Legislative Reports

week, the President of the Finally on September, 28 Assembly tabled the report the President gave a ruling on from the Commission de a request to rise on a point of la représentation électorale privilege notified by the Member du Québec on the electoral for Pointe-aux-Trembles and boundaries. A debate was held on Chief Opposition Whip, Nicole this report on September 27 and Léger. She alleged that the n September 7, 2011, the day 28 as required by the Election Act. Minister of Natural Resources following the resignation and Wildlife had acted in O Rulings and directives from the contempt of Parliament when of , Chair Deputy Premier and Minister of she made comments regarding Natural Resources and Wildlife, Several rulings and directives the dismantlement of the Shell the Premier shuffled his Cabinet. were given by the President, refinery in east-end Montréal, , Member for , since the by knowingly misleading the Bourassa-Sauvé, was appointed resumption of the parliamentary House and ridiculing the House. Deputy Premier, while continuing proceedings. First, at the sitting of The President stated that there to hold the office of Minister of September 20, the President ruled was nothing to suggest at first Education, Recreation and Sports. that the request for an urgent glance that the Minister acted in , Member for Louis- debate made by the Member contempt of Parliament. Indeed, Hébert, was named Minister for Mercier on the facts set forth the presumption according of Economic Development, in the report from the Anti- to which a Member’s word Innovation and Export Trade. He Collusion Unit was not receivable. must always be accepted was also remains Minister responsible The President stated that this not rebutted since the former for the Capitale-Nationale region. request concerned a definite and Minister did not recognize Clément Gignac, Member for important matter involving the having deliberately misled the Marguerite-Bourgeoys, was responsibility of the Assembly. Assembly, nor did she give two named Minister of Natural However, he noted that the contradictory versions of the Resources and Wildlife and subject matter of the request same facts. could be discussed otherwise. Minister responsible for the Parliamentary Relations Northern Plan. , As this was the Assembly’s first Member for Châteauguay, was sitting day of a new sessional The President of the National named Minister of Transport. The period there would be numerous Assembly of Québec and former President of the National opportunities to debate this President of the Assemblée Assembly, Yvon Vallières, matter, particularly during end of parlementaire de la Francophonie Member for Richmond, was sitting debates and interpellations. (APF), M. Chagnon, led the th named Minister responsible for During this same sitting, the proceedings of the 37 Session Canadian Intergovernmental President gave a directive on the of the Assemblée parlementaire Affairs and the Canadian conduct of oral question period de la Francophonie in Kinshasa, Francophonie, and Minister and the allocation of control Democratic Republic of Congo, responsible for the Reform of measures and speaking times to from 6 to 8 July 2011. On Democratic Institutions and take into account the presence of this occasion, the APF heard Access to Information. six new independent Members. Abdou Diouf, Secretary General The Assembly resumed on To facilitate the allocation of of the Francophonie. Tuesday, September 20, 2011, questions among these Members, a The President of the National as provided for in the Standing new mechanism has been put into Assembly welcomed more than Orders. During the very first place: a random draw procedure. 220 participants to the activities

44 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 of the 11th General Assembly of of the new Parliamentary Jacques Duchesneau, head the Parliamentary Confederation Proceedings Directorate; of the Anti-Collusion Unit of of the Americas, in Québec City, Jacques Gagnon, Director of the Ministère des Transports, from September 6 to 9 2011. the Library Research Service; with regard to his report on During this general assembly, and Martin Rochefort, Special the presence of collusion in participants had the opportunity Advisor at the Research Service. the road construction industry to discuss the following themes: that was tabled in the National the reduction of child mortality, Sylvia Ford Assembly on September 22, 2011. the increase in the number of Parliamentary Proceedings Mr. Duchesneau was questioned individuals holding a high Directorate by the Committee members school diploma in the 25 and for over five hours within the over age group, the elimination Parliamentary Committees framework of this order. of the wage gap between men In recent weeks, the Committee Last August 18, the Committee and women, as well as the on Agriculture, Fisheries, Energy on Transportation and the protection of water resources. and Natural Resources has had Environment completed the Upon the conclusion of these recourse to a procedure that is clause-by-clause consideration meetings, a Final Declaration very rarely used. Indeed, within of Bill 89, An Act to amend the was adopted. This will enable the framework of an order to Environment Quality Act in parliamentarians to promote examine the policy directions, order to reinforce compliance. The their work among the national activities and management of La purpose of this bill is to reinforce and regional parliaments, civil Financière agricole du Québec, compliance with the Environment society organizations as well as the Committee had summoned Quality Act, in particular by governments. members of the board of directors introducing administrative The Annual Meeting of to a public hearing on August 22. sanctions and by increasing penal the Network of Women Since they did not come to the sanctions. The text of the bill was Parliamentarians of the Americas hearing, the Committee carried a adopted with 62 amendments. was held on the margins of the motion to subpoena the members General Assembly of the COPA. On September 15, the of the board of directors to Topics for discussion focussed Committee on Planning and appear before it. These hearings on the political participation of the Public Domain concluded were held on September 12 and women in the Americas and the its public hearings within 19, 2011. the framework of a general commitment of women toward a On September 20, 2011 the consultation on the draft bill better future. Committee on Culture and entitled Sustainable Regional and Education elected Martin Lemay, Appointments Local Land Use Planning Act. The Member for Sainte-Marie-Saint- Committee received 73 briefs On September 22, 2011, the Jacques, as its vice-chairman, within the framework of this Office of the National Assembly and the Committee on Health consultation. approved several modifications and Social Services elected made to the Administrative From September 20-22 the Marjolain Dufour, Member Organization Plan of the Committee on Agriculture, for René-Lévesque, as its vice- Assembly. The appointments Fisheries, Energy and Natural chairman. are as follows: Ariane Mignolet, Resources began public hearings Last August, the Committees Director General of the new within the framework of its Secretariat Directorate published General Directorate for Legal general consultation on the its statistical report on the and Parliamentary Affairs; green paper for an agrifood proceedings of the parliamentary René Chrétien, Special Advisor policy entitled Donner le goût du committees for the 2010-2011 to the Secretary General and Québec. The Committee received fiscal year. The report indicates, to the Director General of the an impressive number of briefs among other things, that the General Directorate for Legal – more than 190 – within the parliamentary committees held and Parliamentary Affairs; framework of this consultation. 523 sittings in 2010-2011. This is François Arsenault and On September 27, the a record number of sittings since Dominique Drouin, respectively Committee on Public Director and Assistant Director 1984. The report also mentions Administration heard the enthusiastic response to

CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 45 cyberdemocracy. Indeed, two so was Sir Oliver Mowat in the Robert C. McLeod, MLA on-line consultations were held 1890s. Also, has not had a Inuvik Twin Lakes; J. Michael during the year, for which 6,864 minority government since 1985, Miltenberger, MLA Thebacha; on-line questionnaires were which resulted in a Liberal-New and David Ramsay, MLA Kam filled. Of this number, it should Democratic Party accord. Lake were elected to serve on however be noted that 6,779 Out of 107 seats in the Cabinet. concerned the Select Committee Legislative Assembly, The First Session of the 17th on Dying with Dignity. Mr. McGuinty won 53 seats while Legislative Assembly of the Furthermore, a marked increase the Progressive Conservatives Northwest Territories opened in on-line comments has been of Tim Hudak took 37 seats and on October 27, 2011, and the noted: a total of 1,026 on-line the of Members of Cabinet were sworn comments concerning several took 17 seats. in the same day. The inaugural committee orders were received. There will be 30 first-time MPPs session was adjourned on For more information on taking their seats in the House. October 28, 2011 and will resume the parliamentary committees, on December 7, 2011. please visit the Internet site of Valerie Quioc Lim The House sitting calendar the Québec National Assembly at Committee Clerk for the 2011-2012 fiscal year has www.assnat.qc.ca. been adjusted due to the general election and transition activities Valérie Roy that followed. Normally the Parliamentary Proceedings Assembly considers the capital Directorate budget during a four-week fall (October) sitting; the operations budget during a six-week spring Northwest Territories (February-March) sitting; and various other matters during a general election was held two-week summer (May-June) Aon October 3, 2011. All sitting. This year the Assembly but one of the incumbents who will consider the capital budget were seeking re-election were during a two-week December Ontario returned to office. There was sitting, the interim operations one resignation during the 16th budget during a four-week Assembly, which occurred within February sitting, and the full-year t was a relatively quiet summer six months of the general election, operations budget during a four Iat Queen’s Park. The Legislature and three Members announced week May-June sitting. was prorogued on June 1, 2011 they were not seeking re-election, and the fixed election date of which resulted in five new Jennifer Knowlan October 6 was on the horizon. On Members (out of 19) in the 17th Principal Clerk September 7, Lieutenant Governor Legislative Assembly. Standing and Special Committees David C. Onley dissolved the 39th The 19 Members were sworn Parliament and issued the writs for in on October 17, 2011; the the 40th provincial general election. Territorial Leadership Committee, The election produced during which the 19 Members history-making results, giving choose their Speaker, Premier, Dalton McGuinty a third term and Cabinet Members, took as Premier and changing the place on October 26, 2011. Jackie composition of the House from Jacobson, MLA Nunakput, was a Liberal majority to a Liberal elected Speaker; Bob McLeod, Newfoundland and minority. The last Premier to win MLA Yellowknife South, was Labrador at least three consecutive terms elected Premier; and Glen was Progressive Conservative Abernethy, MLA Great Slave; General Election was held leader Bill Davis in 1977 and Tom Beaulieu, MLA Tu Nedhe; Aon October 11th, the date the last Liberal Premier to do Jackson Lafferty, MLA Monfwi; fixed by statute for the vote. The

46 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 Progressive Conservatives, led by Parliamentary Secretary to Responsible for the Rural Premier were the Minister of Health and Secretariat, and the Research & elected with 37 seats, the Liberals Community Services and Vaughn Development Corporation remained the Official Opposition Granter, Member for Humber • with 6 seats, an increase of two West was appointed Parliamentary Justice and Attorney General Members and the New Democrats Assistant to the Premier. • Kevin O’Brien won five seats, increasing their Municipal Affairs and Minister The sixteen-member Cabinet Responsible for Fire and number by four Members. A was appointed on October 28th. Emergency Services judicial recount is to be carried The following are the names and Newfoundland and Labrador, out for the District of Burin - portfolios of the new Ministers: and Registrar General Placentia West where there was • Jerome Kennedy • Joan Burke Natural Resources, Minister a 40-vote difference between the Advanced Education and Skills Responsible for the Forestry Progressive Conservative and the and Minister Responsible for and Agrifoods Agency and New Democratic candidates. the Status of Persons with Government House Leader The House now has six Disabilities and for Youth Members who are sons of former Engagement • Paul Davis Service Newfoundland • Members: Eli Cross, the Member and Labrador and Minister Child, Youth and Family for Bonavista North, whose Responsible for the Services and Minister Government Purchasing father, George, represented that Responsible for the Status of Agency, Office of the Chief District from 1975 to 1979 and Women 1982 to 1985; Andrew Parsons, Information Officer, and the • Workplace Health, Safety and the Member for Burgeo – LaPoile, Education Compensation Commission son of Kelvin, who represented • • the District from 1999 to 2011; Environment and Conservation Tourism, Culture and Kevin Parsons, Member for Cape and Minister Responsible Recreation for the Labour Relations St. Francis, whose father, also • Agency, the Multi Materials named Kevin, represented St. Transportation and Works and Stewardship Board and Office Minister Responsible for the John’s East Extern from 1986 to of Climate Change, Energy Newfoundland and Labrador 1993; Terry French, the Member Efficiency and Emissions Housing Corporation for Conception Bay South, whose Trading father, Bob, represented the • Thomas Marshall Of the sixteen, three Ministers District from 1996 to 2002; Jim Finance, President of are new to Cabinet: Mr. Davis, Bennett, the Member for St. Barbe, Treasury Board and Minister Mr. Hutchings and Mr. McGrath. whose father, Trevor, represented Responsible for the Public Service Secretariat, the Public The House adjourned the same District from 1979 to 1982 Service Commission and the following the election of the and Tom Osborne, Member for Newfoundland and Labrador Speaker and will reconvene St. John’s South, whose mother, Liquor Corporation on March 5th, pursuant to Sheila, represented St. John’s West • the Lieutenant Governor’s from 1999 to 2011. Fisheries and Aquaculture and proclamation summoning the Deputy Government House The Members-elect were sworn Leader Members to assemble for the by David Orsborn, Chief Justice formal opening of the First Session • Susan Sullivan of the Supreme Court, Trial Health and Community of the Forty-Seventh General Division, and was Services and Minister Assembly when he will deliver the elected Speaker on October 27th. Responsible for Aging and Speech from the Throne. Seniors, and Francophone Wade Verge, the Member Affairs Appointments for Lewisporte was elected • Nick McGrath Deputy Speaker and Chair of The Chief Electoral Officer and Intergovernmental and Commissioner for Legislative Committees;, the Aboriginal Affairs and Minister Member for Mt. Pearl North, Responsible for Labrador Standards, Paul Reynolds, died th was elected Deputy Chair of Affairs, and the Voluntary and on April 24 after a short battle Committees. Non-Profit Sector with cancer. Mr. Reynolds had • held the office since June 2007. Sandy Collins, the Member Innovation, Business and Rural Victor Powers was appointed by for Terra Nova, was appointed Development and Minister unanimous resolution of the House

CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 47 to succeed the late Mr. Reynolds. • – Only four of ten Members ( Party) Elizabeth Gallagher, retired seeking re-election – Mr. Cathers, on August 31 having served as • – Mr. Elias, Ms. Hanson and Doug Graham (Yukon Ms. Taylor – were returned for Sergeant-at-Arms of the House Party) of Assembly for 14 years. Ms. another term. • – leader Arthur Mitchell was Gallagher’s successor has not yet () been appointed. defeated as were three cabinet • – ministers – , Marian (Yukon Party) Elizabeth Murphy Horne and . Ms. • – Jan Stick Clerk Assistant/Clerk of Committees Horne, who represented Pelly- (NDP) Nisutlin in the 32nd Legislative • Takhini-Kopper King – Assembly, sought election in (NDP) Centre after losing • Vuntut Gwitchin – the Yukon Party nomination (Liberal) in her former electoral district. • Watson Lake – Patti McLeod Liberals and Don (Yukon Party) Inverarity were also defeated. • – (NDP) The 15 new members represent Yukon the largest influx of new MLAs in • – Elaine Taylor (Yukon Party) Yukon’s history. However, three ukoners elected their 33rd of those members – Mr. Graham On October 15th a judicial (1978-1982), Mr. Kent (2000-2002), YLegislative Assembly on recount was conducted regarding October 11, 2011. Yukon Party and Ms. Moorcroft (1992-2000) – had the results in the electoral district previously served in the Assembly. candidates won a majority of the of Copperbelt South. The recount Assembly’s seats, taking 11 of 19. confirmed that Ms. Moorcroft had Sixty-two candidates stood New Democratic Party candidates defeated Yukon Party candidate for election, including 17 women won six seats with Liberal Party Valerie Boxall by three votes. – the same number as in 2006. candidates claiming the other two. In contrast to the 2006 results, This result marked the first time A record number of voters – however, six women were elected. since the adoption of party politics 20, 730 – were enumerated for Only two were elected in the in 1978 that a party had won a third the election. Voter turn out in previous general election. The 33rd consecutive term as the government. the electoral districts ranged Yukon Legislative Assembly will, The successful candidates, by from a low of 63.6 percent in therefore, feature more women electoral district, were: Porter Creek North to a high of than any previous Assembly, 100 percent in Vuntut Gwitchin. • – the previous high being the Overall voter turn out was 76.3 (Yukon Party) five women elected to the 30th percent (15,803 votes cast). This • Copperbelt South – Legislative Assembly (2000-2002). marked a return to historic levels Lois Moorcroft (NDP) of voting. Since the 1980s voter Cabinet Appointments • Klondike – turnout has been in the 77 to 79 (Liberal) On November 5, 2011 eight percent range. The only exception • – Yukon Party MLAs were sworn was the 2006 general election (Yukon Party) into the Executive Council by when voter turnout dropped to • Lake Laberge - Commissioner Doug Phillips. 72.5 percent. (Yukon Party) The cabinet ministers and their • Mayo-Tatchun – The Yukon Party polled 40.5 responsibilities are: (NDP) percent of votes cast. The NDP • Mr. Pasloski – Premier, • Mountainview – received 32.6 percent of votes Minister responsible for the (Yukon cast while the Liberals received Executive Council Office and Party) 25.6 percent. The remaining Minister of Finance. • Mount Lorne-Southern Lakes – votes were cast for either the two • Ms. Taylor – Deputy Premier, Kevin Barr (NDP) Green Party candidates, two First Minister of Community Services, Minister of the • Pelly-Nisutlin – Nations Party candidates or two Public Service Commission, (Yukon Party) independent candidates. Minister responsible for the

48 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 Women’s Directorate and who is 94 years old, was on hand two leadership contests were Minister responsible for the for the dedication of the Media held in the fall of 2011. Six French Language Services Gallery, as was Dr. Sheila Rose, candidates ran for the leadership Directorate. whom the Whitehorse Star credited of the Progressive Conservative • Mr. Cathers – Government as being “a catalyst in pushing for Party, including four sitting House Leader, Minister of Energy, Mines and Resources the naming of the gallery.” MLAs, ; Doug and Minister responsible Speaker Staffen then unveiled Horner; Dr. ; and for the Yukon Development the other innovation, the . The other two Corporation and the Yukon candidates were , Energy Corporation. installation in the Chamber of two First Nations gates. The gates, a former Cabinet Minister in • Mr. Graham – Minister of situated on either side of the the Government of Premier Health and Social Services and and more recently Minister responsible for the Public Gallery, and separating the Workers’ Compensation Health Public Gallery from the floor of ’s Official Representative and Safety Board. the House, each feature a carved, in Washington, DC, and Rick • Mr. Kent – Minister of double-sided panel, created by Orman, also a former Cabinet Education, Minister responsible young Yukon sculptors from the Minister in the Progressive for the Yukon Housing Northern Cultural Expressions Conservative Government of Corporation and Minister Society. The carvings on one Premier . responsible for the Yukon The first ballot in the election Liquor Corporation. gate, by artist Calvin Morberg, represent the Wolf Clan. The other of the new leader of the Alberta • Mr. Dixon – Minister of Progressive Conservative Party Economic Development and gate represents the Crow Clan, and Minister of Environment. was carved by artist Jared Kane. took place on September 17, 2011. None of the six candidates • Mr. Istchenko – Minister The sculpted wooden panels are of Highways and Public surrounded by ironwork created was able to achieve an absolute Works. by Mike Morrow. Speaker Staffen majority in the first ballot • Mr. Nixon – Minister of Justice had been the force behind this election as required in the and Minister of Tourism and initiative, as he wished to see the system of voting used by the Culture. installation of permanent artwork Party to determine a new leader. At 26 years old, Mr. Dixon is in the Chamber reflecting the Mr. Mar led after the first ballot, believed to be Yukon’s youngest- cultural heritage of Yukon’s First with 40.76 per cent of the vote, ever cabinet minister. Nations. followed by Ms Redford, at 18.75 per cent of the vote, and Florence Whyard Media Gallery Floyd McCormick Mr. Horner, at 14.55 per cent & Yukon First Nations Gates Clerk of the vote. The next step in On October 6th, Speaker determining a winner in the Linda Kolody hosted a public leadership contest was to drop Deputy Clerk ceremony in the Chamber to the bottom three leadership officially unveil two new features. contestants and hold a second First, the Speaker announced ballot vote for the remaining the naming of the media gallery three candidates. On October in honour of Florence “Flo” 1, 2011, in the initial vote of the Whyard, a Yukoner whose career second ballot, Mr. Mar received included roles as a territorial 42.51 per cent of the first-place politician and Administrator, votes cast, again not sufficient to gain an absolute majority and municipal politician, and Alberta journalist. In 1974, Mrs. Whyard therefore achieve victory, while was elected as a member of what Ms. Redford and Mr. Horner was then known as the Territorial ubsequent to the January and gained 37.09 and 20.40 per cent of Council of Yukon, representing SFebruary 2011 resignation the first-place votes respectively. the riding of Whitehorse West. announcements of Dr. David Mr. Horner, the third place Mrs. Whyard also served as a Swann, Leader of the Official candidate, was then dropped Minister from 1975 to 1978. Mrs. Opposition, and Premier Ed off the ballot. A run-off election Whyard also received the Order Stelmach, Leader of the Alberta between Mr. Mar and Ms. of Canada in 1983. Mrs. Whyard, Progressive Conservative Party, Redford was held in which the

CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 49 second-choice preferences of the of Employment and Immigration) Griffiths, Minister of Municipal dropped candidate (Mr. Horner) into Intergovernmental, Affairs; andManmeet Bhullar, were counted and added to the International and Aboriginal Minister of Service Alberta. In remaining contestants’ first-place Relations; the consolidation addition, George VanderBurg, a votes to determine a winner. into the Ministry of Municipal former Minster, becomes Minister Ms. Redford won with a count of Affairs of the Ministry of Housing of Seniors. 37,562 votes to 35,531 for Mr. Mar and Urban Affairs (except for Fall 2011 Sitting and was thereby elected leader Homelessness, which falls under of the Progressive Conservative the Ministry of Human Services); On October 24, 2011, the Party. She was subsequently the incorporation of Enterprise Assembly resumed sitting for the sworn-in on October 7, 2011, as from the former Ministry of fall sitting of the Fourth Session Alberta’s 14th Premier. Finance and Enterprise into of the 27th Legislature. That the new Treasury Board and Five candidates ran for afternoon, pursuant to a motion Enterprise; and the renaming of the leadership of the Alberta moved by the Government the Ministry of Environment to Liberal Party, including three House Leader, the Assembly the Ministry of Environment and sitting MLAs,; adjourned its regular business for Water. Hugh MacDonald; and Dr. an emergency debate on a matter . The other two Members returning to Cabinet of urgent public importance – candidates were Bill Harvey, a with new portfolios include: Alberta’s future during the former Alberta Liberal candidate , Deputy Premier global economic recession. for the electoral district of and the President of Treasury The Government House -East, and Bruce Payne. Board and Enterprise; David Leader requested and received The opened Hancock, Minister of Human unanimous consent to implement their leadership contest to all Services; Dr. Ted Morton, certain rules for the debate Albertans, not requiring them to Minister of Energy; Ron agreed to by the Assembly’s purchase a party membership Liepert, Minister of Finance; House Leaders, including that to be eligible to vote in the , Minister the Government and Official leadership election. The Alberta of Education; , Opposition were allotted one Liberal Party’s leadership Solicitor General and Minister of hour each to speak on the matter, election took place on Saturday, Public Security; Frank Oberle, while the remaining caucuses September 10, 2011, and Minister of Sustainable Resource were each given half an hour. resulted in a majority victory for Development; , On the following day, Dr. Sherman. Dr. Sherman, who Minister of Transportation; Jack October 25, 2011, the Assembly was an Independent Member at Hayden, Minister of Tourism, adopted a motion to amend the time of the leadership contest, Parks and Recreation; and Standing Order 52.01(1), officially joined the Liberal , Minister of which changed the names and caucus and became the Leader of Culture and Community Services. mandates of the five Policy Field the Official Opposition. Two Ministers maintained Committees of the Assembly. The new Policy Field Committees Cabinet Re-Organization their previous portfolios, , Minister of Justice and are: the Standing Committee Shortly after being sworn-in as Attorney General, andGreg on Community Development, Premier, on October 12, 2011, Weadick, Minister of Advanced the Standing Committee Premier Redford announced her Education and Technology. on Education, the Standing new Cabinet, which involved Committee on Energy, the First-time Cabinet Ministers are: changing a number of portfolios Standing Committee on Finance, , Minister of Health and reducing the number of and the Standing Committee on and Wellness; Diana McQueen, ministries from 24 to 20. Notable Public Health and Safety. Under Minister of Environment and changes include the creation of Government Motion 22, which Water; , Minister of the Ministry of Human Services; the Assembly adopted that same International, Intergovernmental the consolidation of International day, the memberships for these and Aboriginal Relations; Evan and Intergovernmental Relations, new Policy Field Committees Berger, Minister of Agriculture and Aboriginal Relations, and were established. Rural Development; Jeff Johnson, Immigration (from the Ministry Minister of Infrastructure; Doug Pursuant to Government

