Legislative Reports

• introducing a comprehensive ment. This included the govern- crystal meth strategy; ment’s failure: • • strengthening Manitoba’s Gang to commit to the principle of ac- Prosecution Unit; and countability in the delivery of public health care services in • further reductions to personal in- Manitoba; come taxes in 2006. • to adequately address the causes of crime; and In his amendment to the Address • to commit to a process leading to in Reply motion, Official Opposi- electoral reform and improved Manitoba tion Leader Stuart Murray identi- democracy in Manitoba. fied a number of government failures, including: n October 27, 2005, Lieuten- Mr. Gerrard’s sub-amendment was defeated on division, while Mr. Oant-Governor John Harvard • failure to acknowledge the esca- Murray’s amendment was defeated delivered the NDP government’s lating debt of the province; eighth Speech from the Throne, on a recorded vote of 18 yeas, 32 • opening the Fourth Session of the failure to present a plan to ad- nays. On November 8, 2005 the dress the fact that Manitoba is the main motion carried on division. Thirty-Eighth Legislature. The highest taxed province through- House sat for just over six weeks, re- out all of Canada; Legislation cessing for the winter break on De- • failure to address the fact that cember 8, 2005. since 1999 gangs have flourished The government introduced 20 Speech from the Throne in Manitoba; bills during this fall sitting, with • failure to address the doctor nine of them completing the legisla- Debate on the Throne Speech domi- shortages, emergency room clo- tive process to receive Royal Assent. nated the first two weeks of the sit- sures and downgraded health The legislation addresses a range of care services throughout rural governance areas, including: ting. The address conveyed a range Manitoba; of government proposals and com- • mitments, including: failure to consider, within a pub- • Bill 8 – The Official Time Amend- licly funded, single-payer health ment Act, which provides that, care system, the development of • new legislation to ensure en- starting in 2007 in accordance public-private partnerships for with the North American trend, hanced capacity to deal with the delivery of health care ser- emergencies; daylight saving time will run vices; from the second Sunday in March • a commitment to 1,000 mega- • failure to support the desperate to the first Sunday in November. watts of wind generation over the plight of agriculture producers; • next decade; Bill 11 – The Winter Heating Cost and Control Act, which prohibits any • addressing wait lists identified in • failure to call an independent further increases in natural gas the First Ministers’ Accord in- public inquiry into the Crocus prices for customers of Centra cluding joint replacement, car- Fund scandal. Gas during the 2005-06 winter diac treatment, cancer treatment, heating season, and allows the sight restoration and diagnostic government to limit such price in- imaging; Jon Gerrard (Independent Lib- creases in 2006-07. The Bill also requires Manitoba Hydro to es- • completing the replacement of all eral – River Heights) moved a sub-amendment to Mr. Murray’s tablish a stabilization and afford- 160 ambulances in the province’s able energy fund. Bill 11 is fleet in the coming year; amendment identifying further dis- currently listed at Debate on Sec- appointments with the govern- ond Reading on our Order Paper.

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 41 • Bill 18 – The Highway Traffic mittee, the level of input from the deputy ministers as witnesses be- Amendment Act (Countermea- public on this Bill was most note- fore the PAC. sures Against Impaired Drivers and Other Offenders), which worthy. During seven meetings of PC Leadership Contest gives the same status to alco- the Standing Committee on Social & hol-related offences committed in Economic Development, MLAs After five years as Leader of the Of- the United States as those com- heard 183 presentations on the Bill ficial Opposition, Mr. Murray re- mitted in Canada for the pur- and received 17 written submis- poses of suspension of drivers’ cently announced his intention to sions. licences and related administra- resign as leader of the Progressive tive sanctions. It also gives the Rule Changes Conservative party. On November same status to offences for which the offender is found guilty, but 5, 2005, delegates to the party’s an- receives a discharge. The Bill also On December 7, 2005 the Standing nual convention voted on the reso- restricts certain offenders to driv- Committee on the Rules of the lution “Do you want a leadership ing only motor vehicles equipped House met to discuss a number of convention”. While 55% of mem- with an ignition-interlock device proposed amendments to our bers defeated the resolution, Mr. after their suspensions expire. Rules. The Committee adopted the Murray still requested a leadership package after some debate, and convention be held. On November One Bill eclipsed all others later in the same sitting day the 14, Mr. Murray announced that he however in terms of public interest. House received the Committee’s re- would not enter the leadership race Bill 7 – The Architects and Engineers port, concurring it in immediately. and would step down once the Scope of Practice Dispute Settlement The rules amendments included: party chose a new leader. The Party Act (Various Acts Amended), set the leadership convention for amended three Acts to address the • changes to the Membership ar- April 29, 2006 in Winnipeg, with a scope of practice dispute between rangements for the Public Ac- provision for a second vote, if neces- counts Committee (PAC); architects and professional engi- sary, on May 13, 2006. neers. • increasing the number of annual By-Election The amendments to The Architects mandated PAC meetings from Act included provisions that clarify four to “six to eight”; John the circumstances in which a profes- • provisions for calling Ministers In late September 2005, sional engineer can do engineering and deputy ministers as wit- Loewen (PC – Fort Whyte) resigned work that would also be considered nesses before the PAC; and his seat in the provincial Legislature architectural work; and facilitate • changes to the order of items in and announced his intention to seek the joint practice of architecture and Routine Proceedings, moving up the Liberal party nomination in the professional engineering. “Introduction of Bills” as the first federal riding of Charleswood – St. item in the routine. James – Assiniboia. In the subse- The Bill also amended The Build- quent provincial by-election in the ings and Mobile Homes Act to provide Standing Committee on Public Accounts Fort Whyte riding held on Decem- clear authority for amendments to ber 13, 2005, Hugh McFayden re- the Manitoba Building Code that The Manitoba Public Accounts turned the seat for the Progressive are required to settle the scope of Committee met on four occasions in Conservative party. practice dispute. November and December of 2005 to The current standings in the The amendments to The Engineer- consider a great volume of out- Manitoba House are: NDP 35, Pro- ing and Geoscientific Professions Act standing reports. At the first meet- gressive Conservative 20, Inde- mirrored several of the amend- ing the Committee passed 10 pendent Liberals 2. Barring an early ments to The Architects Act, includ- reports, clearing up some of the emergency sitting, the House is set ing provisions for a more timely and backlog. At the subsequent meet- to resume for the spring sitting on effective resolution of disputes be- ings the PAC considered Auditor March 6, 2006. tween the two professions. General’s reports on the Crocus Ultimately supported by both the Fund and an Adult Learning Cen- Rick Yarish official opposition and the two inde- tre. In addition to debate on the con- Clerk Assistant / pendent Liberals, Bill 7 received tent of the reports, these meetings Clerk of Committees Royal Assent on November 30, also heard extended debate over the 2005. While MLAs debated Bill 7 ex- interpretation of the new provisions tensively in the House and in com- in our rules for calling Ministers and

