Legislative Reports

On opening day Premier Committee of the Whole Ed Stelmach introduced Bill 1, consideration of the Bill. Some Alberta Competitiveness Act. concerns included issues sur- rounding electronic voting Bill 1 allows the Lieutenant as well as the lack of provi- Governor in Council to strike a sions for fixed election dates. committee to discuss and develop The Bill does not contain methods to increase Alberta’s provisions regarding leader- competitiveness. The committee ship campaign financing as Alberta recommended by the former would collaborate with Chief Electoral Officer in his government, industry, business, report. However, shortly after he Spring sitting of the 3rd and Albertans to provide advice the Bill was introduced in the TSession of the 27th Legislature to the Government on how to Assembly, the Minister of commenced on February 4, 2010, foster opportunities and increase Justice and Attorney General and sponsor of the Bill, with the Speech from the Throne the province’s access to the global requested that the Standing delivered by outgoing Lieutenant economy. The Bill received Royal Committee on Public Safety Governor Norman L. Kwong. Assent on March 25, 2010. and Services review and make The Speech outlined the recommendations regarding Government’s plans to increase Government Bills financial disclosure rules for leadership contestants for Alberta’s competitiveness in the Bills passed by the Assembly political parties. In accordance global economy and improve include: with the Standing Orders, the health care. Highlights included: • Bill 7, Election Statutes committee’s report must be • a commitment by the Amendment Act, 2010, amends presented to the Assembly Government to act on the rec- legislation by updating the within six months of the com- ommendations of the Minister manner in which provincial mencement of the inquiry. of Health and Wellness’s elections are held. The amend- • Bill 9, Local Authorities Election Advisory Committee and to ments were developed in Statutes Amendment Act, 2010, provide stable five-year fund- consultation with the office of amends the Act by introduces ing to Alberta Health Services; the Chief Electoral Officer and several changes to the process- • the continued use of Alberta’s based on recommendations es involved with municipal Sustainability Fund to provide made by the former Chief elections. One change provides funding for municipalities, Electoral Officer in a report that when a voter has more social programs, educational following the March 3, 2008, than one residence, he or she institutions, and the health provincial general election. must designate only one place care system; Under the amendments, of residence for the purpose returning officers will now • investment in research and of voting. Other provisions be appointed by the Chief technology solutions in include: no requirement for a Electoral Officer rather than response to environmental bank account and public dis- the Government; enumera- issues posed by oils sands closure by candidates on self- tors will be hired by returning development as well as the funded campaigns up to and officers under the direction eventual elimination of tail- including $10,000; a maximum of the Chief Electoral Officer; ings ponds; contribution limit of $5,000 per advance polls will be open to year; a requirement for a bank • 100 new officers for Alberta those who want to vote early; account for contributions from police forces; prisoners will have the right to any person other than the can- • the development of a new vote; and the Chief Electoral didate only if the total amount vision for education; Officer will be provided exceeds $5,000. with mechanisms to explore • equitable treatment for • Bill 12, Body Armour Control the use of voting technolo- Act. Under the legislation, Albertans under universal gies. The opposition moved federal programs. individuals who want to several amendments during purchase body armour must

46 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 have a permit to do so with material is or may be child Operating expenses are the exception of police officers, pornography, it must be forecasted to increase by peace officers, emergency reported to either law enforce- 5.6 percent or $1.7 billion to medical service providers, ment or a reporting entity. The Alberta Gaming and Liquor Bill contains provisions to pro- $33.2 billion. Of this amount Commission inspectors, tect the informant and estab- a payment of $759 million will licensed private security lishes the actions a reporting be made to Alberta Health guards, and others who need entity must take once an inci- Services to pay off the remainder to wear body armour to do dent is reported. It is the first of their deficit. Alberta Health their jobs. Individuals with time that a Private Members’ valid firearms permits are Public Bill sponsored by an Services will receive an increase also exempt. Members of the opposition Member has re- in base funding of $1.3 billion Wildrose Alliance spoke in ceived Royal Assent. which includes an $812 million opposition to the Bill claiming • Bill 203, Municipal Government adjustment to base funding. that the provisions in the Bill (Local Access and Franchise School boards will receive an take away the right of indi- Fees) Amendment Act, 2010, viduals to protect themselves. increase of $250 million. Benefit sponsored by Kyle Fawcett levels for recipients of the They also argued that body (PC, Calgary-North Hill), armour is not a weapon and amends the Act by creating a Alberta Seniors Benefit and the should therefore not be subject standard formula to be used Assured Income for the Severely to permit requirements. when calculating local access Handicapped will remain the • Bill 16, Traffic Safety (Distracted and franchise fees. During same as will funding for the Driving) Amendment Act, 2010, Second Reading consideration, Persons with Developmental amends the Traffic Safety an amendment was passed to Amendment Act to ban the refer the Bill to the Standing Disabilities program. use of hand-held cellphones, Committee on Community This year marked the second electronic devices such as GPS, Services. The Committee must time that the main estimates as well as tasks which distract report to the Assembly by drivers such as personal October 28, 2010. were referred to the Assembly’s grooming. Hands-free devices five Policy Field Committees or devices that require Budget 2010 according to their respective only one touch will still be On February 9, 2010, Ted Morton, mandates. The Policy Field permitted. Exceptions include Committees met in the evenings the use of cellphones in Minister of Finance and emergency situations and by Enterprise, presented Budget to consider the main estimates emergency personnel and for 2010 and the estimates for of 23 departments during commercial purposes. The Bill the 2010-11 fiscal year. The the 2010 Spring sitting from is currently at Second Reading budget estimates a deficit of 6:30 p.m. to 9:30 p.m. The and will be considered at the estimates of Executive Council next sitting. $4.7 billion for 2010-11 and a deficit of $1.1 billion for 2011- were considered by Committee Private Members’ Public Bills 12. The Sustainability Fund will of Supply. The vote on the main • Bill 201, Workers’ Compensation be used to offset deficits. It is estimates and the Legislative (Firefighters) Amendment anticipated that the province Assembly Office estimates took Act, 2010, introduced by will return to a balanced budget place on March 18, 2010. George Rogers (PC, Leduc- Beaumont-Devon), proposed with a surplus of $505 million Caucus Changes amendments to the Workers’ by 2012-13. Revenue for the Compensation Act to include 2010-11 fiscal year is estimated Dave Taylor (Calgary-Currie) primary site esophageal cancer to increase by $423 million, or resigned from the Official and primary site testicular 1.3%, to $34 billion. Resource Opposition Liberal Caucus cancer in the list of cancers revenue is anticipated to increase on April 12, 2010 to sit as an that firefighters may claim independent Member. Mr. under workers’ compensation by $1.3 billion, or 21.7%, to benefits. The Bill passed Third $7.3 billion. Alberta’s economy is Taylor was elected to his Reading on April 12, 2010. expected to grow by 2.6% in 2010. second term as a Member of the Legislative Assembly of Alberta • Bill 202, Mandatory Reporting of A cross-ministry review Child Pornography Act intro- for the constituency of Calgary- duced by Heather Forsyth identified $1.3 billion in savings Currie on March 3, 2008. He (WA, Calgary-Fish Creek) which will be reinvested in currently serves as a member mandates the reporting of priority areas identified by the of the Standing Committee on child pornography. Where Government. an individual believes that the Economy, the Standing