50 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 Motion 19, the Assembly Internet. In addition to taking Bullying and Other Harm) – resolved to stand adjourned questions from members of the which states that a school at the conclusion of business live audience, for the first time employee, or a person in charge of pupils during school- on October 25, 2011, until in the history of the Assembly’s approved activities, must make November 21, 2011. Committees, a live online chat a report to the principal if they was also used during the meeting think a pupil has engaged in Committee Activity to take questions from interested bullying or other unacceptable conduct. On October 25, 2011, the individuals. The meeting Assembly concurred in a report commenced with a presentation • Bill 32 – The Essential Services on the Alberta Heritage Savings (Health Care) and Related prepared by the Select Special Amendments Act – which Ombudsman Search Committee, Trust Fund by the Committee and establishes a new scheme to which was struck on December 1, members of Alberta Investment ensure that essential health 2010. The search committee Management Corporation services are provided in the recommended that Peter (AIMCo), the investment company event of a strike or lockout in the health care sector. Hourihan be appointed Alberta’s that is responsible for investing new Ombudsman. the money from Alberta’s Heritage • Bill 41 – The Liquor Control Savings Trust Fund. Amendment Act – which The Select Special Information establishes brew pubs in and Privacy Commissioner The online chat added which may produce Search Committee, struck on to the already-considerable beer on site to be served to organizational and logistical customers and sold to the May 11, 2011, met numerous general public. It also permits times during the Assembly’s challenges of holding the the commission to establish period of adjournment. The Committee’s annual public and operate boutique liquor Committee is expected to meeting given new testing and stores in grocery stores and make its recommendation for technical requirements and the other locations. As well, need for staff to monitor the on- operators of dining rooms may appointment to the Assembly allow customers to bring their when the Assembly resumes line chat to ensure that questions own commercially-produced sitting in November. and comments were transmitted wine to drink with a meal in the dining room. The Standing Committee to the Committee during the live on Legislative Offices, which broadcast. • Bill 46 – The Save Lake Winnipeg Act – which amends several on April 20, 2011, was deemed Philip Massolin Acts to reduce the excessive to be the special committee of Committee Research Coordinator amounts of phosphorus and the Assembly for the purpose Legislative Assembly Office other nutrients coming into of reviewing the Lobbyists Lake Winnipeg that affect the Act, is concluding its review Carina Ludgate ecological health of the lake. of the Act. Over the summer, Administrative Assistant • Bill 205 – The Regional Health requests for submissions to the Authorities Amendment Act (Mammography Accreditation) – Committee were advertised and which requires every regional 18 submissions were received. On health authority to use October 13, 2011, the Committee mammography units that are heard presentations during a currently accredited. public meeting held in , • Bill 300 – The Winnipeg Alberta. The Committee is Foundation Amendment Act – expected to report to the which increases the maximum number of directors to 17 Assembly in the coming weeks. Manitoba Manitoba residents. The Standing Committee on the Alberta Heritage Savings he 39th Legislature wrapped Committee Activity Trust Fund held its annual Tup its 5th session on June 16, On June 30, 2011 the Standing public meeting in Edmonton 2011. A total of 59 Government Committee on Legislative Affairs on October 20, 2011. To make and Private Members’ bills met to consider Annual Reports the meeting more accessible to received Royal Assent during this of the Children’s Advocate for all Albertans, the Committee session, including the following: the fiscal years ending March 31, proceedings were broadcast • Bill 28 – The Public Schools 2009 and 2010. Appearing before Amendment Act (Reporting live on television and over the the committee to respond to

CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 51 MLAs’ questions were Darlene First Session of the 40th rates to prime and amending MacDonald, Children’s Advocate Legislature student aid rules; and Bonnie Kocsis, Deputy • Building Bipole III down the The 1st session of the 40th Children’s Advocate. This west side of Lake Manitoba; Legislature began soon after marked the first occasion when • Working with local the election on Thursday, an annual report of the Children’s governments and the October 20, 2011. The first item Advocate was considered by a agriculture industry to protect of business was the election of water quality. Manitoba Standing Committee. a new Speaker by secret ballot. Official Opposition Leader General Election After the first round of ballots, McFadyen’s non-confidence Daryl Reid (NDP – Transcona), a During the summer months amendment to the Address veteran Member with 21 years of in Reply motion included members seeking re-election service, was elected as Speaker. utilized their time to prepare their a number of observations He becomes Manitoba’s second and commentaries on the campaigns for Manitoba’s first Speaker elected by secret ballot. ever set date general election on government’s plans, including: October 4, 2011. On September 6, Later that same day, the • Failing to lay out an economic 2011, the Writs were dropped NDP government presented its strategy for the Province of 14th Speech from the Throne. Manitoba or to eliminate marking the official start of the wasteful spending; campaign. Manitobans voted Delivered by Lieutenant- • Failing to mention what steps in the province’s 40th general Governor Phillip Lee, the address identified a range of the Provincial Government will election on Tuesday, October 4, take to shed Manitoba’s title 2011. Recent changes to the government commitments and as the violent crime capital of Electoral Division Boundaries proposals, including: Canada; took effect for this election, where • Providing Manitobans the • Failing to acknowledge the some constituency names and fastest access in Canada to ongoing socioeconomic boundaries were changed to world-class cancer screening, hardship and disruption testing and treatment; caused by the 2011 flood and ensure effective representation failing to commit to undertake of the population. Once the • Hiring 2,000 new nurses and nurse practitioners, 200 more a comprehensive independent polls closed and the ballots were doctors and 50 more physician review of provincial actions counted the NDP won 37 seats assistants; and resources in the 2011 in the Legislature and a fourth flood, as well as a review of • Creating more opportunities provincial flood compensation majority government. The for companies to hire to ensure all Manitobans are Progressive Conservatives won 19 apprentices and expanding being fairly compensated; seats to retain official opposition access to skilled-trades training in rural Manitoba; • That the Throne Speech status, and the Manitoba Liberals reinforces the Provincial won one seat. Two constituencies • Launching the Journeyperson Government’s ongoing underwent automatic recounts Business Start program to help indifference to the needs of rural and northern Manitobans resulting in Dave Gaudreau (NDP Manitoba’s farm families and start their own businesses; rural communities whose – St. Norbert) and • Hiring 100 additional police economic well being is so (NDP – Kirkfield Park) being officers and 50 cadets to serve important to the health of the declared as elected members on throughout Manitoba including provincial economy; November 1 and 3 respectively. 50 officers on Winnipeg streets; • Failing to outline a plan to On election night (after • Working with the federal reverse the inter-provincial loss of more than 1,800 doctors winning his seat) the Leader of government to strengthen the Criminal Code by making gang over the last decade, meaning the Progressive Conservative recruitment an explicit crime thousands of Manitobans Party, Hugh McFadyen (PC – and cracking down on knife will remain without a family Fort Whyte), indicated that he crimes, arson, home invasions doctor; would be stepping down as and carjackings; • Failing to provide a plan for the party leader, noting that he • Helping more Manitobans improving access to Manitoba’s would continue in that role until renovate their homes to make post-secondary institutions, nor them more energy efficient; did it lay out a plan to tackle a new leader is chosen. truancy or improve grade • Investing in universities, freeze school students’ test scores tuition to the rate of inflation, which has dropped to among reducing student loan interest the lowest in Canada.