42 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006 extending the $100 Registered media attention as they are both leg- Education Savings Plans grant islative precedents in Canada. payable to children at ages 8, 11 and 14 who were born in Alberta Privilege in 2005 and beyond, to now in- clude all Alberta children turning 8, 11 and 14 years of age. On May 17, 2005, the last regular sit- ting day of the Spring Session, Laurie Blakeman, Official Opposi- Private Bills tion House Leader, gave notice that she would be raising a question of Alberta One Private Bill was passed during privilege on the next regular sitting the Fall Sitting. Bill Pr4, Brooklyn day regarding an alleged alterca- he Fall Sitting of the First Ses- Hannah George Rewega Right of Civil tion that took place in the Members' Tsion of the 26th Legislature ad- Action Act, allows this child to com- lounge behind the Chamber be- journed on December 1, 2005 after mence an action against her mother tween a member of her caucus, Rick 11 sitting days. By the conclusion of for injuries sustained in a traffic ac- Miller (Lib, Edmonton- the sitting, 18 Government Bills and cident that occurred prior to birth. Rutherford), and a member of the one Private Bill were passed by the The daughter is alleged to have suf- Government caucus, Tony Abbott Assembly. During the Fall Sitting, fered brain damage and blindness (PC, Drayton Valley-Calmar). The the Assembly also approved sup- as a result of a single vehicle acci- incident arose over comments made plementary estimates totalling dent that occurred when her mother by Mr. Miller during the routine $1,770,397,000 for 13 departments. was pregnant. The Bill allows the fa- item Members' Statements. In his ther, on behalf of the child, to bring a statement, Mr. Miller expressed Government Bills civil action against the mother for concern that certain comments damages arising from the accident. made by a Member of the Legisla- Notable Bills passed during the Fall In the Spring, the Standing Com- tive Assembly would discourage Sitting include: mittee on Private Bills deferred its women from entering politics. After consideration of Bill Pr4 until the • making the statement and leaving Bill 43, Alberta Resource Rebate Fall in order to allow the Govern- Statutes Amendment Act, 2005,in- the Chamber, Mr. Miller was con- troduced by Shirley McClellan, ment time to consider whether it fronted by Rev. Abbott giving rise Minister of Finance, allows the would introduce similar legislation to the purported question of privi- Government to provide Alber- to deal with this matter. During the lege. While Mr. Miller did not name tans with a $400 per person re- Fall Sitting, the Government intro- any Member in his statement, it was source rebate. duced Bill 45, Maternal Tort Liability implied that his remarks were • Bill 46, Criminal Notoriety Act,in- Act, which provides a narrow ex- based on comments Rev. Abbott troduced by Mary-Anne ception to the current common law made to the media concerning Jablonski (PC, Red Deer-North), by allowing the right of compensa- prohibits criminals from any fi- Belinda Stronach. nancial gain they may receive by tion for a child who sustains prena- On the first sitting day of the Fall recounting their crimes through talinjuriesasaresultofthe Session,Rev.Abbottofferedan books, movies, television or the negligent driving of his or her apology to the Assembly. Ms Internet. mother. The Bill also contains provi- Blakeman then indicated that in ac- • Bill 50, Workers' Compensation sions to protect mothers by prohib- cordance with Mr. Miller's instruc- Amendment Act, 2005 (No. 2),in- iting claims against them beyond tions, she would not be proceeding troduced by Richard Magnus the limits of their insurance policies. with the purported question of (PC, Calgary-North Hill), pro- Bill 45, however, was not retroactive vides workers' compensation privilege. benefits to firefighters who suffer and therefore would not allow On November 15, 2005, both Ms a myocardial infarction within 24 Brooklyn to proceed with her claim. Blakeman, and Brian Mason, hours of responding to an emer- As a result, the Committee recom- Leader of the New Democratic Cau- gency. mended Bill Pr4 proceed with cus, raised purported questions of • Bill 54, Alberta Centennial Educa- amendments based on the limita- privilege regarding the premature tion Savings Plan Amendment Act, tions outlined in the Government release of reports from the Auditor 2005, introduced by David Han- Bill. The Bills received considerable cock, Minister of Advanced Edu- General and the Ethics Commis- cation, amends the Act by sioner to members of the media. The

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 43 three reports in question were as the investigation. The Minister tennial created under the theme of follows: stated that given these circum- education and outreach are under- stances and that the result of the in- way. They include the following: • Report of the Auditor General on the vestigation indicated no Alberta Securities Commission's wrongdoing on his part, he as- • four centennial series books writ- Enforcement System dated October sumed he was free to comment on ten about Alberta's Lieuten- 2005 the report on a radio program prior ant-Governors, Premiers, • Report of the Auditor General on Al- Speakers and provincial elections to its distribution to other Members as well as a Legislature Building berta Social Housing Corporation and the public. Under legislation Land Sales System dated October coffee table book; and practice, the Commissioner 2005 • a series of plaques retracing the provides an advance copy of the re- • history of the first 25 Legislatures Allegations involving the Minis- port to the Member against whom ter of Environment and Member as well as the history of the prov- for Fort McMurray-Wood Buf- an allegation is made, prior to its ince prior to 1905; falo, October 2005, Ethics Com- being released. • a dinner, to be held on March 15, missioner of Alberta On November 17, 2005, the 2006, for current and former Speaker ruled on the questions of MLAs and their families; The Members alleged the unau- privilege. He indicated that due to • banners recognizing the Premiers thorized release of this information the lack of statutory and parliamen- and Speakers of the Legislative prior to it being made available to tary authorities concerning prema- Assembly to be placed on the all Members breached the dignity ture release of reports prepared by Legislature grounds; and authority of the Assembly and Officers of the Legislature, he could • a commemorative medallion for therefore constituted a contempt of not find a prima facie case of privi- each Legislature to be given to the Legislature. They also referred lege. The Chair explained that while Members and former Members for each term served as an MLA to statutory provisions which re- the premature release of the reports since 1905; quire that the reports be distributed is a very serious matter and may be • to Members prior to them being considered contemptuous behav- an interactive and educational virtual tour of the Legislature, made available to the public. While iour, the legislation itself does not available via the Internet, devel- neither Member could identify the indicate how leaked reports should oped in partnership with Alberta source of the leak with regards to be dealt with. Even though it was Education. the Auditor General's reports, the clear in the case of the Auditor Gen- Leader of the New Democratic Cau- eral's reports that they had been re- Speaker Ken Kowalski hosted a cus stated that it was the Minister of leased prematurely, it was unclear ceremony recognizing the Muslim Environment who had disclosed the who was responsible for the release. Festival of Eid-ul-Adha in the Ro- contents of the Ethics Commis- Therefore, to find a case of contempt tunda of the Alberta Legislature sioner's report to the media prior to could cast doubt on those who in Building on January 26, 2006. its release to the public. fact did have a right to receive cop- Eid-ul-Adha, the second of the two Ron Stevens, Minister of Justice ies of the report, which was major Muslim holidays, means and Deputy Government House something the Chair was not “Festival of Sacrifice” and is cele- Leader, responded to the allega- prepared to do. brated by all Muslims worldwide. tions. He commented that the Audi- Other Events The third annual Mr. Speaker's tor General was seeking the source MLA for a Day is scheduled to take of the premature release of the re- A Select Special Chief Electoral Offi- place on April 24 and 25, 2006. Up to ports and until the source was cer Search Committee was struck on 83 students from across Alberta are found there was no point in raising November 28, 2005, following the expected to participate in this pro- a question of privilege/contempt. retirement of O. Brian Fjeldheim as gram which is designed to give Al- The following day, the Speaker CEO earlier that month. berta high school students the heard from the Minister of Environ- While 2005 marked the Centen- chance to find out what it really ment who explained that he was un- nial of the Province of Alberta enter- means to be an MLA. Through con- aware of anything that prohibited ing Confederation, March 15, 2006 versations with MLAs and partici- him from disclosing the contents of marks 100th anniversary of the first pation in a two-day program, the Ethics Commissioner's report, meeting of the Assembly. Several students find out how MLAs act as particularly since he had requested projects commemorating the Cen- lawmakers and community repre-

44 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006 sentatives. The Legislative Assem- reading debate had already without precedent. In April 2004, a bly is proud to be in partnership progressed over four days when senator succeeded in moving a sim- with the Royal Canadian Legion, Government Leader Jack Austin ilar motion to end debate on another Alberta NWT Command, which raised a point of order on Novem- private member's bill. sponsors and assists with the ber 23. He maintained the bill was The passage of Bill C-259 was program. essentially the same as Bill C-43, a noteworthy for another reason. It Spring Sitting budget implementation bill which amended a tax measure which had also amended the Excise Tax Act,in- already been adopted as Bill C-43. cluding a reduction in tax to clocks, The Spring Sitting of the Second With enactment of Bill C-259, it be- and had been passed by the Senate Session of the 26th Legislature com- came one of the rare private mem- before the summer adjournment. menced February 22, 2006, with the bers' bills to ever amend a The Senator believed that any fur- Speech from the Throne by Norman government tax. ther deliberation of Bill C-259 Kwong, Lieutenant Governor of the Other public bills that received would be in violation of the Senate Province of Alberta. Royal Assent were Bill C-331 which rule which prohibits the consider- provided for redress and restitution Micheline S. Orydzuk ation of the same subject matter in to persons of Ukrainian descent and Clerk of Journals/Table Research the same session. For this reason, other Europeans who suffered in- the Senator argued that debate on justice during the First World War Bill C-259 should not be allowed to and Bill S-3, the first amendment of continue since the Senate had al- the Official Languages Act since 1988. ready made the decision to elimi- The bill gave French-speaking mi- nate the excise tax on jewellery norities outside Quebec and the when it passed C-43 in June. English minority in Quebec the Other senators contributed to the right to take the federal government debate before the Speaker pro tem- to court if their interests are not pore ruled later the same day. She taken into account. Altogether, 16 agreed that both bills dealt in gen- bills were given Royal Assent by Senate eral terms with the same subject written declaration in two separate matter but the deciding factor, in ceremonies held on November 24 ith the near certainty of a fed- her opinion, was the rate of tax re- and November 25. duction. Bill C-259 amended the ap- Weral election campaign on the Committees horizon, the Senate had to work ex- plication of the excise tax on clocks peditiously to clear its legislative at an accelerated rate in comparison The Energy, the Environment and agenda before the dissolution of the to the phased-in proposal enacted Natural Resources Committee re- 38th Parliament. Of the bills that through Bill C-43. Consequently, ported on the fact-finding mission it were dealt with by the Senate dur- the Speaker pro tempore determined took to Paris and Vienna in Septem- ing the month of November, none that the bills were sufficiently dif- ber 2005. The committee updated were considered controversial and ferent and debate was allowed to information on international nu- all twenty were expected to pass continue. clear reactor safety and other global quickly and easily. Therefore, it was Bill C-259 was then the focus of an issues related to the environment not anticipated that a short and sim- unusual motion which forced the and energy supply and demand in ple private member's bill would at- Senate to complete the final stages its Eleventh Report, tabled in the tract any interest as it made its way of the bill on November 25. The Senate on November 22. Later that through the Senate but the progress Deputy Leader of the Opposition, month, on November 24, the Thir- of Bill C-259 was not routine and Senator Terry Stratton, introduced teenth Report of the committee was ultimately its passage was a motion to limit debate on the bill tabled as well. Another in a series of significant. and to set a time for its final disposi- studies on issues related to the com- Bill C-259, an amendment to the tion. In effect, the motion enacted a mittee's mandate, this interim re- Excise Tax Act, sought to eliminate special order since the Rules of the port investigated threats to the excise tax on jewellery and spe- Senate only permit time allocation Canada's water in the west. cifically, provided a tax reduction motions on government business. On November 22, the Rules, Pro- for most kinds of clocks. Second Although highly unusual, it was not cedures and the Rights of Parlia-

