Legislative Reports

New Auditor General and her the House, and called for Special Report the establishment of a Select Committee on Developmental On September 13, 2013, Services. Bonnie Lysyk became the 13th Auditor General of , The motion affected both succeeding Jim McCarter, government bills (five) and private member’s public Ontario who’d held the post for the nine previous years. Ms. Lysyk is bills (three) whose proposed the former Auditor General of measures include: a ban on n September 9, 2013, the and previously the sale of tanning services to OHouse resumed sitting after the Deputy Auditor General and minors; consumer protection the summer adjournment and Chief Operating Officer for the with respect to wireless the five new MPPs, elected in the Office of the Auditor General of contracts; the promotion of local August 1 by-elections, took their . food products; an amendment seats in the Chamber for the first to the Regulated Health Professions In October, Auditor General time. The House made changes to Act respecting an exception for Lysyk presented her first report the memberships on Committees, health professionals to treat a to the Legislature, a Special to include all of the new mem- spouse; and carbon monoxide Report on the Oakville Power bers. However, a new vacancy in safety. Plant Cancellation Costs, which the membership of the House was her predecessor had commenced Any of these bills that receive created when Kim Craitor, MPP at the request of the Premier. Third Reading shall be presented for Niagara Falls, resigned his The report concerned a contract to the Lieutenant Governor for seat on September 24. to build a gas-generation Royal Assent by December 13. facility in Oakville that had Financial Accountability Office Committees been awarded by the Ontario On the first day of the Power Authority (OPA) to On October 3, 2013, as fall sitting, the government TransCanada Energy Ltd. (TCE) part of a timetable motion, introduced legislation to create and executed in October 2009. the Select Committee on a Financial Accountability Office An April 2013 report by the Developmental Services was (FAO), as ordered by the House former auditor general addressed struck. The Committee’s in May, through the passage of the cancellation and relocation mandate is to consider and a motion to apply a timeline to of a gas plant in Mississauga. report its observations and the consideration of the Budget The Standing Committee on recommendations with respect bill. The bill respecting the FAO Justice Policy is continuing its to the urgent need for a was amended by the Standing examination into matters relating comprehensive developmental Committee on the Legislative to both gas plant projects. services strategy to address Assembly which, in its the needs of children, youth deliberations, had called Kevin Programming Motion and adults in Ontario with an Page as a witness, the first federal On October 3 the House intellectual disability or who Parliamentary Budget Officer. passed a motion that a timetable are dually diagnosed with an The bill was passed by the House be applied to the consideration intellectual disability and a on September 25 and received of certain business of the House. mental illness, and to coordinate Royal Assent on September 26. The motion determined the the delivery of developmental progress of eight bills through programs and services across

50 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 many provincial ministries. The Committee considered The Committee also The motion prescribes that the and amended Bill 30, An Act to considered Bill 36, An Act to Committee shall present an regulate the selling and marketing enact the Local Food Act, 2013. The interim report no later than of tanning services and ultraviolet Committee held public hearings February 26 and a final report light treatments for tanning, which on October 8 and 22 and clause- no later than May 15, 2014. The prohibits the selling of tanning by-clause consideration on Committee is composed of 4 services to persons under 18. The October 29, 2013. Government members, three bill had the support of all parties Official Opposition members and and received Royal Assent on Sylwia Przezdziecki two Third Party members. Laura October 10. The Committee Committee Clerk Albanese was elected Chair and further considered Bill 60, the Christine Elliott was appointed Wireless Services Agreements Act Vice-Chair at the Committee’s which, if passed, would govern first meeting on October 23, 2013. wireless agreements in the The Standing Committee on province. General Government tabled The Standing Committee on its Report on the Review of the Government Agencies completed Aggregate Resources Act. The two agency reviews—a review review, which included visits of the Liquor Control Board of to numerous pits and quarries Ontario and of the Workplace across Southern Ontario and one Safety and Insurance Board—and on Manitoulin Island in Northern tabled both reports. New Brunswick Ontario, began with public The Standing Committee hearings in the spring of 2012. on Public Accounts continued n September 19, 2013, On September 30, the its consideration of the 2012 Premier an- Committee held public hearings Special Report of the Office of O nounced a significant reorganiza- on Ontario Regulation 237/13, the Auditor General of Ontario tion of his cabinet. Paul Robi- concerning an industry-wide on Ornge Air Ambulance and chaud became Minister of Natural rate reduction target in the Related Services. The Committee Resources, while automobile insurance industry. is still holding hearings as well as became Minister of Public Safety The Committee’s authority continuing report writing on the and Solicitor General. to review the regulation is a issue. took on a new statutory provision contained The Committee also role as Minister of Economic in the Automobile Insurance Rate considered Sections 4.14 Development and Minister Stabilization Act, 2003, which Unfunded Liability of the responsible for Invest New was amended in a schedule Workplace Safety and Insurance Brunswick. Danny Soucy became to the Prosperous and Fair Board of the 2011 Annual Report Minister of Environment and Ontario Act (Budget Measures), of the Office of the Auditor Local Government while Jody 2013, to include a 15 per cent General of Ontario as well as Carr became Minister of Post- reduction target in the average Section 3.08 Long-term-care Secondary Education, Training of the authorized rates that Home Placement Process of and Labour. may be charged by automobile the 2012 Annual Report of the insurers. Regulations made Office of the Auditor General of Marie-Claude Blais became under this provision stand Ontario. Minister of Education and Early permanently referred to the Childhood Development and The Standing Committee Standing Committee on General became Minister of on Social Policy continued its Government which may examine Justice. Hugh Flemming became study relating to the oversight, them with particular reference Attorney General in addition monitoring and regulation of to whether they are reasonable to his continuing responsibility non-accredited pharmaceutical in the circumstances and with as Minister of Health. Robert companies. The Committee respect to such other matters Trevors was appointed Minister continued to hear from witnesses as the Committee considers of Human Resources. appropriate. and commenced report writing.