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 47 Committee on Community Other Matters as lawmakers and community Services, and the Standing representatives. The program is On March 9, 2010, Speaker Committee on Privileges and sponsored by the Royal Canadian Ken Kowalski hosted a ceremony Elections, Standing Orders and Legion, Alberta NWT Command, in the Legislature Building Printing. The Assembly now has which also assists with the Rotunda recognizing Alberta’s two independent Members. program. Francophone community. Les Auditor General Rendez-vous de la Francophonie Speaker Kowalski hosted an is a celebration of the province’s event in the Legislature Rotunda On April 14, 2010, the Assembly French culture and history. on April 14, 2010, to celebrate approved a motion to concur Joining Speaker Kowalski the Sikh Festival of Vaisakhi. in the report of the Select during the recognition ceremony Vaisakhi is an ancient harvest in Special Auditor General were Hector Goudreau, Punjab and marks the beginning Search Committee to appoint Minister of Municipal Affairs; of a new solar year and harvest as Auditor Merwan N. Saher Harry Chase (Lib, Calgary- season. General for the Province of Buffalo) representing the Alberta for a period of six years. Official Opposition; and Micheline Gravel Mr. Saher has been with the Dolorese Nolette, President, Clerk of Journals/Table Research Office of the Auditor General for Association canadienne-française 30 years and served as Assistant de l’Alberta. Auditor General since 1996. On April 12, 2010, Speaker New Lieutenant Governor Kowalski made a statement On April 8, 2010, retired Colonel in the Assembly in connection Donald Stewart Ethell was with the ‘End of an Era’ and named Alberta’s 17th Lieutenant the passing of John Babcock Governor by Prime Minister on February 19, 2010, Canada’s Stephen Harper. Col. Ethell was last known Veteran of the First born July 1937 in Vancouver, World War. Speaker Kowalski New Brunswick British Columbia. He served also paid tribute to the sacrifices, 38 years with the Canadian achievements, and contributions Armed Forces and participated made by all those who served for he Fourth Session of the in fourteen international peace- Canada during the First World TFifty-Sixth Legislature keeping missions in Cyprus, War. adjourned Friday, April 16, Lebanon, Israel, and the Balkans. On February 22, 2010, the 2010 following a 68-day session Since retiring he has worked Speaker hosted local Girl Guides which focused largely on a with Canada’s veterans and is in the Legislature Building proposed energy agreement with the National President of the Rotunda as part of a celebration Hydro-Québec. The proposed agreement dominated question Canadian Association of Veterans of the 100th anniversary of the in United Nations Peacekeeping. Girl Guides of Canada. Speaker period, Members’ Statements and He was inducted into the Alberta Kowalski recognized the work of Opposition Members’ Business. Order of Excellence in 2001. Col. Girl Guides in their communities. The House received 256 petitions, Ethell was installed as Lieutenant the majority of which related to Mr. Speaker’s MLA for a Day the sale of NB Power. Governor on May 11, 2010. was held on April 12 and 13, Proposed Energy Agreement Adjournment of the Spring 2010. Seventy-nine students from Sitting across Alberta participated in A Memorandum of the program which is designed Understanding unveiled in The Spring Sitting of the Third to give Alberta high school October 2009 between the th Session of the 27 Legislature students the chance to find out governments of Québec and adjourned on April 21, 2010, after what it really means to be an New Brunswick proposed low 31 sitting days. By the conclusion MLA. Through conversations and more predictable electricity of the sitting, 15 Government with MLAs and participation in rates and would see Hydro- Bills, two Private Members’ the two-day program, students Québec acquire most of the assets Public Bill, and three Private Bills were able see how MLAs act of NB Power for an amount were passed by the Assembly.

48 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 equivalent to NB Power’s debt be considered. The Opposition of early childhood education of $4.75 billion. Residential introduced motions calling upon in child care facilities. The rates would be frozen for five the government to delay the Act would ensure that all early learning and child care years; industrial rates would be implementation of the agreement facilities use an approved substantially lowered. until after a general election or curriculum framework; that Changes announced in January referendum was held on the there is prescribed training matter. on a selected curriculum 2010 would see the province framework by staff and that retain ownership and control of On March 24, 2010 Premier staff are paid as professionals. transmission and distribution; Shawn Graham announced to It brings New Brunswick in NB Power would continue as the House that the province line with other provinces and a New Brunswick-owned and would no longer be proceeding territories which have stand- alone legislation governing operated Crown corporation; with discussions to finalize child care services and New Brunswick would receive the energy agreement with facilities. $3.2 billion for the sold assets, Hydro-Québec. He noted that • Bill 58, Following the projected to be a sum sufficient over the past several weeks, as tabling of a report entitled to retire the debt related to government worked to take the Toward an Improved Health the generation assets of NB agreement and turn it into a full System in French in New Power; and businesses would legal document, Hydro-Québec Brunswick, which outlined recommendations for continue to enjoy substantial rate had asked for changes to the improvements in the benefits. Other benefits of the agreement that would have, Francophone health system, agreement, elimination of most unacceptably, taken away some Health Minister Mary Schryer of the financial risks associated of the value and increased some introduced An Act Respecting with electricity production as of the risk for New Brunswickers. Health Services and Language, which allows solutions to well as the risks associated with The Premier stated that this ensure that New Brunswick’s servicing a large debt portfolio, change in Hydro-Québec’s distinct linguistic communities remained substantially the same. position meant that the terms of are recognized throughout the health system. The minister The government announced the agreement, in principle, could not be met and the government noted that the amendments that, following the tabling of reflect what was heard from the legislation and the final could not accept that. the Francophone population and will move New Brunswick agreements, there would be Legislation more than 30 days of debate in toward a stronger, more efficient health care system. the legislature and a legislative Among noteworthy pieces of committee would review the final legislation adopted or considered • Bill 39, Economic and Social during the session were: Inclusion Act, introduced by agreements, hear from experts Social Development Minister and listen to stakeholders in • Bill 12, New Brunswick Internal Lamrock, establishes a order to satisfy the requests to Services Agency Act, introduced New Brunswick Economic make the process as open and as by Supply and Services and Social Inclusion Minister Ed Doherty, the transparent as possible. Corporation. This arm’s- goal of which is to modernize length, nonpartisan group The Official Opposition the way government does made up of stakeholders will opposed the agreement, business, by having services be able to address provincial delivered by a single stating that the government issues from equality of agency rather than by each health benefits to provincial had promised not to sell the department, and allowing poverty policy. It will provide utility and then entered into departments to focus on for the establishment and negotiations to do so without delivery of frontline programs funding of community a mandate. The Leader of the and services. inclusion networks to address Opposition, David Alward, • Bill 49, Early Learning and challenges like equal access to transportation, literacy suggested that the process Childcare Act, was introduced by Social Development mentoring for young people, announced by the government Minister Kelly Lamrock, who and community placements to review the final agreement noted that the Bill provides for people with disabilities. would be ineffective because it government not only with • Bill 57, An Act to Amend the would not engage the public in the regulatory power to make Auditor General Act, introduced meaningful consultation and sure that day cares are safe, by Opposition Leader but also gives the Minister the Mr. Alward, proposed that suggested alternatives would not power to regulate the quality

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 49 the Auditor General report was subsequently appointed Housing. to the Legislative Assembly to the Senate of Canada. First • Jeannot Volpé, (PC, annually, and sixty days prior elected in 1999, and re-elected in Madawaska-les-Lacs), first to a fixed general election date, elected 1995; re-elected 1999, on the work of his office, and 2003, she served as Minister of the Office of Human Resources, 2003, 2006; served as Minister on whether, in carrying on the of Natural Resources, Minister work of his office, he received Minister of Local Government of Finance, and Leader of the all the information and and Minister responsible for Official Opposition. explanations he required. The Aboriginal Affairs. She was re Bill was defeated at second Standings at the time of elected in 2006. reading. adjournment were: Liberals 32; • Bill 25, An Act to Amend the Six Members announced that Progressive Conservatives 21; Motor Vehicle Act, introduced they would not re-offer in the fall Vacant 2. by the Opposition Leader election: would extend the suspension On April 7, retiring Conflict time for blowing a warning • Antoon (Tony) Huntjens, of Interest Commissioner, from one to five days. (PC, Charlotte-Campobello), first elected 1999 (Western Patrick A.A. Ryan, Q.C. was • Bill 54, a subsequent Charlotte), re-elected June 9, honoured for his exemplary amendment to the Motor 2003 and 2006; served as service to the Members and to Vehicle Act was introduced Minister of Family and the Legislative Assembly, as by Public Safety Minister Community Services and Commissioner. Mr. Justice Ryan John Foran who noted the Minister responsible for the government’s support of Advisory Council on Seniors. served as a Judge of the Court of the principles of Bill 25. The Queen’s Bench, Trial Division, minister noted that the Motor • Stuart Jamieson, (Lib,Saint John-Fundy), first elected 1987, Judge ex officio of the Court of Vehicle Act currently authorizes Appeal and Judge of the Court of the police to issue 24-hour re-elected 1991, 1995, 2003, short-term suspensions to 2006; served as Minister of Appeal of New Brunswick. State for Rural Development, drivers who register a blood Building Restoration alcohol concentration of 0.05%. Minister of Agriculture and The amendments increase this Rural Development, Minister of Tourism and Parks. Phase 4 of Restoration of the suspension period to seven Main Legislative Building’s days and eliminate the seven- • Joan MacAlpine-Stiles, (Lib, day temporary license under Moncton West), first elected Historic Masonry and New the administrative license in 1999 as a PC in Moncton Copper Roofing continues on suspension scheme for drivers South, re-elected 2003 and schedule. Phase 5 will see the charged with offenses under 2006 (Moncton West); served completion of the Building’s new the Criminal Code. as Minister of Municipalities, copper roofing and masonry, a • Bill 52, An Act to Amend the Minister of Business New Brunswick, Minister of Family new southeast atrium entrance, Education Act, also introduced Library courtyard upgrades and by the Opposition Leader, and Community Services, defines bullying and Minister of Tourism and Parks. new landscaping of the grounds. harassment; makes bullying She joined the Liberal caucus and harassment a causal of Premier Shawn Graham in Loredana Catalli Sonier April 2007. offense for suspension; and Clerk of the Legislative Assembly requires those affected by • Roly MacIntyre, (Lib, Saint of New Brunswick bullying and harassment to John East), first elected 1995 undertake awareness training. (Saint John Champlain), The Bill did not proceed re-elected 2003 and 2006; beyond the second stage. served as Minister of Advanced Education and On April 7, 2010, Government Labour, Minister of Economic Private Member Burt Paulin Development, Tourism and introduced a time allocation Culture, and Minister of motion limiting debate on the Supply and Services. 19 Government Bills remaining • Eugene McGinley, (Lib, on the Order Paper. Grand Lake-Gagetown), first elected 1972, re-elected Resignations / Retirements 1974 (Bathurst), 2003 (Grand Saskatchewan Lake); served as Speaker and Rose-May Poirier, (PC, Minister of State for Seniors Rogersville-Kouchibouguac), and Minister of State for he third session of the of resigned February 26, 2010, and Tthe twenty-sixth legislature