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 45 ment tabled a report on the for clarification about the professional groups modernizing participation of Senators by tele- information from the National Cap- their statutes particularly in rela- phone or videoconference during ital Commission and concluded he tion to governance and disciplinary committee meetings. Since the Rules was unable to support the conten- procedures; An Act Respecting Pro- of the Senate do not permit Senators tion that a prima facie question of tection Against Family Violence expe- to be involved in the Senate in this privilege had been established. diting and simplifying victims' way, it was the committee's conclu- Motion access to emergency protection; and sion that the same rule applied to An Act To Amend The Electoral committee proceedings. It's Seventh Boundaries Act providing that a The Senate extended best wishes to Report noted, therefore, that no commission carry out its duties and the members of the Canadian Forces changes to the Rules of the Senate report during the 2006 calendar and offered praise in particular to were required at this time. year. those serving in Afghanistan in a In the Fall sitting the House con- The Sixteenth Report of the Social motion passed on November 24. Affairs, Science and Technology firmed by Resolution the appoint- Committee entitled “A Proposal to Other ment of Darlene Neville, as Child Establish a Canadian Mental Health and Youth Advocate. Ms. Neville Commission”, is part of the final re- For the first time since the Conflict of succeeds Lloyd Wicks who re- port on mental health, mental ill- Interest Code for Senators was signed on March 31st, 2005. ness and addiction in Canada which adopted on May 18, 2005, a senator The House also removed from of- will be tabled as soon as possible in declared a conflict of interest with fice by Resolution the Citizen's Rep- the new Parliament. The factors that regard to a bill under discussion. On resentative. The Citizen's led the Committee to recommend November 25, Senator Serge Joyal Representative and Child and the creation of a Canadian Mental advised the Senate of a private inter- Youth Advocate are among five ex- Health Commission are contained est in Bill C-57, an amendment to ternal officials who are officers of in this interim report which was certain acts in relation to financial the House. tabled in the Senate on November institutions. His action was in com- On December 6th the Opposition 24. pliance with section 14(1) of the House Leader Kelvin Parsons, The Senate adopted the Second Code which sets out acceptable stan- raised a point of privilege concern- Report of the Library of Parliament dards of conduct for all Members of ing the presence of Speaker Harvey Joint Committee and approved the the Senate. Hodder, and the Deputy Chair of appointment of William Robert Committees Sheila Osborne, at the Mary Mussell Young to the office of Parliamen- nomination meeting of the federal Journals Branch tary Librarian on November 24. candidate for St. John's South - Question of Privilege Mount Pearl. A picture of the nomi- nating group had appeared in the local paper. The Speaker ruled that Senator Mira Spivak rose on a ques- there was no prima facie case of tion of privilege on November 22 to breach of privilege but acknowl- complain about the answers she had edged that he had made an error in received to a series of written ques- judgment in taking part in the event tions regarding the boundaries of and apologized to the House. Gatineau Park. According to the senator, the answers were contra- The Member for Placentia and St. dictory to answers provided by the Newfoundland and Mary's, Fabian Manning, resigned National Capital Commission else- Labrador his seat on December 13th to run in where. As a result, the govern- the January 23rd Federal election in ment's failure to provide complete which he was successful succeeding he House resumed sitting on and accurate answers breached her John Efford in the riding of Avalon. November 21, 2005. Compared privileges since she was deprived of T Mr. Manning was first elected to the to the Spring sitting the Fall sitting the information she needed to do House of Assembly in 1993 and was was relatively uneventful. The her job properly. Speaker Dan Hays elected again in 1999 and 2003. A House passed 33 Bills including ten ruled the following day. In his rul- by-election has been called for Feb- relating to a number of health care ing he suggested other ways to ask

46 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006 ruary 21st for the District of amendment to the Throne Speech upgrade public buildings and other Placentia and St. Mary's. which included initiatives for quan- public infrastructure. Gerry Reid, (Twillingate and tifiable wood supply targets, the On December 22 the Standing Fogo) announced on January 30th protection of rural schools, the de- Committee on Law Amendments, that he would not be seeking the velopment of alternative energy chaired by Jody Carr (PC, leadership of the Liberal party in the production, and the reduction of Oromocto-Gagetown), tabled its re- Province. Mr. Reid has been interim waiting times for surgery and other port with respect to Bill 77, Pay Eq- leader since the resignation of critical medical services. Due to an uity Act, which was introduced in Roger Grimes as leader on June 1st equality of votes in the House, the House during the First Session 2005. The House is expected to re- Speaker Bev Harrison cast his de- of the Fifty-fifth Legislature and convene in mid-March. ciding vote in the negative on the subsequently referred to the Com- amendment and in the affirmative mittee. Public hearings on the Bill Elizabeth Murphy on the motion for an Address in Re- occurred in 2004. The Bill requires Clerk Assistant ply to the Throne Speech. that employers take proactive mea- On December 15 the Assembly sures to achieve pay equity between unanimously adopted a resolution men and women in the work place. officially recognizing the year 2006 In the report the Committee recom- as the Year of the War Bride in cele- mended that Bill 77 should not pro- bration of the 60th anniversary of ceed. In addition, the Committee the arrival of the majority of war recommended that the government brides into Canada via Pier 21 in release an annual status report on Halifax. The resolution was moved its progress towards reducing the by Thomas J. Burke (Lib. Frederic- wage gap, and that the government ton North,) who was the grandson consider enacting proactive legisla- New Brunswick of a war pride. tion designed to reduce the wage On December 20 the Minister of gap and promote pay equity should he Third Session of the Finance, Jeannot Volpé, introduced voluntary measures only result in TFifty-fifth Legislature opened the 2006-2007 Capital Budget. The limited progress. on Tuesday, December 6, 2005, with Minister announced the largest cap- On December 23 the Assembly the Lieutenant-Governor, ital investment in the education sys- adopted the recommendations of Herménégilde Chiasson, deliver- tem in almost 20 years. The gross the Standing Committee on Proce- ing the Speech from the Throne. The capital budget of $436.7 million, an dure, chaired by the Minister of Jus- Throne Speech laid out govern- increase of $26.1 million from the tice, Brad Green, that amendments ment's blueprint for building on 2005-06 revised budget included a be made to the Standing Rules, in- achievements in education, heath $58 million capital investment in cluding changes to the sitting hours care, economic growth, environ- education for the construction of on Friday; sixty second time limits mental protection and strengthen- new schools as well as the repair on the length of speeches during In- ing democracy. Highlights and rehabilitation of existing troduction of Guests and Congratu- included the introduction of a qual- schools; a $90.8 million capital in- latory Messages; a new rule to ity pre-kindergarten school readi- vestment in health care for diagnos- address lengthy Statements by Min- ness program, legislation to tic and medical equipment as well isters and replies thereto; the cre- modernize governance of the Com- as new construction of hospital fa- ation of two new Standing munity College network, strength- cilities; a $16.7 million capital in- Committees, the Standing Commit- ening the forestry sector, vestment in municipal tee on Health Care and the Standing developing strategies for safe, se- infrastructure including funding to Committee on Education, and a cure and reliable drinking water, ensure safe drinking water and new Standing Committee on Legis- and improving the relationships more effective waste management lative Officers to replace the Stand- with aboriginal communities. systems; a $235.8 million capital in- ing Committee on the Ombudsman; Official Opposition Leader vestment allocated for roads and and a new rule to provide for ap- Shawn Graham claimed that the highways; and a $20.5 million peals of decisions of Chairs of Speech failed to set out an ambi- capital investment to repair and Standing and Select Committees. tious vision for the province. As such, Mr. Graham moved an