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 51 Québec-New Brunswick new copper roofing; restoration Conflict of Interest Parliamentary Association of the building’s masonry Commissioner façade; refurbishment of the The New Brunswick Alfred R. Landry was recently legislative dome and existing Legislative Assembly hosted the sworn in as the new Conflict exterior sculptures; repair of fourth meeting of the Québec- of Interest Commissioner. He various areas of the interior New Brunswick Parliamentary succeeds Patrick A. A. Ryan, of the building, including the Association from September who has served as Commissioner Chamber; dismantling and 27 to 29, 2013. This Association since 2005. Commissioner reconstruction of the granite was established in 2004 in order Landry was appointed a Judge steps at the main entrance; to strengthen the close ties that of the Court of Queen’s Bench and fabrication of copper exist between the Québec and of New Brunswick in 1985 and ornamentation and decorative New Brunswick Legislatures served in this capacity until cast railings. To ensure that the and to provide a regular forum his retirement in 2011. On the restoration work respected the for meetings between the two unanimous recommendation of heritage value of the building, Assemblies. the Legislative Assembly, he was the Standards and Guidelines for the appointed Commissioner under The New Brunswick Conservation of Historic Places in the Members’ Conflict of Interest delegation consisted of Speaker Canada was adopted as the model Act, effective September 1, 2013. Dale Graham, Deputy Speaker conservation philosophy. Further Carl Urquhart and Members improvements are scheduled for Fourth Session , Denis next year. Landry, Hèdard Albert, John The fourth session of the th Betts and Carl Killen. The Portrait unveiling 57 Legislative Assembly is scheduled to open on November Québec delegation consisted On October 18, 2013, the 5, 2013. This will be the final of Speaker Jacques Chagnon portrait of the former Lieutenant session before the provincial and six additional delegates, Governor, Herménégilde election, scheduled for September including four Members of the Chiasson, was unveiled in the 22, 2014. The current distribution National Assembly. Throughout foyer of the Legislative Assembly. of seats is 41 Progressive the three-day conference, The official unveiling was hosted Conservative Members, 13 delegates examined various by Speaker Graham. Joining His Liberal Members and one topics of mutual interest to both Honour in attendance was the Independent Member. jurisdictions, such as the energy current Lieutenant Governor challenges both provinces will and Graydon Nicholas Mrs. Rose Campbell face over the next 20 years. Beth Nicholas, Premier Alward, Clerk Assistant and Committee Clerk Upgrade to the Legislative and the portrait’s artist Stephen Grounds May, in addition to various other guests. The grounds of the Legislative The Legislative Assembly Assembly were extensively houses the portraits of former upgraded throughout late New Brunswick Lieutenant summer and early fall. Existing Governors dating back to the late pathways were replaced and 1800s. Following the unveiling of landscaping was significantly the portrait, guests were invited improved, resulting in an to the Legislative Library for inviting and cohesive outdoor a reception. Mr. Chiasson was House of Commons space. These improvements the 29th Lieutenant Governor stemmed from recommendations of New Brunswick and served st from the Building Master Plan he first Session of the 41 in that role between 2003 and commissioned in 2005. TParliament was prorogued on 2009. Additionally, he is a noted September 13, 2013. The second These exterior upgrades Acadian artist and playwright. Session began on October 16, follow extensive restoration 2013. The information below cov- work to the 125 year old main ers the period from August 1 to legislative building, including: October 31, 2013.

