Legislative Reports

not been passed when the House 9, Independent Progressive Conser- adjourned for Christmas, although vative – 1 and Vacancy – 1. it had, at that point, been given sec- Spring Sitting, 2007 ond reading and had been referred to the Committee on Law Amend- The Spring Sitting of the House be- ments. However, the Law Amend- gan on March 19, 2007 and ended on ments Committee began its April 13, 2007. The main item of this consideration of the Bill shortly af- sitting was the budget for the fiscal ter the Christmas break, and the year 2007-08 which was passed House reconvened on January 6, unanimously by all members pres- 2007, for a rare January sitting, for ent on April 13, 2007. Nova Scotia the sole purpose of considering this At the Spring Sitting 19 Public Bill. Accordingly, the Bill was re- he name of the new Ser- Bills (including the Appropriations ported back to the House by the geant-at-Arms was incorrectly Act) were passed. Of these, 17 were T Committee on January 6, 2007 and, reported in the autumn, 2006 edi- introduced by the Government, 1 on that day, referred to the Commit- tion of the Canadian Parliamentary by the Official Opposition and1 by tee of the Whole House on Bills. Af- Review. The correct name of the new the Third Party. ter a lively and lengthy debate in Sergeant-at-Arms is Kenneth Committee and on Third Reading, Liberal Leadership Greenham. the Bill finally passed, and was On September7, 2006, the term of given Royal Assent on January 11, office of the Hon. Myra Freeman as The Liberal party held a leadership 2007, and adjourned until the begin- Lieutenant Governor of Nova Scotia convention on April 28, 2007, to re- ning of its Spring sitting. Francis MacKenzie ended and a new Lieutenant Gover- place , who had Just before the House adjourned, nor, the Hon. Mayann Francis be- resigned as its leader. At the close of Ernest Fage, member of the House came Lieutenant Governor. nominations, the following were for Cumberland North, resigned Immediately, before her appoint- the candidates: from the Cabinet and then from the ment, Ms. Francis served as Director Government caucus, and now sits • Kenzie MacKinnon, a Halifax of Human Rights for Nova Scotia. as an Independent Progressive lawyer Fall Sitting 2006-2007 Conservative. • Stephen McNeil, member of the On March 1, 2007, Kevin House for Annapolis The Fall sitting of the House began Deveaux,memberforColeHar- • Mike Smith, Mayor of the Mu- on October 30, 2006, and the House bour-Eastern Passage, and NDP nicipality of Colchester adjourned for Christmas on No- House Leader, resigned his seat in • Diana Whalen, member of the vember 23, 2006. During the sitting, the House in order to take a position House for Halifax-Clayton Park 43 Public Bills were passed. Of with the United Nations in Viet- these, 30 were introduced by the nam. Frank Corbett,memberfor After two ballots, Stephen Government, 3 by the Official Op- Cape Breton Centre is now the NDP McNeil was elected as the new position (NDP) and 10 by the third House Leader. Leader of the Nova Scotia Liberal party (Liberal). By far the most con- Theses two developments leave Party. troversial was Bill 117. This Bill was the standings in the House as fol- introduced by the Government, and lows: Progressive Conservatives – Art Fordham deals with political party finances. It 22; New Democrats – 19, Liberals – Assistant Clerk was hotly contested by the NDP, but supported by the Liberals and had

36 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 improve water management and overruns on the floodway expan- flood protection; sion project and Hydro office tower. • Providing a $30.3-million in- crease for public schools; On April 11, 2007 Jon Gerrard • Implementing the 60 per cent tax rebate on tuition fees for all (Independent Liberal - River post-secondary graduates who Heights) moved a sub-amendment live and work in Manitoba; to Mr. McFadyen's amendment. Mr. • Increasing funding support for Gerrard perceived a number of by 18.3 per cent or other shortcomings in the govern- Manitoba $29.1 million, which includes $21 ment's financial plan, including: million for road improvements; n April 4th, 2007 the Manitoba and • failing to provide an effective Legislature assembled as the O • Providing funding for 14 addi- strategy to deal with child pov- Fifth Session of the Thirty-Eighth tional police officers including erty; Legislature resumed amid much five for the Stolen Auto Unit to • failing to provide Manitobans speculation about an impending deal with repeat offenders. with the legal rights to timely provincial general election. The quality health care; House sat for two and a half weeks During his first budget speech as • failing to present an adequate ap- before the Legislature was dis- party leader, on April 10, 2007 Offi- proach to reduce phosphorous solved on April 20 and Premier cial Opposition Leader Hugh levels and algal blooms in Lake called a provincial gen- McFadyen moved a motion ex- Winnipeg; and eral election for Tuesday, May 22, pressing non-confidence in the gov- • failing to make rapid transit a pri- 2007. ernment. The motion noted the ority in the city of Winnipeg. On the opening day of the spring opposition's regrets that the budget session Finance Minister Greg ignored “the present and future On April 17, 2007 Mr. Gerrard's Selinger presented the NDP gov- needs of Manitobans”. The motion sub-amendment was defeated on a ernment's eighth budget. The total listed a number of deficiencies, voice vote, while Mr. McFadyen's operating expenditure for the including: amendment was defeated on a re- 2007-2008 “Building Budget” was corded vote of yeas 20, nays 34. The listed as $9.3 billion, an increase of • failing to set out a coherent plan main budget motion carried on a re- 7% from 2006-2007. The govern- to stem the flow of people out of corded vote of yeas 34, nays 20. Manitoba, after the loss of 35,000 ment described their plan as “the During his contribution to the first summary budget in Manitoba's Manitobans to other provinces since 1999; budget debate on April 17, former history that fully reflects generally • failing to implement taxation Speaker Denis Rocan (PC - accepted accounting principles Carmen) offered some criticisms of (GAAP).” Highlights included: measures to make Manitoba com- petitive with other provinces; his own caucus, concluding by indi- cating in the House that he would • • failing to address serious issues Providing $297 million in new tax be supporting the government's cuts including $119 million in of crime such as auto theft, gang personal income tax reductions, activity, and violent crime; budget. The following day Speaker $49 million in education property • failing to address the emergency George Hickes received a letter tax relief and $93 million in busi- physician shortage that has crip- from the Leader of the Official Op- ness tax cuts; pled Manitoba hospitals and position advising that Mr. Rocan • Increasing the investment in threatens to close more emer- would no longer serve as a member highways by 50 per cent, bringing gency rooms; of the Progressive Conservative the annual investment close to • failing to embark on a long-over- caucus and would no longer be $400 million; due, science-based effort to clean seated with the caucus in the Legis- • Installing a new leading-edge, up Lake Winnipeg; lative Chamber. non-invasive cancer knife to treat • failing to provide clear informa- Four long serving MLAs an- cancers in all parts of the body; tion about the “Spirited Energy” nounced they will not be seeking campaign; and • Investing more than $10 million re-election: in additional funds to support • failing to be accountable to water protection initiatives and Manitobans for exorbitant cost

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 37 Tim Sale (NDP - Fort Rouge) - first The Manitoba Public Accounts elected in 1995, Mr. Sale served in Committee (PAC) held two meet- the NDP cabinet from 1999-2006. ings in February and March 2007. Glen Cummings (PC - Ste. Rose) - The discussion focussed on a pair of first elected in 1986, Mr. Cummings served in the cabinet of former pre- reports from the office of the Audi- mier . tor General. The report on the Cro- Jack Penner (PC - Emerson) - first cus Investment Fund (released in elected in 1988, Mr. Penner also May 2005) investigated the failure served in the cabinet of former pre- of the Crocus Fund, a labour-driven mier Gary Filmon. investment fund. The report on En- Harry Schellenberg (NDP - vironmental Audits (released in Ontario Rossmere) - Mr. Schellenberg sat as November 2005) reviewed both the an MLA from 1993-1995 and again since 1999. He has held the position province's management of contami- n the spring session, the Legisla- of Deputy Chairperson of the Com- nated sites, as well as the protection Iture passed a number of bills in- mittees of the Whole House since of well water quality in Manitoba. cluding Bill 155, An Act to provide for 1999. At the February 22 meeting the a referendum on Ontario's electoral Manitoba PAC used a relatively system. As stated in its title, this Bill A number of notable Bills were new provision in our rules to pass a provides that if the Citizens' Assem- introduced during the spring ses- motion requesting that the Auditor bly on Electoral Reform recom- sion, including: General consider an examination mends the adoption of an electoral and audit into the government's re- system different from Ontario's cur- • Bill 17 - The Employment Standards cent provincial re-branding cam- rent one, a referendum on the rec- Code Amendment Act (Leave for Re- paign known as “Spirited Energy”. ommended electoral system shall servists), which would amend The be held in conjunction with the 2007 Employment Standards Code to Auditor General Carol Bellringer provide job protection for mem- noted at the meeting that this was general election. The referendum bers of the reserve force of the Ca- the first such request to come from question will be established by an nadian Forces. The Bill would the Public Accounts Committee to order of the Lieutenant Governor in give them a right to an unpaid her office, and she encouraged Council. leave to participate in training or On March 22, 2007, the Budget for active duty in the reserves. MLAs to consider exercising the op- tion “as often as possible”. 2007-2008 was tabled in the House • Bill 21 - The Statutory Holidays Act by the Minister of Finance. (Various Acts Amended), would es- As noted above, on Friday, April tablish the third Monday in Feb- 20, 2007 Premier Doer announced Committees ruary as a statutory holiday; the beginning of the provincial gen- • Bill 22 - The Firefighters, Peace Offi- eral election campaign with voting The Standing Committee on Gen- cers and Workers Memorial Founda- day set for Tuesday, May 22, 2007. eral Government considered Bill 69, tions Act, would establish The last Manitoba general election An Act to allow for information sharing foundations to honour occurred on June 3, 2003. The cur- about regulated organizations to im- firefighters and peace officers rent standings in the Manitoba who have died in the line of duty prove efficiency in the administration as well as workers who have died House are 35 NDP, 18 Progressive and enforcement of regulatory legisla- in the workplace; and Conservative, two independent tion and to make consequential amend- Liberals, one independent and one • Bill 217 - The Apology Act. This ments to other Acts. The purpose of Private Member's Bill introduced vacancy. the Bill is to increase compliance in by Mr. Gerrard would allow a regulated sectors by, “…among person to make an apology about other things, empowering Minis- a matter without the apology con- ters to authorize the collection, use stituting an admission of legal Rick Yarish liability. and disclosure of certain informa- Clerk Assistant / tion and empowering Ministers to Clerk of Committees authorize the same person or class These Bills had proceeded of persons to exercise functions un- through some of the early stages of der multiple Acts.” The Committee the legislative process prior to the held public hearings on March 26 dissolution of the Legislature. and clause-by-clause consideration