50 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 resumed on Monday, March 8, The Opposition took issue and Protection Act, 2009, 2010. The Spring sitting proved to with the government’s definition • The Forest Resources be more rancorous than others in of a balanced budget because Management Amendment Act, recent years. Speaker, Don Toth it was spending more than it • The Environmental Assessment made numerous rulings ranging was taking in with the balance Amendment Act, 2009, from oral presentation of being covered by funding • The Management and Reduction petitions, statements by Members from the Growth and Financial of Greenhouse Gases Act, and Ministers, unparliamentary Security Fund. The government • The Wildlife Habitat Protection language, the sub judice defended its accounting practice (Land Designation) Amendment convention, meeting periods by arguing that it had not Act, 2009, and of standing committees, the changed the methods utilized • The Management and Reduction use of closure, the propriety of by the opposition when it was of Greenhouse Gases Act. oral questions and responses to in government. Provincial Auditor, Fred Wendel, renewed written questions. The latter bill will create his long-standing criticism of the A major dispute developed the Office of Climate Change, government of Saskatchewan’s over the course of the session develop several special non- practice of using only the general over sitting hours, culminating profit corporations including revenue fund financial statements in the government introducing The Saskatchewan Technology when reporting its budget and a motion that extended the Fund, establish baseline emission financial position. He said all daily sittings and meeting times levels and outlines compliance, other governments in Canada from eight in the morning to inspection and enforcement have adopted the use of summary midnight. The government conditions. house leader, Dan D’Autremont, financial statements, which look claimed that the extra hours at all government revenues and Committee Activity were necessary because the spending, including Crown The Standing Committee on opposition was unduly holding corporations. Crown and Central Agencies up the government’s legislative Bills tabled its Ninth Report, Inquiry agenda. Opposition house into Saskatchewan’s Energy leader, Kevin Yates argued To date, there have been 32 bills Needs – Final Report. The Final that his caucus was merely that have been reviewed and Report outlines the information utilizing the hours available to reported back to the Assembly. gathered by the Committee the full extent allowed under the Of notable interest, Bill 133 – during the public hearings held regular legislative calendar. The The Tobacco Control Amendment in October 2009 and January government invoked closure on Act which continues to limit 2010. These hearings were the extended sitting hour motion, advertising and sales of tobacco held in Regina, Saskatoon, La which was adopted and came products. The Bill also banned Ronge, Lloydminster, Prince into effect on Monday, April 26, smokeless tobacco in schools and Albert, Yorkton and Estevan. 2010. makes it illegal for minors under In total, the Committee held 16 to be in a motor vehicle with 18 days of public hearings, heard Budget someone smoking. testimony from 63 witnesses and On March 24, 2010 the Finance Issues concerning the received 42 written submissions. Minister, Rod Gantefoer environment were the subject The Final Report summarizes presented the province’s budget of many bills during the spring witness testimony and written for 2010-2011. The theme of the sitting of the Assembly. Given the submissions, outlines themes budget was “balanced, forward- shift to a results-based-regulatory from all of the public hearings looking and responsible”. The system, many bills are being and makes recommendations. budget promised to reduce the enhanced, amended, consolidated Based on the information size of the public service and or repealed. The new bills presented, the Committee made overall government spending. included: 20 recommendations. The Ministries of Education and Health did see increases in the Bills, main estimates and overall budget but sustained • The Conservation Easements supplementary estimates cuts to programming such as Amendment Act, 2009, are progressing through the subsidized chiropractic services. • The Environmental Management Committees. On April 1, 2010

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 51 the main estimates and appointed to the Canadian Senate carry out the review had passed. supplementary estimates were by the Prime Minister after The Government responded that referred to the Committees. representing the people of Leeds- the section of the Act requiring Grenville for nearly 30 years and such a review would have been Retirement and Appointment of Jim Watson, the Member for repealed should an existing bill Independent Officers Ottawa West-Nepean, resigned (Bill 16) pass that was introduced Fred Wendel, the Provincial his seat to run for mayor in the before the March 28th deadline Auditor and Gerrald Gerrand, City of Ottawa. The residents and was then being debated in Conflict of Interest Commissioner of these two constituencies the House. The Speaker did not have retired. Both Legislative were called to the polls on find that a prima facie case of Officers received tributes by March 4, 2010. Glen Murray, contempt existed, but referred the Members in the Assembly a former mayor for the City of matter to the Standing Committee and farewells hosted by the Winnipeg between 1998 and of the Legislative Assembly Speaker. On April 29, 2010, 2004, was elected in a by-election because of his concerns with Ronald L. Barclay, Q.C. was held on February 4, 2010. He provisions that are sometimes appointed as the new Conflict of now represents the riding of embedded in legislation which Interest Commissioner. Toronto Centre, a seat vacated mandate a future review by a by George Smitherman in legislative committee. Stacey Ursulescu November 2009. In the March Committee Activities Committee Researcher 4th by-elections, Steve Clark was victorious in Leeds-Grenville and The Select Committee on Mental Bob Chiarelli in Ottawa West- Health and Addictions, which Nepean. Mr. Chiarelli is returning was struck on February 24, 2009 to the Ontario Legislature after to report on a comprehensive once representing the people of Ontario mental health and Ottawa West between 1987 and addictions strategy, tabled its 1997. interim report on March 31, 2010. Also before prorogation, The Committee continued to hold certain business remaining on the hearings in April and May 2010. Orders and Notices Paper was The Standing Committee on carried over from the First to the Government Agencies continued Ontario Second Session at the same stages to conduct reviews of, and to for the House and its committees. consider intended appointments he First Session of the 39th On April 19, 2010, the Speaker to, Ontario Government agencies, TParliament resumed on delivered a ruling in the House boards and commissions. In February 16, 2010 and was concerning the statutory March, 2010, the Committee prorogued on March 4, 2010. requirement in the Local Health presented its long-awaited The session was the longest System Integration Act, 2006 that a report on the Ontario Securities in Ontario’s history and legislative committee undertake Commission. Committee lasted a total of 828 days with a review of that Act within a recommendations included: its beginning dating back stated period of time. The Act creation of a dedicated capital to November 28, 2007. To called for the commencement markets crime unit; establishment open the Second Session of of the legislative review four by the Ministry of Finance of an Parliament, Lieutenant Governor years to the day after the Act industry-funded compensation David C. Onley delivered the received Royal Assent, which fund; establishment by the Speech from the Throne in would have been March 28, 2010. OSC of an investor advisory the Legislative Assembly on The Opposition parties argued body; creation of an investor March 8, 2010. that the Government was in representative on the OSC’s Prior to prorogation, the contempt of the Legislature for board of directors; and the Legislature bade farewell to some not complying with the provision launching of a formal review familiar faces and welcomed in the statute since the deadline of democracy in corporate new ones in a number of by- to take the necessary steps to governance in Ontario. The elections. Robert Runciman was enable a legislative committee to Committee also recommended

