Legislative Reports

Okalik resigned his seat in the Legislation Legislative Assembly in order A dozen bills have been passed to to stand for office in the st41 date by the Legislative Assembly Canadian general election, which during the 3rd Session: was held on May 2, 2011. • Bill 1, Appropriation (Operations When the Legislative and Maintenance) Act, 2011-2012 Assembly reconvened on May • Bill 2, An Act to Amend the he winter 2011 sitting of 31, 2011, for its spring sitting, Scientists Act Tthe Legislative Assembly Centre MLA Hunter • Bill 3, An Act to Amend the convened on February 22, Tootoo was elected to serve as Income Tax Act 2011. The House unanimously Speaker. Speaker Tootoo is the • Bill 4, Miscellaneous Statutes adopted motions at its sitting longest-serving Member of the Amendment Act, 2011 of February 25, 2011, to invite Legislative Assembly, having • Bill 5, Miscellaneous Statutes witnesses from the Government been elected in the 1st territorial Amendment Act, 2011, No. 2 of Canada and Northern retailers general election of February 1999. • Bill 6, Supplementary to appear before the Committee Appropriation (Capital) Act, Senior executives from the No. 1, 2011-2012 of the Whole during the spring North West Company, Arctic • Bill 7, Supplementary sitting to respond to Members’ Co-operatives Limited and questions concerning the federal Appropriation (Operations and Arctic Ventures appeared before Maintenance) Act, No. 5, 2010- Nutrition North Canada Program. the Committee of the Whole 2011 The motions were moved by from June 1-2, 2011. Members • Bill 8, Supplementary Appropriation MLA Ron Elliott and from both sides of the House (Operations and Maintenance) Act, seconded by posed a number of questions No. 1, 2011-2012 MLA Tagak Curley. and interventions during these • Bill 9, An Act to Amend the Child nd rd The 2 Session of the 3 deliberations. and Family Services Act Legislative Assembly was Committee of the Whole • Bill 10, An Act to Amend the prorogued on February 25, 2011. Nunavut Housing Corporation Act proceedings during the spring The 3rd Session convened on sitting also included Members’ • Bill 11, Legislative Assembly February 28, 2011. Commissioner Statutes Amendment Act consideration of the Government of Nunavut Edna Ekhivalak Elias of Nunavut’s most recent • Bill 12, An Act Respecting delivered the Opening Address. Nunavut Elections annual reports on departmental Minister of Finance and contracting, procurement and Committee Activities Cambridge Bay MLA Keith leasing activities, in addition Peterson delivered the Budget to those of the Qulliq Energy The Standing Committee on Address on March 1, 2011. The Corporation. Oversight of Government proceedings of the Committee of Operations and Public Accounts The House adjourned for the the Whole during the winter 2011 held hearings from April 14-15, summer recess at the conclusion sitting of the House were dominated 2011, on the 2011 Report of of its sitting of June 9, 2011. The by the scrutiny of the Government the Auditor General of Canada 3rd Session will reconvene on of Nunavut’s proposed 2011-2012 to the Legislative Assembly of October 18, 2011. It is anticipated main estimates and departmental Nunavut on Children, Youth and that the proceedings of the fall business plans. The winter sitting Family Programs and Services in sitting will be dominated by the concluded on March 10, 2011. Nunavut. These hearings marked scrutiny of the Government of Sheila Fraser’s tenth and final In April of 2011, Speaker Nunavut’s proposed 2012-2013 appearance before a Committee and MLA Paul capital estimates.

56 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 of the Legislative Assembly Kalluak, C.M. and the Reverend legislation that included similar of Nunavut. Members of the Michael Gardener, C.M. legislative changes. Standing Committee took the On January 1, 2010, The Order Bill No. 625 – The Saskatchewan opportunity to pay public tribute of Nunavut Act came into force. Respectful Language Act, to Ms. Fraser’s decade of service The objective of the Order is to introduced by David Forbes, an to the territory. recognize individuals who have Opposition Member, sought to On June 9, 2011, Committee made outstanding contributions eliminate references to ‘mental Chairperson and to the cultural, social or economic retardation’, ‘mentally retarded’, MLA Fred Schell presented the well-being of Nunavut. The ‘retardation’, retarded’ or ‘retard’ Standing Committee’s report to Order is the highest honour of from all legislation and regulations the House on its hearings. Under Nunavut and takes precedence in force in the Province of Rule 91(5) of the Rules of the over all other orders, decorations Saskatchewan and replace with Legislative Assembly of Nunavut, or medals conferred by the ‘intellectual disability” or another the government is required to Government of Nunavut. appropriate form. provide, upon request, formal The first investiture ceremony Non legislative changes were responses to committee reports will be held in the fall of this year made to remove the anachronistic within 120 days. on a date to be announced. The phrase and the Assembly Nunavut Electoral Boundaries Commissioner of Nunavut will agreed to expedite the process to Commission preside over the ceremony in amend the one remaining Private her capacity as Chancellor of the Member’s Bill – Bill No. 907 – The On October 25, 2010, the Order. Nominations for the Order Congregation of the Sisters of St. Legislative Assembly established will re-open later this year. Elizabeth of the Third Order Regular an Electoral Boundaries of St. Francis of Assisi Amendment Commission. The Commission, Upcoming By-Elections Act, 2011 that contained the which held public hearings Three by-elections will take place derogatory language. The across the territory during early on September 12, 2011, to fill adoption of this bill resulted in 2011, released its report on June vacancies in the constituencies Bill No. 625 being removed