52 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 Speech from the Throne establishment of a new system of On October 21, the House permanent residence in Canada. adopted Government Business Governor-General David Unanimous consent was denied. Motion No. 2, which had the Johnston delivered the Speech Debate continued until October effect, amongst other things, of: from the Throne on October 29, 2013, when questions were adopting a mechanism for the 16, in the Senate Chamber, in put on the amendment and the reinstatement of government the presence of the assembled second reading motion. The Bill bills from the previous session; Justices of the Supreme Court, was adopted at second reading directing the Standing Committee Senators, Members, and other and referred to the Standing on Procedure and House Affairs dignitaries and guests. The Committee on Finance. (PROC) to examine the issue of theme of the Throne Speech transparency and accountability was “Seizing Canada’s Moment – Pursuant to provisions of with a view to replace the Board Prosperity and Opportunity in an Government Business Motion No. of Internal Economy (BOIE) Uncertain World.” Contrary to 2 and at the request of a Minister, with an independent oversight recent practice, the debate on the some government bills identical body and study possible future Address in Reply to the Speech to bills from the previous Session practices by re-adopting an order from the Throne did not start were deemed to have been of reference from the previous before the House adjourned the considered and approved at all session; extending the right first sitting day. stages completed at the time of prorogation: Bill C-6, An Act to one Independent Member Supply and Legislation to implement the Convention on to participate as a non-voting Member in the hearings of PROC On October 16, after the House Cluster Munitions; Bill C-7, An Act to amend the Museums Act in order regarding BOIE; recreating the had agreed to the motion for Special Committee on Violence the designation of a continuing to establish the Canadian Museum of History and to make consequential Against Indigenous Women from order of supply, the Speaker the previous session; and making informed Members that the amendments to other Acts; Bill C-8, An Act to amend the Copyright changes to the Parliamentary number of allotted days for the calendar for 2013. Supply period ending December Act and the Trade-marks Act and 10 would be adjusted. Since the to make consequential amendments Points of Order House had sat fewer days than to other Acts; and Bill C-9, An Act On October 16 Opposition scheduled, five days instead respecting the election and term House Leader Nathan Cullen of seven were allotted for this of office of chiefs and councillors rose on a point of order regarding period. of certain First Nations and the composition of council of those First the length and complexity of On October 22, Bill C-4, A Nations.” Government Business Motion second act to implement certain No. 2. He believed that since provisions of the budget tabled in Motions the motion contained 13 parts Parliament on March 21, 2013 and On October 17, a motion was that were capable of standing other measures, was introduced adopted calling for the Senate alone, they should be debated in the House and read a first to unite with the House to and voted on independently. time. The following day during present an Address to the Queen On October 17, the Speaker second reading debate of the Bill, on behalf of the Parliament of ruled that, since the threshold Peggy Nash moved a reasoned Canada offering congratulations for dividing the motion had not amendment. Between October 24 on the birth of her great- been met, the motion would be and 28, unanimous consent was grandson, Prince George. The debated as a whole. However, sought to divide Bill C-4, A second motion also provided that a due to concerns expressed about act to implement certain provisions Message of congratulations be the reinstatement of government of the budget tabled in Parliament on sent by the Speaker, on behalf bills, the Speaker informed the March 21, 2013 and other measures, of the House, to Their Royal House that a separate vote would either to withdraw clauses Highnesses the Duke and be held on that part of the motion relating to the appointment of Duchess of Cambridge upon the and other sections of the motion Supreme Court justices, the joyful occasion of the birth of a would be voted on together. public sector employee relations son to Their Royal Highnesses. and changes to workplace health and safety regulations or the

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 53 Questions of Privilege House: it must be proven that Del Mastro is now recognized the statement was misleading; as a Conservative Independent On October 17, Craig Scott it must be established that the Member for Peterborough. rose on a question of privilege member making the statement regarding the dispute between On October 17 the Minister of knew at the time that the Elections Canada and James International Development and statement was incorrect; and, Bezan. The question of privilege Minister for La Francophonie, that in making the statement, had originally been raised in Christian Paradis along with the member intended to mislead the previous Session by Scott Jean Rousseau (Compton— the House. The Speaker ruled Andrews and found to be Stanstead), that he could not find procedural prima facie on June 18, 2013, on (Papineau) and Jean-François grounds