52 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 that the OSC and the province responsible for Government continue to work with other Administration. Before the end levels of government, regulators of the 2009–2010 fiscal year, and stakeholders, toward the the Assembly adopted interim implementation of a national supply estimates granting funds securities regulator. to cover a quarter of the main The Standing Committee on estimates for the new fiscal Justice Policy considered Bill 158, he National Assembly year (Appropriation Act No. 1, An Act to repeal and replace the Tresumed on February 9, 2010, 2010–2011). The debate on the statutes governing The Certified after the holiday recess. Early Budget Speech, which lasts General Accountants Association of in the new sessional period, 25 hours, then began, followed Ontario, the Certified Management electronic petitions, made possible by consideration of the main Accountants of Ontario and The by the parliamentary reform estimates in parliamentary Institute of Chartered Accountants adopted in 2009, were tabled in committee. the House for the first time. of Ontario. Public hearings Rulings from the Chair were held in April with clause- An emergency debate on by-clause consideration on the Agreement between the On February 18, Speaker April 29, 2010. The Bill was Government of Canada and the Yvon Vallières handed down a reported back, as amended, on Government of the United States ruling in response to a request May 3, 2010. of America on Government for a directive about the tabling Procurement was held on of a special warrant respecting The Standing Committee on February 16 after the Chair the estimates of expenditure the Legislative Assembly met granted leave for the debate. As for the period from April 1 to over a period of three weeks to provided in the Standing Orders, June 30, 2010. The Chair of the An Act to amend consider Bill 231, the limited two-hour debate Assembly has made clear in the the Election Act and the Election was not subject to a vote in the past that the issuance of special Finances Act. The proposed Assembly. warrants is a financial initiative legislation was the government’s falling within the Government’s response to recommendations On March 23, during the debate on the passage in principle exclusive purview, and that the contained in a report tabled by Chair is accordingly competent the Select Committee on Elections of Bill 78, An Act to amend the Election Act with regard to electoral to rule neither upon the validity in June 2009. The amended Bill of such a warrant nor upon its was reported back to the House representation and political party financing rules and to amend other expedience, that being the role on April 22, 2010 and is now of the courts. The Chair again subject to 3rd Reading debate. legislative provisions, the Minister responsible moved to divide expressed a concern regarding The Standing Committee the bill. After the Speaker ruled the recourse to special warrants: on Social Policy held public that the motion was in order, the that it is not desirable for such hearings to examine Bill 242, An Assembly debated and adopted it warrants to supplant the process Act to amend the Education Act and the bill was divided into two envisaged in the Standing Orders and certain other Acts in relation separate bills: for the consideration of and to early childhood educators, junior concurrence in the estimates of • Bill 92 – An Act to amend the kindergarten and kindergarten, Election Act with regard to expenditure, including interim extended day programs and certain electoral representation; supply. other matters. The Committee held • Bill 93 – An Act to amend the The Speaker also handed three days of public hearings Election Act with regard to down a directive on March 9 over two weeks and amended political party financing rules concerning the allocation of the Bill during clause-by-clause and to amend other legislative provisions. Business Standing in the Name consideration before reporting it of Members in Opposition back to the House for passage. On March 30, the Minister of and interpellations between Finance delivered the Budget Opposition Members. The Katch Koch Speech for the 2010–2011 fiscal directive follows the same logic as Committee Clerk year and the budget estimates the directives of November 2009 were tabled by the Chair of the that resulted from the decision Conseil du trésor and Minister

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 53 of two Members of the National Launched on February 17, the committee stage. It will be Assembly to sit as Independent a new series entitled Figures recalled that prior to clause- Members. It seeks to respect the de la démocratie highlights by-clause consideration, the choice of the Members who, on various persons and institutions Committee had recommended a April 21, 2009, unanimously that have influenced Québec’s reprint of the bill to accommodate adopted the new rules of the democracy. The first episode on the numerous amendments the parliamentary reform, and Henri Bourassa was broadcast on Minister responsible for the bill protects the rights of the Official February 22 at 7:00 p.m. on both announced after the general Opposition as well as those of the the National Assembly channel consultations. Member for Mercier. and assnat.qc.ca. The Committee on Institutions Make-up of the National On March 14, the National held public hearings in February Assembly Assembly channel broadcasted and March in the course of the 100th program in a series general consultations on Bill 78, Since January 14, 2010, Member entitled Mémoires de députés, An Act to amend the Election for Beauce-Sud and Minister of consisting of interviews Act with regard to electoral Revenue, Robert Dutil, has been granted by former Members representation and political party acting for Minister of Agriculture, of the National Assembly to financing rules and to amend other Fisheries and Food and Minister journalist Gilles Morin. The legislative provisions, during which responsible for Canadian former parliamentarians relate it heard over 40 individuals Intergovernmental Affairs memorable moments of their and organizations. The bill and the Reform of Democratic careers and of Québec history set out new rules and a new Institutions, Claude Béchard, with humour and sensitivity. procedure for the determination who is absent for health reasons. Claire-Hélène Hovington, the of the number and boundaries of Other Events first woman Member for Matane, electoral divisions. As mentioned was invited for the occasion. earlier, the Assembly debated and On March 16, 2010, the National The Speaker of the National adopted a motion to divide the Assembly launched its new Assembly presented the Medal bill into two separate bills under website. The site was completely of Honour of the National Standing Order 241. The motion revamped to allow the public to Assembly to Dany Laferrière was carried and the Minister follow Assembly and committee to mark his receipt of the 2009 responsible later introduced proceedings in real time and Médicis literary prize, and to Bill 92, An Act to amend the to provide more opportunities Luc Robitaille for his remarkable Election Act with regard to electoral for them to express their views. career with the National Hockey representation, and Bill 93, An Among the new features are a League. Act to amend the Election Act with detailed calendar of activities, regard to political party financing a more efficient search engine, Jacques Gagnon rules and to amend other legislative a more user-friendly audio House Secretariat provisions. and video section and a free In January and February, the subscription to information feeds Parliamentary Committees Committee met five times to (RSS feeds). With more than After holding general hold general consultations on 68,000 web pages, the National consultations in September the draft bill entitled An Act to Assembly’s website contains a and October, the Committee on amend the Civil Code and other wealth of information. To visit Agriculture, Fisheries, Energy legislative provisions as regards the new site, go to assnat.qc.ca. and Natural Resources spent adoption and parental authority. On February 7, the Speaker 16 meetings examining Bill 57, the Thirty-five individuals and inaugurated an exhibition in Sustainable Forest Development Act, organizations were heard during the National Assembly Library clause by clause. Bill 57 amends the consultations, including entitled Le Devoir: Witness to the Forest Act and introduces four people who submitted a Political Life in Québec to mark a new forest regime based on request to be heard without a the 100th anniversary of this the regionalization of decision- brief. The draft bill proposes independent Québec daily making in forest management new rules concerning the newspaper. and planning. The bill’s 370 plus confidentiality of the information sections were examined during contained in adoption files and

54 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 three innovations in the field of and the Environment held from each parliamentary group, adoption, namely, open adoption, general consultations on Bill 71, to examine a petition and to adoption in which the original An Act to again amend the Highway hear its originator, or his or her bond of filiation is not dissolved, Safety Code and other legislative representatives, as well as other and the judicial delegation of provisions. The bill amends persons or bodies. To date, no parental authority. the Highway Safety Code by committee has initiated such Under section 1 of the introducing various measures proceedings. Residential Swimming Pool aimed at improving Québec’s With the National Assembly’s Safety Act, the Committee on highway statistics, such as a new website now in operation, Planning and the Public Domain 24-hour licence suspension for the public may send online held special consultations and drivers whose blood alcohol comments in on bills or any order public hearings to examine the concentration is between 50 and carried out by a parliamentary draft regulation on residential 80 mg of alcohol in 100 ml of committee. Comments on bills swimming pool safety. During blood, penalties for street racing, may be made as soon as they are consideration of the draft and updated traffic rules for introduced and right through regulation, the Committee pedestrians and cyclists. The to their adoption. Other orders agreed to proceed in the same Committee received 35 briefs may be commented on as soon manner as for a bill, that is, and heard 26 individuals and as they are initiated or referred clause by clause. However, organizations, including two to the competent committee and since the power to adopt and people who submitted a request up until the report is tabled. This amend a draft regulation rests to be heard without a brief. new feature will ensure that with the Government and not On February 4, the Committee committee proceedings better parliamentary committees, on Public Administration heard reflect the concerns of citizens. the sections were not adopted. the Secretary General and person Following the meetings held responsible for the administration Stéphanie Boutin on January 20, March 11 and of the Office of the Lieutenant- Committees Secretariat March 17, the Committee Governor, Michel Demers, tabled its report containing and the Secretary General 10 recommendations. of the Conseil exécutif, In February and March, the Gérard Bibeau, to follow up on Committee on Health and Social the recommendation in Chapter 3 Services held consultations on of its Twenty-first Report on the dying with dignity, hearing over Accountability of Deputy Ministers 30 experts and organizations and Chief Executive Officers of on the subject. The Committee Public Bodies. is preparing a consultation On March 11, for the first paper that it must give the time, the Committee heard the House of Commons Select Committee on Dying with Public Protector concerning her Dignity before next May 25. 2008–2009 annual management he Third Session of the The Select Committee will then report, in accordance with the TFortieth Parliament began on conduct an extensive consultation Public Administration Act and the March 3, 2010. The motion for the among Quebecers, scheduled to Standing Orders of the National Address in Reply to the Speech begin in fall 2010. Assembly. from the Throne was moved and seconded on that day and On February 10, Member for Petitions and Online Comments Rosemont, Louise Beaudoin a Liberal amendment and Bloc was elected as vice-chair of Four committees so far have Québécois subamendment were the Committee on Health and held a deliberative meeting to moved on March 11. Two further Social Services. Her election decide whether to examine a days of debate were held on followed the resignation of petition presented to the National March 18 and 22. Camil Bouchard as Member for Assembly. Since the coming into Financial Procedures Vachon on January 6. force of the parliamentary reform, a committee may decide, by a The prorogation of the Second In February and March, the majority vote of the members Session from December 30, 2009 Committee on Transportation