from 6, 2011. The Commission has of Iqaluit West, Pangnirtung and the Order Paper. recommended that three new . – The Workers’ seats be added to the Legislative Bill No. 622 Compensation Amendment Act, Assembly. At present, there are Alex Baldwin nineteen seats in the legislature. a Private Member’s public bill Office of the Legislative Assembly introduced by Andy Iwanchuk, The Legislative Assembly of Nunavut would have amended the is anticipated to consider the legislation to include esophageal report during its upcoming fall cancer as one of the cancers sitting. TheNunavut Elections eligible for compensation if the Act provides that any changes to victim was a firefighter. At Mr. Nunavut’s electoral boundaries Iwanchuk’s request the Assembly and the number of constituencies agreed to withdraw the Bill. The in the Legislative Assembly will Government then introduced not come into effect until the next Bill No. 174 – The Workers’ general election. Saskatchewan Compensation Amendment Act The Order of Nunavut which included compensation he spring sitting concluded for firefighters who suffer from On June 29, 2011, Speaker of on May 19, 2011. During primary site esophageal cancer. the Legislative Assembly and T the spring period of session, the The Legislative Assembly Chairperson of the Order of Lieutenant Governor, gave royal of Saskatchewan hosted the Nunavut Advisory Council assent to 26 bills including an XXVIIe Session de l’Assemblée announced the Appropriation Bill to defray the régionale Amérique de first appointments to the Order of expenses of the Public Service. l’Assemblée parlementaire de la Nunavut. The Order of Nunavut In the Spring session, two Francophonie. The conference will be bestowed on the late Jose Opposition Bills resulted in took place from August 22 to Amaujaq Kusugak, the late Mark the Government introducing August 26, 2011.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 57 On November 7, 2011, a • Bill 5 – New West Partnership Accounts. In addition, the House general election will be held in Trade Agreement Implementation appointed a Special Committee Saskatchewan. Act: Implements a trade on Cosmetic Pesticides and a agreement involving , Alberta and Special Committee to Appoint a Stacey Ursulescu Saskatchewan. Representative for Children and Committees Researcher • Bill 6 – Civil Forfeiture Youth. Amendment Act, 2011: Makes it more cost-effective to seize By-election property associated with As reported in the Summer unlawful activity, including small amounts of cash. 2011 issue, the new Premier, Christy Clark, was acclaimed • Bill 9 – Prevention of Cruelty to Animals Amendment Act, as the BC Liberal candidate for 2011: Amendments include the by-election to be held in higher penalties and longer Vancouver-Point Grey on May 11, jail terms and an extension of 2011. Premier Clark won the by- British Columbia the statute of limitations for election with 48.9 percent of the offences pertaining to cruelty to animals. vote – the first time in thirty years that a member of a governing he third session of the 39th • Bill 11 – Yale First Nation TParliament resumed on April Agreement Act: Defines Yale party has won a provincial by- 27, 2011 following a nine week First Nation’s ownership election. adjournment to the spring sitting and management of mineral, forestry and other resources Recall Petitions in order to accommodate the on treaty settlement lands; also Elections BC announced that the leadership contests of both major defines Yale’s rights related political parties. This produced an to fishing, gathering and two recall campaigns reported abbreviated sitting, condensing harvesting. on in the Spring 2011 issue (in House business to twenty-four • Bill 12 – Police (Independent Kamloops-North Thompson and sitting days. Investigations Office) Amendment Comox Valley electoral districts) On May 31, 2011, the House Act, 2011: Creates a civilian have failed. Another recall body, the Independent passed a motion, on division, petition in the electoral district Investigations Office, to of Maple Ridge Mission has been to adopt a business schedule conduct criminal investigations under Standing Order 81.1 into incidents that result in cancelled. death or serious harm and (Time Allocation) to complete its Changes to the Table agenda prior to the announced involve B.C. police officers. On June 2, 2011, changes date of adjournment. The Committee Activity motion, which was accompanied were made to the Table, via a by a proposed schedule for The Special Committee to resolution passed by the House. legislation, motions and estimates Appoint a Chief Election Craig James, Clerk Assistant over three days, provided for Officer tabled its final report on and Clerk of Committees the completion of seven bills and May 19, 2011. The Committee becomes Clerk of the Legislative all uncompleted estimates on or unanimously agreed to Assembly as of September 1, before 5:30 p.m. on June 2, 2011. recommend Keith Archer as 2011. He will succeed E. George the Chief Electoral Officer. The MacMinn, who will serve as Legislation Committee’s recommendation Clerk Consultant for a period of At the end of the spring sitting, was subsequently ratified by twenty-four months. Kate Ryan- the following government bills of the House, and Dr. Archer’s Lloyd (currently Clerk Assistant note received Royal Assent: appointment shall be effective and Acting Clerk of Committees) September 1, 2011. was appointed Deputy Clerk • Bill 4 – Harmonized Sales Tax (HST) and Initiative Vote Four Select Standing of the Legislative Assembly and Referendum Act, 2011: Committees received their and Clerk of Committees also Establishes the statutory terms of reference before the effective September 1, 2011. authority for the HST House recessed: Children and Referendum 2011 and cancels Susan Sourial the application of the Recall and Youth, Finance and Government Initiative Act to the initiative Services, Health, and Public Committee Research Analyst petition process.

