesting him to recon- viewed by the Committee during the Legislative Assembly's website. vene the Legislative Assembly on March and April. In addition, the The panel is expected to hold con- Sunday, April 27. At this extraordi- Committee agreed on a work plan sultations with the public. nary session of the Legislature, the under its mandate to conduct re- following bill was introduced, de- views of the operation of agencies. Changes to the Standing Orders bated and passed with unanimous During the summer and winter re- consent: Bill 66, An Act to resolve la- cesses of the coming year, the Com- The House debated and passed a bour disputes between the Toronto mittee will review the following 6 motion to amend the Standing Or- Transit Commission and Local 113, agencies (2 selected per caucus): ders that will revise, inter alia, the Amalgamated Transit Union, Lodge Human Rights Legal Support Cen- weekly meeting schedule of the 235, International Association of Ma- tre; Ontario Educational Communi- Legislative Assembly. The start chinists and Aerospace Workers, and cations Authority (TVOntario); time of the daily (Monday-Thurs- Canadian Union of Public Employees, Ontario Securities Commission; day) House sitting will move to 9:00 Local 2. The Act received Royal As- Ontario Infrastructure Projects Cor- a.m. from 1:30 p.m. Evening sittings sent on Sunday afternoon, leading poration (Infrastructure Ontario); will be eliminated, except during to the resumption of transit Human Rights Tribunal of Ontario; the last two weeks of either the operations the same day. and Ontario Trillium Foundation. spring or fall sitting. Oral Questions The Standing Committee on Jus- will move to the morning from the Committees tice Policy met on April 16 for afternoon. The number of items of clause-by-clause consideration of Private Members' Public Business The 2008-2009 Expenditure Esti- Bill 16, An Act to amend Christopher's that the House will consider weekly mates were tabled in the House on Law (Sex Offender Registry), 2000.As will increase from two to three. Also April 9 and deemed referred to the per its explanatory note, the bill pro- new is the addition of the proceed- Standing Committee on Estimates. vides for the establishment and ing “Introduction of Visitors” at The Committee selected the esti- maintenance of a provincial sex of- 10:45 a.m. each day, at which time mates of twelve ministries for re- fender registry and requires per- the Speaker will introduce guests in view and sent the unselected sons convicted of a sex offence or the Chamber galleries on behalf of estimates back to the House. On found not criminally responsible of the Members. It will be out of order April 29, the Committee began its a sex offence on account of mental for any other guests to be consideration of the estimates of the disorder to register in person at introduced by any Member. Ministry of Economic Development their local police station on certain The changes take effect on May 5 and Trade, the first ministry triggering events (for example, on a provisional basis until early in selected. upon being released from custody the fall sitting, at which time the The Standing Committee on Fi- for a sex offence) and annually House may extend or permanently nance and Economic Affairs met thereafter. The Bill amends the Act adopt the provisional Standing Or- during the winter adjournment to by adding the following situations ders, with or without amendment. write its report on the pre-Budget that will trigger a reporting obliga- The Standing Committee on the consultations that it had conducted tion: being ordered to serve a sen- Legislative Assembly will meet in January. The Chair presented the tence for a sex offence during the summer adjournment to report to the House on March 17. intermittently; and being released consider the changes and will re- The Committee met on April 24 for from custody pending the

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 63 determination of an appeal in called February 13, 2008 to consider mation of the tax system. New relation to a sex offence. back-to-work legislation for strik- Brunswick's overall tax burden is On March 31, the Chair of the ing CUPE workers. The House sub- competitive, but significant reforms Standing Committee on the Legisla- sequently adjourned until March 11 will be required to support self-suf- tive Assembly tabled the Commit- following Human Resources Minis- ficiency.” tee's report prescribing, pursuant to ter Wally Stiles' announcement In responding to the Budget its permanent mandate, the minis- that a tentative agreement with Speech on March 20, Finance Critic tries and offices assigned to certain CUPE 1251 had been reached. and Opposition Leader Jeannot Volpé noted: “The Liberals have Standing Committees of the Legis- Budget lative Assembly. In April, the Com- taken away the political and demo- cratic process in New Brunswick by mittee invited André Marin, On March 18, Finance Minister Vic- eliminating regional authorities, Ombudsman of Ontario, to appear tor Boudreau brought down the cutting prebudget consultations, before the Committee and brief the 2008-2009 budget, noting that it was