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 55 until March 3, 2010, resulted in Edmonton–Strathcona, Linda The amendment, which would a number of modifications to the Duncan, moved a motion allow Quebec to opt to be exempt Business of Supply. to empower the Committee from the Act, had been ruled Further to changes made to the to divide the Bill. However, out of order by the Committee House calendar on March 3, 2010, the House agreed to adjourn Chair because it went beyond the Speaker informed the House debate on the motion and it the scope of the Bill. The ruling that there would be a total of four was transferred to Government was appealed and overturned, supply days in the period ending Orders. and the amendment was then March 26, and nine in the period On April 27, 2010, the Member adopted by the Committee. On ending June 23. for Nanaimo–Cowichan, April 29, the Speaker ruled that the amendment went beyond the Although, pursuant to Jean Crowder, proposed a motion of instruction to give scope of the Bill and therefore Standing Order 81(4), the main declared it null and void. estimates are required to be the Standing Committee on tabled by March 1, they were Aboriginal Affairs and Northern Questions of Privilege Development the power to tabled on March 3. To resolve The issue of the House’s ability to the discrepancy, the Standing expand the scope of Bill C-3, An Act to promote gender equity in obtain the unredacted documents Order was amended on March 19 pertaining to the transfer of to replace, for the calendar year Indian registration by responding to the Court of Appeal for British Afghan detainees, pursuant 2010, the words “March 1” with to the Order of the House the words “March 3”. Columbia decision in McIvor v. Canada (Registrar of Indian and adopted on December 10, 2009, Also in response to the Northern Affairs). After debate, continued to be discussed. On prorogation, the New Democratic the motion was transferred to March 5, 2010, the Minister of Party moved a supply day Government Orders. Later that Justice, Rob Nicholson, rose on motion on March 17 which day, during the clause-by-clause a point of order to “inform the recommended that “the Prime consideration of Bill C-3, the house that the government has Minister shall not advise the Committee overturned a decision engaged former Chief Justice Governor General to prorogue of its Chair who had ruled an Frank Iacobucci to undertake an any session of any Parliament amendment inadmissible, and independent, comprehensive and for longer than seven calendar then subsequently adopted proper review of the documents days without a specific resolution the amendment. On April 29, at issue, including those that was of this House”. The motion was the Parliamentary Secretary to proposed to be withheld from agreed to by a vote of 139-135. the Leader of the Government release”, and on March 16, he On March 4, the Minister in the House of Commons, tabled the terms of reference for of Finance presented the Tom Lukiwski, argued that the the review. budget which announced, amendment should be ruled On March 18, 2010, questions among other things, measures inadmissible as is went beyond of privilege were raised by to freeze Members’ salaries the scope of the Bill. The Speaker Derek Lee (Scarborough–Rouge and departments’ operational reserved his decision until River), Jack Harris (St. John’s spending until 2013. The other Members had a chance to East) and Claude Bachand (Saint- motion to approve in general comment. Jean) related to the Order. On the budgetary policy of the that day, as well as on March 25, Private Members’ Business government was adopted 142-132 March 31, Apri1 1, and April 12, on March 10. On April 1, 2010, Mr. Lukiwski a number of other Members also argued that an amendment intervened on the matter. In his Legislation adopted by the Standing arguments on March 18, Mr. Lee Bill C-9, An Act to implement Committee on Human Resources, alleged that the comments of the certain provisions of the Skills and Social Development Minister of National Defence as Budget, was introduced on and the Status of Persons with well as those made by an official March 29, 2010, and referred Disabilities to Bill C-304, An from the Department of Justice to the Standing Committee Act to ensure secure, adequate, in a letter to the Law Clerk of the on Finance on April 19. On accessible and affordable housing House of Commons intimidated April 22, the Member for for Canadians, was out of order. officials appearing before the

56 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 committees. He and the other and those made in a letter by a party critics time to suggest some Members also argued that the Department of Justice official, way of resolving the impasse but Government’s failure to comply he concluded that neither the that, if in two weeks’ time, the with the Order of December 10 Minister’s comments nor the matter had not been resolved, he constituted a contempt of the letter constituted a direct attempt would return to make a statement House’s right to order for papers to prevent or influence the on the motion that would be and records. On March 31, testimony of any witness and allowed in the circumstances. the Government, through that, therefore, there was not a interventions by Mr. Lukiwski prima facie case of contempt on Points of Order and the Minister of Justice and this point. In March 2010, two points Attorney General, responded to Third, on the House’s right of order and a question of the questions of privilege, stating to order the production of privilege were raised regarding that the production of many documents, the Speaker stated the use of new technologies of the documents listed in the that in a system of responsible by some Members. The issues December 10 Order could not government, the fundamental raised related to the leaking be accomplished by an Order of right of the House of Commons of information from an in the House, but rather required to hold the government to camera committee meeting an Address to the Crown, that account for its actions was an (March 10, 2010), the posting the comments of the Minister indisputable privilege and, in of a photo of a Member in of Defence and the Justice fact, an obligation. He cited a committee meeting on Department official were matters several authorities on the Facebook (question of privilege, of debate, that parliamentary question and concluded that it March 24, 2010), and using the privilege was neither indefinite was within the powers of the social networking site Twitter to nor unlimited, and that the House House of Commons to ask for report on the number of Members had no authority to demand the documents specified the of each party present in the unfettered access to documents. Order. He added that the issue House (March 24, 2010). It was further argued that the before the House was to put in Regarding the latter Government had the duty to place a mechanism by which instance, the Member for protect information that could these documents could be made Joliette, Pierre Paquette, asked jeopardize national security, available to the House without the Speaker to rule on the national defence, international compromising the security and matter, arguing that there is a relations and the lives of confidentiality of the information longstanding rule that Members Canadian soldiers in Afghanistan. they contained. may not allude to the presence On April 27, Speaker Finally, the Speaker addressed or absence of another Member Peter Milliken, delivered a the issue of trust among in the House. The Speaker ruled ruling on the questions. Due to Members and the Government on April 1 that it would be the complexity of the issues, he in the House of Commons. He clearly impossible for the Chair explained that he had regrouped admitted that finding common to police the use of personal them thematically. First, to the ground would be difficult, but digital devices by Members, but arguments that the production reminded Members that the strongly advised all Members of documents could only be House and the government had to refrain from such behaviours obtained by way of an Address had an unbroken record of some in the future, given the possible to the Governor General, the 140 years of collaboration and repercussions on colleagues Speaker concluded that it was accommodation. and on the reputation of the procedurally acceptable for the House itself. The Speaker also House to use an Order rather The Speaker ruled that, on recommended that the Standing than an Address to require the analyzing the evidence and Committee on Procedure and production of these documents. the precedents, he could only House Affairs consider the issues conclude that the Government’s related to these technologies Second, regarding the failure to comply with Order of allegations of intimidation made and their impact on House December 10, 2009, constituted and committee proceedings. by Mr. Lee in connection with a prima facie case of privilege. He the comments made by the The Committee subsequently then stated that he would allow commenced a study on new Minister of National Defence House Leaders, Ministers and