58 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 The calling of this motion Election prompted Peter Kormos to raise Because of the fixed election date a point of order referring to the on October 6, 2011, it is unlikely anticipation rule prescribed in that the House will meet again Standing Order 23(e). This rule before being dissolved. The being infrequently referenced, province’s Election Act also sets Mr. Kormos elaborated by citing out a fixed campaign period of Erskine May’s Parliamentary 28 days, which means that the Practice (23rd edition): “Stated dissolution of the Legislature generally, the rule against is scheduled to occur on he 2nd Session of the 39th anticipation (which applied to Wednesday, September 7, 2011. TParliament was prorogued other proceedings as well as on June 1, 2011, which ended motions), as strictly enforced in Tribute to MPPs the spring sitting one day earlier earlier times, was that a matter than set out by the parliamentary must not be anticipated if it were As the session came to a close, calendar. During the final month contained in an equally or less the House set aside an evening of the session, eleven government effective form.” for tributes to the many veteran bills received Royal Assent, five of MPPs who have announced Mr. Kormos stated that in which were time allocated. they would not run for re- this case, the Government notice In particular, Bill 196, An Act election in October. On May of motion and Bill 196 both to amend the Election Act with 31, 2011, the House spent a rare addressed the same core issue: respect to certain electoral practices, and wonderful evening during corrupt acts during elections. received some procedural which Members paid tribute to Therefore, to debate the motion attention during its course in colleagues who are not returning. was to anticipate the subject the Legislature. The bill was Departing Members also had the matter of the bill. He further introduced on May 17, 2011 to opportunity to address the House referenced the notation in amend the province’s Election and share their past experience as Parliamentary Practice that “a bill Act to prohibit interference well as future plans. is a more powerful, more potent with voting by providing false parliamentary process than is At the time of the tribute, information and impersonation the passage of a resolution”. The the following Members had of election officials, candidates former is statutory and therefore announced they were not seeking or their representatives, political binding while the latter is not. re-election: Wayne Arthurs; Jim party or constituency associations. Brownell; Aileen Carroll; Bruce The penalty for these offences was After recessing the House for Crozier; Pat Hoy; Jean-Marc increased to a fine of up to $25,000 over one hour, Speaker Steve Lalonde; Gerry Martiniuk; Bill and/or an imprisonment term of Peters gave his ruling that the two Murdoch; Steve Peters; Gerry up to two years less a day. items, though thematically similar, Phillips; David Ramsay; Joyce each asked the House to decide on On May 18, while Bill 196 Savoline; Monique Smith and different questions. As a result, sat on the Orders and Notices Norm Sterling. the motion did not offend the Paper awaiting second reading, anticipation rule and was allowed Since the tribute night, a few Government notice of motion 77 to be moved. Speaker Peters more members were added to was called. This motion proposed found that the rule had not been the list: David Caplan; Howard that the Legislature condemn applied rigorously in the past, Hampton; Peter Kormos; Sandra the alleged corrupt acts that perhaps to emphasize Members’ Pupatello; and . took place during the federal rights to move motions and bills, election and condemn acts of Bruce Crozier and then to debate, speak to election fraud, such as misleading and vote on them, as prescribed On June 3, 2011, only two days phone calls and other attempts by the Standing Orders. He after the House prorogued, Bruce to prevent individuals from explained that if the rule was to be Crozier passed away in a hospital voting in elections and confirm interpreted strictly, it would have in Windsor due to an aortic its resolve that electors in the to be applied to all business, which aneurism. Mr. Crozier was first upcoming provincial election could “very well upset the delicate elected as the Member for Essex should be free to cast their ballots balance” of the House. in a December 1993 by-election without any such interference. and represented the riding for

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 59 over 17 years. Having served as attention from a wide variety of during its consideration of the Deputy Speaker since 2003, he groups in the province due to the Assistive Devices Program worked closely with Assembly changes they proposed: to allow should be the subject of a best staff, who were deeply saddened salaried firefighters mandatory practice report. While the final by his untimely death, especially retirement at 60 years of age; to report contained only three since he looked forward to remove legal barriers in order recommendations, the Ministry retirement and spending more that more children in the care of had already reported substantial time with his wife of almost children’s aid societies (CASs) savings in its follow-ups to the 50 years, their two children and could be adopted; to allow greater Committee. The Committee five grandchildren. Mr. Crozier’s market forces in the allocation tabled its best practice report on family, friends and colleagues and pricing of Crown timber; and May 30, 2011. gathered at his funeral on June to increase protection for workers. The first three reports from 8, which included a four-officer Also among the bills considered the Committee’s consideration Honour Guard provided by the was Bill 188, An Act to amend the of the 2010 Annual Report were Assembly’s Legislative Security McMichael Canadian Art Collection also tabled on May 18, 2011. Service and a moving eulogy by Act. The McMichael Canadian Through letters to the Speaker, Premier Dalton McGuinty. Art Collection is a major public the Committee informed the Committee Activities art gallery in Ontario, devoted House that it was satisfied with to collecting only Canadian Art the responses received from On April 19, the Government including the works of Tom respective Ministries, and that tabled the 2011-2012 Expenditure Thomson, the Group of Seven, no further recommendations Estimates, which were deemed their contemporaries, First Nations, would be made to the following referred to the Standing Inuit and other artists. Its collection programs: Infrastructure Stimulus Committee on Estimates. The can be enjoyed in a gallery that Spending; Commercial Vehicle Committee completed its still resembles the pioneer-style Safety and Enforcement; and consideration of the 2011-2012 home it once was, surrounded by a Hospital Board Governance. Estimates of the Ministries woodland setting. of Revenue and Government Completing its consideration Services, the first two of ten The amendments to the of the 2010 Annual Report, McMichael Canadian Art Collection ministries and offices selected the Committee tabled its final Act for review by the