52 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 Following the defeat of 2011. Speaker of Bill C-10, on September 27 Mr. McFadyen’s amendment on informed the House that a and 28, NDP Members October 31, 2010 by a vote of yeas vacancy had occurred in the David Christopherson, 18, nays 33; on November 1 the riding of Toronto—Danforth, Joe Comartin, Paul Dewar and main motion carried on a vote of by reason of the passing of Jasbir Sandhu sought unanimous yeas 32, nays 20. No legislation was , former Leader of the consent to move motions to considered during this fall sitting. New Democratic Party (NDP) and divide the Bill according to Cabinet vacancies created by Leader of the Official Opposition. certain themes, each section to be the retirement of two cabinet (Mr. Layton had stepped down debated and voted on separately. ministers have been filled by from these roles on July 25, 2011, Consent was denied in each case. existing ministers. In addition to citing health reasons). During Routine Proceedings holding their current portfolios, (Leader of on October 26, 2011, Jack Harris Stan Struthers was appointed the Opposition), Prime Minister moved a motion of instruction as Minister of Finance while , and Acting to empower the Standing was appointed Liberal Leader rose to Committee on Justice and Human as Minister of Conservation. To speak in honour of Mr. Layton. Rights to divide Bill C-10. Debate date, there have been no other Though not members of officially on the motion was superseded new appointments to cabinet. recognized parties within the by the adoption of a motion for House, Louis Plamondon the House to proceed to Orders In late October and early and Elizabeth May also November, Orientation sessions of the Day and was subsequently offered tributes. Olivia Chow, dropped from the Order Paper. for the new MLAs took place Mr. Layton’s widow, expressed at the Assembly. The 14 new her gratitude for support she Questions of Privilege and Members attended a series of had received in this difficult Points of Order briefing sessions with the Table time. Following the Speaker’s Officers, Legislative Assembly Wayne Easter raised a question concluding remarks, the House of privilege on September 19, Administration, a Media panel, a observed a moment of silence. panel of former MLAs, as well as 2011, arising from a notice of the Independent Officers of the Legislation proposed procurement on the Assembly. MERX Web site for a contract Reasoned amendments – among for conducting an audit related Under the terms of a Sessional the few types of amendment that to the possible financial impact Order adopted on October 20, may be moved to the motion of the repeal of the Canadian 2011, the first session of the for second reading of a bill – Wheat Board (CWB) Act and 40th Legislature adjourned on were moved to the motions for the dissolution of the CWB. November 1st and will resume at second reading of the following He argued that it constituted the call of the Speaker. four bills: Bill C-10, Justice for contempt of Parliament as it Victims of Terrorism Act; Bill C-11, presumed the repeal of the CWB Monique Grenier Copyright Modernization Act; Bill Act while no such Act had yet Clerk Assistant/ C-18, Marketing Freedom for Grain Clerk of Committees been introduced or passed. On Farmers Act; and Bill C-19, Ending September 28, the Speaker ruled the Long-gun Registry Act. Each of that the scenario described in the these was negatived. notice of proposed procurement The House adopted motions to was hypothetical and did not allocate time at the second reading presuppose a judgment of stage of several bills: Bill C-10 the House. He consequently (two further sitting days); Bill-13, concluded that the matter did not House of Commons Keeping Canada’s Economy and Jobs constitute contempt of the House Growing Act (three further sitting and therefore that there was no days); Bill C-18 (two further sitting prima facie case of privilege. he First Session of the Forty- days); and Bill C-19 (three further Following the introduction TFirst Parliament, which days). opened on June 2, 2011, and of Bill C-18 on October 18, adjourned for the summer on June During debate on the Mr. Easter raised another 23, resumed on September 19, motion for second reading question of privilege, arguing

CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 53 that the Bill exceeded the On October 7, 2011, by Procedure and House Affairs authority of the Government on unanimous consent, the House presented a report establishing the basis that the consultation extended until the end of 2011 the memberships for the with grain producers, as required provisions for 30-minute bells, legislative committees on Bills by current legislation as a instead of the usual 15-minute bells, C-11 and C-18. Pursuant to the precursor to the introduction of for votes on Tuesdays, Wednesdays rules of the House, the report was new legislation, had not taken and Thursdays in order to allow deemed concurred in. place. On October 24, 2011, the Members more travel time from Speaker ruled that pronouncing some of the new off-site committee Other Matters on the legal aspect of legislation facilities to the Chamber. On Thursday, September 22, 2011 was not within his purview, Prime Minister David Cameron Private Members’ Business and that he did not find that the of the United Kingdom delivered introduction of Bill C-18 had On October 20, the House took a joint address to Parliament. As undermined Members’ ability up Private Member’s Business for is usual practice, the address and to do their work. Consequently the first time in the Forty-First introductory and related remarks he did not find that a prima facie Parliament. On the previous day, were printed as an appendix to question of privilege existed. following what has become the the Debates for that day. On October 26, 2011, usual practice, the Speaker made The New Democratic raised a point a statement about the procedures Party will hold a leadership of order objecting to the fact governing Private Members’ convention to select its next that, during Question Period, a Business. leader on March 24, 2012. Minister had replied to a question On October 28, the Chair of the Under their rules, candidates posed to the Chair of the Standing Standing Committee on Procedure for the leadership must resign, Committee on Veterans Affairs. and House Affairs presented a where applicable, from certain In his ruling of November 2, 2011, report to the House concurring parliamentary roles, including the Speaker noted that Members in the report of the Subcommittee critic posts, the caucus executive, asking questions expect, at a on Private Members’ Business and roles as chairs or vice-chairs minimum, a response and, in this advising that Bill C-292, An of committees. As a result, instance, neither the Committee Act to amend the Corrections and several changes have occurred, Chair nor Vice-Chair rose to Conditional Release Act (victims’ including: Mr. Comartin replaced respond. He also stated that, in restitution and monetary awards for Thomas Mulcair as Opposition recognising Members, it was offenders), should be designated House Leader; Mr. Comartin’s not for the Chair to judge who non-votable. Pursuant to the role as Deputy House Leader possessed what information. Standing Orders, the sponsor of and Mr. Dewar’s role as foreign the Bill, Guy Lauzon gave notice affairs critic were both filled Procedure of his intention to substitute by Hélène Laverdière and On September 30, 2011, the another item. Nathan Cullen was succeeded as Speaker tabled a House of Chair of the Standing Committee Commons calendar for the year Committees on Access to Information, Privacy 2012, pursuant to Standing On September 29, the Standing and Ethics by . Order 28(2)(b). On October 5, Committee on Finance adopted Two take-note debates have Government House Leader a motion of Randy Hoback taken place since the return of Peter Van Loan, tabled a revised calling for the Parliamentary Parliament in September: one calendar, and, by unanimous Budget Office to automatically on Tuesday, October 18, 2011, consent, it was adopted. provide the Committee, within regarding the “ongoing erosion Following a number of recent 45 calendar days of a Private of democracy in Ukraine” ; and instances of Members recognizing Members’ Business item’s another on Thursday, October 27, individuals or groups in the appearance on the Order of 2011, regarding“ ongoing galleries, the Speaker reminded Precedence, a detailed and violence and vicious attacks Members on September 30, 2011 comprehensive costing analysis against Coptic Christians in that the recognition of visitors in of all such items. Egypt and their institutions”. the galleries is a prerogative of On October 26, 2011, the Members from parties with the Chair. Standing Committee on fewer than twelve members in