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 57 technologies and their impact to take all necessary steps to Emergency Debates on House, and on April 20, end immediately the wasteful An emergency debate was held Speaker Milliken and the Clerk practice of Members sending on March 30, 2010, regarding of the House, Audrey O’Brien, mass mailings, known as ten- funding of the Aboriginal appeared before the Committee percenters, into ridings other Healing Foundation, the to discuss the matter. than their own”. The motion was foundation that supports adopted the following day by victims of the residential schools Committees a vote of 140 to 137. The advice program. On March 3, 2010, the first sitting having been heeded, on April 16, day of the session, the House the Committee reported to the Commemorations modified the membership of House a recommendation that, The passing of John Henry the Standing Committee on in light of the decision of the Foster Babcock, Canada’s oldest Procedure and House Affairs, Board of Internal Economy to surviving World War I veteran, and adopted a Special Order limit ten-percenters to Members’ was marked by statements from to authorize the Clerk of the own ridings, both questions of all parties on March 4, 2010, as House to convene a meeting of privilege be discharged. well as a Ministerial statement the Committee later that day, Issues and items currently and responses thereto on and to have the House deem under study by standing March 29, 2010. adopted, upon presentation, the committees include: First Report of the Committee On March 3, the House • allegations of interference in resolved itself into Committee concerning the memberships Access to Information requests committees. The Order also (Standing Committee on of the Whole to welcome provided that the routine motions Access to Information, Privacy, a torchbearer carrying the of each committee in effect at and Ethics); Paralympic Flame. On March 15, the time of prorogation of the • prorogation (Standing the Minister of Human Resources previous session be deemed to Committee on Procedure and and Skills Development, have been adopted in the current House Affairs); Diane Finley, and Minister of session, provided that committees • renewable energy projects State for Democratic Reform, were empowered to alter or funded by the government Steven Fletcher, as well as (Standing Committee on members of the opposition rescind such motions as they Government Operations and deemed appropriate. On the same Estimates); parties, made statements during Statements by Ministers to day, the House also adopted a • the situation at Rights and motion to re-establish the Special Democracy (International congratulate Canadian athletes Committee on the Canadian Centre for Human Rights and participating in the Paralympics. Mission in Afghanistan. Democratic Development) Following Question Period on (Standing Committee on April 22, the House resolved The issue of the use of ten- Foreign Affairs); itself into Committee of the percenters was examined again • young farmers and the Whole to welcome Olympic and in the Standing Committee on future of farming (Standing Paralympic athletes on the floor Procedure and House Affairs Committee on Agriculture and of the House. when, on March 15, the matter of Agri-Food); the questions of privilege raised • immigration application On March 11, the House by the Member for Sackville– process wait times (Standing observed a moment of silence Eastern Shore, Peter Stoffer, Committee on Citizenship and in memory of the earthquake Immigration); and by the Member for Mount victims in Haiti and Chile. On Royal, Irwin Cotler, in the • maternal and child health April 12, a moment of silence (Standing Committee on the was held in honour of the losses previous session were referred Status of Women); anew to the Committee, along sustained in Poland by the death • emerging digital media of its President and other officials. with the evidence heard and (Canadian Heritage); and, papers received in that session. • Bill C-391, An Act to Amend During Statements by On the same day, the Liberal the Criminal Code and Firearms Ministers on April 20, the Party moved a motion that, Act (repeal of long-gun registry) Minister of State for Seniors, among other things, directed (Standing Committee on Diane Ablonczy, along “the Board of Internal Economy Public Safety and National with representatives of each Security).

58 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 opposition party, honoured of the Royal Newfoundland Canadian volunteers as part of Constabulary, was elected in the National Volunteer Week. District of Topsail. The last RNC A moment of silence was held officer elected to the House was on April 28 to commemorate Llewellyn Strange who was first workers who were injured or elected in 1956 in the District of whose lives have been lost in the Port de Grave. Mr. Davis took workplace. his seat in the House on April 21 when the House reconvened after Membership and Party the Easter break. Affiliation Changes The second session of the 46th On April 9, 2010, the Prime General Assembly was prorogued Minister accepted the resignation on March 22 and the Throne from Cabinet of Helena Guergis Speech opening the Third Session (Simcoe–Grey). Having also been was delivered on the same Senate excluded from the Conservative day by Lieutenant Governor, John C. Crosbie. Tom Marshall, caucus, Ms. Guergis now sits as overnor General MHA delivered the Budget on an Independent Conservative. Michaëlle Jean read the March 29. G On April 28, Judy Wasylycia- Speech from the Throne to open Leis, the Member for Winnipeg The Supply proceedings began the third session of the 40th North since 1997, rose in the when the House reconvened Parliament on March 3, 2010. The Chamber to announce her after the Easter break and it is five new Conservative senators resignation and to express expected that the Spring sitting who had been appointed in appreciation to those who had will continue until early June. January 2010 (Robert Runciman, supported her throughout the Vim Kochhar, Pierre-Hugues Spending Scandal denouement years. Members from all parties Boisvenu, Elizabeth Marshall made statements thanking her Bill Murray, former Director and Rose-May Poirier) were for her contributions to public of Financial Operations of the sworn in the same day in the service. The seat was declared House of Assembly, who pleaded Senate Chamber. vacant effective April 30, 2010. guilty in January to four charges In accordance with tradition, in relation to the constituency the Senate’s first item of business Samy Agha allowance spending scandal was following the Speech from the Procedural Clerk sentenced on February 22 to two Throne is the pro forma bill S-1, Table Research Branch years in jail and ordered to pay an Act relating to railways. restitution of $177,000. The Deputy Leader of the John Hand, a businessman Government introduced the bill connected to the spending and it was read for the first time. scandal, pleaded guilty to No debate follows as the first fraud over $5000, frauds on reading of the bill affirms the the Government and breach Senate’s independence in relation of probation on April 9. A to the Crown and its right to sentencing hearing is scheduled debate any issue it chooses for August 27. The resolution without reference to the policies Newfoundland and and plans outlined in the Speech Labrador of this case marks the end of the legal process arising out of from the Throne. the spending scandal which the It is customary for two new lizabeth Marshall, former Auditor General reported on in senators to move and second the EMember for Topsail, resigned 2006. motion for an Address in Reply her seat on January 29 upon her to the Speech from the Throne. appointment to the Senate of On March 4, senators Poirier and Canada. Elizabeth Murphy Runciman made their maiden At a bye-election on March 16, Clerk Assistant speeches in the Senate during the Paul Davis, formerly a member debate on the Address in Reply to

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 59 the Speech from the Throne. The The highly publicized bill by bills were passed at third reading Address was adopted on April 14 Manitoba MP Joy Smith, C-268, on division on March 30. on division. An Act to amend the Criminal Code The next day, the Speaker (minimum sentence for offences Parliament Resumes – Bills informed the Senate that involving trafficking of persons Thomas Albert Cromwell, Puisne As soon as the new session under the age of eighteen years), Judge of the Supreme Court of began, senators quickly began had been at second reading in Canada, in his capacity as Deputy to place Senate public bills on the Senate when Parliament was of the Governor General, would the Senate agenda. Bills that do prorogued in December 2009. As proceed to the Senate Chamber to not receive royal assent before House of Commons procedure give royal assent to certain bills. Parliament is prorogued or allows for certain bills to be The Royal Assent Act requires an dissolved die on the Order Paper reinstated, the bill was referred official ceremony to be held at and must be tabled again at the to the Senate so that it could be least twice a year, particularly for start of a new session and move reintroduced and read for the the first appropriation bill of each through the standard process of first time as of the day following session of a parliament. three readings. the Speech from the Throne. Committee Reports The bills of Senator The Government contributed Pierrette Ringuette, S-201, to the Senate’s agenda and The new session of Parliament An Act to amend the Office of activities with several bills enabled Senate committees to the Superintendent of Financial concerning domestic and pursue and conclude several Institutions Act (credit and debit international issues. Bills S-2, special studies initiated during cards) and S-202, An Act to amend S-4, S-6 and S-7 are similar to previous sessions, and to report the Canadian Payments Act (debit legislation tabled in the House them quickly to the Senate. card payment systems), were the of Commons during the second On March 31, the Chair of the first to be tabled in the Senate on session of the 40th Parliament. Standing Committee on Foreign March 4. They had been at second Bill S-3 had reached debate at Affairs and International reading when the previous third reading in the Senate when Trade tabled in the Senate the session was prorogued. Parliament was prorogued. committee’s first interim report, Canada and Russia: Building on Bill S-203, An Act respecting Royal Assent a National Philanthropy Day, Today’s Successes for Tomorrow’s was also reintroduced the day The new parliamentary session Potential. On April 15, Senator following the Speech from the began at the end of the fiscal William Rompkey, Chair of Throne. It had received three year. On March 24, the House the Standing Committee on readings in the Senate and of Commons sent two messages Fisheries and Oceans, tabled reached the committee stage in to the Senate to introduce the committee’s second report, the House of Commons during appropriation bills C-6 and Controlling Canada’s Arctic the previous session. The bill C-7. Appropriation Bill No. 5, Waters: Role of the Canadian had originally been tabled in the 2009–2010 provided for the Coast Guard. Lastly, on April 27, Senate by Senator Jerry Grafstein release of supply in accordance Senator David Smith tabled the during the first session of the with Supplementary Estimates second report of the Standing 38th Parliament. As Senator (C) 2009–2010, which were tabled Committee on Rules, Procedures Grafstein has since retired, in the Senate on March 4, 2010. and the Rights of Parliament Senator Terry Mercer tabled the These were the third and final recommending amendments to bill this time. Supplementary Estimates for the the Rules of the Senate with regard fiscal year ending March 31, 2010. to privileges. Bills by senators Céline Supplementary Estimates (A) On April 29, the Senate Hervieux-Payette (S-204 and and (B) were approved in June S-296), Joseph Day (S-208), voted in favour of the motion and December, respectively. by Senator Art Eggleton that Pamela Wallin (S-209), Tommy Appropriate Bill No. 1 for Banks (S-210), Jim Munson consideration of the 13th report 2010–2011 concerned interim by the Standing Committee (S-211), Charlie Watt (S-212), funding, in keeping with the Lowell Murray (S-213) and on Social Affairs, Science and Main Estimates tabled in the Technology entitled, In from Linda Frum (S-215) were also Senate on March 4, 2010. Both reintroduced in March. the Margins: A Call to Action on