Committee. provided the gallery with three reports on May 30, 2011. Consideration of the Estimates of the flexibility to develop The reports on the Family the Ministry of Finance and of the more diverse and innovative Responsibility Office, the remaining selected ministries was exhibitions to attract and engage Municipal Property Assessment cut short due to prorogation of more visitors and enhance Corporation, and Non-hazardous the House. With the forthcoming interest in its collection. They Waste Disposal and Diversion election in October, the also made it easier for the contained a total of thirty introduction (or reintroduction) gallery to build its collection and recommendations. Of particular of Estimates by the newly elected ensured the collection continues note was a recommendation government can be expected to focus on the Group of Seven, in the report on the Family when the Legislature reconvenes. their contemporaries and the Responsibility Office that a Select Aboriginal peoples of Canada. Committee be struck to further Before the House prorogued consider the matter. on June 1, 2011, most Committees The Standing Committee were busy with consideration of on Public Accounts tabled Pre-Election Report government legislation including eight reports, including one on Committee best practice. Under the Fiscal Transparency the budget bill, which amends and Accountability Act, 2004, the a number of statutes in order to On May 18, the Committee government is required to release completed its consideration of implement elements of the 2011 a pre-election report to provide Ontario Budget, as well as a bill the 2009 Annual Report of the information on the province’s that aims to reduce the supply of Auditor General of Ontario fiscal plan. On April 26, 2011, contraband tobacco in the province. by tabling its report on the the government tabled its 2011 The policy-field Committees Assistive Devices Program. The Pre-Election Report on Ontario’s considered four bills that drew Committee felt that the success Finances, which provides an of the follow-up process utilized

60 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 estimate on Ontario’s finances for after 38 sitting days. A provincial from the service of the House on the next three fiscal years. Also general election is scheduled for December 5, 2001, when the then- under the Act, the Auditor General Monday, October 3, 2011. Leader of the Opposition, Ron is required to promptly review the Suspension of Leader of the MacKinley, was suspended for pre-election report to determine Opposition the remainder of that sitting day. whether it is reasonable and to describe the results of the review. On May 13, 2011, during Oral Royal Visit On June 28, Jim McCarter, Ontario’s Question Period, the Leader of Prince Edward Island has long Auditor General, tabled The Auditor the Opposition, Olive Crane, welcomed holiday-makers and General’s Review of the 2011 Pre- made the following statement, honeymooners to its red shores, Election Report on Ontario’s Finances. “Premier, why do you but perhaps none have been continually mislead and deceive so warmly received as Their Building Restoration Project this House...” Speaker Kathleen Royal Highnesses, The Duke The Legislative Building is Casey advised that the use of and Duchess of Cambridge, undergoing two major projects this these words was unparliamentary who visited the province in summer. One is the final phase and directed the Leader of the early July. Following months of the multi-year plan to upgrade Opposition to withdraw her of planning and preparations, the foundation drainage of the remarks, which she refused to the highly-anticipated official building. This phase consists of do. Speaker Casey requested the welcome to Prince Edward Island the removal and replacement of retraction an additional three took place at Province House on the interior walls of the existing times and each time was refused. the morning of July 4, 2011. An perimeter foundation, masonry She then advised that pursuant to estimated 20,000 people lined repairs, window conservation and the Rules of the Legislative Assembly historic Great George Street, with upgrades to existing mechanical (Rule 38), she had no choice but some royal watchers arriving and electrical elements past to name the Hon. Leader of the before dawn to assure themselves their service life to meet code Opposition for disregarding the a prime vantage point. Following requirements. The other project authority of the chair. Madam the events in Charlottetown, is the development of a blueprint Speaker addressed the Leader of Their Royal Highnesses to determine future restoration the Opposition as Olive Crane, proceeded to Dalvay-by-the-Sea, of the Legislative Chamber. This and then requested a motion to located on the province’s north includes the investigation, analysis suspend the member from the shore, where they competed, and documentation of materials service of the House, declaring along with Premier Robert Ghiz and current condition of the entire a brief recess for members to and his wife, Dr. Kate Ellis Chamber ceiling and murals. consider the matter. Following Ghiz, in a dragon boat race; Future projects and scope of work the recess, Madam Speaker and Prince William was in the will be prioritized and established entertained interventions from cockpit of a Sea King helicopter based on this blueprint. the Premier and the Leader of the demonstrating emergency water Opposition, after which she called landing techniques. They ended Valerie Quioc Lim on Sonny Gallant (Government their sojourn in Prince Edward Committee Clerk House Leader) who moved, Island in Summerside, before seconded by Wes Sheridan departing for the next segment of (Finance and Municipal Affairs), the Canadian Royal Tour. that the Leader of the Opposition be suspended from the service of New Lieutenant Governor the House for the remainder of On July 28, 2011, it was the sitting [prorogation occurred announced that Frank Lewis later that day]. The motion was will be installed as the forty-first carried in the affirmative, and the Lieutenant Governor of Prince Prince Edward Island Sergeant-at-Arms escorted Ms. Edward Island. Mr. Lewis began Crane from the Chamber. his career in 1966 as a junior n May 13, 2011, the Fourth Naming occurs rarely in the salesman at CFCY radio. When OSession of the Sixty-third Prince Edward Island Chamber. he retired in 2004, he was the General Assembly was prorogued Prior to this occasion, a member country music station’s vice- was last named and suspended president and general manager.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 61 After retiring, Mr. Lewis worked 150th Anniversary of Art Exhibit as a senior advisor for NewCap Confederation Talks The Legislative Assembly of Radio, and in 2006 he was inducted On July 18, 2011, Premier Prince Edward Island hosted into the Canadian Association Ghiz announced that David an exhibition of watercolours of Broadcasters Hall of Fame. MacKenzie, the outgoing CEO and prose by Island artist Mary He is well known for his work of the Confederation Centre Margaret Land Curtis from in the community through the of the Arts in Charlottetown, July 7 - 25, 2011. On view in Confederation Centre of the Arts, will assume the leadership the Legislative Chamber, The the Children’s Wish Foundation responsibilities for the upcoming Flowers of Canada: A Celebration and the Hillsborough Rotary Club. 2014 celebration of the 150th of Canadian Unity, featured Order of Prince Edward Island anniversary of the historic provincial and territorial floral Recipients Announced meeting of the Fathers of emblems, symbolizing many Confederation.