for a prima facie case of the grounds that there was a Fortin (Haute-Gaspésie—La privilege. lack of clear process when the Mitis—Matane—Matapédia) House had to deal with issues Private Members’ Business rose to pay tribute to the victims arising from subsection 463(2) of the Lac-Mégantic disaster. of the Canada Elections Act. The On October 16, the Speaker Tributes were followed by a Speaker had added that this made a statement on the moment of silence. lack of process did not satisfy reinstatement of Private the needs of the House, nor the Members’ Business in accordance Julie-Anne Macdonald needs of the individual Members with Standing Order 86.1. Table Research Branch concerned and that he believed Items that were listed on the Order Paper it would be helpful to the whole at prorogation House and to the Speaker if were deemed to have been the Standing Committee on considered and approved at all Procedure and House Affairs stages completed at the time were to examine the issue with of prorogation. Furthermore, a view to incorporating relevant four bills standing originally in provisions in the Standing the name of Members recently Orders. The Speaker immediately appointed as Parliamentary ruled that this was still a prima Secretaries who, by virtue of facie question of privilege and, their office, are not eligible he National Assembly re- accordingly, Mr. Scott moved to propose items during Tsumed its proceedings on that the matter be referred to the consideration of Private September 17, 2013, as provided the Standing Committee on Members’ Business remained in for in the Standing Orders. Dur- Procedure and House Affairs. the possession of the House or its ing the very first week of work, The motion was agreed to committees, without sponsors. Bill 57, An Act in response to the without debate. On October 23, unanimous railway disaster in Ville de Lac-Mé- consent was sought and obtained gantic, was introduced and all the On October 30, the Speaker to discharge the four orders for stages of the bill were considered ruled on the question of privilege consideration or for reference with the unanimous consent of raised by Charlie Angus on and withdraw the bills. the Assembly. This bill contains October 17, regarding alleged measures intended to enable Ville misleading statements made Other Matters de Lac-Mégantic to meet certain by the Prime Minister during On August 31, Merv Tweed needs, ensure safety and reorga- Oral Questions. Mr. Angus the Member of Parliament for nize its territory in order to facili- argued information revealed Brandon—Souris resigned his tate a return to normal life and the by an RCMP investigation in seat. By-elections were called resumption of normal activities July contradicted answers the for this riding, as well as for the following the railway disaster of Prime Minister gave during vacant ridings of Bourassa (QC), July 6 and postpones until 2015 Oral Questions. In his ruling, Provencher (MB) and Toronto the general election scheduled for the Speaker reminded members Centre (ON), for November 25. 2013 for the town council and the of the benchmarks established office of warden of Municipalité by practice for establishing On September 18, Maria régionale de comté du Granit. that a member is in contempt Mourani became an Independent for deliberately misleading the Member for Ahuntsic. Dean

54 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 Rulings and directives from the The Chair stated that President’s Medal, the highest Chair regardless of the manner in form of recognition awarded by which persons are called upon the National Assembly of Québec. On September 18 the Chair to give testimony before a gave a directive regarding The result of a collaborative committee, by simple invitation modifications to the distribution effort between the National or subpoena, the fact remains of certain measures and speaking Assembly of Québec, the that when they take part in times. These modifications were National Assembly of France parliamentary proceedings, necessary owing to changes in and Laval University’s Research persons have the duty to fully the composition of the Assembly. Chair on Democracy and cooperate and tell the truth. It is Oral Questions and Answers, Parliamentary Institutions, therefore important to remember Statements by Members as well the Québec-France Comparative that the act of giving false or as speaking times for two-hour Parliamentarism distance course, incomplete answers to questions limited debates were modified to was made available online for asked by Members constitutes, take into account the presence of the first time ever on September at first glance, interference with a third independent Member. 