54 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 the House are designated as the Legislative Assembly for the New Cabinet independents. There are currently ninth time. He was first elected in On October 18, 2011 H. Frank five independents in the House a by-election in December 1985. Lewis, Lieutenant Governor of Commons, four from the Voter turnout at nearly 77%, of Prince Edward Island Bloc Québécois and one from was significantly lower than in swore in Mr. Ghiz as Premier the Green Party. During this previous years, with an estimated of the Province, President First Session, certain practices 7,000 fewer voters casting ballots of the Executive Council, normally associated with party as compared with the 2007 general Minister Responsible for status have been granted to election. The Liberals received Intergovernmental Affairs and the independents, such as 51.4% popular vote; and the Minister Responsible for Acadian identification en bloc of a party’s Progressive Conservatives, 40.2%. and Francophone Affairs. The collective voting intentions for The Green Party captured 4.4%, an other members of Cabinet are: the application of votes. increase from its showing in the 2007 general election. The New • George T. Webster, Richard Bernier Minister of Agriculture and Democrats also increased their Deputy Premier Procedural Clerk percentage from 2007, taking 3.2% Table Research Branch • Ron W. MacKinley, of the popular vote. The newly Minister of Fisheries, formed Island Party received Aquaculture and Rural nearly a full percentage point. Development Several seats were won by slim • Doug W. Currie, margins, but no race was closer Minister of Health and Wellness and Minister than the one in the electoral district Responsible for Aboriginal of Belfast-Murray River where only Affairs eight votes separated the Liberal • Wes J. Sheridan, and Progressive Conservative Minister of Finance and Prince Edward Island candidates. A petition for judicial Municipal Affairs recount and the affidavit of the • Valerie E. Docherty, petitioner was filed with the Chief Minister of Community he Sixty-third General Judge of the Provincial Court, John Services, Seniors and Labour Assembly was dissolved Douglas, on October 13, 2011, and Minister Responsible for T the Status of Women on September 6, 2011. The requesting a recount of all the provincial general election, ballots cast in that district. • Janice A. Sherry, held on October 3, 2011, was Minister of Environment, The recount did not result Energy and Forestry the first fixed date election for in any change: Charles Prince Edward Island. By statute, • Robert S. Vessey, McGeoghegan, the Liberal Minister of Transportation and general elections are now held candidate, was declared elected Infrastructure Renewal on the first Monday of October with 1,135 votes; Darlene • Robert L. Henderson, every four years. At dissolution, Compton of the Progressive Minister of Tourism and the Liberal Party held 24 seats; Conservatives received 1,127 votes. Culture the Progressive Conservatives, • J. Alan McIsaac, two seats; with one seat vacant. First Session of the Sixty-Fourth Minister of Education and The Liberal Party, under the General Assembly Early Childhood Development leadership of Robert Ghiz, was and Minister of Justice and re-elected to a second majority The First Session of the Sixty- Public Safety and Attorney General government with 22 seats. The fourth General Assembly opened Progressive Conservatives, led by on November 1, 2011. Carolyn • Allen F. Roach, Bertram was elected Speaker by Minister of Innovation and Olive Crane, retained their status Advanced Learning as Official Opposition, winning acclamation. After six sitting days five seats. Three other parties the session adjourned to the call Legislative Page Reunion of the Speaker. The Members are fielding candidates–the New For more than forty years, high Democrats, the Green Party and expected to return to the House during the first week of April 2012. school students from across the Island Party–did not win a Prince Edward Island have seat. Ron MacKinley, the “Dean participated in the legislative of the House,” was returned to

CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 55 page program at the province’s another and to reminisce about Legislative Assembly. A reunion their experiences. of former legislative pages was held at Province House on August Celebrate 160 Continues 18, 2011, as part of the ongoing The public was invited to hear celebrations to mark the 160th Dr. Godfrey Baldacchino anniversary of the achievement speaking on “Governing of Responsible Government in ‘The Island’: An International British Columbia Prince Edward Island. Perspective” at Province Prince Edward Island’s House on September 30, 2011. n the morning of October first legislative pages were Dr. Baldacchino’s talk waspart 3, 2011, the third session appointed in 1964 and included of a series of events taking place O prorogued, and that afternoon the William Richard, Michael at Province House throughout Speech from the Throne opened Brown, Anthony Morley and 2011 in celebration of 160 years of the fourth session of the 39th Kent Martin. Eight years later, Responsible Government. Parliament. in 1972, Janice Clarkson and Dr. Baldacchino’s lecture The Throne Speech was Brenda MacQuarrie, then focused on how island territories delivered by Lieutenant students at Montague Regional within largely continental, federal Governor Steven Point High School, became the first countries, such as the Canadian and made reference to the two females appointed. Since provinces of Prince Edward government’s job creation plan its inception, a total of 277 high Island and Newfoundland and and its commitment to restore a school students have participated Labrador, as well as Hawaii balanced budget in the 2013/14 in the program, selected by their (USA), Tasmania (Australia), and fiscal year. Other initiatives respective schools on the basis Okinawa (Japan) to name but a include: a new provincial of high academic standards and few examples, interact with their statutory holiday (Family Day) extracurricular achievements. respective federal governments. on the third Monday of every The lecture addressed some Over the years, the uniforms February, commencing in 2013; of the key issues facing island have changed, but the duties of a new position of municipal provinces/states in the twenty- the legislative pages are largely auditor general; a review of first century and discussed how the same as when the program the operations of all Crown they deal with emerging concerns, began. Pages are instrumental corporations (to begin in January as well as other challenges that in supporting the Legislative 2012); and a proposal to permit arise between the governing Assembly’s proceedings television cameras and radio bodies of the island jurisdictions by distributing documents, recording devices in future trials and their federal counterparts. delivering messages and notes, of those accused of participating making photocopies, and Dr. Baldacchino is Professor of in the Vancouver riot in June. providing other assistance as Sociology and Canada Research The opposition countered needed to the Members of the Chair (Island Studies) at the that the Throne Speech failed Legislative Assembly and the University of Prince Edward to address issues such as child Table Officers. For nearly five Island. He is also the author poverty, unemployment, access to decades, they have witnessed and editor of dozens of books, post-secondary education, and the firsthand the unfolding of the including Pulling Strings – Policy skills shortage. Opposition leader province’s history, listening Insights for Prince Edward Island Adrian Dix also claimed that a to the proceedings of question from other Subnational Island sense of optimism for the province period, debates on proposed Jurisdictions (2008, edited with was absent in the Throne Speech. legislation and the scrutiny of the Kathleen Stuart, published by government’s budgetary plans. Island Studies Press). Legislation The reunion on August 18 In the fall sitting, several Marian Johnston was an opportunity to thank noteworthy government bills had Clerk Assistant and all former pages for their passed second reading by the end contributions to the legislative Clerk of Committees of the reporting period: process and provided a chance • Bill 2 – Flathead Watershed Area for them to reconnect with one Conservation Act: Restricts