“We are delighted of the qualities we value as The 2011 recipients of the Order that a person of David’s Canadians – determination, of Prince Edward Island were background and skills has agreed bravery, connectedness, beauty, announced recently by the to take on this important role,” loyalty and wisdom, among Chancellor of the Order, Barbara said the Premier. “We believe others. She has been painting A. Hagerman, Lieutenant that 2014 will be an important on Prince Edward Island for the Governor of Prince Edward and special year not only for past 25 years, and teaching art Island, and Maitland MacIsaac, Islanders, but Canadians alike classes and workshops for much Chair of the Order of Prince as we build towards 2017 which of that time. This event was part Edward Island Advisory Council. will mark the 150th anniversary of the celebrations marking this The three Islanders selected to of the founding of Canada.” His year as the 160th anniversary of receive the honour are William early priorities will be to work responsible government in Prince C. Callbeck, Eleanor Davies, closely with various levels of Edward Island. and Dr. David Wong. These government to draft a vision three individuals were selected framework and business plan for Marian Johnston from a total of 55 Islanders the 150th celebrations. Clerk Assistant and nominated to receive the award Clerk of Committees this year. The honour was Book Launch at Province House first conferred in 1996 with six The Legislative Assembly of individuals invested at that time; Prince Edward Island hosted the since then there have been three Island launch of Professor Rusty Islanders invested each year. The Bittermann’saward winning honour is awarded as a means book Sailor’s Hope: The Life and of recognizing those Islanders Times of William Cooper, Agrarian who have shown individual Radical in an Age of Revolutions excellence or outstanding at Province House on May 16, leadership in their community he Assembly adjourned its 2011. As part of the Celebrate and in their chosen occupation proceedings on June 10, 160 Lecture Series, Professor T or profession. It is the highest 2011, for the summer recess. In Bittermann spoke on the legacy honour that can be accorded to accordance with the Standing of William Cooper, an important a citizen of the Province. It is Orders of the National Assembly, figure in Prince Edward Island’s awarded annually following a proceedings will resume on pre-Confederation struggle for public nomination process with September 20, 2011. From the land reform. The book launch not more than three recipients beginning of the Second Session and lecture were part of a being selected by an independent of the Thirty-ninth Legislature, on series of events taking place at nine-person Advisory Council February 23, 2011, to the close of Province House throughout 2011 each year. Insignia of the proceedings, the Members passed in celebration of 160 years of Order will be presented by 17 public bills and 3 private bills. responsible government. the Lieutenant Governor at a Ruling from the Chair special investiture ceremony in On May 26 the President gave a October at Government House, ruling on questions that had been Charlottetown.

62 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 raised following the introduction the broadest possible consensus five-year term, beginning on July of Bill 19, An Act to establish a in matters concerning electoral 4, 2011. temporary electoral representation representation. regime and to suspend certain Other events Composition of the National provisions of the Election Act. More On the occasion of the 9th edition Assembly particularly, certain Members of Political Book Day in Québec, argued that a consensus on the Last June 6, Pierre Curzi, held last April 12, Fatima Houda- content of a bill amending the Member for Borduas, Lisette Pepin, First Vice-President of the Election Act must be reached before Lapointe, Member for Crémazie, National Assembly, announced even introducing such a bill. and Louise Beaudoin, Member the names of the nine literary According to the Chair, for Rosemont, all Members award winners. Political Book Parliament delegated its powers of the Official Opposition, Day in Québec aims to encourage with regard to electoral matters informed the Chair of their authors and students who write by creating the Chief Electoral decision to sit as independent on topics related to Québec Officer and the Commission de Members. Subsequently, two politics and who contribute to la représentation électorale du other Members of the Official promoting this literary genre. Québec. It did not, however, Opposition became independent Last May 19, the President lose interest in preserving the Members: on June 7, Jean-Martin of the National Assembly, electoral system’s integrity. Aussant, Member for Nicolet- Jacques Chagnon, launched the Yamaska, and on June 21, Benoît The President recalled his Je me souviens exhibition within Charrette, Member for Deux- the framework of the 125th role as guardian of the rights Montagnes. and privileges of the Assembly anniversary of the Parliament and of its Members. He must On June 21, René Gauvreau, Building. This exhibition, which not replace the courts in Member for Groulx, decided is presented to the public until analyzing the constitutionality to temporarily withdraw from December 2012, provides a of bills that are submitted to the the Parti Québécois caucus, for unique opportunity to learn little- Assembly. The Chair can in no the duration of an investigation known facts about the history way prevent a Member from concerning a former employee and architecture of the Parliament introducing a motion or a bill to of his riding office. He will Building. the Assembly. Only the Assembly henceforth sit as an independent In collaboration with the may determine the advisability Member. Fondation des sourds du Québec of introducing a bill, examining Appointments inc., the National Assembly it and assessing its content. now provides visioguides for Furthermore, to refuse to debate On June 9, 2011, further to deaf persons. This iPod-type a matter owing to an initial motions moved by the Premier, equipment features a guided tour lack of consensus seems to run Raymonde Saint-Germain was of the Parliament Building in sign counter to the very reason why reappointed Public Protector for language that has been entirely deliberative assemblies exist. a term of five years;Christiane carried out by the National Barbe was appointed chair of However, the Chair well Assembly. the Commission de la fonction appreciates the wish often publique for a term of five years expressed by the Assembly to Nicole Bolduc beginning on June 20, and Sylvie have a broad consensus when Secretariat of the Assembly Godin will continue her mandate the time comes to modify the as member and vice-chair of Election Act, particularly as the Commission des droits de Committees regards electoral representation. la personne et des droits de la By taking into consideration On June 1-2, 2011, the Committee jeunesse for a term of five years. all of the statements made and on Public Finance gave clause- by analogy with the notion of Also, the Assembly named by-clause consideration to Bill 10, constitutional convention, the Lina Desbiens, Diane Poitras An Act respecting mainly the Chair believes that we have and Alain Morrissette as implementation of certain provisions here a form of parliamentary members of the Commission of the Budget Speech of March 17 convention, since there exists a d’accès à l’information assigned and the enactment of the Act to strong political need to obtain to the judicial section for a establish the Northern Plan Fund.