and canceling public consultations Members on his role. Mr. Marin balanced with no tax increases and a on forestry.” spoke about his experiences to date surplus of $19 million. Among the and explained that he is “account- measures outlined: an increase of The Opposition Leader stated able to members of the Legislative $113.3 million in health-care spend- that the budget failed to help chil- Assembly and to the public for the ing; an increase of $63.5 million in dren access the bilingual language way[he]approach[es]anygiven K-12 education; an additional $12 training needed to access attractive complaint and issues that may million in financial assistance to job opportunities later on and failed present themselves.” universities; funding to hire 43 new to meet its objective of achieving The Standing Committee on Reg- social workers; an increase of 3.4 per self-sufficiency because, instead of ulations and Private Bills met sev- cent for the Department of Social moving away from federal trans- eral times to consider applications Development; continued phase-out fers, it was becoming more depend- for private legislation, many of of the large corporation capital tax; ent on them, as the 12.5% increase which were requests for a corporate funding to complete a comprehen- since 2006-07 indicates. Mr. Volpé revival. At the Committee's request sive Environmental Impact Assess- stated that the budget failed to ad- for information about the kinds of ment on the proposal by Irving Oil dress all New Brunswick regions, corporate dissolutions that need to Ltd. to construct and operate facili- including the northwestern part of be revived by private legislation, Se- ties for a petroleum refinery; a re- the province. nior Counsel from the Ministry of quest that government departments The Opposition Leader noted Government and Consumer Ser- realize a total of $15 million in pro- that the Government was not living vices appeared before the Commit- gram administrative savings; the up to a number of promises: no tax tee and addressed the Members' creation of a trust fund for restora- increases, the HST rebate on home questions on the subject. tion of the Petitcodiac River; and heating for all New Brunswickers, new funding for the Fisheries Re- to help the fish plant workers, to Sylwia Przezdziecki newal Framework and for strategic add 12,000 new seats in community Committee Clerk investments in the agriculture and colleges, to implement a public au- aquaculture industries. The govern- tomobile insurance and to remove ment will table a green paper outlin- territories, to have 3.5 hours of care ing options to reform the tax system for seniors after two years, to in- focussed on personal income tax, crease the silviculture program corporate income tax, property from $8 million to $10 million and taxes for individuals and busi- spread it over 10 years, and to build nesses, consumption taxes, and fuel 300 km of wildlife fencing along taxes. A select committee of the Leg- highway-collision hot spots within islature will be appointed to con- two years. duct consultations with Legislation New Brunswick stakeholders and report recommen- dations. The minister noted: “One The government introduced a num- he Second Session of the of the pillars supporting our ber of noteworthy pieces of Legisla- TFifty-sixth Legislature was re- self-sufficiency objective is transfor- tion. The majority of debate centred

64 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 around the changes to the prov- makers, health managers, health changes respecting the annual ince's health care system. professionals and academic institu- indemnity and the annual expense An Act to Amend the Regional tions, the citizen-oriented, expert allowance, that is the changeover Health Authorities Act,introduced resource council will promote and from a non-taxable plan to taxable by Health Minister Michael improve health system perfor- income and provides for a manda- Murphy proposed to reduce the mance through monitoring and tory review of members' compensa- province's Regional Health Author- public reporting and will provide tion by an independent body at ities from eight to two; create a New evaluation and recommendations regular intervals. Brunswick Health Council to pro- on how to improve the health sys- An amendment to the Executive vide residents with opportunities tem. Council Act proposes increases in for meaningful input and dialogue Changes proposed to the Legisla- the annual salary of the Premier and on health matters; and to consoli- tive Assembly Act implement the ma- Members of the Executive Council date, under a new public sector jority of the recommendations of the at the rates recommended in the Re- company, selected non-clinical ser- Report of the MLA Compensation Re- port of the MLA Compensation Re- vices now carried out by the health view Commission 2007, view Commission, 2007, postpones authorities. According to the minis- (http://www.gnb.ca/legis/Promos/ the annual adjustment of these sala- ter, the consolidation is expected to CRC CER/index e.asp) filed with ries until January 1, 2009 and pro- generate savings of $4.6 million a the Speaker January 14, 2008. The