56 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 mining and oil and gas activity October, received 118 written Stephanie Cadieux became in the Flathead watershed submissions and 411 online survey Minister of Social Development; area; prohibits the disposition responses. For the first time, this Margaret MacDiarmid replaced of Crown land in the area; designates coal land in the committee also provided routine Ms. Cadieux as Minister of area as a coal land reserve; and activity updates on Facebook as Labour, Citizens’ Services and establishes a mineral reserve on part of a social media pilot project Open Government; and Harry the area. to be evaluated at year-end. Bloy took on the responsibility • Bill 3 – Freedom of Information The Special Committee on of Minister of State for and Protection of Privacy Multiculturalism. Amendment Act, 2011: Cosmetic Pesticides also made Promotes the routine proactive use of social media when it disclosure of government launched its public consultation Susan Sourial information, and allows for process on October 17, 2011. Committee Clerk the collection and sharing of The Committee is mandated personal information, based on consent, among government to “examine, inquire into and ministries. make recommendations with • Bill 4 – Offence Amendment respect to the elimination of the Act, 2011: Provides additional unnecessary use of pesticides punishment options that can be in British Columbia.” At the used when a defendant who is time of writing, the Committee subject to a probation order is had already received over 1,200 convicted of another offence. responses to its e-questionnaire. • Bill 6 – Forests, Lands and hree territorial by-elections Natural Resource Operations In addition to its oversight Statutes Amendment Act, 2011: work, the Select Standing Ttook place on September Provides the minister with the Committee on Children and 12, 2011. Monica Ell was discretion to add or remove Youth began a review of the elected to represent the private lands from a woodlot Representative for Children and constituency of Iqaluit West, licence area and extend the Hezakiah Oshutapik was elected maximum term of a licence-to- Youth Act, as required by that cut to 10 years. statute. The Act provides the to represent the constituency of Pangnirtung and Joe Enook • Bill 11 – Greater Vancouver Representative for Children Transit Enhancement Act, 2011: and Youth with independent was elected to represent the Allows the Greater Vancouver powers to review, investigate constituency of Tununiq. All Regional District to raise the and monitor cases related to the three newly-elected Members fuel tax by 2 cents per litre with child-serving system in British were sworn into office by funds earmarked for transit Commissioner Edna Elias on the initiatives. Columbia. morning of September 22, 2011. • Bill 12 – Teachers Act: Resignations Following the swearing into Establishes new certification and discipline processes for Over the summer recess, two office of the three new Members, public school and independent Members announced their the Legislative Assembly held a school teachers by replacing resignations. On August 18, 2011, special sitting on September 28, the BC College of Teachers with 2011, to confirm the selection of Attorney GeneralBarry Penner a new council that will have 8 a new member of the Executive seats for teachers (3 appointed resigned from cabinet and by the BC Teachers’ Federation announced that he would Council of Nunavut. Fred Schell, and 5 elected teachers) and not run in the next provincial Member for South Baffin, had been 7 seats for other provincial selected to serve on Cabinet at a election. Solicitor General Shirley education stakeholders. meeting of the Nunavut Leadership Bond assumed this portfolio. Forum held earlier that morning. Committee Activity Iain Black, MLA, vacated his seat, effective October 3, to Minister of Finance Keith On October 14, 2011, the Select become president and CEO of the Peterson delivered his fiscal Standing Committee on Finance Vancouver Board of Trade. update when the Legislative and Government Services Assembly convened on October completed its annual budget Cabinet Shuffle 18, 2011, for its fall sitting. The consultations. The Committee proceedings of the Committee heard 220 presentations at 15 In a minor cabinet shuffle of the Whole during the fall public hearings in September and on September 26, 2011,

CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 57 sitting of the House were being tabled. The Legislative Several Acts for Constitutional dominated by the scrutiny of Assembly must accept all of Validity (Spousal Benefits and the Government of Nunavut’s the Integrity Commissioner’s Obligations) proposed 2012-2013 capital recommendations or reject all • Bill 20, An Act to Amend the estimates. During this process, of the Integrity Commissioner’s Judicature Act one proposed item of capital recommendations. On October • Bill 22, An Act Respecting the spending in the budget of the 31, 2011, the Legislative Constituencies of Nunavut; and Department of Community and Assembly adopted two motions Government Services was deleted in relation to the report. The • Bill 23, An Act to Amend the Public Colleges Act from the estimates following a first motion, which expressed motion moved by Nanulik MLA the Assembly’s appreciation Bill 22 implemented the Johnny Ningeongan. for the work of the Integrity recommendations of the Nunavut Electoral Boundaries On October 25, 2011, the Commissioner, formally rejected Commission, which had been Legislative Assembly’s Full the report on the grounds that established on October 25, Caucus, which consists of his investigation of allegations 2010. The Commission, which all nineteen Members of concerning questions posed held public hearings across the Legislative Assembly, in the House by the Member the territory during early 2011, held a special meeting with constituted an inadvertent breach released its report on June 6, 2011. representatives from the federal of parliamentary privilege. The Department of Aboriginal Affairs second motion, which cited The bill established 22 and Northern Development and the Assembly’s prerogative to constituencies in Nunavut. the Nutrition North Canada discipline its own Members, At present, there are 19 Advisory Board concerning the formally censured the Member constituencies in the territory. new Nutrition North Canada for South Baffin for his conduct. The new constituencies will take Program. The meeting, which The 3rd Session of the 3rd effect at the next general election, was held in the Chamber of Legislative Assembly will following the dissolution of the rd the Legislative Assembly, was reconvene on February 21, 3 Legislative Assembly. Speaker televised live across Nunavut. 2012. It is anticipated that the Hunter Tootoo appeared before the Committee of the Whole on On October 19, 2011, the proceedings of the winter the occasion of its clause-by- Speaker tabled a report of sitting will be dominated by the clause consideration of the bill. the Integrity Commissioner scrutiny of the Government of of Nunavut concerning the Nunavut’s proposed 2012-2013 During the Committee of the Member for South Baffin. The main estimates and departmental Whole’s deliberations, Amittuq report was submitted to the business plans. MLA Louis Tapardjuk moved motions to change the proposed Legislative Assembly following Legislation the Integrity Commissioner’s names of the two constituencies review of allegations concerning Nine bills received Assent during encompassing the communities the Member’s conduct in relation the Legislative Assembly’s fall of Igloolik and Hall Beach. The to a private business owned sitting: motions were carried without by the Member. The report • Bill 13, Supplementary opposition. Quttiktuq MLA concluded that the Member Appropriation (Operations and Ron Elliott moved a motion to was in breach of the legislation Maintenance) Act, No. 2, 2011- change the coming into force 2012 in relation to one of the four provisions of the bill so that the allegations that had been made. • Bill 14, Supplementary new constituencies would take Appropriation (Capital) Act, No. The specific allegation concerned effect following the dissolution of 2, 2011-2012 th an email sent by the Member the 4 Legislative Assembly. The • Bill 15, Appropriation (Capital) motion was defeated. to a departmental official in the Act, 2012-2013 Government of Nunavut. • Bill 16, Annual Reporting Two Bills are currently Section 48 of the territorial Validation (Liquor Licensing before the Legislative Integrity Act requires that Board) Act Assembly’s Standing Committee the Legislative Assembly • Bill 17, Write-Off of Debts Act, on Legislation, which is consider such reports within 2011-2012 chaired by Nanulik MLA ten sitting days of their • Bill 18, An Act to Amend Johnny Ningeongan:

58 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 • Bill 19, Family Support Orders with the 2012 municipal election. Association of Clerks-at-the- Enforcement Act; and The Committee received Table in Canada • Bill 21, Miscellaneous Statutes significant input from the public The Professional Development Amendment Act, 2011, No. 3 and is expected to table a report Seminar of the Association of by the end of November. Committee Activities Clerks-at-the-Table in Canada took The Standing Committee on place in Fredericton from August The Standing Committee on Public Accounts, chaired by 2-6. Participants included table Oversight of Government Rick Doucet, held a number officers from the federal, provincial Operations and Public Accounts of meetings to complete its and territorial Parliaments, the is anticipated to hold hearings review of departmental activities United Kingdom Parliament, in November 2011 on the most and spending for the 2008-09 the Scottish Parliament and the recent annual reports to the and 2009-10 fiscal years. The Parliament of New South Wales. Legislative Assembly of the Standing Committee on Crown There was also representation Languages Commissioner of Corporations, chaired by from the American Society of Nunavut and the Information Jack Carr, continued its review Legislative Clerks and Secretaries. and Privacy Commissioner of various provincial Crown Topics discussed included: ethics of Nunavut. Quttiktuq MLA corporations and agencies. Ron Elliott is the new Chair of for table officers; the law and limits the Committee. Review of Legislative Officers of privilege; power to send for persons; presentations of petitions; Former Ombudsman and Alex Baldwin and the concept of convention in a Child and Youth Advocate parliamentary context. Office of the Legislative Assembly Bernard Richard is leading a of Nunavut review of the functions and Conflict of Interest operations of New Brunswick’s Commissioner eight legislative officers. The On November 10, Conflict review is being carried out at of Interest Commissioner the request of the Legislative Patrick A. A. Ryan, submitted Administration Committee, in the first five year report under keeping with the Government the Members’ Conflict of Interest Renewal Initiative. The review is Act. The Quinquennium Report intended to find ways in which New Brunswick contains a number of changes the efficiency, effectiveness and ranging from important to accountability of legislative modernization to housekeeping. egislative Committees officers can be enhanced without Among the important changes remained active following impairing their independence. L are recommendations concerning the adjournment of the House In addition, the review is to Deputy Ministers and an on June 10. The Standing consider the most appropriate expansion of the meaning of Committee on Health Care, disposition of a Registrar of what constitutes a conflict of chaired by the Minister of Lobbyists, a position proposed in interest. The Commissioner also Health, Madeleine Dubé, held Bill 43, Lobbyists’ Registration Act, recommended consideration of public hearings throughout the introduced by Government House a Code of Conduct for Members province to receive comment on Leader Paul Robichaud, on June of the Legislative Assembly as a a legislative discussion paper 1, 2011. The review is also tasked useful tool in avoiding conflicts that seeks to establish parameters with giving advice on whether and evidencing transparency. governing the election of the Human Rights Commission regional health authority board would be better placed under Building Restoration members. The Committee has the purview of the Legislative been tasked with considering Assembly or left within the The ongoing historic restoration three issues: Regional Health purview of the executive branch. of the Legislative Assembly Authority Boundaries, Regional This is the first time that a Building and grounds continued Health Electoral Boundaries and comprehensive review of the during the summer and fall Election Rules. The issues must legislative officers is being carried months. As recommended in the be addressed prior to the election out. Mr. Richard is expected to file comprehensive Building Master of new board members, beginning a report later this fall. Plan commissioned in 2005,

CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 59 restoration work during the first Joint Session of the Senate and Senator Carstairs announced five years focussed on the building the House of Commons, a week her retirement in the Chamber envelope, including historic before the Senate was scheduled on October 6th, 2011. She masonry restoration, new copper to return from the summer was appointed to the Senate roofing and restoration of the adjournment. His speech was the in September of 1994 by Mr. dome of the Legislative Building. first by a British Prime Minister Chrétien and was Deputy Late in 2011, the Assembly is on since Tony Blair addressed Leader of the Government from target in terms of capital project Parliament in 2001. 1997 to 1999 and Leader of the priorities, including re-pointing Committees began hearings on Government from 2001 to 2003. the stone below ground level, various orders of reference and the commencing of landscape a number of committee reports Vanessa Moss-Norbury work and lighting on the front were presented or tabled in Procedural Clerk grounds, courtyard improvements, the Chamber. The committees’ Journals Office copper cladding of the Legislative budget process got underway and Library’s roof and a new southeast several committees had budgets atrium entrance. The final phase approved by the Standing of the restoration will see the Committee on Internal Economy, completion of current projects and Budgets and Administration and will focus primarily on issues of by the Chamber. life, safety and security for MLAs, During the months of staff and the visiting public. September and October, there The First Session of the were a number of retirements 57th Legislative Assembly will in the Senate, including Senator Saskatchewan reconvene on the morning of Lowell Murray, Senator Wednesday, November 23 for Vim Kochhar and Senator the purpose of proroguing. . fter the last general election in 2007, the government Pursuant to a proclamation of Senator Murray was appointed A introduced and passed legislation the Lieutenant-Governor, the in 1979 by Prime Minister that set fixed election dates. Second Session will formally . At the Senator’s The next general election was open at 2 p.m. the same day with request, there were no formal set for November 7, 2011. With a Speech from the Throne, the tributes to him in the Chamber the election date known, the second for the government of but on October 26, 2011, Senator Board of Internal Economy Premier David Alward. James Cowan called the attention approved funding for the Chief The current standings in of the Senate to “the remarkable Electoral Office to conduct the House are 42 Progressive record of public service of our voter enumeration outside of Conservatives and 13 Liberals. former colleague, the Honourable the election writ period. The Lowell Murray who served with advantages of enumerating Donald J. Forestell us in this chamber for 32 years outside of the writ period include, Clerk Assistant and before his retirement.” Clerk of Committees more voters enumerated, more The first Canadian of Indian accurate enumeration, less delays origin named to the Senate, and confusion for voters at Senator Kochhar was appointed in polling stations and voters’ lists January of 2010 by Prime Minister would be available to candidates Stephen Harper. Tributes were and registered political parties paid to Senator Kochhar on upon the issue of the Writ rather September 27, 2011. In October, than 13 to 19 days after the issue tributes were also paid to William of the Writ. The Senate Rompkey who had retired in May, On October 10, 2011, 2011. Before being appointed to Premier Brad Wall asked the the Senate in September of 1995 by Lieutenant-Governor, Gordon n September 22, 2011, Jean Chrétien, Senator Rompkey, Barnhart, to dissolve the 26th OBritish Prime Minister, had been a Member of Parliament Legislature. This gave candidates David Cameron, addressed a since 1972. a 28-day period between the

60 CANADIAN PARLIAMENTARY REVIEW/WINTER 2011 issuing of the writ and polling they had at dissolution. No third per the Rules of the Legislative day for campaigning. On party members were elected in Assembly of Saskatchewan, November 7, 2011, citizens Saskatchewan. Later that week, on the first day of the new of Saskatchewan elected a Premier Wall announced that he Legislature, an election for the majority Saskatchewan Party would not be changing Cabinet Speaker will take place followed government with 49 MLAs – 11 until after the Spring session. by the Throne Speech. more than it had at dissolution. At the time of this writing, the Conversely, 9 NDP candidates Opening of the 27th Legislature Stacey Ursulescu were elected – 11 fewer than had not been determined. As Committees Researcher

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