38 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 on March 28, 2007. The Bill was re- the first woman to occupy the posi- Both legislatures are presently con- ported back to the House, with cer- tion in Ontario. sidering a substantially similar bill. tain amendments, on March 29, Effective April 24, 2007, Todd On March 22, Minister of Energy 2007 and is on the Order Paper for Decker, assumed responsibilities as Ed Picco announced that legislation Third Reading. Deputy Clerk and Executive Direc- will be introduced in the spring sit- The Standing Committee on Fi- tor of Legislative Services. Mr. ting of the House to ban the sale of nance and Economic Affairs con- Decker had served as Clerk of Jour- incandescent light bulbs in the terri- cluded its Pre-budget consultations nals and Procedural Research since tory. On March 28, Minister of Cul- over the winter adjournment and 1997. ture, Language, Elders and Youth tabled its report in the House on Louis Tapardjuk tabled two draft March 19, 2007. Katch Koch bills for public discussion and con- The Standing Committee on Jus- Committee Clerk sultation: a new Official Languages tice Policy held two days of public Act and a new Inuit Language Protec- hearings on Bill 103, An Act to estab- tion Act. It is anticipated that the lish an Independent Police Review Di- bills will be formally introduced in rector and create a new public the spring sitting. complaints process by amending the The final report of the Electoral Police Services Act. After one day of Boundaries Commission, which clause-by-clause consideration, the was established pursuant to the Committee reported the Bill back to Nunavut Elections Act, was tabled in the House with certain amend- the House by Speaker Peter ments. Bill 103 is currently on the Nunavut Kilabuk in November 2006. During Order Paper for Third Reading. the March 2007 sitting, Iqaluit Cen- The Committee is currently con- he Fourth Session of the Second tre MLA Hunter Tootoo introduced sidering Bill 165, An Act to establish TLegislative Assembly of a formal motion to reject the Com- and provide for the office of the Provin- Nunavut convened on March 6, mission's recommendations. The cial Advocate for Children and Youth. 2007. The Opening Address was de- motion engendered energetic de- This Bill proposes to establish the livered by Commissioner Ann bate in the House, and was ulti- position of Provincial Advocate for Meekitjuk Hanson. mately carried by a vote of 11 to 6, Children and Youth, who would be Finance Minister David Simailak with one abstention. an officer of the Legislative delivered the Budget Address on A number of other formal mo- Assembly. March 7. The proceedings of the tions were considered by the House Other Matters Committee of the Whole during the during the March sitting. Mr. March sitting were dominated by Tootoo introduced a motion, sec- the scrutiny of the Government of After being returned as the Member onded by Cambridge Bay MLA Nunavut's 2007-2008 main esti- for Markham in the by-election of Keith Peterson, to censure the Exec- mates and departmental business February 8th, Michael Chan was utive Council for the government's plans. sworn in as Minister of Revenue on management of the renewal of a February 21, 2007. On March 29, To date, a total of 58 bills have major government office lease in the 2007, Tim Peterson, Member for been passed during the Second As- community of Cambridge Bay. The Mississauga South, crossed the sembly. Five bills were passed dur- motion was carried by a vote of 9 to floor to sit as an independent. ing the March sitting, including 8. Mr. Tootoo also introduced a for- On March 21, 2007, Deborah amendments to the Nunavut Elec- mal motion to request that the Au- Deller, was appointed Clerk of the tions Act and the Income Tax Act. An ditor General of Canada undertake Legislative Assembly succeeding Act to Amend the Local Authorities a comprehensive performance au- Claude DesRosiers, who had re- Elections Act and a new Workers' dit of the Department of Health and tired on December 31, 2006 after 20 Compensation Act are presently un- Social Services. The motion passed years of service. Ms. Deller had der consideration by Standing without opposition, as did that of been the Acting Clerk since January Committees of the Legislative As- Rankin Inlet North MLA Tagak 2007 and Deputy Clerk and Execu- sembly. Nunavut and the North- Curley, who moved to refer the tive Director of Legislative Services west Territories maintain a joint government's energy strategy doc- from 2003 to 2007. Ms. Deller also is Workers' Compensation Board. ument to the Committee of the

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 39 Whole for detailed scrutiny during General Election of Québec. The president of the the spring sitting of the House. Catalonian Parliament, Ernest Tunnuniq MLA James Arvaluk's The electoral campaign lasted 33 Benach i Pascual also had the op- motion to recommend that the De- days with the general election tak- portunity of exchanging with the partment of Health and Social Ser- ing place on March 26. For the first leaders of the political parties vices relocate a number of its time, the traditional Leaders' de- represented at the National administrative positions between bate, a major media event, was held Assembly. communities was not adopted. at the Parliament Building, more From February 14-16, 2007, the The sitting adjourned on March specifically in Le Parlementaire res- Assembly hosted the 5th legislature 29. The Fourth Session will recon- taurant, which was specially ar- of the Young People's Parliament, a vene on May 29 for the spring sit- ranged for the occasion. parliamentary simulation for Sec- ting. Following the election, the Qué- ondary 3 and 4 students. Hailing bec Liberal Party, was returned to from twenty-nine public and pri- Alex Baldwin power with the election of 48 Mem- vate high schools located through- Director, Research and bers, obtaining 33.08 % of the popu- out Québec, the 143 participants Library Services lar vote. The Action démocratique played the roles of Members, parlia- du Québec won 41 seats, with 30.80 mentary officers, journalists and % of the popular vote, and the Parti press secretaries. Québécois had 36 of its candidates This edition allowed these young elected with 28.32 % of the votes. As people to examine three bills ad- regards female representation, the dressing issues that reflect their 38th legislature will open with 32 concerns: security in schools, school women Members while the 37th success and the protection of the en- legislature had begun in 2003 with vironment. A parliamentary com- the presence of 38 women. mittee also carried out an order of t the request of the Premier Jean The results constitute the first mi- initiative on racism in Québec. At ACharest, the Assembly held an nority government in Québec since the conclusion of the simulation, extraordinary sitting on February 1878. Furthermore, Mario Dumont only one bill was adopted, namely 20, 2007 to permit Michel Audet, is now the leader of the Official Op- the Act fostering the involvement of Minister of Finance, to deliver the position and shares the opposition students from Québec schools in the im- budget speech. seats with André Boisclair,who provement of the quality of the environ- The debate on the budget speech henceforth leads the second opposi- ment. tion group. Premier Charest un- did not take place, however, since Other News the following day the Assembly was veiled his cabinet on Wednesday, dissolved by the Lieutenant Gover- April 18 , and confirmed that pro- On March 20, 2007 Raynald nor Lise Thibault at the request of ceedings would begin on May 8. Fréchette, former Member for the Premier of Québec. At dissolu- Interparliamentary Relations and Sherbrooke from 1966 to 1970 and tion, the composition of the Assem- Parliamentary Simulations from 1981 to 1985, passed away at bly was as follows: Liberal Party, 72 the age of 73. During his first term Members; Parti Québécois, 45 The second session of the Catalonia- representing the Union nationale, Members; independent Members, 6 Québec Interparliamentary Com- he was vice-president and subse- Members, 5 of whom from the Ac- mittee was held on February 7-8 in quently president of the Assembly. tion démocratique du Québec; 2 Québec City. This cooperation During his second term he was suc- vacant seats. agreement provides a framework cessively Minister of Revenue, of Before dissolution, 15 Members for exchanges between parliamen- Labour, and of Justice, this time rep- of the National Assembly, seven of tarians hailing from the various po- resenting the Parti Québécois. whom from the Liberal Party, seven litical groups that form both from the Parti Québécois and one assemblies. This meeting was an Carole-Anne Ouellet independent Member, had already opportunity to discuss the role of Secretariat of the Assembly indicated that they would not run the regions in the European Union, for office in the next general the status of Catalonia and the juris- election. dictions of the National Assembly

40 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 Standing Committees Minister of Natural Resources and Governments of Québec and Can- Wildlife that was held in October ada to address the issue of school Last 15 and 16 February, the Com- 2006 and on the hearing of the per- and housing infrastructures in Na- mittee on Culture held public hear- sons in charge of technical tive communities. It should be ings within the framework of a assistance programmes for disabled noted that in autumn 2006, several general consultation on the imple- persons that was held last February. Committee members had met with mentation of the Act respecting the The Committee on Education ta- the members of the Inuit, Naskapi, Conseil des aînés. During the public bled its report on the hearings held Innu, Cree, Algonquin and Huron hearings, nine groups had the op- with the head officers of educa- communities during study portunity of expressing their opin- tional institutions at the university missions in Northern Québec, in the ion regarding the Conseil des aînés, level. These hearings, which took Abitibi-Témiscamingue region and whose main purpose is to promote place between November 2006 and in Wendake. the rights of seniors, their interests February 2007, allowed the Com- Lastly, the Committee on Public and their participation in the com- mittee to meet with the presidents Finance tabled the report on its or- munity. It should be noted that ev- and heads of the 18 Québec univer- der of initiative regarding the pro- ery five years, a parliamentary sities and to make 11 recommenda- tection of investors in the mutual committee must examine the advis- tions to the Québec Government funds sector. Though an interim re- ability of maintaining in force or and to the universities. The Com- port, it contains 24 recommenda- modifying the incorporating Act of mittee recommends, among other tions that mainly concern education this government agency. things, that financing matters be re- and information to consumers, gov- With regard to orders of refer- viewed by carrying out a thorough ernance rules, the actions of regula- ence, last 6 February, the Commit- analysis of the needs and resources tory authorities, penalties and tee on Institutions held special of universities and students. Fur- compensation. Initiated in 2005, this consultations on Bill 54, An Act to thermore, it also makes recommen- mandate enabled the holding of amend the Professional Code and the dations concerning the integration public hearings last January and Pharmacy Act. The clause-by-clause of lecturers, recruitment and the re- February in which some thirty consideration of this bill, whose aim tention of students undertaking groups and individuals had the op- was to modify the amounts of fines graduate studies. The hearings with portunity to express their opinion prescribed in the Professional Code the heads of Québec universities, on this issue. Moreover, the Com- and to extend the regulatory power which take place every three years, mittee received 140 answers to the of the Ordre des pharmaciens as re- are in pursuance of the mandate questionnaire that was accessible gards certain contracts entered into given to the Committee on Educa- on the Assembly's Internet site by pharmacists, was not completed tion under the Act respecting during an on-line consultation. owing to the dissolution of the educational institutions at the Assembly on February 21, 2007. university level. Yannick Vachon The extraordinary sitting of last The Committee on Education also Secretariat of committees February 20 provided an opportu- tabled its report on the order of ini- Translation: Sylvia Ford nity for several committees to table tiative concerning the school suc- Secretariat of the Assembly in the Assembly the reports on man- cess of Natives. Containing 18 dates that had been until then car- recommendations adopted unani- ried out. Hence, the Committee on mously by the members, this report Public Administration tabled its is first and foremost a contribution 18th report on the accountability of dep- to the process undertaken by the uty ministers and chief executive offi- Native communities to reclaim edu- cers of public bodies. The report cation. It recommends that the re- contains 16 recommendations aim- quirements of the teaching ing to improve the performance and programme correspond to the reali- efficiency of the management of the ties of the Native communities and Saskatchewan cadastral reform and of the techni- encourages the implementation of cal assistance programmes for dis- local programmes that are adapted he Saskatchewan Assembly be- abled persons. This report follows to the specific needs of the commu- Tgan its spring session on March up on the hearing of the Deputy nities. The Committee also urges the 6th by welcoming a new Member.