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 47 Among the noteworthy pieces of one-week adjournments until June consideration of and pass Bill 124, government legislation passed by 9. Educational Childcare Act, which is the House were the following: Since the adjournment of the designed to enhance the quality of • Bill 3, An Act to Amend the New House on December 23, Commit- the educational childcare services Brunswick Income Tax Act, intro- provided to children, from birth un- duced by the Minister of Finance tees have maintained an active to provide a cash rebate to fami- schedule with the Standing Com- til their admission to preschool edu- lies who heat their homes with oil mittee on Public Accounts and the cation, by childcare centre and day and have a total annual income of Standing Committee on Crown care centre permit holders and by less than $45,000. Corporations being the most active recognized home childcare provid- • Bill 7, Energy Efficiency and Conser- in their review of the annual reports ers, as well as to foster the harmoni- vation Agency of New Brunswick and public accounts of various gov- ous development of childcare Act, introduced by the Minister of ernment departments, agencies, services, taking into account the Energy, Bruce Fitch, to establish needs of parents, particularly their the new Energy Efficiency and and Crown corporations. Conservation Agency of New On January 13, 2006, Frank need to reconcile their parental and Brunswick. The Agency's aim is Branch (Nepisiguit), New Bruns- professional responsibilities. to help consumers lower energy wick's longest serving MLA, an- At the adjournment of proceed- bills and better deal with energy nounced his intention to sit as an ings, on December 15, 2005, the price impacts through conserva- Members of the Québec National tion and financial incentives. For- independent Member and to resign mer NDP Leader and MLA as Chair of the Standing Committee Assembly had passed 20 public bills Elizabeth Weir was named Presi- on Public Accounts. Accordingly, and 9 private bills since the resump- dent and CEO of the Agency. the standings in the House are 28 tion of proceedings last October 18. • Bill 27, Pipeline Act, 2005, intro- Progressive Conservatives; 26 Lib- Appointment and By-elections duced by the Minister of Energy erals; and 1 Independent. to consolidate, update, and ex- The Member for Margue- pand existing pipeline legisla- Shayne Davies tion, providing a clear and rite-D'Youville, Pierre Moreau, modern regulatory environment Clerk Assistant - Committee Clerk was named Deputy Government for the construction and opera- House Leader, in replacement of tion of pipelines in the province of Michèle Lamquin-Éthier,the New Brunswick. Member for Crémazie, from Octo- • In addition, Bill 6, Franchises Act, ber 29 to December 21, 2005. Mrs. was introduced by the Minister of Lamquin- Éthier resumed her du- Justice and referred to the Stand- ing Committee on Law Amend- ties last 22 December. ments for consideration. The Bill By-elections were held last De- is designed to ensure a fair rela- n Wednesday December 14, cember 12 in two electoral divisions tionship between small business 2005, the Government House following the resignation of Yves people in New Brunswick and O Séguin in Outremont and of Ber- franchise owners. The Bill is Leader moved a motion to adjourn nard Landry in Verchères. The can- based on a model Act that was the Assembly proceedings until adopted and recommended by March 14, 2006. The following day, didates proclaimed elected were the Uniform Law Conference of December 15, at the request of Pre- Raymond Bachand, representing Canada. mier Jean Charest, the National As- the Québec Liberal Party in sembly was convened to hold an Outremont, and Stéphane For the second consecutive year extraordinary sitting as a matter of Bergeron, representing the Parti the Assembly adopted a sessional urgency beginning at 9.00 o'clock Québécois in Verchères. The com- calendar setting out the sitting days a.m., in order to introduce, pass position of the Assembly now of the House for the balance of the through all stages and give final stands as follows: Québec Liberal Third Session. The resolution was passage to Bill 142, An Act respecting Party, 73 Members; Parti supported by the Official Opposi- conditions of employment in the public Québécois, 45 Members; independ- tion. In accordance with the calen- sector, whose purpose is to ensure ent, six Members, five of whom are dar, the House, which will resume the continuity of public services and with the Action démocratique du sitting March 28, will continue to sit provide for the conditions of em- Québec; and one vacant seat. for three-week periods followed by ployment of employees of public sector bodies, and to complete the

48 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006 Interparliamentary Relations internationally. She made the Training and development opening remarks of the conference's Éric R. Mercier,theMemberfor parliamentary reform theme. The On October 21, Michel Bonsaint Charlesbourg and Chairman of the Member also wrote an article for the gave a training course on parlia- Committee on Democracy and conference's anniversary journal mentary law and procedure to 25 Peace of the Parliamentary Confed- entitled Québec in a Time of Change in Government-employed lawyers eration of the Americas (COPA), Governance, which focusses on ex- from the Montréal region, as he had headed a delegation of parliamen- tended auditing, accountability that given last May for Government-em- tarians of this organization to ob- has evolved, as well as the chal- ployed lawyers from the Québec serve the unfolding of the lenges presented by public-private City region. presidential and legislative elec- partnerships and the information On October 24, within the context tions in Bolivia on December 18, highway. of continuing professional develop- 2005. In addition to Mr. Mercier, the ment in parliamentary procedure, Youth Parliament and Student delegation was composed of two Parliament the personnel of the parliamentary Brazilian Members and a Mexican affairs sector attended presenta- Member. Mr. Mercier was also From December 26 to 30, 2005, ap- tions prepared by colleagues on the aided by Francine Barry, assistant proximately one hundred students, effects of the prorogation of a ses- to the Chief Electoral Officer of Qué- aged 18 to 25 years, came to the sion on the activities of their respec- bec. This is the first election obser- Québec Parliament Building to con- tive units. Also on this session's vation mission organized by the duct a simulation of the proceed- agenda were two presentations: the COPA since this organization ings of the National Assembly first, to make better known the ser- adopted a regulatory framework re- during the holding of the 56th legis- vices provided to Members by the garding the organization of such lature of the Québec Youth Parlia- pages, and the second, to explain missions at its general assembly ment. In the course of this the work organization and the vari- held in Foz do Iguaçu, in May 2005. simulation, students take the seats ous duties carried out by the em- At the initiative of Québec parlia- of the Members, express their opin- ployees of the Service de la séance at mentarians William Cusano, ions, prepare the speeches they will the French National Assembly. Vice-chair of the ERC and Member give in the House, defend their On October 28 and 31, as well as for Viau, and Norman MacMillan, points of view, and are called upon on November 11 and 14, the admin- Member for Papineau, the executive to vote for or against bills. Hence, istrators and professionals of the committee of the Eastern Regional for a very brief legislature, the par- Assembly were invited to attend de- Conference (ERC) of the Council of ticipants of the Youth Parliament velopment sessions on parliamen- State Governments (CSG) voted learn the inner workings of Québec tary procedure, the organization unanimously, last October 22, a res- democracy. and proceedings of the Assembly olution asking the American Gov- The Student Parliament, under and of its committees. The same ernment to postpone the the responsibility of the Assemblée programme will be offered to public enforcement of the Western Hemi- parlementaire des étudiants du servants in the near future. sphere Travel Initiative (WHTI). Québec, aims to make known the Other News This Amercian law, whose first pro- National Assembly and its legisla- visions will come into effect in Janu- tive procedure. Much the same as On November 24, 2005, Michel ary 2007, will require that American the Youth Parliament, this Parlia- and Canadian travellers hold a Bissonnet and Diane Leblanc,re- ment, which faithfully reproduces spectively President and Vice-Pres- passport to cross the Can- the proceedings of the Québec Par- ada-United States border. ident of the National Assembly, liament, is organized and carried officially launched an ambitious On October 17 and 18, 2005, the out by university students aged 25 project on democracy education, Member for Rosemont and Chair- years and under. This year, the stu- Parliaments in high schools. man of the Committee on Public dents met at the National Assembly The Jean-Charles-Bonenfant Administration, Rita Dionne- from January 2 to 6, 2006, for the Foundation, a non-partisan organi- Marsolais, co-chaired in Ottawa the holding of the 20th edition of their zation dedicated to the dissemina- 25th Conference of the Canadian simulation of parliamentary tion of knowledge on parliamentary Comprehensive Auditing Founda- proceedings. institutions, plans to establish in tion, which examined the best prac- high schools actual parliaments that tices, both in Canada and