13, 2013. This university course, the exercise of the duties of the the first of its kind, is innovative On September 26 the Chair Assembly as well as contempt of in that it presents a unique gave a ruling on the point of its authority and dignity. approach to analyzing Québec privilege or contempt raised by and French legislatures. Its the Second Opposition Group Composition and parliamentary dynamic, web-based platform House Leader on June 14, 2013, offices takes a new comparative look in which he invoked that the Two Members of the Québec at both parliamentary systems chief executive officer of the Liberal Party handed in their through the use of videos Fondation du Centre hospitalier resignation in recent months: featuring experts and exercises de l’Université de Montréal Emmanuel Dubourg, Member highlighting their similarities and (CHUM) had been in contempt of for Viau, on August 9; and distinctive characteristics. Parliament. The latter allegedly Raymond Bachand, Member infringed the rights of the for Outremont, on September Sylvia Ford Assembly by providing false 13. Since the resumption of Parliamentary Proceedings or incomplete testimony to the proceedings, the composition Directorate Committee on Health and Social of the Assembly is as follows: Committees Services, on June 11, thereby Parti Québécois, 54 Members; failing to comply with section Québec Liberal Party, 48 On August 14 the Committee 55(2) of the Act respecting the Members; Coalition Avenir on Public Finance continued National Assembly. Québec, 18 Members; three its special consultations on the During his testimony before independent Members, including report entitled “Innovating for a the Committee on Health two Members of Québec Solidaire Sustainable Retirement System”. and Social Services, the chief and a third Member without any When the consultations were executive officer of the Fondation affiliation to a political party; and initiated last June, the Committee du CHUM categorically stated two vacant seats. had heard a committee of that he was unaware of certain experts who came before the Other events facts, while the day after this Committee to present the report’s testimony, the Committee On September 18, the conclusions to the Members. received documents indicating National Assembly welcomed With the hearings held in August, that he indeed had knowledge His Excellency Abdou Diouf, 42 persons and organizations of them. As the facts submitted Secretary General of the will have been heard on the in support of the point of law or Francophonie. During his subject, and 61 briefs were privilege could raise doubts as visit, Mr. Diouf addressed tabled. The exchanges between to the veracity of his testimony, the parliamentarians of the the parliamentarians and the the Chair ruled that the point of 40th Legislature in the National persons invited to appear before privilege was, at first glance, in Assembly Chamber. On this the Committee concerned the order. same occasion, the President of overall recommendations of the the National Assembly, Jacques committee of experts and certain Chagnon, awarded Mr. Diouf the proposals made by the groups

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 55 that were heard. The Committee Institutions, for its part, heard On October 1, the Committee report was tabled in the Assembly the Lobbyists Commissioner; on Agriculture, Fisheries, Energy last September 17 and contains the Committee on Labour and and Natural Resources concluded three recommendations. the Economy heard the Chief its special consultations during The Committee on Public Executive Officer of the Conseil de which it heard 48 individuals and Finance also heard five groups gestion de l’assurance parentale, groups concerning Bill 43, Mining within the framework of special who came before the Committee Act. Bill 43 proposes a new consultations on Bill 41, An Act to to discuss her management of Mining Act. amend the Public Service Act mainly the Parental Insurance Fund and with respect to staffing. This bill her administrative management Dany Hallé makes changes to the staffing as well as the examination of the Parliamentary Proceedings report on the implementation Directorate process, which replaces the Committees Service notions of competitions and lists of the Parental Insurance Act; of candidates declared qualified and, finally, the Committee on with the concepts of qualification Public Administration heard the processes and banks of qualified Commission administrative des persons. régimes de retraite et d’assurances (CARRA). The Committee on Culture and Education, for its part, The Committee on Health held special consultations and and Social Services commenced public hearings on the document special consultations on Bill 52, entitled “Consultation paper on An Act respecting end-of-life the regulation of retail prices of care. Over 50 individuals and new printed and digital books.” organizations were scheduled he 3rd Legislative Assembly The Committee received 39 to give their opinion on this bill Twas dissolved on Septem- briefs and heard 42 groups, during the 13 days of hearings ber 22, 2013. The Chief Electoral organizations and citizens held between September 17 Officer issued writs of election during the six days of hearings and October 10, 2013. The bill, on September 23, 2013. The 4th held between August 19 and which is a follow-up to the Select general election was held on September 19, 2013. At the end of Committee report on Dying with October 28, 2013. This was the this mandate, the Committee held Dignity, aims to ensure that first general election to be held a deliberative meeting and made end-of-life patients are provided under the territory’s new electoral two observations. The members care that is respectful of their boundaries. The number of seats unanimously recognized that dignity and their autonomy in the Legislative Assembly has certain independent bookstores and to recognize the primacy increased from 19 to 22. in Québec are in a difficult and of wishes expressed freely and A number of incumbents did precarious situation and that it clearly with respect to end-of- not stand for re-election. Retiring is urgent to try to maintain the life care. It specifies rights with Members were James Arreak, independent bookstores of our respect to end-of-life care, in Moses