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 41 Saskatchewan Party candidate “Increasing access to health care On March 12th, the Opposition Nancy Heppner was victorious in for Saskatchewan families and se- House Leader, Rod Gantefoer, the March 5th by-election in the con- niors” was the third theme. A new raised a question of privilege, as- stituency of Martensville, winning $15 Seniors' Drug Plan was de- serting that the Carriere settlement with 77% of the vote. She succeeds scribed as the most significant ex- impeded the ability of Members to her father, Ben Heppner, who held pansion of health services for carry out their duties, in that Oppo- the seat until his death last fall. Ms. seniors in a generation. The budget sition Members were privy to nei- Heppner had little time to celebrate also provided funding to shorten ther the negotiations that led to it her victory. The first order of busi- wait times, extend health benefits nor to its terms. ness in the Assembly the following for low income workers, expand Speaker Myron Kowalsky ruled afternoon was the adoption of a bill capital improvements in hospitals, that a prima facie case of privilege to enable her to take her seat prior to health facilities and equipment, and had not been established. It was his the return of the writ. additional resources to encourage opinion that the ability of Members The Assembly marked the pass- health professionals to remain in the to speak, debate, or ask questions in ing of former Lieutenant Governor, province. the Chamber or in committees was John (Jack) Wiebe with a minute of The final theme of “Building in no way impeded by virtue of the silence on April 16th. The Assembly highways and infrastructure to se- settlement agreement having been agreed not to sit on April 24th so cure growth” will provide an in- reached. Additionally, it is not un- that Members could attend the state crease of 31.3% in the infrastructure common for Ministers to decline to funeral in Swift Current. Mr. Wiebe funding and a record amount of divulge details of matters on the represented the constituency of revenue sharing for municipalities grounds of sub judice, commercial Morse in the Saskatchewan Assem- and municipal infrastructure. sensitivity or which are of a confi- bly from 1971 until 1978 and served Finance critic Ken Cheveldayoff dential nature, such as personnel in the Senate from 2000 until 2004. delivered the Opposition response matters. Budget to the Budget. Mr. Cheveldayoff The Carriere matter continued to took issue with the amount of draw the Assembly's attention and March 22nd was Budget Day in Sas- spending outlined in the budget, was the subject of a Private Mem- katchewan. Finance Minister An- questioning whether it was aimed bers' Motion on April 5th. The de- drew Thomson presented the at attracting votes in the lead up to corum during that debate was the 2007-2008 budget fashioned under an anticipated general election in focus of a Speaker's ruling on April the theme of “Making Life Better” in the next year. He challenged the 11th. Calling the language and con- Saskatchewan. The Budget identi- government for not taking advan- duct of Members' unacceptable, fied four areas of priority. tage of the economic boom to pre- Speaker Kowalsky noted that the Cutting taxes was the focus of pare the province for future written Hansard was replete with in- “Keeping the strong economy generations. He also condemned stances on both sides of the House growing”. This included lowering the slow progress on addressing the of language that was unnecessarily business taxes, maintaining the shortage of doctors and nurses. personal or offensive, either to- lowest Provincial Sales Tax rate in After a spirited debate, the bud- wards an individual or towards a twenty years at 5% and providing get motion was passed on April 2nd recognized group. The Speaker education property tax relief. by a margin of one vote. concluded his lengthy ruling by cautioning Members to be temper- The budget aimed to “Make Sas- House Business ate in their remarks and by remind- katchewan an even better place for ing them that it was possible to young people” by creating a new Two issues have dominated Ques- effectively and forcefully refute the five-year $10,000 annual tax exemp- tion Period during the spring ses- positions proposed by the other tion for new graduates, freezing sion. The first concerned the side while avoiding any personal university tuition at 2004 levels un- government's handing of an em- aspersions on the integrity of til 2008 and adding more than 2,100 ployee of the Department of the En- colleagues. new training seats in the areas of vironment following allegations of The second issue that gained health care, trades, skills, early harassment and the subsequent out prominence in late April concerned childhood education and on-re- of court settlement of his wrongful the alleged misappropriation of serve basic education. dismissal suit. public funds by a former employee

42 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 of the government caucus in 1992 mittee traveled to Saskatoon to hear form of Supply Motions, Private and the manner in which it was from stakeholders on Bill No. 19 - Members' Bills and Committee Re- dealt with. Speaker Kowalsky was The Gunshot and Stab Wounds Man- ports rejecting the government's called upon to rule on the admissi- datory Reporting Act. Further hear- policies and counteracting its legis- bility of a line of questioning pur- ings took place in Regina before the lative proposals. Opposition initia- sued by Ken Krawetz (Canora bill was reported back to the House. tives were focused mainly on the Pelly) during Question Period. The Human Services Committee environment, Afghanistan, law and The Speaker ruled that while conducted extensive public hear- order, and economic policy. Members of the Executive Council ings over the spring on Bill No. 40 - On the environmental front, the did belong to the government cau- The Status of the Artist Amendment House debated (February 1, 2007) cus, the internal affairs of any cau- Act, 2006. The bill had been referred and adopted (on February 5, 2007) a cus, as with those of any political to the committee after first reading. non-binding Supply Motion spon- party, do not fall within the admin- On April 26th, chair Judy Junor sored by the Leader of the Opposi- istrative responsibility of the Gov- (Saskatoon Eastview) presented the tion, Stephane Dion, calling for the ernment. The Speaker than committee's recommendation that government to “honour the princi- enumerated three points that would the bill not be proceeded with. Sub- ples and targets of the Kyoto Proto- guide future rulings: sequently, Bill 40 was withdrawn col in their entirety”. This was and the Minister of Culture, Youth followed in short order by the adop- 1. Questions must be posed in a and Recreation, Glenn Hagel, gave tion, on February 14, 2007, of the manner that clearly connects the is- notice of a new bill that incorpo- motion for third reading and pas- sue to the responsibility of a Minis- rated many of the views heard by sage of Bill C-288, a private Mem- ter or the government as a whole; the committee. ber's bill standing in the name of 2. When a question is put that is not Not to be outdone, the Economy Pablo Rodriguez. Presently under directly connected to a government consideration by the Senate, the re- responsibility, the Speaker shall rule Committee led by Kevin Yates (Re- the question out of order but pro- gina Dewdney) heard public sub- sulting statute would require the vide the government with the op- missions on two bills before being government to table a detailed plan tion to respond; and requested by the Minister of Gov- for meeting Canada's Kyoto targets 3. This ruling does not preclude ernment Relations, Harry Van within 60 days and to report annu- Members raising this type of issue Mulligen, to conduct a formal in- ally to Parliament on its progress in by other means that are available. quiry into the state of internal trade this regard. The Speaker concluded his state- in the province. These hearings are A heavily-amended version of ment by noting that it was in line scheduled to take place after the ad- Bill C-30 (Clean Air and Cli- with the Assembly's practice to al- journment of the spring session. mate-change Act), the government's low questions related to political environmental initiative, was re- parties when they are posed in Margaret (Meta) Woods ported back to the House on March terms of the legislation, statutes or Clerk Assistant 30, 2007, after four months of study the administration of the law. It was by the legislative committee to also in line with the practice to allow which it had been referred before ministers to voluntarily respond to second reading. The amendments questions outside their ministerial amounted to a virtual re-draft of the responsibilities. bill and reflected a concerted effort Committee Business to bring it into compliance with Canada's commitments under the Several committees took advantage Kyoto Accord. Even the title of the of the winter intersessional period bill had been amended, symboliz- to conduct public hearings on bills. ing the radical transformation of the The Intergovernmental Affairs and House of Commons “Clean Air Act” into the “Clean Air Infrastructure Committee, chaired and Climate-change Act”. The bill re- by Ron Harper (Regina Northeast) he ever-looming possibility of a mains on the Order Paper but has yet was the first committee to conduct Tspring election set the tone for to be debated at report stage. hearings away from the capital un- the early months of 2007, with re- Government bills were fre- der the revised 2004 Rules. The com- peated opposition challenges in the quently denied gentle treatment in

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 43 committee. Typical of these was Bill on February 9, 12, and 26, 2007, the been victorious in (unofficial) C-10 (An Act to amend the Criminal motion was defeated in a deferred Senate elections organized by the Code (Offences Involving Firearms)) recorded division on February 27, government of . whose primary objectives were to 2007, with one Liberal Member vot- Tensions over the Canadian mili- increase mandatory minimum ing with the government, one ab- tary engagement in Afghanistan terms of imprisonment for individ- staining and others absent for the continued to flare up throughout uals who commit serious or repeat vote. the period covered in this report firearm offences, and to create the On Monday, March 19, 2007, with new casualties sparking re- new offences of breaking and enter- Gordon O'Connor (Minister of Na- newed calls from the opposition ing to steal a firearm and robbery to tional Defence) rose on a point of or- benches for a review of Canada's steal a firearm. Referred to the der to apologize to the House for military commitment. On a number Standing Committee on Justice and having provided inaccurate infor- of occasions, the government Human Rights after second reading mation to Members, and to table re- weathered opposition demands for and reported back to the House on vised responses to two written the immediate resignation of the February 21, 2007, the bill was questions concerning Canada's Minister of Defence. These were in- amended by the removal of all man- commitments in Afghanistan and spired by reports concerning the datory minimum penalties. The re- the arrangement with the Afghan mistreatment of prisoners en- sult was a truncated bill with nine government for the transfer of trusted by Canadian troops to the clauses, compared to the original detainees. custody of Afghan authorities. thirty-one. As happened in the case In the face of renewed rotating An opposition (Liberal) motion of Bill C-30, the title of the bill had strikes and a lockout of employees calling for the withdrawal of Cana- been changed from the original “Act of the Canadian National Railway dian troops from Afghanistan in to amend the Criminal Code (minimum Company, and with the co-opera- 2009 was defeated on April 24, 2006, penalties for offences involving firearms tion of all opposition parties but the with the NDP, which favours an im- and to make a consequential amend- NDP, Bill C-46 (An Act to provide for mediate withdrawal, voting against ment to another Act” to reflect the the resumption and continuation of the motion. amendments made by the Commit- railway operations) which had been Other Legislation tee. At the time of writing, the bill introduced and read the first time remains on the Order Paper and has on February 23, 2007 (prior to a ten- Since February 1, 2007, the follow- not been debated at second reading. tative agreement was between CN ing government bills have received The concurrence of the House in and its employees) was considered Royal Assent: the 36th report of Standing Commit- on April 16, 2007, on which date clo- tee on Procedure and House Affairs sure was invoked and a special or- • C-3 (An Act respecting interna- on February 22, 2007, established a der respecting proceedings tional bridges and tunnels and mak- twelve member legislative commit- adopted, with the result that the Bill ing a consequential amendment to tee under the chairmanship of Ber- was read the third time and passed another Act) – February 1, 2007 nard Patry to examine Bill C-35 (An the following day. After simi- • C-16 (An Act to amend the Canada Act to amend the Criminal Code (re- larly-expeditious passage by the Elections Act) – May 3, 2007 verse onus in bail hearings for fire- Senate, it received Royal Assent on • C-26 (An Act to amend the Criminal arm-related offences), another April 18, 2007. Code (criminal interest rate)) – May element of the government's “law Bill C-43 (An Act to provide for con- 3, 2007 and order” legislative agenda. At sultations with electors on their prefer- • C-28 (A second Act to implement the time of writing, the bill remains ences for appointments to the Senate), certain provisions of the budget ta- before the committee. which had languished on the Order bled in Parliament on May 2, 2006)– A government motion to extend Paper since its introduction in De- February 21, 2007 key Criminal Code provisions insti- cember of 2006, was debated for the • C-36 (An Act to amend the Canada tuted by the Anti-terrorism Act, S.C. first time at second reading on April Pension Plan and the Old Age Secu- 2001, c. 41, s. 4 for a further three 20, 2007. On April 18th, the Prime rity Act) – May 3, 2007 years was opposed by all of the op- Minister had announced the ap- • C-37 (An Act to amend the law gov- position parties including the Liber- pointment to the Senate of Bert erning financial institutions and to als, the original enactors of the Brown, one of Alberta's “Sena- provide for related and consequential matters) – March 29, 2007 anti-terrorism statute. After debate tors-in-Waiting” who had twice