poses to make the changes effective year within three years, $19.4 mil- Bill eliminates the member's April 1, 2008. lion annually within five years non-taxable expense allowance, As rising flood waters threatened which will be directed into new in- adds a taxable equivalent value to to inundate the Legislative Com- formation and technology systems, the annual indemnity, authorizes plex, New Brunswick's MLAs including those needed to create the payment of a taxable and non pen- worked steadily through extended One Patient One Record vision. sionable sum for each day a Mem- hours on April 29 and 30. While Forty hours of House debate was ber is engaged in work of a moving vans removed everything spent on Bill 34, An Act to Amend the committee; puts in place a mecha- from basement levels in the event of Regional Health Authorities Act. The nism for requiring that expenses re- a possible extended relocation of majority of this time was taken up lating to committee attendance be the Legislature, 23 government Bills by Opposition Leader Volpé. In a reimbursable upon the production were considered in Committee of general debate, Members may of receipts; reduces the number of the Whole. Prior to adjourning on speak up to forty minutes under ex- sessions of pensionable service that April 30, two days earlier than isting rules; there is, however, no may be used to calculate the re-es- scheduled, Lieutenant-Governor time limit for either the Premier or tablishment allowance; provides a Herménégilde Chiasson gave the Leader of the Opposition. The career counseling or re-training al- Royal Assent to 27 Bills. House subsequently passed a mo- lowance for former members; links Following Prime Minister Ste- tion to limit the debate on the Bill to the salary of the Speaker, the Dep- phen Harper's announcement to three more hours at second reading, uty Speakers, the Leader of the Op- extend the term of Lieutenant-Gov- ten hours during Committee of the position and other parliamentary ernor Chiasson until September 30, Whole, and two hours at the third office holders to a percentage of the 2009, a motion introduced by a gov- reading stage. Premier's salary and the salaries of ernment private member, request- The Minister of Health intro- members of the Executive Council. ing that the Prime Minister extend duced the New Brunswick Health In addition, the Bill imposes higher His Honour's term to allow him to Council Act noting that a key com- monetary sanctions for absences represent the Crown and the prov- ponent of the new and improved from sittings of the Legislative As- ince at the Congrès mondial acadien health system is the creation of a sembly and similar sanctions for in 2009 in Caraquet, N.B., was new, strong voice for citizens. It was suspensions, and requires that withdrawn. members who are absent for rea- noted that the Council will be a key During the session and during sons other than those stated in the citizen engagement mechanism, as- the sometimes raucous and heated Act file a declaration with the sessing population health and satis- debates, one member was ordered Speaker. It allows members ineligi- faction with the health system. to withdraw from the House for re- ble to participate in the member's Comprised of up to 16 members fusing to withdraw unparliamen- pension plan to opt out of the representing communities, policy tary language. Question Period was

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 65 dominated by questions relating to When the House resumed sitting opened on April 4, 2008, with the Forestry (Forests/Forest Indus- on May 13, 2008, Premier Shawn Speech from the Throne delivered try/Silviculture), Public Health Au- Graham thanked all New by Barbara A. Hagerman, Lieuten- thorities; French Immersion; and Brunswickers who led the remark- ant Governor of Prince Edward Is- Electricity-No Disconnet Policy. able flood response: the govern- land. The speech, with its theme of ment Departments of Public Safety, “One Island Community – One Is- Flood Transportation, Health, and the land Future,” outlined a number of Emergency Measures Organiza- initiatives to be undertaken over the The 1973 St. John River flood caused tion, local governments and local next months and years: the reloca- extensive damage to the Main Leg- authorities - police and firefighters, tion of two government depart- islative Assembly Building, the Old the Red Cross and the hundreds of ments outside of the capital city by Education Building, and the De- volunteers who worked so that peo- 2010, the provision of high speed partmental Building. Other build- ple could be safe during the flood internet services to all areas of the ings in close proximity which are and who continue to work during province, the establishment of the now part of the complex were also the recovery period. Premier Gra- George Coles Bursary, valued at up hard hit. ham stated “The spirit, the selfless- to $2000, available to every In an effort to avoid a repeat expe- ness and the determination shown first-year Island student entering a rience when all indications pre- by New Brunswickers has been provincially-funded post-second- dicted a similar scenario, truly