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 49 will have as a reference the Standing portant democratic exercise, the Se- of the Régie du bâtiment du Québec for Orders of the Québec National Assem- lect Committee distributed a 2004-2005, of the Régie du logement bly. These parliaments, based on the bilingual reflection document, for 2004-2005 and of the Société des student councils defined in the Edu- which is also available on the As- traversiers du Québec for 2003-2004. cation Act and which already exist in sembly's Internet site, in 3,340,000 Diversity of Cultural Expressions high schools, will comprise of a pre- Québec households. mier, ministers and members, all Beginning in January 2006, the Last November, the Committee on elected. The Foundation wishes to Select Committee will hold general Culture tabled in the National As- establish this project in 250 high consultations in 16 cities through- sembly the final report on the order schools within the next 5 years. out Québec, namely: Bécancour, of initiative concerning the diver- There are currently five Québec Gaspé, Gatineau, Joliette, Laval, sity of cultural expressions, which high schools experimenting the pro- Lévis, Longueuil, Montréal, Qué- contains observations, conclusions ject. The project is mainly supported bec, Rimouski, Saguenay, and recommendations. by the Ministère de l'Éducation, du Saint-Jean sur-Richelieu, Sept-Îles, This order of initiative, which Loisir et du Sport, the Fédération des Sherbrooke, Sorel-Tracy and was entered upon in April 2005, in- commissions scolaires du Québec and Val-d'Or. cluded special consultations with the Chief Electoral Officer of Québec. Accountability of Deputy organizations and experts on the Ministers and Chief Executive matter as well as several delibera- Sylvia Ford Officers of Public Bodies tive meetings, including one held Secretariat of the Assembly with Line Beauchamp, Minister of In December 2005, the Committee Culture and Communications. on Public Administration tabled in Committees The Committee report meets the the Québec National Assembly its requirements of section 22.4 of the fifteenth Report on the accountability The Select Committee on the Elec- Act respecting the Ministère des rela- of deputy ministers and chief executive tion Act of the Québec National As- tions internationales,whichstates officers of public bodies, which con- sembly, composed of Members and that important international com- tains observations, conclusions and citizens, officially launched its pro- mitments must be approved by the recommendations. This exercise in ceedings on Tuesday, November 1, National Assembly. 2005, at the Parliament Building. the parliamentary control of the ad- Hence, on November 10, 2005, The terms of reference of the Se- ministrative management of minis- the Assembly gave effect to the lect Committee, which was created tries and public agencies arises from main recommendation of the docu- on June 15, 2005, are to examine var- the Public Administration Act. ment, namely the approval of the ious matters in relation to the elec- Last autumn, the Committee ex- Convention on the Protection and tion procedure, the holding of amined the annual management re- Promotion of the Diversity of Cul- elections, and measures to promote ports of several ministries and tural Expressions that was adopted the participation of the regions, public agencies of the Québec State. during UNESCO's 33rd General women, youth and ethnocultural The Committee report mainly ac- Conference, by a unanimous vote minorities. From November 1 to 11, counts for the public hearings on the takenintheHousefollowinga 2005, the Committee heard the examination of the basic prescrip- two-hour debate on the question. Chief Electoral Officer of Québec, tion drug insurance plan, the The National Assembly thus be- representatives from political par- 2004-2005 annual management re- came the first parliament in the ties recognized under the Election port of the Ministère de la Sécurité world to approve this new Act as well as university experts. publique as well as the 2003-2004 and 2004-2005 annual management re- international agreement. The citizens' committee, compris- ports of the Sûreté du Québec. Equality Between Women and ing of four women and four men Men who take part in the Select Commit- In addition, the Committee re- tee's public meetings, was selected leased the results of the examina- After having been instructed by the by means of a random draw carried tion of the annual management National Assembly to hold a gen- out by a specialty firm out of some reports of the Ministère de eral consultation and public hear- 2300 candidates. l'Agriculture, des Pêcheries et de l'Alimentation for 2003-2004, of the ings on a document prepared by the For the purpose of adequately in- Ministère de la Justice for 2003-2004, Conseil du statut de la femme entitled forming the population of this im- “For a New Social Contract of

50 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006 Equality Between Women and ering the subjects discussed during ing to New Brunswick a total of 65% Men” in November 2004, the Com- its proceedings. of Islanders voted. mittee on Social Affairs tabled in To learn more about the proceed- In a year-end interview with a December 2005 its report containing ings of the parliamentary commit- Charlottetown newspaper, Premier observations and also tabled con- tees and to consult the documents Pat Binns indicated an electoral re- clusions and recommendations, mentioned in this article, please form process may continue after the which rarely occurs with an order of visit the Internet site of the Québec next provincial election. The Pre- the Assembly. National Assembly at the following mier noted that Islanders need time This document, which was re- address: www.assnat.qc.ca. to reflect on the results of the No- quested by Michelle Courchesne, vember 28 plebiscite and reconsider Minister responsible for the admin- Martin Cardinal the most appropriate voting system istration of the Act respecting the Secretariat of committees for the province. Conseil du statut de la femme and re- Translation: Sylvia Ford Auditor General Under Fire for sponsible for the Secrétariat à la condi- Secretariat of the Assembly Releasing Document tion féminine, aims to renew the Government policy on the status of The chairman of the Standing Com- women. mittee on Public Accounts, Ron Within the framework of its pro- MacKinley (North River-Rice ceedings, the Committee received Point), came to the public defense of 107 briefs and 23 opinions on-line the province’s auditor general in from individuals and groups con- February 2006. At issue was the fact cerned with the issue. Of this num- that the auditor general, Colin ber, the parliamentarians heard 75 Prince Edward Island Younker, CA, had provided a copy individuals and groups in the of an executive council memo, course of 14 sittings. n late November 2005, the prov- dated July 2003 and concerning Po- In the conclusions and recom- Iince held a plebiscite on a form of lar Foods International Inc., to the mendations contained in the report, mixed member proportional repre- Standing Committee on Public Ac- the Committee members clearly in- sentation. The question presented counts, at the request of the Com- dicate their desire that the future to electors was: “Should Prince Ed- mittee. The Premier’s chief of staff policy underline the problems faced ward Island change to the Mixed raised concerns in the media as to by women who are doubly discrim- Member Proportional System as the propriety of the conduct of the inated against or who are victims of presented by the Commission on auditor general. Mr. MacKinley multiple discriminations and that it Prince Edward Island’s Electoral stated that he felt compelled to re- put forth solutions in this regard. Future?” A total of 20,515 voters (or spond and said, “Once the commit- 63.58%) answered the question in Highway Safety tee has determined that the auditor the negative; only 36.42% or 11,650 general is in possession of a docu- cast their ballots in favour of change ment–be it an executive council doc- The Committee on Transportation from the first-past-the-post system. ument or some other document and the Environment recently took Because no enumeration of elec- received by the auditor in the con- the initiative to examine highway tors was conducted, and no official duct of his official responsibilities safety in Québec. It wishes to take a list of electors prepared, no official pursuant to the Audit Act–and the closer look at four specific themes, count of electors is available for the committee orders the production of namely the use of cellular phones plebiscite. An approximate idea of the document, the auditor general when driving, excessive speed, mo- voter turnout can be calculated us- recognizes that he has no option torcyclists as well as winter driving ing the 2003 provincial general elec- other than to present the document conditions. Within this framework, tion figure of 97,180 eligible to the committee.” the Committee will hear groups and electors, which translates to a low experts during special consulta- Significant Legislation turnout of approximately 33%. In tions held this winter. Also, it will comparison, in the last provincial invite citizens to take part in an Several significant pieces of legisla- general election, 83.27% of eligible on-line consultation, on its Internet tion received Royal Assent at the voters cast their vote; and during site, by answering an electronic sur- conclusion of the fall 2005 sitting of the 1988 plebiscite on a fixed cross- vey composed of 10 questions cov- the Legislative Assembly:

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 51 • An Act to Amend the Tobacco Sales Speaker Greg Deighan, with the which will result in capital spend- and Access Act (Bill No. 8 ) adds unanimous consent of the House, ing of $247.8 million, was put in pharmacies and retail stores of a certain type to the list of desig- invited Keptin John Joe Sark of the place to provide additional time for nated places in which the sale of Mi’kmaq Grand Council and Chief provincial government depart- tobacco is prohibited. The Act Darlene Bernard of Lennox Island ments and industry to finalize de- also effects amendments in re- First Nation to the floor of the Legis- signs and undertake the tendering spect of the display of tobacco, lative Assembly to present an eagle process. The spending is concen- and the advertisement of the sale or use of tobacco, in places or pre- feather to the Premier Pat Binns; the trated on highways, bridges, and mises in which tobacco is sold or Leader of the Opposition, Robert school construction. offered for sale at retail. The Ghiz; the Minister of Education and change will eliminate the Attorney General, Mildred Dover, Marian Johnston so-called “power walls” of to- as Minister Responsible for Aborig- Clerk Assistant and bacco product displays by June of Clerk of Committees 2006. inal Affairs; and Wilfred Arsenault (Evangeline-Miscouche). The mo- • An Act to Amend the Freedom of In- tion, which urged the Assembly and formation and Protection of Privacy Act (Bill No. 10) adds new provi- all Islanders remember and honour sions to the Act which outline the the significant wartime participa- role of an adjudicator and the pro- tion and sacrifices of the Prince Ed- cess to be followed where the ward Island Mi’kmaq community Commissioner is in a conflict of carried unanimously. interest position. The Act also re- flects the inclusion of the prov- On December 13, 2005, a Special ince’s school boards as public Committee on Prince Edward Is- Northwest Territories bodies under the Act. A final pro- land’s Electoral Boundaries was es- vision requires another view of tablished by motion of the he fourth Session of the Fif- the Act in three years’ time. Legislative Assemby. The Special Tteenth Legislative Assembly sat • An Act to Amend the Farm Registra- Committee was charged with re- from May 25 to June 2, 2005. It re- tion and Farm Organizations Fund- ceiving opinion on the final report convened on October 12, 2005 and ing Act (Bill No. 11) provides that of the PEI Electoral Boundaries an approved farm organization concluded on October 27 with a to- must inform the Registrar before Commission; and was to be com- tal of nine Bills receiving assent: June 7 of each year of all requests prised of six members, two to be for refunds made by farm busi- named by the Leader of the Opposi- • Bill 3, An Act to Amend the Access nesses for the year, and provides tion, and four to be named by the to Information and Protection of Pri- that where a refund of a registra- Premier. The Leader of the Opposi- vacy Act; tion fee has been requested by a • farm business, the Registrar shall tion, Robert Ghiz, has stated pub- Bill 4, An Act to Amend the Educa- cancel the registration of the busi- licly that no Liberal members will sit tion Act; ness. on the committee and, further, that • Bill 5, An Act to Amend the • An Act to Amend the Marriage Act politicians should not be interfering Judicator Act; (Bill No. 12), among other provi- with the work of the independent • Bill 6, Miscellaneous Statutes sions, gives parties some options commission. To date, Mr. Ghiz has Amendment Act 2005; with respect as to how they will not named members of the opposi- • Bill 7, Personal Directives Act; be referred to during the required tion to the special committee and no declarations and statements of a meetings have been scheduled. • Bill 8, An Act to Amend the Revolv- civil marriage ceremony–specifi- ing Funds Act; cally, the alternative of “spouse” Capital Budget has been added to the list of “hus- • Bill 9, Municipal Statutes Amend- band” and “wife.” ment Act; Estimates of capital revenues and • Significant Debates capital expenditures were pre- Bill 10, An Act to Amend the Income Tax Act; and sented to the members of the Legis- On December 2, 2005, there was a lative Assembly by the Provincial • Bill 11, Supplementary Appropria- memorable ceremony in the Legis- Treasurer, Mitchell Murphy,on tion Act No. 2 2005-2006. lative Chamber, prior to debate on a December 9, 2005. This marked the motion honouring veterans of the first fall capital plan in the history of The following Bills received Sec- Island’s Mi’kmaq community. the province. The five year plan, ond Reading in October, were con-

52 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006 sideredbyStandingCommittee, these Bills prior to prorogation in orders have been provisionally and were reported back to the March. changed to remove Replies to the House when the fourth session re- Budgetary Matters Opening Address, Reports of convened in February. Standing and Special Committees and Motions. Standard orders re- Between August 25 and September • Bill 13, An Act to Amend the Finan- main in place for Thursday and Fri- 2, 2005 the Standing Committee on cial Administration Act – This Bill day each week. The changes have Accountability and Oversight held would allow the Government to been introduced on a trial basis and enter into commodity swaps, for- hearings in nine communities to will end upon prorogation of the ward agreements and similar consult northerners and provide Fourth Session of the Legislative transactions for the purpose of opportunity for citizens to influence managing risks relating to petro- Assembly. leum product prices. The invest- the government's planning process, in advance of the business plans Report of the Independent ments would be made in Commission to Review Members accordance with regulations and and budget. This consultation was Compensation & Benefits guidelines established by the Fi- a significant departure from past nancial Management Board. practices and resulted in a pre-bud- TheNWTLegislatureestablished • get consultation report being sub- Bill 14, Public Airports Act – This an Independent Commission to Re- Bill would give the Minister re- mitted to the Legislative Assembly view Members' Compensation in sponsible the authority over a on October 17, 2005. The Govern- number of matters respecting June to examine and make recom- ment of the Northwest Territories public airports, including traffic, mendations on Members' salaries, tabled its preliminary response to commercial activities and user benefits, allowances and expenses the report on February 9, 2006. Al- fees. in accordance with the Legislative though the consultation process • Bill 12, An Act to Amend the Terri- Assembly and Executive Council Act. likely had some impact on the torial Court Act – This Bill makes The Commission, chaired by former 2006-2007 budget it is anticipated changes to both the Judicial Re- Member, Jake Ootes tabled its re- muneration Commission pro- that the 2007-2008 Business Plans port with 42 recommendations on cess, and the disciplinary process will be more significantly affected. for judges. It also makes a num- February 3, 2006. The recommen- Finance Minister Floyd Roland ber of administrative amend- dations are largely intended to en- introduced his third budget of the ments to the Act. hance the transparency, Fifteenth Assembly on February 2, • Bill 15, Court Security Act – A new accountability and public aware- 2006. Members conducted an abbre- Act is proposed to control weap- ness of Members' compensation viated review of the budget in draft ons in court areas, the use of and benefits but also include a estimate form in the Standing Com- equipment such as cameras, cell one-time nine percent increase to phones and recording devices in mittees in January, prior to the bud- the basic and additional indemni- certain restricted zones, and en- gets being finalized. Lively debate try into restricted personnel ties of Regular Members and Minis- on the Main Estimates is expected zones. ters. The majority of the until prorogation on March 2, 2006. • Bill 16, Tobacco Control Act – This recommendations, if adopted by Bill would establish restrictions On February 3, 2006 the House the Assembly, would take effect on the sale and display of tobacco adopted a Motion to introduce upon commencement of the 16th and tobacco accessories, and on “Provisional Rule Changes to Im- Legislative Assembly. smoking in public places. plement Designated Budget Days”. Electoral Boundaries Commission • Bill 17, An Act to Amend the Public These changes include the follow- Colleges Act – This Bill would ing procedural changes: On Mon- change the Public Colleges Act to day, Tuesday and Wednesday each In the October sitting of the Fourth the Aurora College Act to reflect week the House commences sitting Session, the Assembly appointed a that since Division the NWT has at 11:00 a.m. and adjourns at 6:00 three member Electoral Boundaries only had one public college, and Commission pursuant to the Elec- replace general references to pub- p.m.: The time allotted for Minis- lic colleges in that Act and several ter's statements has been reduced toral Boundaries Commission Act. The other Acts with specific refer- from 20 minutes down to 10 min- Commission is chaired by Justice ences to Aurora College and its utes; Supplementary questions, John Vertes and is in the midst of board; during question period, have been public consultation. The Commis- It is anticipated that the House reduced from a maximum of three sion will report its findings and rec- will give consideration to each of down to a maximum of two; and the ommendations to the House in the

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 53 spring. These recommendations are • Bill No. 58, Act to Amend the Su- Committee of the Whole, given not binding. preme Court Act third reading and received Assent. • Broadcast of Session Proceedings Bill No. 60, Act to Amend the Public Despite its quick passage the bill Service Group Insurance Benefit was not without its critics. Opposi- Plan Act tion members argued that the re- The Board of Management has di- • Bill No. 61, Co-operation in Gover- bate contained in the bill was too rected that alternative options for nance Act small and would not benefit the broadcast and rebroadcast of • enough Yukoners. However, they Assembly proceedings be pursued Bill No. 62, Act to Amend the Jury Act did support its passage. in the short term, due to the expiry of the broadcast agreement with the • Bill No. 63, Act to Amend the Fam- Only one private member's bill – Aboriginal Peoples Television Net- ily Violence Prevention Act Bill No. 110, Yukon Smoke-Free Places work (APTN). The Speaker subse- • Bill No. 64, Act to Amend the In- Act – was introduced and given first quently agreed to a trial run of come Tax Act reading during this Sitting. The bill was introduced by an independent Internet web-casting of the Assem- • Bill No. 65, Act to Amend the In- bly and has sought out broadcasting come Tax Act, No. 2 (2005) member, Peter Jenkins (Klondike). agreements with several radio and Unfortunately for Mr. Jenkins the Standing Orders do not allow inde- cable television outlets across the All these bills passed third read- pendent members to call bills or NWT. ing and, with the exception of Bill motions for debate on those days Web-casting through live audio No. 65, received Assent on Decem- when opposition private members and video web streams as well as ar- ber 19. business has precedence. On two chives are now available through Of particular interest are the the Legislative Assembly Website occasions he asked for unanimous Co-operation in Governance Act and consent to proceed with second at: Act to Amend the Income Tax Act, No. http://www.assembly.gov.nt.ca/. reading of Bill No. 110. Unanimous 2 (2005). The Co-operation in Gov- consent was denied both times. ernance Act establishes certain pro- Andrew Stewart cedures and expectations regarding Changes in the Legislature Acting Clerk of Committees interaction among members of the Yukon Forum – the Government of As mentioned in a previous issue of Yukon, self-governing Yukon First this journal the Yukon Legislative Nations and the Council of Yukon Assembly faced the potential expul- First Nations. The Yukon Forum sion of a member due to a criminal provides its members a venue to conviction. On May 13, 2005 discuss issues of common concern Haakon Arntzen (Copperbelt, In- and identify common priorities that dependent) was convicted of three they may reflect in their activities. counts of indecent assault. The Yukon Criticism of the bill had less to do charges, laid in April 2004, related with its content than with what the to incidents that occurred in the he 2005 Fall Sitting of the Yukon opposition parties saw as the gov- 1970s and 1980s. The calls for Mr. TLegislative Assembly began on ernment's lack of commitment to it. Arntzen's resignation began imme- October 27 and ended on December Act to Amend the Income Tax Act, diately upon his conviction. These 19 after 30 sitting days. Ten govern- No. 2 (2005) was remarkable for the calls grew louder when the sentenc- ment bills were introduced during speed with which it became law. ing was postponed. His sentencing this Sitting. These bills were: The bill, which was introduced in was originally scheduled for June response to the rising cost of energy, 27 but was postponed to September • Bill No. 16, Fourth Appropriation provides for a one-time energy re- 7 after he changed lawyers. Some Act, 2004-05 bate of $150 to resident Yukon tax- even called for a special sitting of • Bill No. 17, Second Appropriation payers who are also eligible for the Assembly for the purpose of de- Act, 2005-06 quarterly payments of the Goods claring Mr. Arntzen's seat vacant. This controversy abated on Septem- • Bill No. 57, Act to Amend the Small and Services Tax rebate. The bill Claims Court Act was introduced and given first and ber 9, 2005 when Mr. Arntzen re- second reading on December 1. On signed his seat. December 6 it was reported by