Aupaluktuq, Tagak cities, towns and districts to particular by affirming the right Curley, John Ningark, Daniel prevent them from disappearing. of everyone to end-of-life care Shewchuk, Louis Tapardjuk and The Committee report was tabled that is appropriate to their needs. . in the Assembly on September 25, The bill also establishes specific 2013. requirements for certain types of At the close of nominations, end-of-life care, namely terminal two incumbents were declared During this period, the palliative sedation and medical acclaimed: , MLA committees carried out several aid in dying. It prescribes the for Kugluktuk and Jeannie orders of surveillance of criteria that must be met for a Ugyuk, MLA for Netsilik. The agencies. The Committee on person to obtain medical aid in successful candidates in the 4th Citizen Relations heard the dying and the requirements to be general election were: Public Curator regarding the complied with before a physician • () examination of his policy may administer it. directions, activities and • Steve Mapsalak () management; the Committee on • George Qulaut ()

56 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 • George Kuksuk (Arviat North- The first item of business was Management and Services Board. Whale Cove) the selection of the Speaker. Speaker Tootoo appeared before • (Arviat George Qulaut was acclaimed to the Committee of the Whole on South) the position. the occasion of its clause-by- • Simeon Mikkungwak (Baker Three Members accepted clause consideration of the bill. Lake) nominations to serve as Premier: Both the Nunavut Elections Act • Keith Peterson (Cambridge Mr. Taptuna, Mr. Okalik and and the Plebiscites Act fall under Bay) Mr. Quassa. Each candidate was the jurisdiction of the Legislative • (Gjoa Haven) permitted to deliver a 20-minute Assembly itself. • (Hudson speech. Members not standing The Representative for Bay) for Premier were permitted to Children and Youth will be • Monica Ell (Iqaluit- ask up to two questions to the an independent officer of the Manirajak) candidates. In a secret ballot Legislative Assembly. The • (Iqaluit- vote, Mr. Taptuna was elected legislation will come into force on Niaqunnguu) as Premier on the first round of a day or days to be fixed by order • Paul Okalik (Iqaluit-Sinaa) balloting. of the Commissioner of Nunavut • George Hickes (Iqaluit- A total of ten Members on the recommendation of the Tasiluk) accepted nominations to serve Management and Services Board. • Johnny Mike (Pangnirtung) on Cabinet. Caucus had earlier A total of 127 bills were • Isaac Shooyook () announced that the Cabinet will passed during the life of the 3rd • Tom Sammurtok (Rankin Inlet consist of nine members (Premier Legislative Assembly. North-Chesterfield Inlet) and eight Ministers). Appointment of Integrity • (South The following Members Baffin) Commissioner were elected to Cabinet: Mr. • Joe Enook () Okalik, Mr. Quassa, Ms. Ell, Mr. On September 9, 2013, As a consequence of tie votes Kuksuk, Mr. Mike, Mr. Peterson, the Legislative Assembly in the constituencies of Rankin Mr. Sammurtok and Ms. Ugyuk. unanimously approved a motion Inlet South and , recommending that J.E. (Ted) rd judicial recounts were held on Final sitting of 3 Assembly Richard be appointed Integrity November 5, 2013. Following the The final sitting of the 3rd Commissioner of Nunavut for a recounts, Samuel Nuqingaq was Legislative Assembly was held five-year term of office. declared the successful candidate from September 5-17, 2013. Seven Mr. Richard served as a Judge in Uqqummiut. A by-election will bills received Assent during the of the Supreme Court of the be held for the constituency of sitting: Northwest Territories, the Court on February • Bill 32, An Act to Amend the of Appeal of the Northwest 10, 2014. Legal Services Act; Territories and the Court of On November 15, 2013, • Bill 40, Representative for Appeal of the Yukon from 1988- Members-elect gathered in the Children and Youth Act; 2012. He served as a Judge of the Chamber of the Legislative • Bill 58, Public Service Act; Nunavut Court of Justice and Assembly for the convening of • Bill 64, An Act to Amend the the Court of Appeal of Nunavut the Nunavut Leadership Forum. Liquor Act; from 1999-2012. He served as the By convention, the Forum • Bill 66, Plebiscites Act; Chairperson of the 1997 and 2011 Nunavut Electoral Boundaries consists of all Members of the • Bill 68, Supplementary Legislative Assembly, and is Appropriation (Capital) Act, No. Commissions. Mr. Richard served used to conduct the selection 3, 2013-2014; and as a Member of the Legislative process for the Speaker, Premier • Bill 69, Supplementary Assembly of the Northwest and members of the Executive Appropriation (Operations and Territories from 1984-1988. Maintenance) Act, No. 2, 2013- Council (Cabinet) of Nunavut. Order of Nunavut The Forum’s proceedings were 2014. open to the public to observe Bill 66, the proposed new The 2013 investiture ceremony from the Visitors’ Gallery Plebiscites Act, was introduced for the Order of Nunavut and were televised live across under the authority of the was held in the Chamber Nunavut. Legislative Assembly’s of the Legislative Assembly