inspiring.” ary educational institution, the un- Legislative staff organized flood veiling of a “Buy PEI” campaign, plans for all branches of the Legisla- The Premier noted that the prov- the appointment of a Commissioner tive Assembly. The Legislative Ad- ince's recovery package involves on Land and Local Governance, and ministration Committee three elements: the declaration of a new public holi- implemented part of the Business • complementary assistance, in- day on the second Monday in Feb- Continuity Plan to safeguard assets cluding water and electrical test- ruary of each year as “Islander in the basement of the Main Legisla- ing to ensure safety; Day,” among other measures. tive Building. As a result, the cafete- • health and safety inspections, to ria and television broadcast system assess damage and determine Budget ceased April 30. Power was shut off what repairs are required for resi- dents to safely return to their to the Departmental, Old Education homes;. Wes Sheridan, Provincial Trea- and Legislative Buildings including surer, introduced his second budget • the Legislative Library. All build- disaster financial assistance, on April 23, 2008, which contained which will be available to cover ings including Government Docu- the costs of repairs. expenditures of $1.387 billion. ments, and the Jewett and The House is expected to rise for Health continued to account for the Edgecombe Houses, were evacu- the summer recess in late May or largest share of provincial expendi- ated until further notice. The Office early June. ture at just over $398 million, fol- of the Clerk was temporarily relo- lowedbyEducationandEarly cated to the University of New Diane Taylor Myles Childhood Development at $294 Brunswick Campus. Following de- Researcher and Journals Clerk million, and Social Services and Se- contamination and utility inspec- niors at $119 million. A deficit of tions, most staff were allowed to $34.9 million is projected for the return on May 8. Although the current year. buildings suffered little actual flood There was only one tax measure damage when pumps installed di- announced in the budget speech verted the bulk of the rising water, which was to raise the tax on to- the upheaval caused by the removal bacco by five dollars per carton. of tons of stored documents, books, Smoke Free Places Act technical equipment, furniture and Consultations appliances, led to the closure of the Prince Edward Island Parliamentary Channel (TV 70), Proposed amendments to the Smoke cafeteria, and basement offices until Free Places Act were tabled by Doug further notice. he Second Session of the Currie, Minister of Health on April TSixty-third General Assembly 9, 2008, as a consultation document.

66 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 The amendments include beer in cans for the first time in vanced Learning; and Gerard changes to the existing legislation several decades. The legislation Greenan is the Minister of Educa- implements a deposit and return that will prohibit smoking in motor system for all beverage contain- tion and Early Childhood Develop- vehicles when minors are present. ers, except dairy containers, sold ment. Government is also proposing at Island retailers. Committee Activity amendments to the Act that will Change in Government prohibit smoking on hospital Departments The various standing committees grounds and will eliminate indoor maintained a busy and productive smoking areas in long term care fa- Major changes concerning three schedule during the winter of 2008. cilities. The amendments proposed government departments were an- They held a total of 34 meetings, and to the regulations made under the nounced on April 3, 2008. Premier filed nine reports with the Legisla- Act will also limit outdoor smoking Robert Ghiz said, “The changes in tive Assembly. areas in certain public places where ministerial duties and departmen- On November 1, 2007, a motion smoking is currently allowed, such tal responsibilities reflect the need was passed in the Legislative As- as provincial parks and patios and to improve the way services and sembly of Prince Edward Island decks of eating establishments and programs are provided to Island- giving the Standing Committee on licensed premises. ers.” He indicated that a new em- Agriculture, Forestry and Environ- “Consultations will take place to phasis on rural development will ment a mandate to review the im- discuss how the legislation will be assist many communities in the plementation and potential impacts implemented," said Minister Cur- province to thrive in a changing of a province-wide ban on the use of rie. "Any changes to the current leg- world. cosmetic lawn pesticides. In carry- islation that impact business The Department of Fisheries, ing out its work, the committee held owners will be phased in to give Aquaculture and Rural Develop- seven meetings to consider the is- them time to comply with amend- ment has been given the mandate of sue, and received briefs and heard ments to the Act.” contributing to the growth of a sus- presentations from a total of 173 Significant Legislation tainable, prosperous fishing and groups and individuals. In