60 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 Poverty, Housing and Homelessness, his ruling of April 20, the Speaker Assembly. The address, granted tabled in the Senate during reminded the senators that by leave of the House, noted the the second session of the 40th each House is master of its own contributions of British Columbia Parliament, be reinstated on the procedure, within the bounds to Canada and the national Orders of the Day of the Senate. of the Constitution and the law. significance of the upcoming He ruled that consideration of Winter Games. It was the first Points of Order and Questions Bill C-268 was consistent with address by a Prime Minister of Privilege parliamentary procedure and in the Legislative Assembly’s On March 11, Senator practices. The motion for second history. John Wallace raised a point of reading was passed the next day Immediately following the order regarding attendance in and the Senate referred the bill to Prime Minister’s address, and the Senate Chamber and Rule the Standing Senate Committee again on March 1 and March 22, 136(5) of the Rules of the Senate. on Social Affairs, Science and Premier Gordon Campbell The Speaker of the Senate, Technology for consideration and and Official Opposition Leader Noël Kinsella ruled immediately report to the Senate. Carole James made statements on Senator Wallace’s observation. Tributes in the House in support of the Several days later, Senator 2010 Olympic and Paralympic Wallace invoked Rule 59(10) On April 15, the Senate paid Winter Games. to raise a question of privilege tribute to former Senator Jean- concerning the attendance of Robert Gauthier, who died on Throne Speech Senator Raymond Lavigne December 10, 2009. The Throne Speech, delivered in the Senate earlier that day. by Lieutenant Governor Senator Wallace pointed out that Marie-Eve Belzile Steven Point, emphasized the the senator was on a leave of Procedural Clerk (Journals) government’s plan to build on absence and, since he had already ”B.C.’s Olympic momentum” attended the Senate once since with new initiatives to create jobs, the start of the session, he could improve the environment, and not attend a second time under support families with children. Rule 136(5). The Speaker ruled on Highlights of the Throne Speech March 25 that there was no prima included: new partnerships with facie case of privilege but rather a First Nations, cross-government point of order against procedure, economic initiatives, investments as stated in the record when the in clean energy, and plans to Speaker ruled on March 11. enhance international trade On April 15, Senator and investment through B.C.’s Anne Cools rose on a point of strategic positioning as Canada’s order regarding Bill C-268, An Pacific Gateway. Act to Amend the Criminal Code In reply, the opposition (minimum sentence for offences British Columbia claimed that the Throne Speech involving trafficking of persons failed to provide a post-Olympic under the age of 18 years). Senator economic vision for BC. Citing Cools stated that the bill “offends he second session of the the challenges posed by the Senate rules, the established T39th Parliament commenced economic recession, Ms. James law of Parliament and the on February 9, 2010. The affirmed the opposition’s constitutional independence schedule for the spring sitting commitment to balancing a of both houses”. The debate was adjusted to accommodate the strong, dynamic and sustainable on the point of order focused Vancouver 2010 Olympic Winter economy with social and Games, held February 12-18. The mainly on section 86.1 of the environmental concerns. House of Commons Standing Paralympic Games coincided with Orders, which allows for Private the March 15-18 constituency Budget week. Members’ Business to be carried On March 2, Finance Minister over from session to session On February 11, 2010, Prime Colin Hansen tabled the Minister Stephen Harper, within the same Parliament. In 2010/11 provincial budget that addressed the Legislative

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 61 sets a foundation for future HST is a more efficient tax that introduced his budget on economic growth, protects vital will stimulate economic growth April 23, 2010, which contained government services, and builds and create jobs. The opposition, expenditures of just under on B.C.’s Olympic momentum. however, contends that the HST $1.52 billion. Total revenue The budget projects a deficit is an unfair tax that will hurt BC for 2010-2011 is projected to of $1.7 billion for 2010/11 and families. Outside the House, a increase by $41.6 million from a return to a balanced budget citizens’ initiative campaign is the 2009-2010 forecast revenue, in fiscal 2013/14. The budget currently underway to end the with provincial own source speech included announcements HST and reinstate the provincial revenues up by $35.2 million. of two new initiatives: a sales tax, with the initiative led by Total expenditure for 2010-2011 is supplement to the northern and former British Columbia Premier projected to increase $12.3 million rural homeowner’s grant, and a William Vander Zalm. over the 2009-2010 budget property tax deferment program forecast. A consolidated deficit for homeowners with children Committee Activity of $54.9 million is projected; under the age of 18. The budget At the time of writing, three however, the budget is projected also provided further details parliamentary committees to be balanced within four years. on the economic benefits of the have received their terms of Significant Legislation proposed 12 percent Harmonized reference for the second session: Sales Tax (HST). the Select Standing Committee Several pieces of significant Finance Critic Bruce Ralston, on Children and Youth, the legislation were considered however, framed the budget as Special Committee to Review during the spring sitting of the short-sighted and evidence of the Freedom of Information and Third Session of the Sixty-third the government’s lack of a post- Protection of Privacy Act, and the General Assembly. Among them: Olympic strategy to grow the Special Committee to Appoint The Gift Cards Act (Bill No. economy. As well, he challenged an Information and Privacy 27) will prohibit expiry dates on claims about the economic Commissioner. On May 6, the most gift cards, prohibit most benefits of the HST, calling it House approved the latter’s administration fees and require a tax shift from business to unanimous recommendation clear disclosure of all fees and consumers. that Elizabeth Denham, other terms and conditions. former Assistant Privacy The legislation will apply to Legislation Commissioner of Canada, be gift cards, gift certificates or At the end of the reporting appointed Information and any other voucher sold with a period, the following government Privacy Commissioner for British monetary value attached. Some bills had received Royal Assent: Columbia. exemptions will be made for cards issued for marketing or • Bill 2 – Budget Measures Byron Plant Implementation Act, 2010 promotional purposes, cards Committee Researcher • Bill 3 – Supply Act (No. 1), 2010 issued for charitable purposes or • Bill 4 – Miscellaneous Statutes to gift cards for a specific good or Amendment Act, 2010 service, for example, a gift card • Bill 6 – Finance Statutes for a round of golf. Amendment Act, 2010 An Act to Amend the • Bill 9 – Consumption Tax Rebate Legislative Assembly Act (Bill and Transition Act No. 34) proposes to freeze the Much of the legislative debate remuneration and benefits during the month of April Prince Edward Island payable to the members of the centered on Bill 9. Bill 9 repeals Legislative Assembly, ministers, the 7 percent provincial sales tax the Speaker, Deputy Speaker, and establishes the necessary he Third Session of the Leader of the Opposition, administrative framework to TSixty-third General Assembly Government House Leader, permit the 12 percent HST to resumed on April 7, 2010. Opposition House Leader, Leader take effect July 1 pursuant to the Budget of a Third Party, Government Whip and Opposition Whip until federal legislation. From the Wes Sheridan, Minister of 2012. As reported previously, government’s perspective, the Finance and Municipal Affairs,