44 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 • C-46 (An Act to provide for the re- ment”. The amendment was de- g) called upon the government to sumption and continuation of rail- feated (YEAS: 109, NAYS: 175) on end Canada's existing military de- way operations) – April 18, 2007 ployment in Afghanistan in 2009 March 26, 2007. The following day, • (Lib – debated April 19, 2007; nega- C-49 (An Act for granting to Her the main motion in support of the tived April 24, 2007); and Majesty certain sums of money for budget was adopted (YEAS: 176, the federal public administration for h) called upon the government to set the financial year ending March 31, NAYS: 119) with the support of the fixed greenhouse gas reduction tar- 2007 (Appropriation Act No. 4, Bloc Québecois. gets as soon as possible so as to meet 2006-2007)) – March 29, 2007 One casualty of the budget debate the objectives of the Kyoto Protocol, and to establish a carbon exchange • C-50 (An Act for granting to Her was the Member for in Montréal (debated – April 24, Majesty certain sums of money for (Joe Comuzzi), who was expelled 2007). the federal public administration for from the Liberal caucus on March the financial year ending March 31, 22, 2007, after announcing his inten- 2008 (Appropriation Act No. 1, The Supplementary Estimates 2007-2008)) – March 29, 2007 tion to vote in favour of the budget. (B), 2006-2007 were tabled on Feb- Mr. Comuzzi had stated publicly • ruary 22, 2007 and concurred in on S-2 (An Act to amend the Hazardous that he supported the Government's Materials Information Review Act)– March 22, 2007; the Main Estimates March 29, 2007 focus on health-care spending and 2007-2008 were tabled and deemed had declared that if the budget pro- • referred to the apposite standing S-3 (An Act to amend the National vided funds for Thunder Bay's new Defence Act, the Criminal Code, the committees on February 27, 2007. Molecular Medicine Research Cen- Sex Offender Information Registra- Procedure/Privilege tion Act and the Criminal Records tre he would to vote for it. Act) – March 29, 2007 Business of Supply On February 2, 2007, Ken Boshcoff sought and obtained unanimous Ways and Means – The Budget Supply motions subsequent to that consent to move that Bill S-1001 (An of February 1, 2007 (see above) on Act respecting Scouts Canada), a pri- The Minister of Finance, Jim the Kyoto Accord: vate bill, be deemed to have been Flaherty, presented the second bud- a) called upon the government to read a second time and referred to a get of the 39th Parliament to the provide the government of Quebec with $328 million to enable it to im- Committee of the Whole, deemed House on March 19, 2007. Notewor- plement its plan to meet the Kyoto considered in Committee of the thy among the provisions of the Protocol targets (BQ – debated Feb- Whole, deemed reported without budget were measures intended to ruary 8, 2007; adopted February 13, amendment, deemed concurred in address the so-called “fiscal imbal- 2007); at report stage and deemed read a ance”. b) condemned all of the current gov- third time and passed. Private bills, ernment's major policy and legisla- An NDP subamendment con- which are now relatively rare, in- demning the budget for failing to tive initiatives (Lib – debated February 15, 2007; adopted Febru- volve Parliament both in a judicial reduce the “prosperity gap” be- ary 20, 2007); and a legislative capacity, and are tween the rich and the poor in Can- c) called upon the government to subject to special rules in both ada was defeated on March 21, 2007 implement a national anti-poverty Houses of Parliament. They confer (YEAS: 274, NAYS: 29). strategy (NDP – debated and nega- special powers or benefits upon one A Liberal amendment con- tived on February 20, 2007); or more persons or body of persons, demned the budget for alleged fail- d) condemned the government's im- or exclude one or more persons or ures to propose measures to migration policies (Lib – debated February 22, 2007; adopted Febru- body of persons from the general support disadvantaged citizens and ary 27, 2007); application of the law, and should aboriginals; to provide broad-based e) denounced the “laisser-faire atti- not be confused with private Mem- income tax; to support students and tude of the government” in its nego- bers' public bills. child care; and to advancing signifi- tiations with Boeing (BQ – debated James Rajotte,Chairofthe cant measures to deal with green- March 1, 2007; negatived March 20, Standing Committee on Industry, house gas emissions and other 2007; Science and Technology, rose on a environmental priorities. The f) regretted that the government had point of order on March 1, 2007, to amendment also accused the gov- “abandoned the principles respect- ing the Atlantic Accords, equaliza- request clarification with regard to ernment of “gross exaggerations of tion and non-renewable resource the right of Standing Committees to increased federal transfers to prov- revenues” (Lib – debated and nega- continue to meet while recorded di- inces and other orders of govern- tived on March 22, 2007; visions are conducted in the Cham-

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 45 ber. In a ruling delivered on March Peter Milliken affirmed “the On March 29, 2007, Scott Reid 22, 2007, the Speaker confirmed that government's unquestioned pre- raised a question of privilege with the Standing Orders clearly confer rogative to determine the agenda of respect to boxes of confidential doc- upon committees the power “to sit business before the House”. Noting uments belonging to the Conserva- while the House is sitting” and “to that “Supply Days were never en- tive Party which were discovered sit during periods when the House visaged as an alternative to the leg- by the current (i.e. Liberal) occu- stands adjourned” (S.O. 108(1)(a) islative process” and that the pants of the office, a circumstance and S.O. 113(5)). Acknowledging motion in question would have the which had been made public in a that provision in the rules for the effect of imposing closure or time al- news conference held by Mark Hol- temporary suspension of committee location on four bills simulta- land and Marlene Jennings.Mr. meetings to permit Members to vote neously, he ruled it out of order. Reid quoted Mr. Holland and other in the Chamber might well be desir- The Parliamentary Secretary to sources to support his contention able, he referred to the absence of the Leader of the Government in the that the confidential documents in such provision as “a chronic and House of Commons (Tom question had been inspected in de- still unresolved ambiguity in the Lukiwski) rose on a point of order tail by persons associated with the practice of the House.” He recom- on March 21, 2007, in connection Liberal Party. Maintaining that this mended that the Standing Commit- with remarks made by breached his privileges by imped- tee on Procedure and House Affairs on March 2, 2007. During debate on ing his ability to discharge his du- consider the matter and report to the motion for concurrence in the ties as a Member of Parliament, Mr. the House with recommendations 11th report of the Standing Commit- Reid charged that such behaviour for appropriate directives or tee on Agriculture and Agri-food, constituted a contempt of Parlia- changes to the rules. He concluded Mr. Martin had referred to the Min- ment. by reminding Members that there ister of Agriculture as “Il Duce”, Mr. Holland, in his submission was no obstacle to the adoption by a compared the Minister to Mussolini on the question of privilege (deliv- committee of a routine motion set- and characterized his actions rela- ered on April 17, 2007) told the ting out a protocol to be followed tive to the Canadian Wheat Board as Chair that all of the documents in upon to the sounding of the division “fascism”. Mr. Martin (March 27, question had been returned. He also bells. 2007) argued that the expressions in contradicted Mr. Reid's claim that Peter Van Loan (Leader of the question were no longer as “volatile all of the documents had been Government in the House of Com- and emotionally charged” as they boxed and labelled for delivery. At mons and Minister for Democratic had once been. He invoked the prin- the time of writing, a ruling from Reform) rose on a point of order on ciples that in these matters the Chair the Chair is pending. March 21, 1007, to challenge the ad- must consider the context in which Committees missibility of an Opposition Motion the disputed remarks were made proposing the adoption at all stages and whether or not they created Typical of the responses of opposi- of Bills C-18 (An Act to amend certain disorder in the Chamber. tion-dominated Standing Commit- Acts in relation to DNA identification), In his ruling (April 17, 2007), the tees to government initiatives was C-22 (An Act to amend the Criminal Speaker expressed concern for the the Third Report of the Standing Com- Code (age of protection) and to make immediate and potential effects of mittee on the Status of Women, pre- consequential amendments to the such language on the ability of this sented on May 19, 2007. The report, Criminal Records Act) and C-23 (An House to conduct free and civil dis- which recommended increased Act to amend the Criminal Code (crimi- course. He found that the context in funding for women's groups and nal procedure, language of the accused, which it was used had not apprecia- “equality-seeking organizations”, sentencing and other amendments)) bly mitigated its effect, declared it to was brought back before the House and C-35 (An Act to amend the Crimi- be unparliamentary, and directed by means of a motion for concur- nal Code (reserve onus in bail hearings Mr. Martin to withdraw his re- rence, debated on February 12, 2007 for firearm-related offences)). marks. Mr. Martin did so, and un- and adopted the following day in a In a ruling on March 29, 2007, in like many other Members who find deferred recorded division. which he appealed to “the values in- themselves in similar situations, he On February 27, 2007, Norman herent in the parliamentary conven- did so unreservedly and without Doyle presented the 11th Report of tions and procedures by which we qualification. the Standing Committee on Citizen- govern our deliberations”, Speaker ship and Immigration. The purpose of

46 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 the report was to inform the House cision to do so was precipitated by to which the bill was referred of a possible breach of parliamen- evidence presented to the Commit- following second reading, neces- sitated the obtaining of a Royal tary privilege by way of the prema- tee on February 21, 1007 in connec- Recommendation. The Speaker ture disclosure of a confidential tion with Chapter 9 of the ruled that the amendments in draft report on security certificates. November 2006 Report of the Auditor question contained no authoriza- The Committee requested that the General of Canada (Pension and Insur- tion for spending, nor did they House and the Standing Committee ance Administration - Royal Canadian entail spending for a “new and distinct purpose”, and that con- on Procedure and House Affairs in- Mounted Police). sideration of the bill could con- vestigate the matter further. To The committee heard testimony tinue without any requirement date, no motion for concurrence has from numerous current and former for a royal recommendation. The been adopted and the Standing officers and administrators of the bill was read the third time and Committee on Procedure and passed in a recorded division on force, from former Commissioner February 14, 2007 (Yeas: 161; House Affairs has taken no action. Giuliano Zaccardelli, and, in a tu- Nays: 113). On Thursday, March 1, 2007, multuous session on April 23, 2007, • Bill C-292 (An Act to implement the Gary Goodyear presented the 37th from , former President Kelowna Accord) standing in the Report of the Standing Committee on of the Treasury Board, and Anne name of was read the Procedure and House Affairs (decorum McLellan, former Minister of Pub- third time and passed in a re- in the House of Commons). To the dis- lic Safety and Emergency Prepared- corded division (Yeas: 176; Nays: appointment of some Members con- ness, and former Deputy Prime 126) on March 21, 2007, with all parties except the Conservatives cerned with this issue, the Minister. At the time of writing, the voting in favour of the motion. Committee declined to recommend enquiry is ongoing. The bill requires that the govern- that the Chair be provided with new ment “immediately take all mea- Private Members' Business tools to permit it more effectively to sures necessary to implement the address the ongoing decline in the terms of the accord, known as the Private Members' public bills 'Kelowna Accord', that was con- level of decorum in the Chamber, adopted since February 1, 2007: cluded on November 25, 2005” particularly during the daily Ques- 2005 by the government of former Prime Minister Martin. Doubts tion Period. The report made ap- • Bill C-252 (An Act to amend the Di- have been expressed as to the le- peals to collegiality and encouraged vorce Act (access for spouse who is gality of certain provisions of the more frequent and assertive use of terminally ill or in critical condition) bill should it become law. the mild sanctions already available standing in the name of Rick to the Chair. Casson was read the third time • Bill C-293 (An Act respecting the andpassedunanimouslyon provision of official development as- Further to his apology to the March 21, 2007. If enacted into sistance abroad (former title: An Act House on March 19, 2007 for re- law, the bill will grant terminally respecting the provision of develop- peated statements to the effect that or critically ill parents access to ment assistance abroad)), standing International Committee of the Red children of broken marriages “as inthenameofJohn McKay long as such access is consistent Cross would report to Canadian au- (Scarborough-Guildwood) was with the best interests of the read the third time and passed on thorities any abuse of prisoners child.” March 28, 2007. turned over to Afghan authorities, • Bill C-277 (An Act to amend the • the Minister of Defence was invited Bill C-294 (An Act to amend the In- Criminal Code luring a child)) come Tax Act (sports and recreation to appear before the Standing Com- standing in the name of Ed Fast programs)), standing in the name mittee on Defence. While he has not wasreadthethirdtimeand of Brian Fitzpatrick was read the done so, he did appear before the passed on March 28, 2007. third time and passed on March 30, 2007. Standing Committee on Foreign Af- • Bill C-288 (An Act to ensure Canada fairs in connection with the situa- meets its global climate change obli- tion in Afghanistan, on April 25, gations under the Kyoto Protocol) Since the commencement of this 2007. was subjected, in a point of order Thirty-ninth Parliament, no private raised on Friday, February 2, 2007 In widely reported proceedings, by the Parliamentary Secretary to Member's public bill originating in the Standing Committee on Public the Leader of the Government in either House has received Royal Accounts undertook to investigate the House of Commons and Min- Assent. reports of administrative miscon- ister for Democratic Reform to the Private Members' motions duct and the alleged mishandling of now common challenge to pri- vate Members' bills, that amend- adopted since February 1, 2007: pension funds at the RCMP. The de- ments of the Standing Committee