addi- aquaculture industry and to pro- tion, the committee reviewed brief- A number of pieces of significant vide policy leadership in develop- ing notes prepared by its staff legislation were considered during ment new approaches to rural researcher; and examined other in- the Second Session of the community development, service formation provided by the various Sixty-third General Assembly. delivery and employment pro- presenters in support of their testi- Among them: grams. The Department of Innova- mony. Committee members also re- tion and Advanced Learning will • ceived numerous telephone calls, An Act to Amend the Election Act foster and promote the develop- (Bill No. 7) which changes the emails, and had many personal con- date of general elections from the ment of the province's knowledge tacts which served to reinforce the second Monday in May to the economy by integrating the innova- importanceoftheissuetothe first Monday of October in every tion agenda with government's ad- people of Prince Edward Island. fourth calendar year. This sets the vanced learning activities, Public input included a number date of the next general election developing a pro-business invest- on Monday, October 3, 2011. of issues related to cosmetic pesti- ment climate and providing policy cides, including short-term and • An Act to Amend the Pharmacy Act leadership and direction. The De- long-term impacts on human (Bill No 10) amends the definition partment of Education and Early of the term “practice of phar- health; environmental concerns; de- macy” to recognize that it may in- Childhood Development will be re- grees of risk associated with various clude the prescription of drugs. sponsible for focusing its efforts on ingredients or components of pesti- advancing the quality of public ed- • Beverage Containers Act (Bill No. cides; ethical considerations; and 14) was perhaps the most ucation and integrating early economic consequences. In the widely-anticipated piece of legis- childhood development for the long main, the testimony and written lation of the spring sitting. It ends term benefit of the province's youth. briefs focused on the desirability or the province's prohibition on the Allan Campbell is the Minister of sale of flavoured, carbonated necessity of instituting restrictions beverages in non-refillable con- Fisheries, Aquaculture and Rural on the use of cosmetic pesticides, tainers. As of May 3, 2008, Island- Development; Richard Brown is rather than concentrating on poten- ers may legally purchase pop and the Minister of Innovation and Ad- tial impacts and implications if such

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 67 restrictions were implemented. The nies be offered financial supports and groups on the topic, was relative safety versus potential for training in pesticide-free briefed on three occasions by the dangers of using pesticides for methods of lawn care during the Auditor General, and reviewed in cosmetic purposes was a common phase-in period. excess of 900 pages of background theme. The Standing Committee on materials. Work is continuing on Over the course of the public con- Community Affairs and Economic the file, and the Committee expects sultations, the committee found that Development was charged, by mo- to make a final report later this year. positions on the use of cosmetic tion, on October 26, 2007, with con- The Standing Committee on Pub- lawn pesticides were relatively en- ducting public hearings on Sunday lic Accounts reviewed, in detail, the trenched. Arguments were ad- shopping to solicit the views of Is- annual Report of the Auditor General vanced on both sides regarding the landers. As previously reported, to the Legislative Assembly, as well as effects and safety of pesticides. Prince Edward Island defines “holi- the Small Claims Process Audit Report There were those who believed that day” to include every Sunday that June 2007, dated March 11, 2008. consumers benefit from reasonable falls between December 25 of any The Committee is awaiting a report access and use of cosmetic pesti- year and the Friday before Victoria prepared by the Public Service cides; others held the view that ben- Day of the following year, and retail Commission concerning the 2005 efits are transient, while the business are not permitted to be workforce renewal program which population as a whole may have to open, although this does not apply offered incentives to employees to bear health and environmental to a variety of operations, including leave government voluntarily risks. gas stations, convenience stores, through early retirement or volun- The committee did not comment restaurants, and pharmacies. tary severance opportunities. on the relative safety or risks associ- A total of 36 individuals and The Standing Committee on So- ated with cosmetic pesticides, nor groups made personal presenta- cial Development met with a num- did it decide in favour of or against tions to the committee, and an addi- ber of organizations throughout banning the use of those chemicals. tional 124 written submissions were early 2008 on a wide variety of so- Instead, assuming that if a provin- received. As a result of