62 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 the three-member, independent Agreement is a 99-year lease The 2010-2011 total operating Indemnities and Allowances of Province House whereby expenditure of $10.7 billion Commission concluded its the province granted sole represents an increase of review of salaries and benefits possession, use and occupancy 5.2% from 2009-2010. Highlights of members of the Legislative of a portion of the interior of of the government’s budget Assembly in late 2009, and its the building, as well as the land included: report was tabled in December on which it stands, to Canada • Providing a funding increase by Speaker Kathleen Casey. for the purpose of restoration, of almost three percent for The Commission determined preservation, interpretation and public schools; that there would be no change administration of Province House • Providing post-secondary in salaries for the fiscal year as a National Historic Site. The institutions with a 4.5 percent beginning April 1, 2010. remainder of Province House operating increase; Commenting in the Assembly, was retained for provincial use, • Adding hundreds of new Premier Robert Ghiz indicated or as designated “common area” child-care spaces across the province; that he planned to bring forward (hallways, stairwells, etc.) for amendments to the Legislative the use of both. The Legislative • Creating a pension plan for child-care workers; Assembly Act that would see a Management Committee has freeze in MLA salaries go one been charged with holding public • Improving emergency health- care services and upgrade year further into 2011-2012. On meetings between the Third and emergency departments; April 7, 2010, he introduced Fourth Sessions of the Sixty-third • Limiting increases to An Act to Amend the Legislative General Assembly and to report pharmacare deductibles to the Assembly Act in this regard. back with recommendations rate of inflation and continue The Provincial Anthem Act (Bill for revisions to the Agreement covering all eligible drug costs above deductibles; No. 42) adopts the song known which will 1) ensure the long- as the Island Hymn as the official term structural maintenance of • Providing operating funds the building, including basic for a police helicopter in provincial anthem of Prince Winnipeg; Edward Island. First performed needed repairs; and 2) transform • Creating a police commission in 1908, the lyrics were written Province House into a much more dynamic place for engaging and an independent by Lucy Maud Montgomery and investigation unit; the music composed by Lawrence Islanders in the history, culture and operation of their own • Providing more resources for W. Watson. In 2007, French corrections and nine full-time language lyrics were developed legislature and democracy. prosecutor positions; by Raymond J. Arsenault as part Marian Johnston • Limiting core government of the 250th anniversary of the spending growth to an Deportation of Island Acadians. Clerk Assistant and annual average of less than The French language version is Clerk of Committees two percent over the five-year plan; known as L’hymne de I’Île. The song is part of the rich cultural • Decreasing the budgets of one-half of all government fabric of the province and is often departments in 2010-11 to sung at schools and churches, focus on priority areas of and at meetings of clubs and Manitobans; other institutions. • Reducing the pay of cabinet ministers by 20 percent Committee Activity and propose to freeze the On April 29th, the Legislative wages of members of the Manitoba legislative assembly and senior Assembly unanimously passed government staff; a motion calling for the Standing • Eliminating the deficit over the Committee on Legislative he Fourth session of the five-year plan and return to Management to review the T39th Legislature resumed surplus by Budget 2014; and 1974 Province House Agreement on March 23, 2010, with the • Investing $1.8 billion in between the Government of delivery of the first budget infrastructure spending, a Prince Edward Island and the from new Finance Minister 90 percent increase over 2008. Government of Canada. The Rosann Wowchuk.

CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 63 During his contribution to the On April 7, 2010 Jon Gerrard would strengthen The Family budget debate on March 24, 2010 moved a sub-amendment to Maintenance Act by setting out Official Opposition Leader Mr. McFadyen’s amendment. criteria for the best interests of the Hugh McFadyen moved a motion Dr. Gerrard identified a number child. The amendments would expressing non-confidence in the of other shortcomings in the guide courts to consider factors government, which stated that government’s financial plan, such as the impact of domestic the budget failed “to address the including: violence as judges assess the best priorities of Manitobans by”: • Failing to properly manage interests of children in custody • Forcing Manitoba families to the finances of Manitoba and, and access matters. This bill pay higher hydro rates, higher as a result, building up a huge would also enhance protections water bills and a range of structural deficit which will for victims of domestic violence hurt Manitobans for many other hidden taxes in order to when parties must be in court pay for three wasteful NDP years to come; together or at a court-sanctioned pet projects which are: • Failing to create an adequate proceeding such as mediation. • Forcing Manitoba Hydro, action plan and funding for against its advice, to build early childhood education in Bill 31 – The Budget Bipole III on the west- side Manitoba; Implementation and Tax Statutes route, costing Manitobans • Failing to recognize the Amendment Act, 2010, which an extra $640 million and need for and address the implements measures in the damaging the environment; establishment of a Manitoba and science, engineering and 2010 Manitoba Budget, and • Forcing the City of Winnipeg humanities research council; makes various other amendments to remove nitrogen from its • Failing to put patients first to tax and financial legislation, waste water, a decision that is by continuing to base RHA including: expected to cost ratepayers an spending on global budgets, • Amendments to the additional $350 million, and rather than services delivered; Balanced Budget, Fiscal which respected scientists say • Failing to implement a plan to Management and Taxpayer could be harmful to the health Accountability Act which of Lake Winnipeg; reduce child poverty rates in Manitoba; and would suspend requirements • Forcing unwanted for the government to table a enhanced driver’s licences • Failing to address climate balanced budget each fiscal on Manitobans, costing change and not running a year and to achieve a positive $14 million; and carbon-neutral government. balance each year. These • Scrapping balanced budget On April 14, 2010 Dr. Gerrard’s measures would be in effect laws allowing massive sub-amendment was defeated for the current fiscal year and deficits to accrue totalling the next three years or until a on a voice vote, while positive net result is achieved, $2.039 billion over the next Mr. McFadyen’s amendment half decade, putting social whichever is earlier (the programs such as health care was defeated on a recorded vote “economic recovery period”). and education at risk; of yeas 20, nays 35, while the • Amendments to Members’ • Failing to preserve front-line main budget motion carried on a Salaries Regulation which health-care services with recorded vote of yeas 35, nays 20. would: suspend cost-of-living increases for MLA salaries for innovative service delivery The Manitoba Legislature is emphasizing preventative the current fiscal year and the care and reducing bloated currently considering a range of next fiscal year; and reduce bureaucracy; legislation, including Bill 12 – The the additional salary payable Pimachiowin Aki World Heritage to ministers by 20% for the • Failing to recognize the duration of the economic importance of agriculture Fund Act, which would establish recovery period. in rural communities to our the Pimachiowin Aki World economy; and Heritage Fund, designed to Under the terms of a sessional • Failing to offer a plan to support the project on the east order adopted by the House on encourage private investment side of Lake Winnipeg to secure a December 14, 2009, the House to create opportunity and UNESCO World Heritage Site in must complete all stages for the wealth so Manitobans can Manitoba. passage of Bill 31 by 6:00 p.m. on feel hope that we’ll one day June 17, 2010. emerge from the hole of debt Bill 19 – The Protection and dependency and see a from Domestic Violence and Bill 221 – The Domestic brighter future. Best Interests of Children Act Violence Death Review Committee (Family Law Statutes Amended), Act, would establish a

64 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2010 multidisciplinary committee Legislative Assembly honoured In addition, a proclamation to review the circumstances First Nations Treaties Day. The regarding Treaties Day surrounding deaths that occur as ceremony included an Opening was signed by the a result of domestic violence and Prayer from Anna Parenteau of Premier accompanied by make recommendations to help the Roseau River Anishinabe First Mr. McFadyen, Dr. Gerrard, prevent future deaths in similar Nation, Opening remarks from Treaty Commissioner White Bird circumstances. Patricia Chaychuk, Clerk of the and Grand Chief Evans. Also, a The Manitoba Public Accounts Legislative Assembly and Master Treaty Advocacy Award for the Committee scheduled eight of Ceremonies, performances late Oscar Lathlin was presented meetings from May through by the Niji Mahkwa Singers and to several of his family members November 2010 to consider the Spirit Sands Drum Group on his behalf. Following the reports from the Auditor General and speeches by: Phillip Lee, ceremony a lunch reception took covering a variety of topics Lieutenant Governor of place in the Rotunda, featuring including: Manitoba, Greg Selinger Premier a performance of the Treaty Play of Manitoba, Hugh McFadyen, “Kinikinik” under the direction • Audit of the Public Accounts Leader of the Progressive of Ian Ross. • Workplace Safety and Health Conservative Party, Jon Gerrard, In addition to specifying dates • Management of Contaminated Leader of the Liberal Party, Sites and Landfills for the completion of Interim Grand Chief Ron Evans of the Supply, Main and Capital • Meeting Manitoba’s Assembly of Manitoba Chiefs Supply, the Sessional Order also Obligations Under the 1997 and Dennis White Bird Treaty Treaty Land Entitlement sets an end date for the spring Framework Agreement Commissioner. The closing session of June 17, 2010. prayer was offered by Elder • Personal Care Homes Program Peter Atkinson, of the Roseau Rick Yarish • Assessment Services Branch River Anishinabe First Nation. Clerk Assistant/ • Members’ Allowances Treaty Commissioner White Bird Clerk of Committees On May 12, 2010 a special presented a beaded Mace Runner ceremony at the Manitoba and Star Blanket Mace Cushion to the Legislative Assembly

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