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 57 on September 12, 2013. The commenced its annual province- Assembly website. ceremony was presided over by wide budget consultations, On October 9, 2013, the Select Speaker Tootoo in his capacity seeking input from individuals Standing Committee on Public as Chairperson of the Order of and organizations on the 2014 Accounts held its first full-day Nunavut Advisory Council and provincial budget. Contributions orientation session. The session Commissioner in her to the consultation process was organized to support capacity as Chancellor of the were submitted at seventeen the committee as it prepares Order of Nunavut. public hearings in communities to tackle a heavy workload. The Order of Nunavut Act came around the province, at video Technical briefings were given into force on January 1, 2010. conference sessions in a further by CCAF-FCVI representatives, The objective of the Order is to five communities, through senior officials from the offices recognize individuals who have completion of an on-line Budget of the Auditor General and the made outstanding contributions Consultation Paper 2014 survey, or Comptroller General, as well to the cultural, social or economic through audio, video or written as by the Deputy Clerk and well-being of Nunavut. The submission to the Committee’s Clerk of Committees. Topics Order is the highest honour of consultation website. covered included roles and Nunavut and takes precedence This year’s consultation responsibilities of the Public over all other orders, decorations process resulted in 676 Accounts Committee, best or medals conferred by the submissions — 263 responses practices and effectiveness. Government of Nunavut. to the Budget Consultation Constituency Assistants Seminar In June of this year, the Order Paper 2014 survey, 170 written of Nunavut Advisory Council submissions, and 243 public On September 25 and 26, 2013, announced the 2013 recipients hearing submissions. The the Assembly’s first Constituency of the Order: Messrs. Jimmy Committee’s report on the results Assistants Seminar was held in Akavak of Iqaluit, Louis Angalik, of the budget consultations were the Legislative Chamber. The Sr. of Arviat and Davidee to be made public no later than program focused on financial Arnakak of Pangnirtung. November 15, 2013, in accordance and administrative management with section 2 of B.C.’s Budget practices, with training sessions Alex Baldwin Transparency and Accountability on accounting software, internal Office of the Legislative Assembly of Act. and external audit processes, and Nunavut On September 24, 2013, the inventory and asset management. all-party Legislative Assembly These sessions were offered to Management Committee (LAMC) familiarize constituency assistants held its first meeting in the 40th with the tools required to provide Parliament. LAMC agreed on efficient support for their MLAs actions to strengthen public and to manage their offices in disclosure and accountability to the parliamentary environment. British Columbians, including In addition, attendees were expanded quarterly reporting provided with an overview of on Members’ travel expenses, Assembly services and resources, quarterly disclosure of Members’ including the new Members’ Orientation 2013 website, British Columbia compensation, disclosure of Members’ constituency office which contains comprehensive expenses, and the publication of information on constituency th he first sitting of the 40 Par- quarterly independent, audited office set-up, travel guidelines, Tliament adjourned on July 25, financial statements for the first and MLA remuneration. The 2013. The House did not recon- time. The Committee’s decisions two-day seminar was attended by vene in the fall. were designed to fulfil its approximately 120 constituency commitment for full disclosure office staff from across the Committee Activity of Assembly expenses and province. On September 10, 2013, the liabilities. The information on Select Standing Committee on MLA remuneration and expenses Finance and Government Services is posted on the Legislative

58 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 Other Matters House, the home of Prince caucus on October 3, 2013. Mr. Edward Island’s Legislative Perry had briefly been Leader of On September 18, 2013, Official Assembly and a national historic the Official Opposition, following Opposition Leader Adrian site. No significant restoration the resignation of Olive Crane Dix announced that he would has been undertaken for the past from that position in January be stepping down as leader several decades and weather- 2013. He was Opposition House of the B.C. New Democratic related stresses have taken Leader at the time he switched Party. His resignation would be their toll on the structure. The political parties. The next day, effective following a leadership renovations are meant to get October 4, 2013, Ms. Crane was convention. the building ready for 2014 expelled from the Opposition Women’s History Month Exhibit celebrations, which will mark the Caucus. She was first elected sesquicentennial of the meetings to the Legislative Assembly Speaker Linda Reid hosted the of the Fathers of Confederation in in a 2006 by-election, and Parliamentary official launch of the Charlottetown. subsequently re-elected in the Trailblazers exhibit celebrating provincial general elections of the achievements of B.C.’s first Engraving Donated 2007 and 2011. Elected leader female Parliamentarians, on The Legislative Assembly of the Progressive Conservative October 2, 2013. The exhibit was of Prince Edward Island Party in 2010, she resigned that timed to coincide with Women’s recently received a donation position in early 2013. Ms. Crane, History Month, celebrated in of a framed Edward Scriven who represents the district of Canada each