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 47 • a motion calling upon the govern- 25, 2007 as the International Day for climate change. Other highlights ment to adopt a comprehensive the Commemoration of the 200th include plans to: strategy to combat the trafficking Anniversary of the Act to Abolish the of women and children world- • wide, Joy Smith, February 22, African Slave Trade in the British Em- address housing, labour, infra- 2007 pire. On March 26, 2007, Jason structure and environmental pressures; • Kenney (Secretary of State (Multi- a motion calling for government • action in support of the Canadian culturalism and Canadian Identity), develop an energy strategy to en- textile industry, Paul Crête, April Colleen Beaumier, Maka Kotto sure resource development and environmental stewardship; 18, 2007 and Wayne Marston made state- • • a motion calling for the develop- ments to the House with respect to develop a capital plan to address ment of a national strategy for the the abolition of the Slave Trade. infrastructure needs and infla- tion costs; treatment of autism spectrum dis- On March 29, 2007, Greg Thomp- order, , February 14, • son (Minister of Veterans Affairs) finalize a long-term funding ar- 2007 rangement with municipalities; made a statement on the occasion of Other Matters the 90th anniversary of the Battle of • develop a policy for managing Vimy Ridge. This was followed by the financial or budgetary sur- pluses. On February 7, 2006, statements from Albina Guarneiri, paid tribute to the memory of Len Gilles Perron, and Peter Stoffer. Hopkins, Member of the House of The Deputy Speaker, Mr. Blaikie, During the Spring Sitting, the As- Commons from 1965 to 1997. Mr. also made a brief statement in this sembly approved supplementary Hopkins passed away on February regard. estimates totalling $393,516,000 for 6, 2007. five departments. The Assembly On February 21, 2007, Mr. Good- Gary Sokolyk also approved interim estimates to- year presented the 35th Report of the Procedural Clerk talling $10,009,000,000. Standing Committee on Procedure and Table Research Branch At the time of writing, 11 Govern- House Affairs recommending the ap- House Proceedings Directorate ment Bills had been passed by the pointment of Marc Mayrand as Assembly. Chief Electoral Officer of Canada. Government Bills Later, by unanimous consent, the Government House Leader Mr. Van Some Bills before the Assembly in- Loan, seconded by , clude: Michel Gauthier and Libby Davies moved that, in accordance with sec- • Bill 1, Lobbyists Act, creates a lob- tion 13 of the Canada Elections Act, byists registry whereby individu- Chapter 9 of the Statutes of Canada, als can access information 2000, the House appoint Mr. regarding people, groups, and Mayrand as Chief Electoral Officer. Alberta organizations who lobby the Pro- vincial Government. The Bill also The motion carried unanimously. n March 7, 2007, Lieutenant prohibits lobbyists from simulta- On March 15, 2007, Bill Blaikie, Governor Norman L. Kwong neously lobbying and being paid O by the Government to provide who has served in the House for the delivered the Speech from the past twenty-eight years, announced advice to the Government on the Throne. The Speech outlined ac- same issue and contains provi- his decision not to run in the next tions the Government will under- sions to have the listing of entities general election. Mr. Blaikie is cur- take under five priorities: who receive payment from the rently Dean of the House. He has governing with integrity and trans- Government posted online. served this Thirty-ninth Parliament parency; managing growth pres- • Bill 3, Climate Change and Emis- with distinction as Deputy Speaker sures; improving Albertans' quality sions Management Amendment Act, and Chairman of Committees of the of life; providing safe and secure 2007, establishes legislated Whole of the House of Commons. greenhouse gas emission reduc- communities; and building a strong tion targets for large industrial On March 23, 2007, the House Alberta. It also outlined the Govern- emitters. The regulations require unanimously adopted a motion of ment's commitment to protecting industry to reduce emissions in- Raymonde Folco that the House the environment and addressing tensity by 12 per cent by 2008 ei- recognize the importance of March ther through upgrading facilities,

48 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 purchasing Alberta offsets, or in- Private Members' Public Bills Standing Orders Changes vesting in a technology fund to develop Alberta-based technol- Some Private Members' Public Bills During the Spring Sitting the Legis- ogy to reduce emissions. The op- position indicated they could not before the Assembly include: lative Assembly approved signifi- support the Bill as it failed to pro- cant changes to its Standing Orders. vide clear and fixed targets as • Bill 203, Service Dogs Act, spon- The temporary amendments were well as timelines. A reasoned sored by Rob Lougheed (PC, approved by the Assembly on Strathcona) prohibits discrimina- amendment was moved by the March 12, 2007, thereby giving ef- Leader of the New Democrat op- tion against persons with disabil- position during Third Reading ities who use a certified service fect to a March 7, 2007, House Lead- consideration of the Bill which dog by allowing such individuals ers' Agreement. Further was defeated on division. to be accompanied by an accred- amendments to the temporary ited service dog in all areas open • Standing Orders were approved on Bill 31, Mental Health Amendment to the general public. The Bill also Act, 2007, amends the Act by includes a provision for a mecha- April 17, 2007. A guiding principle changing the criteria for involun- nism to identify service dogs. in the House Leaders' Agreement tary admission to designated fa- was democratic reform, specifi- cilities, provides a legislative cally, to create a better quality of life framework to implement com- Hoist amendments were moved munity treatment orders in Al- in connection with the following for MLAs by changing the sitting berta, and requires that treatment Private Members' Bills: schedule in order to increase partic- recommendations be provided to ipation by women and parents with patients' family doctors when pa- • Bill 204, Emblems of Alberta young families. tients are discharged from Notable amendments include: facilities. (Franco-Albertan Recognition) Amendment Act, 2007 / Loi • Bill 34, Tenancies Statutes Amend- modificative de 2007 sur les • a set parliamentary calendar with ment Act, 2007, amends the exist- emblèmes de l'Alberta (reconnais- a Spring Sitting to commence the ing legislation by limiting rent sance du fait franco-albertain),in- first Monday of February and increases to once per year with troduced by Frank Oberle (PC, conclude the first Thursday in three months' notice before rent Peace River), amended the Em- June and a Fall Sitting to com- on periodic tenancies can be in- blems of Alberta Act by recognizing mence the first Monday in No- creased. The Bill also compels the Franco-Albertan symbol as an vember and conclude the first landlords to provide one year's official emblem of Alberta. A Thursday in December; notice before ending a periodic six-month hoist amendment was tenancy for the purpose of con- agreed to during Second Reading • the adjournment of the Assembly verting a rental unit to a condo- of the Bill. (Note: a Government every fourth week during the minium or to undertake major Bill, Bill 27, Emblems of Alberta Spring Sitting for a constituency renovations to a rental unit. No Amendment Act, 2007, was intro- week; rent increases are to be permitted duced in response to Bill 204 to al- • revised sitting hours whereby the during that one-year period. The low for any special Alberta Assembly now sits Monday changes are retroactive to April symbol to be added to the list of through Thursday from 1:00 p.m. 24, 2007, the date the Government official symbols of the province. to 6:00 p.m. (the Assembly previ- first announced its intention to re- These items would be designated ously sat Monday through Thurs- vise residential tenancies legisla- as symbols of distinction rather day from 1:30 p.m. to 5:30 p.m. tion. Landlords who fail to than emblems. The Government and Monday, Tuesday and comply with the legislation may Bill received Royal Assent on Wednesday evenings from face fines of up to $10,000 per ten- April 20, 2007.) 8:00 p.m. until adjournment). The ant. The opposition criticized the • Assembly will meet in the eve- Bill and argued that rent stability Bill 205, Environmental Protection nings over 2 weeks for consider- guidelines (limits on the amount and Enhancement (Conservation ation of the main estimates of increases) be put in place. Dur- and Reclamation) Amendment Act, during the 2007 Spring Sitting ing Committee of the Whole con- 2007, sponsored by Ivan Stang (from 7:00 p.m. to 10:15 p.m.). sideration, which began the (PC, West Yellowhead), pro- There also remains a provision in evening of May 9 and continued posed amendments to the Act to the Standing Orders to allow the until late the following morning, ensure that stakeholders in the Assembly to meet in the evenings 6 opposition amendments and 1 energy and forest industries upon passage of a Government subamendment were moved in would be brought together with Motion to consider Government connection with the Bill. Two of representatives from the Govern- Business; these amendments were ment on a consistent basis to re- approved by the committee. view reclamation standards for • changes to the procedure for the land that has been utilized in the consideration of the main esti- resource extraction. mates. The Committee of Supply

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 49 will consider the main estimates withdraw his remarks made earlier Other elements of Budget 2007 in- for 75 hours (four cycles of 15 that day during Oral Question Pe- clude: hours to be considered in three riod. Mr. Agnihotri asked questions • a new $1.4 billion Municipal hour blocks - with each of the lat- Sustainability Initiative; ter allocated to a recognized party regarding Community Initiatives (with final hours open to all Mem- Program grants which gave rise to a • a 10 per cent increase in operating bers). At the conclusion of the 75 point of order by the Government spending to address growth pres- hours of consideration (60 hours House Leader, (PC, sures and improve services; for the 2007 Spring Sitting), one • vote is taken to approve the esti- Edmonton-Whitemud). The Gov- increased tax credits for charita- mates unless additional votes are ernment House Leader argued that ble donations and post-second- required on amendments or if a Mr. Agnihotri's questions imputed arystudentsaswellashigher Member has provided notice that tobacco taxes (16 per cent in- false motives to another Member, crease); they would like the estimates of a made allegations against another particular department voted on • Member, and used insulting lan- the assumption that prices will be separately; $58.00 US a barrel for oil and guage. The Speaker invited Mr. • $6.75 Cdn per gigajoule for natu- the establishment of four Policy Agnihotri to withdraw his remarks Field Committees each consisting ral gas. on three occasions and, following of 11 Members. The mandates of Question of Privilege these four committees are based his refusal to do so, named the on the Government's Cabinet Pol- Member to the Assembly. The next icy Committees and encompass day, the Speaker recognized Mr. On April 18, 2007, (PC, the following subject areas: Com- Agnihotri who apologized and Minister of Finance, Strathmore- munity Services; Government withdrew his comments. Brooks) raised a purported ques- Services; Managing Growth Pres- tion of privilege in response to state- sures; and Resources and Envi- Budget 2007 ronment. The committees may ments made by Brian Mason (ND, review Bills, regulations or pro- Edmonton-Highlands-Norwood) spective regulations. The annual On April 19, 2007, Lyle Oberg, Min- during Oral Question Period that reports of each Government de- ister of Finance, presented the Bud- day. partment, provincial agency, get and the estimates for the 2007-08 In the preamble to his first main Crown-controlled organization, fiscal year. Revenue for the 2007-08 board or commission are also per- question, Mr. Mason alleged that manently referred the Policy fiscal year is estimated to be the Minister of Finance “failed to Field Committees and may $35.3 billion and total resource reve- disclose his campaign donations for inquire into matters within their nue is expected to be $10.3 billion. his PC leadership bid and has bro- jurisdiction; The Minister projected total expen- ken his own deadlines by doing so.” • an expanded role for the Standing ditures of $33.1 billion in 2007-08. Mr. Mason made another allegation Committee on Public Accounts. Surplus revenue is estimated to be against the Minister when he said The Committee will now be able $2.2 billion. The Budget increases “Worse, the Minister has continued to meet when the Assembly is not the base budget for the Department in session. The Government must to fund raise even while preparing also respond to a report of the of Health and Wellness by 12.2 per tomorrow's province budget.” He Committee within 150 days. cent to $12 billion. Funding for Ad- then asked the Premier “Why does vanced Education, which oversees the Premier think it is acceptable for The amendments have effect un- post-secondary education pro- a Finance Minister to be seeking fi- til the dissolution of the 26th Legis- grams, will increase by 22.2 per cent nancial donations from the very lature and will be reviewed by the to $3.1 billion while program sup- same corporations and individuals Assembly's Standing Committee on port for Education will increase to who may benefit from his budget?”. Privileges, Elections, Standing Or- $5.6 billion. Funding for Infrastruc- Speaker Kowalski ruled that ders and Printing. ture programs will be$2.6 billion. while there was no prima facie ques- Over the next three years, $18.2 bil- Naming a Member tion of privilege, as the Member's lion will be allocated to infrastruc- comments did not impede the ture projects, including $3 billion Member from performing his par- On April 3, 2007, Speaker Kenneth for health facilities and equipment liamentary duties, but in no way Kowalski named Bharat Agnihotri and $1.3 billion for schools. did he condone the comments that (Lib, Edmonton-Ellerslie) to the As- Funding for Environment will were the subject of the purported sembly. Mr. Agnihotri was named increase by 6.3 per cent to $164 mil- question of privilege. after he refused to apologize or lion.