54 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006 However, this controversy then ter the first ballot, but did not re- released in January 2006. This re- gave way to a new one regarding ceive a majority of the votes cast, the port arose from public hearings the date of the by-election to fill the threshold required to win the lead- held February 8 and 9, 2005 regard- vacant seat of Copperbelt. The Elec- ership. Mr. Mitchell was the first ing two reports prepared by the Of- tions Act gives the premier up to six candidate to breach that threshold, fice of the Auditor General of months to call a by-election after a taking 357 of 661 votes cast on the Canada. These reports related to seat has been declared vacant. third ballot. two projects under the auspices of However, given the circumstances Member leaves Cabinet the Yukon Development Corpora- of Mr. Arntzen's resignation many tion – the Energy Solutions Centre felt the seat should be filled sooner and the construction of an electric November 28 was destined to be an rather than later. On October 20, af- power transmission line from Mayo interesting day for the Yukon Legis- ter sustaining criticism, particularly to Dawson City – that incurred sig- lative Assembly as Mr. Mitchell was from the opposition parties, Pre- nificant financial and operational due to be sworn in and take his seat mier Dennis Fentie (Watson Lake, problems. The committee's report in the Chamber. However it became Yukon Party) announced that the will be tabled in the Legislative As- even more interesting when Mr. by-election would be held on No- sembly when it next sits. Jenkins left both cabinet and the vember 21. On February 14 PAC members government caucus to sit as an inde- met with officials from the Office of Three candidates were nomi- pendent member. the Auditor General of Canada, in- nated for the by-election. Arthur The circumstances of Mr. Jenkins' cluding Auditor General Sheila Mitchell represented the Liberal departure are a matter of dispute. Fraser. The purpose of the meeting Party. The New Democratic Party Mr. Jenkins – the Deputy Premier was to discuss ways in which the nominated Maureen Stephens, and government House leader who committee and the Auditor Gen- who had been a candidate in the also held the cabinet portfolios for eral's office could work together to electoral district of McIntyre- Health and Social Services, Envi- ensure the highest levels of fiscal Takhini during the 2002 general ronment, and the Workers' Com- and operational accountability in election. Cynthia Kearns ran for the pensation Health and Safety Board the Government of Yukon. governing Yukon Party. Mr. Mitch- – said his departure was due to a ell won the by-election, taking 49.62 lack of progress on important issues Legislative Exchange with Alaska percent of the votes cast. Voter affecting his electoral district since turn-out was 58.34 percent, as com- the Yukon Party assumed power in On February 21 a delegation of pared to 73.84 percent in the 2002 2002. Premier Fentie, however, as- MLAs, led by Speaker Ted Staffen, general election. Mr. Mitchell was serted that Mr. Jenkins' leaving was departed Whitehorse for the As- sworn in as the new Member for precipitated by his refusal to repay sembly's annual legislative ex- Copperbelt on November 28 and money loaned to his business inter- change with the Alaska State took his seat in the Assembly the ests by the Government of Yukon Legislature in Juneau. The ex- same day. and which are now overdue. change, done under the auspices of Mr. Mitchell had become Liberal Irrespective of the reasons for Mr. the Yukon Branch of the Common- leader following a convention held Jenkins' departure, his newfound wealth Parliamentary Association, June 4, 2005. The leadership race at- status as an independent member began in 1982 and alternates be- tracted four candidates, including: leaves the governing Yukon Party tween Whitehorse and Juneau. The Pat Duncan, who was Premier of with a reduced majority in the As- purpose of the exchange is to allow Yukon from 2000-2002; Mr. Mitch- sembly. In the November 2002 gen- legislators in each jurisdiction to be- ell, an unsuccessful candidate for eral election the Yukon Party took come more familiar with each other the party in the electoral district of 12 of 18 seats, a majority of six. and their different political systems, Copperbelt in the 2002 general elec- However with Mr. Jenkins' move and to promote dialogue on issues tion; Ed Schultz, a former grand and Mr. Mitchell's election that ma- of mutual concern. Joining Speaker chief of the Council of Yukon First jority is now two. Staffen were the Deputy Speaker, Nations; and Elvis Presley, a Ross Patrick Rouble (Southern Lakes, Standing Committee on Public River-based musician and head- Accounts Yukon Party); cabinet minister stone maker. Ms. Duncan, a mem- Archie Lang (Porter Creek Centre); ber of the Assembly since 1996 and The third report of the Standing the leader of the official opposition, leader of the party since 1997, led af- Committee on Public Accounts was Todd Hardy (Whitehorse Centre,

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 55 NDP); and Mr. Mitchell. The dele- tive Assembly. However, the status ferred to the Committee after first gation was accompanied by Floyd of the NDP remained the same be- reading in the House. Following 4 McCormick, Deputy Clerk of the cause, on June 13, 2005, the House days of public hearings, the bill was Legislative Assembly. The delega- ordered that the New Democratic amended in Committee and re- tion returned to Whitehorse on Feb- Party Caucus be afforded the status ported back to the House for second ruary 23. of Recognized Party in respect of all reading. Upon receiving second procedural and administrative mat- reading, it was referred back to the Floyd McCormick ters pending the outcome of an Standing Committee on General Deputy Clerk eventual by-election in the riding of Government for further Toronto-Danforth, at which time consideration. the terms of the Standing Orders The Standing Committee on Jus- shall apply. tice Policy examined Bill 211, An Act On January 4, 2006, Coulter to amend the Human Rights Code and Osborne, Integrity Commissioner, certain other Acts to end mandatory re- responded to the request by John tirement. After public hearings, the Tory, Leader of the Official Opposi- bill was amended in Committee tion, on whether Harinder Takhar, and reported back to the House for Ontario Minister of Transportation, had third reading. breached the Members' Integrity Act The Standing Committee on the or Parliamentary convention. Mr. Legislative Assembly conducted he Second Session of the 38th Osborne concluded in his report to public hearings on, and clause by Parliament adjourned on Thurs- T the Legislative Assembly that the clause consideration of, Bill 16, An day, December 15, 2005 until Mon- Minister was in breach of the Act Act respecting the Duffins Rouge Agri- day, February 13, 2006. In the fall and recommended the Member be cultural Preserve. The Bill was re- session, the Legislature passed a reprimanded. Mr. Takhar was the ported back to the House without number of bills including Bill 214, third Member in history to be found amendments. Pursuant to the Or- An Act to amend the Election Act, the in breach of the Act and this was the der of Reference received from the Election Finances Act and the Legisla- first time that the Integrity Commis- Speaker, the Committee com- tive Assembly Act, to repeal the Rep- sioner recommended a sanction. menced its ongoing review of the resentation Act, 1996 and to enact the use of technology in the Chamber. Representation Act, 2005. The bill Committees Under the Committee's permanent provides fixed dates for provincial mandate with respect to the office of general elections and terms of ap- The Select Committee on Electoral Ombudsman Ontario, the Commit- proximately four years. Barring an Reform, as part of its deliberations, tee held an introductory meeting earlier dissolution, the next Ontario travelled to Victoria and Vancouver with the new Ombudsman, André provincial election will be on Octo- (BC), Stuttgart (Germany), Edin- Marin. ber 4, 2007. burgh (Scotland) and Dublin (Ire- When the federal general election land) to review different electoral The Standing Committee on So- was called for January 23, 2006, PC systems. The committee Members cial Policy examined Bill 210, An Act Members John Baird,MPPfor were very fortunate to arrive in Ger- to amend the Child and Family Services Nepean-Carleton, and Jim many on the day of the federal elec- Act and make complementary amend- Flaherty,MPPforWhitby-Ajax, tion and were invited to watch the ments to other Acts. Four days of and NDP Member, Marilyn results come in at the state parlia- public hearings were held prior to Churley, MPP for Toronto- ment buildings along with state the Christmas recess with Danforth, resigned to run for seats party officials and elected members. clause-by-clause scheduled for Feb- in the House of Commons. After their return to Toronto, the ruary when the House resumed. With the resignation of Ms. Committee tabled its final report in Before the Legislature adjourned Churley, the NDP caucus dropped the House on November 29, 2005. for the winter, the House autho- to seven Members, one short of the The Standing Committee on Gen- rized the Standing Committee on required eight as prescribed in the eral Government held public hear- Finance and Economic Affairs to Standing Orders for the status of ings on Bill 206, An Act to revise the meet to consider matters relating to “Recognized Party” in the Legisla- Ontario Municipal Employees Retire- Pre-budget consultations 2006; the ment System Act. The Bill was re- Standing Committee on General