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 63 The bill was passed with certain On June 9, 2011, the chair amendments. of the Committee on Public On May 25, 26, 27 and 31 on Administration, Sylvain Simard June 1 and 2, the Committee (Richelieu), tabled in the Assembly on Institutions gave clause-by- the Twenty-sixth report on the clause consideration to Bill 15, accountability of deputy ministers and Anti-Corruption Act. The bill was chief executive officers of public bodies. passed with certain amendments. On March 31, 2011, in connection with a matter mentioned in one The Senate On May 25, 26, 27, 30 and 31 of the Auditor General’s reports, and on June 1, the Committee the Committee held a hearing to on Transportation and the fter the May 2, 2011 general discuss the administrative expenses election, there was both Environment gave clause-by- of school boards, in pursuance A clause consideration to Bill 2, continuity and change in a of the Public Administration number of key positions in the An Act respecting the construction Act. The report also addresses of a section of Highway 73 from Senate in the new Parliament. the examination of the annual Speaker Noël A. Kinsella has Beauceville to Saint-Georges, whose reports of eight ministries and purpose is to validate an order in continued in office, as have the public bodies and the completion Leader of the Government, Senator council of 2009 authorizing the of the second assessment as extension of Highway 73 from the Marjory LeBreton, the Leader of regards the application of the the Opposition, Senator James territory of Ville de Beauceville to Committee’s recommendations. that of Ville de Saint-Georges. The Cowan, and the Deputy Leader of This report contains 5 unanimous the Opposition, Senator Claudette Committee had heard 7 persons recommendations. and organizations beforehand Tardif. On the other hand, there within the framework of special After having completed an is a new Deputy Leader of the consultations held on May 3. extensive general consultation Government in the Senate, with on March 22, 2011, a delegation Senator Claude Carignan taking Lastly, on June 7, this same of the Select Committee on on these responsibilities, and a Committee completed the clause- Dying with Dignity will conduct new Government Whip, with by-clause consideration of Bill 88, a 10-day mission in Europe Senator Elizabeth Marshall An Act to amend the Environment during the summer of 2011. assuming that role. Quality Act as regards residual From June 27 to July 6, the The 41st Parliament first materials management and to delegation will travel to France, assembled on June 2, 2011, amend the Regulation respecting the Netherlands and Belgium following the May 2, 2011 compensation for municipal services to meet with parliamentarians general election, to receive provided to recover and reclaim and stakeholders affected by communications from the Crown. residual materials. It should be experiences involving euthanasia The House of Commons was mentioned that the clause-by- and assisted suicide. Moreover, directed to elect its Speaker, clause consideration of this the Committee chair,Maryse and both Houses were informed bill had begun in May 2010. A Gaudreault, will speak at the that the Speech from the Throne total of twelve sittings were set first Congrès francophone would take place in the Senate aside for the clause-by-clause d’accompagnement et de soins Chamber on the following day. consideration of this bill. palliatifs in Lyon, to present the Among the items of particular Last May 9, the Committee Committee’s work. interest to the Senate was on Planning and the Public For more information on the the government’s renewed Domain travelled to Kuujjuaq standing committee proceedings, commitment to pursue reform of to hold hearings within the please visit the Web site of the the Senate. This time however, framework of the examination Québec National Assembly at the proposed legislation to set of a petition concerning housing www.assnat.qc.ca. fixed mandates and provincially overcrowding in Nunavik. On managed elections will be first May 17, the Committee tabled its Valérie Roy considered in the House of report in the National Assembly. Committees Secretariat Commons rather than the Senate. This report contains four Translation: Sylvia Ford After the Speech, the Senate recommendations. Secretariat of the Assembly appointed a Committee of

64 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 Selection to nominate a Speaker C-8 and C-9, the appropriation the Director of Research from pro tempore and the senators to acts required for funding the Canadian Union of Postal serve on the different standing government operations during Workers. The committee sat committees. On June 9, 2011, the 2011-2012 fiscal years. All for approximately five hours to the Committee of Selection these bills received Royal Assent hear from the witnesses and deal presented both its first report, on June 26, 2011. with the bill clause-by-clause, nominating Senator Donald Bill S-1001, An Act respecting after which it reported to the Oliver as Speaker pro tempore, Queen’s University at Kingston, Senate without amendment. and its second report, nominating was introduced in the Senate With leave of the Senate the committee membership. Both by Senator Lowell Murray on bill then proceeded to third reports were adopted later that June 8, 2011. A similar bill had reading, during which a number day. As a result, most of the been introduced shortly before of amendments were proposed standing committees were able the dissolution of Parliament for and rejected. Bill C-6 could thus to hold organization meetings the 41st general election. This receive Royal Assent later that during the month of June, and was a private bill, proposing to evening. Louise Charron, Puisne several motions were adopted amend the charter for Queen’s Judge of the Supreme Court in the Senate to authorize some University in Kingston. Once the of Canada, in her capacity as of them to start work on special bill had passed second reading Deputy of the Governor General, studies. and been referred to committee came to the Senate to grant Royal Assent on behalf of the Crown. Bills the Senate suspended the normal requirement, contained in rule In addition to the bills that As committees were starting their 115, to wait at least one week reached Royal Assent, several work, the Senate also turned to before starting hearings. As a Senate bills were introduced the consideration of bills. As result the Senate was able to pass before the Senate adjourned for is standard at the start of each the bill on June 23, 2011, and to the summer on June 26, 2011. session, the first bill introduced send it to the Commons, which Consideration of these bills in the Senate was Bill S-1, An Act adopted it in time for Royal will continue when the Senate relating to railways. The pro forma Assent on June 26, 2011. resumes sitting on September 27, bill asserts the right of the Senate 2011. to deal with other business before In an unusual turn of events, proceeding to the consideration the Speaker recalled the Senate Senators for a Sunday sitting, on June of the matters expressed in the Since May 2011, there have Speech from the Throne. 