50 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 Expanded Internet Coverage of 29. Since the subject-matter of Bill ment of Foreign Affairs and Interna- House Proceedings S-4, an amendment to the Constitution tional Trade. The Human Rights Act, 1867 (Senate tenure) and a mo- Committee recommended ways to The entire proceedings of the Legis- tion to increase western representa- tighten the process of hiring visible lative Assembly of Alberta's after- tion in the Senate had been studied minorities in the public service in its noon sittings were made available and reported in October 2006, the Seventh Report entitled Employment on the Assembly website beginning Senate gave its undivided attention Equity in the Federal Public Ser- April 10, 2007. The webcast of to Bill S-4. It imposes a limit of eight vice-Not There Yet, tabled on Febru- House proceedings can be viewed years on the tenure of senators ap- ary 20. Autism was the subject of the at www.assembly.ab.ca. pointed after the bill becomes law Twelfth Report of the Social Affairs, while preserving the existing retire- Science and Technology Committee Micheline S. Gravel ment age of 75. Many senators took tabled in the Senate on March 29. Clerk of Journals/Table Research part in debate on second reading, The committee recommended in its spread over 28 days, before the bill report entitled Pay Now or Pay Later: was referred to the Legal and Con- Autism Families in Crisis that the fed- stitutional Affairs Committee on eral government act now to assist February 20. families facing the challenges of au- tism. Committee Reports The Social Affairs, Science and The wide range of Senate interest Technology Committee also re- and scrutiny is more evident in the ported on reproductive issues of reports of its committees, either concern to women; the Fisheries standing or special. During this pe- and Oceans Committee on Atlantic fish stocks; the Human Rights Com- Senate riod, committees presented reports on five Government bills and one mittee on children's rights; the Offi- Senate public bill and tabled 19 re- cial Languages Committee on he high profile issues of climate ports on special studies. Of these, bilingual service on the Trans-Can- change and Senate reform occu- T two were submitted by special com- ada Highway and at the 2010 Olym- pied much of the Senate's time dur- mittees appointed to consider a par- pic and Paralympic Games; the ing the winter of 2007. As the ticular issue. The Special Aboriginal Peoples Committee on chamber of sober second thought, Committee on the Anti-terrorism Act Aboriginal economic development; the Senate takes its role seriously tabled its Main Report entitled Fun- the National Security and Defence and important legislation can ex- damental Justice in Extraordinary Committee on Canadian troops in pect to be given careful consider- Times on February 22 and later on Afghanistan, security gaps at air- ation, both on the floor of the Senate March 1, the Special Committee on ports, seaports, border crossings and in its committees. Bill C-288, the Aging tabled its interim report enti- and coasts and ceremonies marking Kyoto Protocol Implementation Act, tled Embracing the Challenge of Ag- the 90th anniversary of Vimy Ridge; passed by the House of Commons ing. and Scrutiny of Regulations Joint under Private Members' Business, Standing committees also re- Committee on the authority of arrived in the Senate on February 15 ported on special studies. The Sev- Parliament to impose charges. and generated significant debate on enth Report of the Foreign Affairs second reading. Senators opposed Speaker's Rulings and International Trade Committee to the bill questioned the powers of outlined a plan of action for improv- private members through their bills Rulings were given on several ing the standard of living in African to influence Government action. points of order raised by Senator countries. Tabled in the Senate on The effect of this bill, they argued, Gerald J. Comeau, Deputy Leader February 15, the report entitled would be to force the Government of the Government. On February 6 Overcoming 40 Yeas of Failure: A New to propose a particular measure that when adjournment of debate was Road Map for Sub-Saharan Africa rec- it had resolved not to do. After eight proposed on Bill S-222, the Protec- ommended a review of the Cana- days of debate it was referred to the tion of Victims of Human Trafficking dian International Development Energy, the Environment and Natu- Act, Senator Comeau rose to com- Agency (CIDA) and the creation of ral Resources Committee on March plain about the practice of adjourn- an Africa Office within the Depart- ing debate in the name of a

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 51 particular senator. In her ruling the ceptable to request leave to extend senator from 2000 until his retire- next day, the Speaker pro tempore debate. ment four years later, died on April determined it was acceptable to The second point of order, on 16. Senators paid tribute to his move a motion to adjourn debate in April 17, concerned a motion asking memory on April 25. another senator’s name. At the same the Human Rights Committee to time, she took the opportunity to consider a resolution adopted by Mary Mussell caution senators in referring to the the OSCE Parliamentary Assembly Journals Branch absence of members, an issued and the propriety of asking a com- raised by Senator Joan Fraser, also mittee to judge the proceeding of in a point of order. another assembly. The Speaker On February 8, day, the Speaker found that the committee was not pro tempore ruled on a point of order asked to take a stand or to pass raised by Senator Comeau on Janu- judgement on the resolution and ary 30 about a motion to express ruled against the point of order. congratulations and confidence in On March 27, the Senator raised a the new Speaker, the Honourable third point of order. It concerned the Noël Kinsella, which the Senator form of a motion urging the Gov- believed was a censure motion. The ernment of the People’s Republic to British Columbia Speaker pro tempore did not agree China and the Dalai Lama to nego- the language suggested censure tiate about the future of Tibet. Con- he Third Session of the and ruled the motion procedurally vinced that the only intention of the acceptable. TThirty-eighth Parliament com- motion was to express the view of menced on the afternoon of Febru- Senator Comeau raised a further the Senate, the Speaker ruled it in ary 13, 2007 with reading of the point of order on January 30, stating order. Speech from the Throne by Lieuten- his belief that that Bill S-221, the ant Governor Iona Campagnolo. Medical Devices Registry Act, was a Royal Assent Building upon the government's money bill which could not origi- previous commitments to the “Five nate in the Senate. No evidence was The Governor General, Michaëlle Great Goals for a Golden Decade,” found to support his argument, Jean, granted royal assent to five the government's agenda proposed however on February 20 the bills in a formal ceremony held in programs to promote partnerships Speaker ruled the bill in order. the Senate Chamber on March 29. Four other bills also received royal with First Nations; to address The final point of order was assent by written declaration. One global warming and urban sprawl; raised at the end of Question Period of these, Bill C-46, ended the CN to increase available affordable on February 15 when Senator Rail labour strike and was the first housing; to improve quality, choice Comeau argued that some ques- back-to-work legislation since 1999. and accountability within the tions posed to committee chairs Another, a private bill, changed the health and education systems; and were out of order because they an- organization's official name from to further open Canada's Pacific ticipated a decision of the Senate. the Boy Scouts of Canada to Scouts Gateway. Question Period is an opportunity Canada. The government's commitment to exchange information, the to implement tangible solutions to Speaker noted in his ruling on Milestones address climate change has been March 20, and ruled that questions lauded both domestically and inter- posed to committee chairs during On February 21, senators paid trib- nationally. Environmental initia- Question Period were permissible. ute to the dean of the Senate, Jack tives announced in the Throne On April 24, the Speaker also Austin, who retired on March 2. A Speech include reducing green- ruled on three points of order that member of the Senate for over 31 house gas emissions to 90 percent of had been raised by Senator Anne years, he served as Leader of the 1990 levels by 2020; incentives for Cools. On March 27, the Senator Government from 2003 to 2006 and clean energy production; tailpipe challenged the practice of granting was a member of numerous stand- emission standards for all new ve- extensions of the time limit on ing committees. hicles sold; rebates for consumers speeches. The Speaker, however, Jack Wiebe, a former Lieuten- electing to purchase hybrid vehi- determined it was procedurally ac- ant-Governor of Saskatchewan and cles; and a commitment to make the

52 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 government of B.C. carbon-neutral Sitting hours adopted by the House. In an effort by 2010. to modernize the Inquiry Act, Attor- Whereas great emphasis was Citing a need for the Legislative As- ney General Wally Oppal intro- placed on the environment in the sembly to model healthy lifestyles, duced Bill 6, the Public Inquiry Act. Speech from the Throne, Finance Government House Leader Mike The new act establishes two types of Minister Carole Taylor delivered a de Jong moved a sessional motion commissions of inquires (study surplus budget that emphasised a to alter the legislative sitting hours commissions and hearing commis- government commitment to in- on February 22, 2007, thereby elimi- sions), clarifies the powers and crease housing opportunities for all nating extended night sittings. As functions of inquiries, and ensures British Columbians. The “Housing proposed, the sessional order the commissions are based on mod- Legacy” budget set aside additional would maintain the existing morn- ern standards of administrative jus- funding for emergency shelter beds; ing sitting hours, while changing tice. Noting that Bill 6 also provided additional supports for projects to the afternoon sitting hours to 1:30 to the Lieutenant Governor in Council house the homeless; increases to the 6:30 p.m. from Monday to Thursday the power to receive, review, sever, shelter allowance and an expansion for the entire third session. The and release a commission's report, to the province's Rental Assistance Standing Orders had stipulated that opposition critic Leonard Krog un- Program; as well as an enhanced ex- the House would sit from 2:00 to successfully posed several amend- emption for first-time home buyers 9:00 p.m. on Mondays and Wednes- ments to the legislation, including a from the property transfer tax. Bud- days beginning in March. The failed attempt to amend the title to get 2007 also included a reduction amended time allotments for debate the Secret Inquiry Act. in personal income taxes by ten per- would result a net increase of eight Endorsed by both sides in the cent for all individuals earning less sitting hours over the course of House, Bill 10, the Tobacco Sales than $100,000. Government noted spring session as outlined within (Banning Tobacco and Smoking in that the savings resulting from this the parliamentary calendar. Public Spaces and Schools) Amend- tax reduction could be used to assist Opposition members opposed ment Act, 2007, prohibits the sale of British Columbians in offsetting the amendment on several grounds. tobacco on university campuses, rising costs of housing expenses Lead by Opposition House Leader recreation facilities, or any building throughout the province. Mike Farnworth, members argued owned or leased by a Crown Corpo- against the amended sitting hours In light of the significant diver- ration; bans smoking on school on the basis that the move would gence of critical policy themes be- grounds; and provides for an ad- primarily benefit Members com- tween the Throne Speech and ministrative penalty process rather muting between Victoria and urban Budget 2007, the Leader of the Offi- than penalties administered by a ridings in the lower mainland; the cial Opposition, Carole James,re- court process. reduced afternoon break would cut marked during her Response to the The Minister of Education, Shir- into time available to meet constitu- Throne Speech that the govern- ley Bond, introduced several pieces ency delegations in Victoria; and ment's past Throne Speeches “have of legislation pertaining to British that ending debate at 6:30 p.m. been a terrible barometer of the gov- Columbia's education system. Bill would effectively reduce the pub- ernment's true intentions.” NDP Fi- 20, the School (Student Achievement lic's opportunities to view live par- nance critic Bruce Ralston added Enabling) Amendment Act, 2007, liamentary debate. Furthermore, as that the 2007 budget only contrib- broadens the mandate of boards of the motion was not introduced until uted $4 million over three years to education to include early learning the second week of session, time al- specifically address climate change. and literacy programs, requires lotted for estimates debate would Mr. Ralston also remarked that the school boards to meet specific goals effectively be reduced by at least Budget did little for middle-income for student achievement and per- one-half hour. The motion to adopt families facing additional costs as- mits the creation of provincial dem- the sessional order was eventually sociated with post-secondary edu- onstration schools. In response to a agreed to, on division, on February cation and child care. recent court decision, Bill 20 also 26, 2007. permits school districts to charge Legislation fees to defray non-instructional costs associated with special acade- The spring session saw several mies, the purchase or rental of musi- high-profile pieces of legislation cal equipment, tools, and materials