its consulta- cial issues. After reviewing all sub- cial ban on the use of cosmetic lawn tions, the committee made three rec- missions and careful deliberation, pesticides became a reality, the ommendations to the Legislative the Committee put forward several committee deliberated on how such Assembly: (1) that retail stores be recommendations, perhaps most restrictions might be implemented granted the option to open on importantly that a dedicated minis- and what the effects or potential Sunday year round, if they so ter be considered for the depart- impacts of a ban would be. choose; (2) that retail stores be pro- ment of Social Services and Seniors, In its report, dated April 22, 2008, hibited from opening for business to be called the Minister of Social the committee made seven recom- until 12 noon on Sundays; and (3) Services and Seniors. Currently, mendations to be effective if restric- that the provisions of the Employ- there is one minister responsible for tions on the use of pesticides for ment Standards Act and the Youth health, and social services and se- cosmetic reasons are implemented: Employment Act continue to be up- niors. The Committee also recom- that agricultural use of pesticides be held by both employers and em- mended the creation of a Disability unaffected; that restrictions be ployees. Secretariat be considered, and that province-wide, rather than the re- On November 1, 2007, a motion government consider pursuing a sponsibility of a municipality; that a was adopted by the Legislative As- thorough review of the Department three-year phased in approach be sembly instructing the Standing of Social Services. used; that exemptions be put in Committee on Fisheries, Intergov- The Standing Committee on place for golf courses and to deal ernmental Affairs and Transporta- Rules, Privileges and Private Bills is with emergency situations; that po- tion to conduct a thorough review of continuing its work on reviewing tential restrictions be extended to the collapse of Polar Foods Interna- the rules of the Legislative Assem- the sale of pesticides used for cos- tional Inc., a business failure the Au- bly. In its April 2008 report, the metic purposes; that government ditor General identified as costing Committee recommended the lead by example by using alterna- Island taxpayers approximately $31 adoption of a parliamentary calen- tive pest management strategies on million. To date, the Committee has dar, a historic first for Prince Ed- provincially-owned property; and held seven public hearings, re- ward Island. The spring sitting of that professional lawn-care compa- ceived input from 18 individuals the Assembly will commence dur-

68 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008 ing the first week of April each year, year. Of that number, two deserve Senate Public Bills and the fall sitting will open on the special attention as a result of the first sitting day following unusual practices surrounding Bill S-220, An Act respecting a Na- Remembrance Day each year. their adoption. Bill C-3, among oth- tional Blood Donor Week, received ers, was introduced in response to royal assent on February 14. This Other Matters the Supreme Court of Canada's Feb- was the first private senator's public ruary 2007 ruling that the proce- bill to receive royal assent since the Longer days and warmer tempera- dure for judicial approval of end of the 1st Session of the 38th tures, the appearance of the first security certificates was incompati- Parliament. It was followed by pub- daffodils and robins are all wel- ble with the Canadian Charter of lic bill S-203, which received royal come signs of spring. Prince Ed- Rights and Freedoms and was there- assent on April 17. ward Islanders, along with all fore inoperative. The Court sus- A total of five bills received royal Canadians, look forward to these pended its declaration for one year assent between February and the harbingers of the season. But in this (until February 23, 2008) to enable end of April. The Governor General province, there is one more sign that Parliament to amend the procedure. granted royal assent to three gov- winter has ended and that is the an- Given its urgent nature, senators ernment bills – C-8, C-2 and C-44 – nual announcement in the House of lost no time in studying the bill and at the traditional ceremony in the the opening of Gillis's Drive-In, a referring it to committee. The Spe- Senate Chamber. Marshall 1950s-style eating establishment lo- cial Senate Committee on Anti ter- Rothstein and Morris Fish, Puisne cated in Montague, Prince Edward rorism reported to the Senate on Judges of the Supreme Court of Island. The tradition of welcoming February 12. In the brief time allot- Canada, in their capacity as Depu- Islanders to enjoy home-made pies ted to them to study the bill, com- ties of the Governor General, also and old-fashioned milkshakes, mittee members sat for more than 10 granted royal assent to appropria- among other treats, originated in hours and heard from nearly 40 wit- tion Bills C-48 and C-49, as well as 1994 by the member from the area, nesses and reported the bill without Bills C-9, S-203, C-298, C-37 and Peter Doucette. This year marks the amendment, but with certain obser- C-40 by written declaration. 