26, 2011, in order to deal with Bill C-6, An Act to provide for the been three appointments to the On June 14, 2011, the Standing resumption and continuation of Senate. On May 25, 2011, Senator Senate Committee on Legal and postal services. The bill was read Fabian Manning was appointed Constitutional Affairs began a first time early in the sitting to represent the province of a pre-study of Bill C-2, An and, with leave, the Senate dealt Newfoundland and Labrador, Act to amend the Criminal Code with it at second reading later while Senator Larry Smith was (mega-trials). The bill itself was the same day. The Senate then named to represent the district of subsequently referred to the resolved itself into a Committee Saurel in Québec. Both Senators committee, which presented of the Whole to study the bill had previously sat in the Senate its report on June 23, 2011. The and hear from several panels but had resigned their seats to Standing Senate Committee on of witnesses. The first panel run in the 2011 general election. National Finance also engaged was composed of the Minister In addition, Senator Josée Verner, in pre-study work, in this case of Labour and the Minister of a former Member of Parliament on Bill C-3, An Act to implement State (Transport), who were for Louis-St-Laurent and Cabinet certain provisions of the 2011 accompanied by officials. The Minister, was appointed on June budget as updated on June 6, 2011. second panel included the 13, 2011, to represent the district The bill was also referred to the President and Chief Executive of Montarville in Québec. committee while it was engaged Officer of Canada Post as well as On June 21, 2011, tributes were in the pre-study, and a report was the Chief Operating Officer. The paid to the Lucie Pépin, Senator presented on June 23, 2011. in third and final panel consisted for the district of Shawinegan addition, the Senate passed Bills of the President as well as in Québec. Senator Pépin will

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 65 retire on September 7, 2011. She This is the second time Energy Corporation, and was appointed to the Senate on that has had a Premier returned Mr. Kenyon to Cabinet the recommendation of Jean who was not a Member of the as the Minister Responsible for Chrétien in 1997. She was the Legislative Assembly. The first these corporations. Deputy Whip from 1998-2000 instance occurred in March On June 28th, Premier and the Speaker pro tempore from 1985, when was Pasloski announced that he had 2002-2004. elected to succeed Chris Pearson invited Independent Member as leader of the Yukon Territorial to rejoin the Yukon Vanessa Moss-Norbury Progressive Conservative Party. Party Caucus – an invitation Procedural Clerk A general election occurred two which Mr. Cathers accepted. On Journals Office months later. While Mr. Phelps August 28th, 2009, citing a serious secured a seat in that election, the disagreement with Premier NDP formed the government. Fentie, Mr. Cathers had resigned Cabinet Changes, Caucus from Cabinet, as well as from Changes the Caucus, to sit as an Independent Member. On April 21st, , Yukon Mr. Cathers retained his Yukon Minister of Economic Party membership, and stated Development, Minister at the time that he looked s reported in the previous responsible for the Yukon forward to rejoining the Yukon Aedition, on April 16th the Housing Corporation, and Party Caucus under different Yukon Party announced that a Minister responsible for the leadership. At the time of his leadership election would be held Yukon Liquor Corporation August 2009 move, Mr. Cathers at the request of then-Premier entered the Yukon Party had been the Minister of Energy, th (Watson Lake). On leadership race. On May 4 , Mines and Resources, and the May 28th, was Commissioner Phillips signed Government House Leader. elected as the new Leader of the an Order in Council revoking Yukon Party. On June 11th, Mr. Mr. Kenyon’s appointment to Death of MLA Pasloski was sworn in as Yukon’s Cabinet. On July 6th, Steve Cardiff, the 8th Premier by Commissioner Another OIC dated May 4th member for Mount Lorne, was Doug Phillips, in a ceremony that assigned Mr. Kenyon’s former killed in a motor vehicle accident took place in the Old Territorial portfolios to on the South Klondike Highway. Administration Building in (Klondike). Until his On June 24th, Mr. Cardiff, an MLA . Mr. Pasloski is appointment to Cabinet, since the November 2002 general the first Premier to be sworn in Mr. Nordick had been Deputy election, had been acclaimed as in Dawson City, Yukon’s seat of Speaker, Chair of the Committee the NDP candidate for the new government from the formation of of the Whole, and, as the sole riding of Mount Lorne-Southern the territory in 1898 until 1953. Government backbencher, Lakes. Hundreds attended his Pursuant to the Yukon Act, Cabinet Commissioner for the memorial service on July 16th. each Legislative Assembly is Department of Community Tributes recalling Mr. Cardiff’s limited to a five-year term. Services and the Department of compassion and dedication As the writs for the previous Highways and Public Works. were offered by colleagues of all general election were returned Installed as Yukon’s Premier political stripes, by the media (the on October 16, 2006, the writs for on June 11th, Premier Pasloski Yukon News called him “A Giant the next general election must be initially assumed the Finance, of a Man with a Double-Sized issued by October 14th. According Executive Council Office, Yukon Heart”), and other Yukoners. to the Legislative Assembly Act, a Development Corporation and During the 2010 Fall Sitting (after by-election cannot be called in Yukon Energy Corporation the July 2010 death of former the six months prior to the legal portfolios. NDP Leader , and end of an Assembly. As a result, until the outset of the 2011 Spring th Premier Pasloski will not be able On June 27 , Premier Pasloski Sitting, when new NDP Leader to seek election to the House relinquished responsibility Elizabeth Hanson took her prior to the general election. for the Yukon Development seat following a December 2010 Corporation and the Yukon