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 53 associated with trades training pro- to remind all Members “to consider port's recommendation to remove grams. Bill 21, the Teaching Profes- the wisdom in investing in non the four murals from the Parliament sion (Teacher Registration) self-directed mutual funds or alter- Buildings. The Legislative Assem- Amendment Act, 2007, requires the natively placing all investments in bly Management Committee has B.C. College of Teachers to post blind trusts.” been assigned the responsibility of on-line information pertaining to relocating Southwell's murals to disciplinary actions taken by the another location. College against its members teach- Members' Remuneration ing in public and independent Jonathan Fershau schools. Finally, building upon a On January 30, 2007, the govern- Committees Research Analyst private member's bill introduced ment appointed an independent last session by Lorne Mayencourt, commission to review the compen- Bill 22, the Education Statutes sation and pension arrangements of Amendment Act, mandates that all all Members of the Legislative As- boards of education must develop a sembly. On May 1, 2007, the Com- code of conduct that meets provin- mission recommended an increase cial standards with respect to in the Member's base salary to anti-bullying and anti-harassment $98,000 with additional stipend in- guidelines. creases to key parliamentary, cau- cus, and ministerial positions. Members are expected to vote on Conflict of Interest Guidelines enabling legislation regarding the commission's recommendations On February 5, 2007, British Colum- during the Spring 2007 session. bia's Conflict of Interest Commis- sioner H.A.D. Oliver, issued a Removal of Public Art ruling concerning a purported con- he First Session of the 56th Leg- flict of interest involving Premier islative Assembly of New For more than 70 years, the Legisla- T Gordon Campbell. At the request Brunswick was convened at 11 a.m. tive Assembly of British Columbia of John Horgan, MLA, Mr. Oliver on Tuesday, February 6, 2007. Eu- has displayed murals purported to conducted an investigation into gene McGinley, Liberal MLA for depict four scenes in the province's whether the Premier's holding of Grand Lake-Gagetown was elected colonial history. Endowed as a gift common shares of Alcan Inc. within Speaker. Mr. McGinley, first elected to the province by a former Provin- an equity portfolio administered in- in a 1972 by-election to represent cial Secretary, S.L. Howe, the mu- dependently on behalf of the pre- the riding of Bathurst, was rals by artist George Southwell are mier by a private investment firm. re-elected in the 1974 provincial prominently displayed in the pub- At issue was whether the Premier election. On June 9, 2003, he was licly-accessible lower rotunda. The was, in fact, in either a perceived or again elected to the Legislative As- four scenes contain images of early actual conflict of interest in light of sembly to represent the constitu- aboriginal people which are consid- Alcan's concurrent appearance be- ency of Grand Lake. He was ered by many to enforce demeaning fore the British Columbia Utilities re-elected in the provincial election and degrading colonial stereotypes. Commission on a regulatory matter. of September 18, 2006, to represent In 2001, Speaker Bill Hartley Noting that the established prac- the new electoral district of Grand commissioned a panel of experts to tice in British Columbia is permit Lake-Gagetown. review the artistic merits and histor- Members to hold open-ended mu- Immediately following the elec- ical accuracy of the depictions of tual funds, common stocks and tion of Speaker, the House recessed aboriginals in the murals. The re- bonds, and other investment de- until 3 p.m. for the formal Opening port made the recommendation that vices while in office, Mr. Oliver and the delivery of the Speech from the murals should be removed, with found that the Premier had neither the Throne. the proviso that they must not be de- breached the Members' Conflict of In- Lieutenant-Governor Herméné- stroyed in the process. terest Act nor had taken part in any gilde Chiasson delivered the inappropriate conduct. However, On April 24, 2007, the House Speech from the Throne, the first for Mr. Oliver did take the opportunity agreed, on division, to adopt the re- the new Liberal government under

54 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 Premier .Inanex- gic assistance for the forest indus- mer Conservative government had cerpt from the speech, the govern- try, and a prescription monitoring supported well-designed measures ment announced its goal of making plan. for conservation and energy effi- the province self-sufficient: The government announced that ciency, having created in 2005 the it intends to forge a new relation- Energy Efficiency and Conserva- Your government is driven by ship with Aboriginal communities tion Agency of New Brunswick. the goal of making New through removal of the Ganong With regard to announced health Brunswick self-sufficient over the next 20 years. This means Line division between Mi'kmaq and initiatives, he noted that nurse prac- increasing New Brunswick's Maliseet communities, the designa- titioners are being trained in New population, economic output, tion of September 24 as Treaty Day Brunswick, and that the previous productivity and income lev- els. … Before embarking on and working with the federal gov- government had already discussed any significant journey, there ernment and First Nations to estab- a plan to consolidate all ambulance are preparations which must lish a Bilateral and Tripartite services. Mr. Volpé claimed that the be undertaken. It is this prepa- ratory work that will be the fo- Forum. new government needs to clarify its cus of this legislative session. In responding to the Throne position on the environment and Speech, Opposition Leader Jeannot that the Premier was confusing the public and distancing himself from Day one initiatives of the new Volpé (PC, Madawaska-les-Lacs) Kyoto Protocol objectives. He government included a 3.8 cent per claimed that the Liberal govern- stated that the new government will litre reduction in provincial tax on ment of today is facing the same also have to provide more support gasoline; first year university stu- challenges that the previous Pro- for regions in the province and dent grants; elimination of parental gressive Conservative government noted that New Brunswick is as and spousal contribution require- faced over more than seven years. much a rural province as an urban ments; removal of seniors' homes, He noted that certain initiatives put one. In conclusion, the Opposition assets and life savings from the cal- forward in the Throne Speech were Leader remarked that the full culation of nursing home fees; and a inspired by the work of the previous legislative agenda he expected to memorandum of understanding on government. He commended the see had been transformed into a Saint John Harbour cleanup. present government for continuing “slimming diet.” Other initiatives outlined in the the plan to add legal assistants to On February 6, Roy Boudreau, Throne Speech include a plan for support social workers, but noted (L, Campbellton-Restigouche Cen- education to implement the MacKay that the plan was ready to be an- tre) and , (L, Bathurst) Report recommendations; a commu- nounced in August. He applauded were appointed to serve as Deputy nity schools policy to enhance the the decision to maintain a private Speakers and chairs of the Commit- quality of rural and urban educa- automobile insurance system, not- tees of the Whole House. tion; a proposed Post Secondary Stu- ing that the Liberals had considered dent Financial Assistance Act; a new a public system but once elected, the Following six days of debate, the select committee to address new government had changed their Address in Reply to the Speech long-term literacy challenges; a fea- minds. Continuing, he indicated from the Throne, moved by Cheryl sibility study for a second nuclear that the PC government had estab- Lavoie, (L, Nepisiguit) and sec- reactor at Point Lepreau; examina- lished the initiatives to make auto- onded by (L, South- tion of the potential of sending nat- mobile insurance more affordable. west Miramichi) passed on uralgastonorthernNew The Leader of the Opposition com- February 16. Brunswick; exploration of prospec- mended the government for main- The 2007-2008 budget was tive markets in Atlantic Canada and taining the gas regulation system brought down on March 13, 2007, New England to grow the energy noting however, that the new gov- by Finance Minister Victor sector; a new energy policy; review ernment's decision to review fuel Boudreau (L, Shediac–Cap-Pelé) of the Electricity Act; a plan to ad- prices weekly does not benefit the and promised greater self-suffi- dress demographic challenges; a middle class and has simply made ciency for the province, focusing on program to stimulate capital invest- the oil industry happy. He claimed the priorities of health care, educa- ment for small business start-up; a that the Liberal government had put tion, senior care and energy conser- Northern New Brunswick Initiative their stamp on the previous govern- vation, and providing for the newly to ensure adequate infrastructure ment's NB Power no-disconnect created Population Growth Secre- for economic development; strate- policy. He pointed out that the for- tariat and a 3% increase in social as-

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 55 sistance rates effective October vincial small business corporate in- ovations to the New Brunswick 2007. It was noted that this was come tax rate will increase to 5% ef- Community College network. cconsistent with priorities identi- fective Jan. 1, 2007, and the income John W. Foran, Minister of Public fied by New Brunswickers through threshold will be decreased to Safety (L, Miramichi Centre) intro- a pre-budget online consultation $400,000. The Minister noted that duced An Act to Amend the Off-Road process and within the govern- the small business corporate income Vehicle Act, explaining that the gov- ment's Charter for Change electoral tax rate is the third lowest in ernment is committed to the re- platform. Canada. sponsible use of off-road vehicles. The Minister stated that the Bud- In his response to the Budget The amendment would prohibit the get is balanced with a surplus of Speech, the Leader of the Opposi- operation of off-road vehicles, in- $37.1 million with a potential deficit tion stated that the Liberal govern- cluding all-terrain vehicles, dirt of more than $300 million for ment destroyed seven years of effort bikes, dune buggies, motorized ve- 2007-2008 identified. The budget and work carried out in partnership hicles and amphibious vehicles, by promised to address the financial with New Brunswick families and youth under the age of 16, except as challenge by: business people. He noted that the otherwise provided. Youth 14 or 15 previous government had achieved years of age would be permitted to • eliminating the HST rebate on these positive results through a operate off-road vehicles only un- home energy fuel costs; strong and prudent approach, cou- der certain conditions. One of the • implementing new revenue mea- pled with a significant tax reduction conditions would require the oper- sures; program and a carefully conceived ation of an appropriate-sized ma- • directing departments to realize plan. He stated that over the previ- chine. Exceptions would also be program administration reduc- ous years, tax reductions were provided which would permit the tions; steady and ongoing and that this tax operation of off-road vehicles on • constraining overall government burden reduction program for indi- closed courses by youth under the spending growth; viduals and businesses was, and age of 16. The Bill was highly de- continues to be, a necessity in order bated at second reading and numer- • revenue improvements since fall 2006, largely attributable to infor- to give the province, along with its ous petitions were presented in the mation relating to income taxes residents and its businesses, an op- House in opposition to provisions and metallic minerals tax. portunity to become competitive of the Bill. Debate at the second and to stand out, both nationally reading stage has been adjourned. The Finance Minister stated that and internationally. Bill 45, An Act to Amend the Family the tax reductions made over the The Opposition Leader stated Services Act, introduced by Carmel past number of years were not sus- that the present Premier had a Robichaud, Minister of Family and tainable and that there was a need to choice to make and that he did not Community Services, has received bring revenues and spending into choose the road to economic pros- Royal Asssent. The object of the Bill line with one another. The Minister perity and job creation. He did not is to modernize the adoption pro- announced that effective Jan. 1, choose the road that leads to the cre- cess and to allow for open adop- 2007, the province's personal in- ation of new businesses and incen- tions. come tax rates will increase to gen- tives for foreign investment. He did Margaret-Ann Blaney (PC, erate an additional $50 million not choose to help the regions and Rothesay) introduced Bill 60, An annually. For a one-earner family of the middle class. The Opposition Act to Amend the Industrial Relations two with taxable income of $40,000, Leader also stated that the Premier Act, the goal of which is to prevent this represents an increase of $42 in did not keep the promise he made to contractors from a practice known New Brunswick personal income New Brunswickers that he would as “double breasting.” The Bill was taxes for 2007. The government will not raise taxes. referred to the Standing Committee increase the Low-Income Seniors' The $311.9 million 2007-2008 on Law Amendments for consider- Benefit from $100 to $200 on April 1, Capital Budget focused on projects ation. 2007. The provincial general corpo- currently under construction and On February 21, the sitting of the rate income tax (CIT) rate will in- on maintenance: highway and rural House was suspended for the ad- crease to 13 % effective Jan. 1, 2007, road infrastructure investments; dress to the Members of the Legisla- restoring the rate that was in effect new and existing schools; capital tive Assembly by the Governor of for the 2006 taxation year. The pro- improvements and repairs and ren- the State of Maine, John Baldacci.