15th anniversary of the tradition vations. The bill was read for the which is being carried on by the Committee Reports third time and passed, on division, present member for Montague- and received royal assent on Kilmuir, Jim Bagnall. As always, the Senate committees February 14. Prince Edward Island will host play a leading role in the study of the 27th Atlantic Provinces Parlia- Bill C-2, An Act to amend the Crimi- legislation and of the various social mentary Conference in Charlotte- nal Code and to make consequential issues relating to their mandate. town from June 19-22, 2008. amendments to other Acts, combined Over the winter of 2008, certain five bills that had been handled sep- standing and special committees Marian Johnston arately during the 1st Session of the completed special studies worthy of Clerk Assistant and 39th Parliament. This was a priority note. Among others, on February 7, Clerk of Committees bill for the government consistent the Standing Senate Committee on with the objectives of the Throne Transport and Communications ta- Speech. The bill had moreover been bled the report on its study of Indus- the subject of a vote of confidence in try Canada's Proposal for a Spectrum the House of Commons. While it Licence Fee for Broadband Public was being studied in committee, the Safety Communications in the Fre- House of Commons sent a message quency Band 4940 4990 MHz. to the Senate urging it to give Bill In March and April, the Subcom- C-2 priority and to pass it before mittee on Population Health of the March 1. The bill passed on third Standing Senate Committee on So- reading by a recorded vote in which cial Affairs, Science and Technology 19 senators voted for it, 16 against tabled its Seventh, Eighth, Ninth Senate and 31 abstained. Bill C-2 received and Tenth interim reports. The Sub- royal assent by the Governor Gen- committee focused particularly on ifteen bills received royal assent eral on February 28 in the the measures the federal govern- Ffrom February to April of this traditional ceremony in the Senate.

SUMMER 2008/CANADIAN PARLIAMENTARY REVIEW 69 ment should take to implement a on April 17, ruled that royal consent Speaker ruled that it was customary population health policy. was not necessary since the bill af- for the Senate to focus on what takes On March 4, the Standing Senate fected no prerogative. place in its precincts and outside Committee on Energy, the Environ- On March 11, Senator Lowell Parliament, and not to engage in ment and Natural Resources tabled Murray, P.C., also rose on a point of discussions about the proceedings its Sixth Report on its review of the order concerning the conduct of or procedures of the other place. question period during certain sit- Canadian Environmental Protection Other Notable Events Act (1999, c. 33) entitled The Cana- tings of the Senate. In his view, a number of questions concerning a dian Environmental Protection Act On February 28, the Senate ex- vote of confidence held in the House (1999, c. 33) - Rx: Strengthen and Ap- tended the period of statements by of Commons in May 2005 should ply Diligently. senators to pay tribute to Jacques not have been asked because they In March, the Special Senate Hébert, who had died on December concerned matters not within the Committee on Aging published an 6, 2007. Appointed by Prime Minis- administrative responsibility of the interim report entitled Issues and ter Pierre Elliott Trudeau,Mr. government and a vote held in the Options for an Aging Population,in Hébert was a member of the Senate other place, and thus a situation that which it identified the key public from 1983 to 1998. He was an au- the Senate should not discuss. policy issues respecting the aging of thor, editor and journalist. In the the population and presented a set After taking the matter under ad- Senate, he held the offices of gov- of potential options for addressing visement, the Speaker ruled that, ernment whip and opposition them. under the Rules of the Senate, the whip. Leader of the Government in the The motions of Senators Tommy Points of Order / Speaker's Senate should have answered ques- Rulings Banks and Hugh Segal were tions concerning “public affairs” in adopted on February 13 and April general. That is a very broad expres- On February 14, Senator Gerald 16, concerning respectively the fu- sion and, in view of the fact that the Comeau rose on a point of order ture of the institutions of the Parlia- Senate favours the exchange of in- concerning Bill S-224, An Act to ment of Canada and the formation, the Speaker ruled that it amend the Parliament of Canada Act negotiations for a free trade agree- would have been improper to rule (vacancies), which, in his view, re- ment with the European Union. the questions concerned out of or- quired royal consent before it could der unless they had been clearly in- pass in the Senate. The Speaker took Marie-Eve Belzile appropriate. As regards the second the matter under advisement and, Procedural Clerk point raised by the senator, the

70 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2008