66 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 by-election win) Mr. Cardiff had the 1996 general election, has lost their seats and subsequently been the sole NDP representative indicated that he will not be resigned. Bob Rae (Toronto in the Legislative Assembly. standing for reelection. Centre) was appointed Interim Leader of the Liberal Party. Members who have Decided not Standings in the House to stand for Re-election Opening: Election of a New With Mr. Cathers’ return to the Speaker and Speech from the Speaker Ted Staffen, elected to Yukon Party caucus and Mr. Throne the House and as Speaker of the Cardiff’s death, the current Legislative Assembly, in the 31st standings in the House are as The 41st Parliament opened on and 32nd (i.e. current) Legislative follows: Yukon Party: 11; Liberal June 2, 2011. Its first order of Assembly, has announced that Party: 5; NDP: 1; Vacancy: 1. business, pursuant to Standing he will not stand for re-election Order 2, was to elect a new as the MLA for Riverdale North Linda Kolody Speaker from among the eight in the upcoming general election. Deputy Clerk Members who had allowed Mr. Staffen, who prior to his their names to stand for the election to the Assembly had been Speakership. Louis Plamondon a businessman and entrepreneur, (Bas-Richelieu—Nicolet— indicates that he looks forward to Bécancour), the Member with re-entering the private sector in the longest period of unbroken Yukon’s booming economy. service in the House, presided accordingly over the election As mentioned, Premier Fentie House of Commons of the Speaker. Andrew Scheer has indicated he will not stand (Regina—Qu’Appelle) was for re-election in the upcoming elected on the sixth ballot, general election. Mr. Fentie, s a result of a federal general securing his first mandate as first elected in the 1996 general Aelection on May 2, a majority Speaker of the House. Mr. Scheer, election, and re-elected in the Government was formed with 32, is the youngest Speaker in general elections of 2000, 2002, 166 Conservatives elected and the history of the Canadian and 2006, served as Yukon’s 103 New Democrats forming Commons. Premier from November 30, 2002 the Official Opposition for the to June 11, 2011. Four additional first time. Returning with only Governor-General David Ministers, as well as a member of 34 Members, the Liberals became Johnston delivered the Speech the Official Opposition Caucus, the third party in the House , from the Throne on June 3, 2011 have indicated that they will the first time in their history in the Senate Chamber, in the not be contesting the upcoming that they have not formed either presence of the assembled election. , the the Government or the Official Members, Senators, Justices of Minister of Education, and Opposition. Having held 47 seats the Supreme Court and other Minister of Energy, Mines and at the time of dissolution of dignitaries and guests. The Resources, has indicated that the last Parliament, the Bloc theme of the Throne Speech was Here for all Canadians – Stability. he will be returning to school Québécois returned with just four “ Prosperity. Security to pursue a Masters Degree seats. The leader of the Green .” in Education. , Party, Elizabeth May, won her Legislation Minister of Environment, recently riding of Saanich-Gulf Islands, diagnosed with leukemia, is thus the first time that a Green Prior to adjourning for the undergoing treatment, and will Party member was elected to the summer, the House of Commons be focusing on his recovery. House of Commons. The latter debated and adopted the , Minister of five Members officially sit as following legislation: Bill C-2, Highways and Public Works, Independents, since official party An Act to amend the Criminal Code and Minister of Community status in the House requires that (mega-trials); Bill C-3, An Act to and Social Services, a Member at least twelve Members identify implement certain provisions of the since the 2002 general election, as members of a given party. Two 2011 budget as updated on June 6, is retiring. The Liberals’ Gary party leaders, Michael Ignatieff 2011; Bill C-6, An Act to provide McRobb, Official Opposition of the Liberal Party and Gilles for the resumption and continuation House Leader, a Member since Duceppe of the Bloc Québecois, of postal services; and Bills C-8 and C-9, Acts for granting to Her

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2011 67 Majesty certain sums of money for days of debate, the House adopted to party conventions. The Main the federal public administration on June 13 the motion to approve in Estimates and Supplementary for the financial year ending March general the budgetary policy of the Estimates A were concurred in 31, 2012 (Appropriation Acts government. on June 22, the final allotted day. No. 1 and 2, 2011-2012), to all of To expedite the Supply Committees which Royal Assent was given process, on June 3, a motion was on Sunday, June 26. The House adopted bypassing the usual On June 9, a motion was adopted was specially recalled on that day procedure of having Estimates setting the membership of all for the sole purpose of giving sent to and reviewed by the standing committees at 12 in Royal Assent, and the House was various standing committees contrast to the last Parliament subsequently adjourned until by providing that all Main where some committees had September 19 at 11:00 am. and Supplementary Estimates consisted of 11 members. C-6 was introduced by the be deemed referred to one The Standing Committee on Government in response to committee only, the Standing Procedure and House Affairs a work stoppage involving Committee on Government presented the committee Canada Post, and was intended Operations and Estimates, once membership report on to legislate the resumption of presented to the House, the June 13, which was concurred postal services. The Opposition membership of that committee in on the same day, and in having put up many speakers in having been established in the subsequent days the standing debate, the sitting lasted without same motion. The Committee committees were reconstituted adjournment from 10:00 a.m. on was to consider and report, or and proceeded to elect their Thursday, June 23 until 8:10 p.m. be deemed to have reported, the respective Chairs. On June 22, on Saturday, June 25. Estimates no later than three the House agreed to a motion sitting days before the final sitting to dispense with the obligation Budget and Supply or the last allotted day in the set out in Standing Order 104(1) On June 6, 2011, Minister of Finance Supply period. for the Standing Committee on Jim Flaherty presented the 2011 Procedure and House Affairs to On June 3, given the reduced present a its usual report shortly Budget titled The Next Phase of number of sitting days in that Canada’s Economic Action Plan: A after Labour Day reconstituting Supply period, the Speaker committees and re-electing Low-Tax Plan for Jobs and Growth, informed the House that there which was substantially similar to committee Chairs and Vice- would be but three allotted days, chairs. the one that he had presented on pursuant to Standing order 81(10) March 22 but which had not been (b). This was later reduced to two Richard Bernier adopted due to the dissolution of when the House agreed to not Parliament on March 26. After four Procedural Clerk sit on June 10 and June 17 due Table Research Branch

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