56 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 On March 20, 2007, following the During the session, Question Pe- began its work in January 2004, tabling by Speaker McGinley of the riod has been dominated by issues holding public hearings across the returns of the by-election held relating to energy, the credit union province. Following the release of March 5, 2007, in the electoral dis- system in the province, and the gov- its interim report on June 30, 2004, trict of Moncton East (vacated by ernment's self-sufficiency agenda. the Commission held additional the resignation of former Premier public hearings, and released its Bernard Lord), Premier Shawn Gra- Diane Taylor Myles final report on October 4, 2004. ham introduced newly-elected Researcher and Journals Clerk In December 2005, the Special Member Chris Collins to the Committee on Prince Edward Is- House. land's Electoral Boundaries was ap- On April 10 and on April 12, the pointed, by motion of the House observed a moment of si- Legislative Assembly, to meet and lence in honour of the Canadian sol- receive opinion on this final report diers from New Brunswick who lost of the Commission. As a result of its their lives in Afghanistan. deliberations, the Committee made Liberal Caucus Chair a number of recommendations to (L, -Silverwood), wel- improve the electoral process, prin- comed former Progressive Conser- Prince Edward Island cipally, that the area and bound- vative Members aries of the existing 27 electoral (Petitcodiac) and Joan MacAlpine- he Fourth Session of the districts of the province be re-dis- Stiles (Moncton West) to the Gov- TSixty-second General Assembly tributed so as to take into account, ernment Caucus on April 17, giving opened on November 16 and ad- as far as practicable, community the Liberal government of Shawn journed to the call of the Speaker on concerns as expressed during the Graham 32 seats and the Progres- December 15, 2006. The Assembly public consultations, and that the sive Conservatives, 23. was recalled on April 3, 2007, and deviation in absolute parity in the On April 26, Mr. Speaker re- dissolved on April 30, 2007. number of electors in each of the 27 quested Margaret-Ann Blaney to electoral districts be limited to plus General Election withdraw certain unparliamentary or minus 15% as compared to the remarks she had directed at the electoral quotient (that is, the total The Sixty-second General Assem- chair. The Member did not with- number of electors in the province bly was dissolved on April 30, 2007, draw the remarks and after two fur- divided by 27), with the exception with a general election called for ther requests by the Speaker, the of the district of Evangeline May 28, 2007. At dissolution the Member was directed to leave the Miscouche where the deviation was party standings in the House were Chamber for the remainder of the permitted to be greater to accom- 23 Progressive Conservative seats, sitting day. The following day the modate the cultural diversity of that and 4 Liberal seats. The previous Speaker noted that Ms. Blaney had area. The Committee also recom- General Election had been held on met with him in his chamber and mended that Elections PEI be September 29, 2003. had withdrawn the remarks. charged with completing descrip- With the dropping of the writ for tions and producing maps of the the May 28th general election, new boundaries of the electoral districts. The Standing Committee on Pri- electoral boundaries for the prov- The Committee's report was vate Bills met twice to consider Bill ince came into effect. The back- adopted by the Legislative Assem- 55, An Act to Authorize an Easement ground to this change is as follows: bly on May 4, 2006, thus rejecting Through Certain Lands in The City of The Electoral Boundaries Act speci- the boundaries as put forward by Saint John for Natural Gas Pipeline fied that, after the September 2003 the Electoral Boundaries Purposes. The Private Bill has gener- provincial general election, an elec- Commission some 18 months ated considerable public interest toral boundaries commission earlier. and the Committee heard from pro- would be asked to make recommen- Elections PEI complied with the ponents and opponents of the Bill. dations as to the area, boundaries directive of the Legislative Assem- The Committee reported progress and names of the 27 electoral dis- bly, attempting to balance consider- and will hold further deliberations tricts in Prince Edward Island. The ations of a community of interest, or on the Bill. Electoral Boundaries Commission community of identity in, or the his-

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 57 torical pattern of an electoral dis- opinion concerning the involve- Prior to debate on the motion trict, with the democratic rights of ment of Minister Murphy with a commencing, the Provincial Trea- the individual elector, as guaran- private company known as Murcon surer apologized to the House for teed in the Canadian Charter of Rights Construction Limited. In his letter, the omission on his member's state- and Freedoms, to produce a report Minister Murphy acknowledged ment filed with the Conflict of Inter- containing legal descriptions, that he is a director and shareholder est Commissioner and then names and maps for the province's in the company and has been since withdrew. The question was re- 27 electoral districts. June of 1986 and that he had not dis- solved in the affirmative. closed his involvement with the This report formed the basis for Significant Legislation Bill No. 49, An Act to Amend the Elec- company as required by the Conflict of Interest Act RSPEI 1988, Cap. toral Boundaries Act, introduced in A number of pieces of significant C-17.1. He explained that he had no the House on June 27, 2006. The Bill legislation received Royal Assent involvement with the company, did proposed to amend all 27 electoral during the Fourth Session of the not believe that it created a conflict district boundaries in accordance Sixty-second General Assembly. of interest, and with all the other with the descriptions and maps pro- Among them: duced by Elections PEI. It contained matters that he deals with as a Min- other measures, as well, including a ister his “paper” involvement with • Police Act (Bill No. 10) requires change to the composition of future the company did not come to mind. the government to appoint a Po- electoral boundaries commissions, During his investigation, the lice Commissioner and Deputy and a requirement that the Legisla- Conflict of Interest Commissioner Police Commissioner, whose du- conducted a number of interviews ties would include conducting in- tive Assembly approve, by resolu- vestigations into complaints tion, reports of future commissions and concluded that, by itself, his in- against police officers. Police un- and that government introduce leg- volvement as a director and share- ions across the province took is- islation to establish new electoral holder never created a conflict of sue with this provision and called districts in accordance with those interest within the meaning of the for the resignation of the Attor- Act. However, Minister Murphy ney General Mildred Dover.In proposals. the main, their concern was that The Bill was amended signifi- was found to have contravened the insufficient consultation had oc- cantly during committee stage on Act in failing to disclose his interest curred prior to the Bill being de- June 27 and June 28, 2006. All 27 in Murcon Construction Limited, bated in the Legislative Assembly. electoral boundary descriptions, as and has been directed to resign as outlined in the Bill, were rejected director and divest himself of all • An Act to Amend the Off-Highway and replaced with yet another set of shares that he holds in the company. Vehicle Act (Bill No. 13) amends the definition of an off-highway 27 electoral district legal descrip- In his report, the Commissioner made the recommendation that the vehicle to exclude miniature mo- tions as proposed by Cletus Dunn, tor vehicles and minibikes. It also Government House Leader (District Legislative Assembly reprimand allows peace officers to seize and 26, Alberton-Miminegash). All Minister Murphy for his contraven- impound off-highway vehicles Members of the Opposition, citing tion in not disclosing his where the operator has commit- directorship and shareholdings. ted an offence under the Act. Fur- conflict of interest, absented them- ther, the Act requires the person selves during deliberations on Bill In response to the Commis- who holds an impounded vehicle No. 49. Despite this, debate on the sioner's recommendation, on April to keep it until the vehicle is regis- Bill was intense. The Bill, as 12, 2007, the following motion was tered, if it is not registered at the amended, passed on June 28, 2006, movedbythePremier,andsec- time it is impounded. Many of onded by the Government House the provisions are based upon the and received Royal Assent that report of the Standing Committee same day. Leader, “Therefore be it resolved on Fisheries, Intergovernmental that the Legislative Assembly of Affairs and Transportation, Conflict of Interest Commissioner Prince Edward Island reprimand Investigates Provincial Treasurer which conducted public consul- the Honourable Provincial Trea- tations on various issues surer as recommended by the Con- surrounding all-terrain vehicle In separate letters dated January 12, use during 2006. flict of Interest Commissioner, Neil 2007, the Premier Pat Binns, and the Robinson, in his report, dated • An Act to Amend the Retail Business Provincial Treasurer, Mitch January 29, 2007.” Holidays Act and the Employment Murphy, requested the Conflict of Standards Act (Bill No. 14) will al- Interest Commissioner provide an low Sunday shopping in the

58 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007 province from the Victoria Day Auditor General Investigates counts Committee request the Au- weekend until Christmas, al- Small Claims Court ditor General of the Province of though shopping on Sunday Prince Edward Island to carry an mornings will continue to be In February 2007, the Standing prohibited. audit out on the small claims court Committee on Public Accounts con- process and report back to this com- • An Act to Amend the Long-term sulted the Auditor General regard- mittee as soon as possible. The Care Subsidization Act (Bill No. 25) ing the feasibility of his office changes a reference within the question was resolved in the affir- Act from “assets” to “income.” conducting an audit of the provin- mative. Persons applying for financial aid cial small claims court process. In to assist with accommodation ex- response, Colin Younker, CA, Au- Change in Regulations penses in a long-term care facility ditor General, indicated that he will now have their liabilities as- would be able to describe the pro- The government announced in late sessed against their income, April it would change provincial rather than compared against cess, comment on how well it is their total assets. working, and what deficiencies regulations requiring beer and pop to be sold in refillable bottles and • might be seen in that process, for ex- An Act to Amend the Public Health will introduce a deposit-return sys- Act (Bill No. 26) provides the ample, such things as how many Chief Health Officer with broad claims were filed, how much is out- tem for non-refillable beverage con- powers to be invoked in the case standing from unpaid claims, and tainers. Current regulations of a provincial health pandemic, the success rate of satisfying claims. requiring beer to be sold in refillable including issuing directives for Following some discussion, a mo- containers came into effect in 1973; the purpose of managing a public and in 1984 the regulations were ex- health threat or issuing orders to tion was moved by Richard Brown owners, occupiers or persons in (District 12, Charlottetown-Roch- panded to include all carbonated, charge of any place or premises to ford Square) that the Public Ac- flavoured beverages. The rapid deliver up possession of the place or premises for the use as a tem- porary assessment, treatment, isolation or quarantine facility. • An Act to Amend the Election Act (Bill No. 38) provides for the ap- pointment of the Chief Electoral Officer and the Deputy Chief On April 26, 2007, with Electoral Officer on the recom- unanimous consent, Pre- mendation of the Standing Com- mier Binns, invited Rick mittee on Legislative Manage- Hansen onto the floor of ment and following a resolution the House to address the of the Legislative Assembly that Members of the Legisla- is supported by at least tive Assembly. The event two-thirds of the members. It followed an announce- also ensures that the Chief Elec- ment that the province is toral Officer may, in emergency investing $200,000 over situations, adjourn or defer a poll the next five years to the Rick Hansen Founda- on ordinary polling day for the tion to help make Prince taking the vote of electors. The Edward Island commu- poll must be completed on one or nities more accessible both of the two days immediately and inclusive for Island- following ordinary polling day. ers with spinal cord in- Perhaps its most significant pro- jury (SCI) and to vision is the fixing of dates of fu- support research for a ture general elections. General cure. (Photo courtesy: elections will be held on the sec- Brian Simpson, Province ond Monday in May in the fourth of Prince Edward Island) calendar year following ordinary polling day in the most recent general election.

SUMMER 2007/CANADIAN PARLIAMENTARY REVIEW 59 growth in the variety of flavoured PEI Energy Savings Bonds Conference Activity non-carbonated, and non-fla- voured carbonated drinks such as As of December 11, 2006, Prince Ed- PrinceEdwardIslandhostedthe juices, water and sports drinks ward Islanders have the opportu- 24th Annual Canadian Presiding which are allowed to be sold in cans nity to invest in a “green” province Officers' Conference in Charlotte- and plastic bottles was said to be the by purchasing PEI Energy Savings town from January 18-21, 2007. reason behind the change. Island- Bonds issued by the Prince Edward Delegates and partners from all ers and visitors alike will be able to Island Energy Corporation. The provinces, territories and the Parlia- purchase beer in cans starting this province will be directing the funds ment of Canada were in attendance. summer; and will see canned pop to the new Eastern Kings Wind Business sessions were interesting on Island grocery store shelves and Farm, a wind energy project consist- and informative and everyone ap- other venues in January 2008. The ing of ten turbines, located just east preciated the social opportunities to regulations will require a 50/50 of- of Souris, Prince Edward Island. It is renew acquaintances and meet new fering of pop in refillable and recy- anticipated that the wind farm will colleagues. clable containers, so those supply 7.5% of PEI's total energy concerned with the environmental needs-enough wind energy to impact of cans and plastic, or power about 12,000 homes and re- Marian Johnston simply preferring to consume their duce greenhouse gas emissions by Clerk Assistant and beverages from glass bottles will be 75,000 tonnes annually. Clerk of Committees accommodated.

60 CANADIAN PARLIAMENTARY REVIEW / SUMMER 2007