56 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006 Government to consider Bill 27, An hearings in Toronto and travelled to Other significant changes include Act to amend the Arbitration Act, Simcoe, Chatham and Thunder Bay. Pat Atkinson assuming responsi- 1991, the Child and Family Services Clause-by-clause study of the bill bility for the new Department of Act and the Family Law Act in connec- was scheduled for February when Advanced Education and Employ- tion with family arbitration and related the House resumed. ment and John Nilson moving to matters, and to amend the Children's The Standing Committee on So- the Environment portfolio. Law Reform Act in connection with the cial Policy held seven days of public Maynard Sonntag adds the Crown matters to be considered by the court in hearings during the winter recess in Investment Corporation to his du- dealing with applications for custody Toronto, London, Ottawa and ties while Buckley Belanger takes and access, and Bill 206, An Act to re- Thunder Bay to consider Bill 36. In over Community Resources. Harry vise the Ontario Municipal Employees addition, videoconferences and Van Mulligen is the new Govern- Retirement System Act; the Standing teleconferences were used to extend ment Relations Minister while An- Committee on Justice Policy to con- the reach of the Committee and to drew Thomson will head up the sider Bill 21, An Act to enact the En- accommodate witnesses who were Finance ministry. Deb Higgins ergy Conservation Leadership Act, unable to appear in any of the loca- moves to Learning, David Forbes to 2005 and to amend the Electricity Act, tions that the Committee visited. Labour, Len Taylor to Health and 1998, the Ontario Energy Board Act, Clause-by-clause consideration of Joan Beatty to Northern Affairs. 1998 and the Conservation Authorities the bill was also scheduled for Feb- The remaining ministers, Clay Act; and the Standing Committee on ruary when the House resumed. Serby (Deputy Premier), Eldon Social Policy to consider Bill 36, An Lautermilch (Highways and Trans- Act to provide for the integration of the Katch Koch portation) Eric Cline (Industry and local system for the delivery of health Committee Clerk Resources) Mark Wartman (Agri- services. culture and Food), Frank Quennell The Standing Committee on Fi- (Justice), Graham Addley (Healthy nance and Economic Affairs com- Living Services) remain in their pri- menced its Pre-Budget mary portfolios with minor changes consultations in December 2005 in in their additional duties. Toronto and travelled to Atikokan, Saskatchewan Party member Timmins, Cornwall, Niagara Falls, Brenda Bakken Lackey has submit- Sarnia, Kitchener-Waterloo in the ted her letter of resignation to the New Year before concluding its Speaker, effectively February 28th. hearings in Toronto in February Saskatchewan Provincial law requires that a 2006. by-election for the constituency of The Standing Committee on Gen- remier Lorne Calvert unveiled a Weyburn - Big Muddy be called eral Government examined Bill 27. Pnew cabinet on February 3rd fol- within six months. This Bill, originally referred to the lowing a wide sweeping reassign- Centennial Anniversaries Standing Committee on Justice Pol- ment of portfolios. The shuffle was icy, was discharged, and referred to preceded by two ministers indicat- WhiletheProvinceofSaskatche- the Standing Committee on General ing that they did not intend to seek wan celebrated its centennial in Government. The Bill creates a new re-election and would be leaving 2005, 2006 will mark the centennial regime for Ontario family arbitra- cabinet. Joanne Crofford and Peter of a number of Legislative Assem- tions by making amendments to the Prebble will continue to sit in the bly firsts. Arbitration Act, 1991 and the Family government caucus. Premier February 14th will be the one Law Act and removing religious Calvert introduced only two new hundred anniversary of the ap- based arbitration in Ontario. Public members of his cabinet. Former pointment of the first Clerk, Samuel consultations were held; the bill Government Whip, Kevin Yates, Spencer Page. Mr. Page was an was amended in Committee and was sworn in as the Minister of Cor- English immigrant who arrived on reported back to the House for third rections and Public Safety and Dep- the prairies in 1882. He served as a reading. uty Government House Leader. Member of the Northwest Territo- The Standing Committee on Jus- Former Speaker Glenn Hagel re- ries Legislative Assembly for eight tice Policy began its public consulta- turns to cabinet in the Culture, years before serving as clerk from tions on Bill 21 with two days of Youth and Recreation portfolio. 1901 to 1905. He assumed the clerk-

SPRING 2006 /CANADIAN PARLIAMENTARY REVIEW 57 ship of the new provincial Assem- immigrants settle on the unbroken Assembly Staff bly the following year at a sessional prairie enable him to “settle” both salary of $500. He served as clerk people and things – experience that The Legislative Assembly is bid- for seventeen years. In 1909 his du- came in use during his time as ding adieu to two long serving em- ties were expanded to include re- Speaker. Speaker MacNutt's chair ployees. Gary Ward,the sponsibility for neglected, infirm was presented to the Assembly in Assembly's first and only Director and incorrigible children. For these 1965 and restored in 1978. Speaker of Broadcast Services, retired at the additional duties, his salary was in- Myron Kowalsky continues to use end of 2005 after twenty-three years creased to $2000 per annum. Over the MacNutt chair today. of service. Mr. Ward was hired in the past century, these additional This year will also mark the sixti- 1982 to establish a broadcast unit duties have been dropped and re- eth anniversary of the first broad- following the Assembly's 1980 deci- placed with a range of cast of the Assembly proceedings. sion to televise its proceedings. Mr. administrative, procedural and The Saskatchewan Legislative As- Ward oversaw the hiring of two ceremonial responsibilities. sembly was the first in Canada to do broadcast technicians and the de- On the eve of the first Opening of radio broadcasts and second only to velopment of a distribution net- the Saskatchewan Assembly, the New Zealand in the Common- work. The network grew from an first Sergeant-at-Arms was ap- wealth. The broadcast was by radio initial eight cities linked by cable in pointed on March 28th, 1906. Dan- and covered a portion of the sitting 1983 to the 120 centers currently iel Brown had been employed as an day. This method of broadcasting reached by satellite and further a accountant in the public works de- continued until 1983 when the Leg- field by web casts. The broadcast partment of the Territorial Govern- islative Network began gavel to began with gavel to gavel coverage ment. His appointed to the gavel television coverage of the pro- of House proceedings and now Sergeant's position was in recogni- ceedings of the Assembly and its includes all committee proceedings tion of his status as the most senior committees. as well. After twenty-four years of note- “in years” of all employees of the It is tentatively planned to mark worthy service as Saskatchewan's government. He received an annual the centennial anniversaries in the tenth and longest serving Legisla- salary of $960. There have been thir- Assembly on March 29th, which is tive Librarian, Marian Powell will teen Sergeants-at-arms since Mr. the centennial of the first meeting of be retiring at the end of April 2006. Brown who continue to carry the the Assembly in 1906. original Mace. Mrs. Powell joined the library in Committee Business 1982 following the report of the Spe- The commencement of the first cial Committee on the Review of the session of the First Legislature of the For the first time, a legislative com- Legislative Library. Her first task province began with the selection of mittee will be conducting public was to implement the new mandate the first Speaker. The Honourable hearings on a bill referred out after as outlined in the 1981 report. In Thomas MacNutt represented the receiving first reading. The Stand- subsequent years, Mrs. Powell Saltcoats region from 1902 until ing Committee on Human Services oversaw much advancement in li- 1921, first in the Territorial Assem- will hold three days of hearings on brary and information services with bly, then in the Saskatchewan As- Bill No. 12 – The Consumer Protection a particular focus on responding to sembly and finally in the Canadian Amendment Act, 2005. This process the needs of individual Members House of Commons. Mr. MacNutt was made possible under the Rule while maintaining the accessibility combined operating the family farm changes adopted in 2004. The com- of the library to the civil service and with justice of the peace and coroner mittee will hear presentations from general public. duties. He also served in the militia stakeholders and members of the where he participated in the 1866 public and then prepare a report for Margaret (Meta) Woods Fenian Raids and the 1885 Riel Rebel- the spring sitting of the Assembly. Clerk Assistant lion. It was said that his experience as a colonizer assisting European

58 CANADIAN PARLIAMENTARY REVIEW / SPRING 2006