October since engraving of Prince Edward, Morell-Mermaid, will sit as 1992, and was on display in the Duke of Kent (1834). The an Independent Progressive Assembly Reception Hall. donation by the Tidridge family Conservative. of Waterdown, Ontario, was Aaron Ellingsen As a result of these events, Ron Wall made to honour well-known the standings in the House Committee Researchers historian, Catherine Hennessey are 23 Liberal seats, three for her extraordinary efforts Progressive Conservative seats, in preserving and interpreting and one Independent Progressive Island history, heritage and Conservative. built architecture. With Ms. Hennessey in attendance, Marian Johnston Professor Thomas H. B. Symons Clerk Assistant and Clerk of presented the engraving on Committees behalf of the Tidridge Family at a special ceremony on October 11, 2013. The work is of special Prince Edward Island significance to the Legislative Assembly of Prince Edward Island as the legislature of St. he Fourth Session of the Sicty- John’s Island voted to change the TFourth General Assembly colony’s name to Prince Edward opened on November 12, 2013, Island on November 29, 1798. with the Speech from the Throne The Act received Royal Assent by delivered by Lieutenant Governor King George III on February 2, H. Frank Lewis. The Third Ses- 1799, and came into effect on June sion of the Sixty-fourth General 3 of that year. Manitoba Assembly was prorogued on Caucus Activity November 8, 2013. he Second Session of the 40th The Opposition Caucus Province House Renovations TLegislature continued with its underwent significant change emergency session throughout the Work is continuing on the in the month of October. Hal summer months and adjourned much-needed repairs to the Perry, Member of the Legislative on September 13th, 2013. This was foundation, mortar, stone facing, Assembly for Tignish-Palmer in fact the longest summer session windows and roof of Province Road, left to join the government on record bringing the total num-

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 59 ber of sitting days between April for Manitobans Act, which are offered the opportunity to and September to 85. enables the establishment have the infant screened for of accessibility standards hearing loss. Sessional Order to achieve accessibility for • Bill 211 – The Personal Manitobans disabled by Information Protection and Flowing from negotiations barriers and also requires the Identity Theft Prevention Act, between the parties relating to government, municipalities which governs the collection, the unfinished business before and prescribed public sector use, disclosure and destruction organizations to prepare of personal information by the House, a sessional order annual accessibility plans. was passed on September 11, organizations in the private • Bill 28 – The Health Services sector. It also establishes a 2013, laying out a number of Insurance Amendment and duty for those organizations provisions for sitting dates and Hospitals Amendment Act to notify individuals who may the consideration of items over (Admitting Privileges), which be affected when the personal the next few months, including: amends The Health Services information the organization Insurance Act and The Hospitals has collected is lost, stolen or • Deadlines for the completion Act to allow hospitals to grant compromised. of consideration of legislation admitting privileges to nurse • Bill 301 – The Jewish Foundation in committee and in the practitioners and midwives. House; to be concluded prior of Manitoba Amendment Act, to the September adjournment • Bill 43 – The Manitoba Liquor which requires the board of date; and Lotteries Corporation Act the Foundation to establish and Liquor and Gaming Control a distribution policy and to • Directions for the consideration Act, which establishes the give the Foundation sufficient of legislation in committee Manitoba Liquor and Lotteries authority to carry out that intersessionally, to be Corporation by amalgamating policy. concluded prior to November The Liquor Control 13, 2013; Commission and the Manitoba Reasoned Amendment and • Commencement of the 3rd Lotteries Corporation. Also the Report Stage Amendment Session on November 12, Gaming Control Commission Motions 2013 with the Speech from the and the regulatory elements Throne; of The Liquor Control On August 27, 2013 Kelvin Commission are combined • Directions and deadlines for Goertzen moved a hoist and continued as the Liquor the consideration of all 2nd amendment to delay the and Gaming Authority of Session reinstated legislation, Manitoba. concurrence and third reading to be concluded before the of Bill 20 – The Manitoba Building 3rd Session adjourned on The 2nd Session had a total December 5, 2013. and Renewal Funding and Fiscal of 21 bills that received Royal Management Act (Various Acts • Spring session to resume on Assent including the following March 6, 2014. Amended) for six months. Since bills as set out by the sessional this Bill is reinstated to the 3rd As a result of this agreement, order: Session at the current stage that the House will continue • Bill 18 – The Public Schools it was at in the previous session, consideration of 35 government Amendment Act (Safe and it will now appear on the House nd Inclusive Schools), which bills reinstated from the 2 agenda for continuation of Session during this upcoming fall amends the Act in the areas of bullying and respect for human concurrence and third reading session, including the following diversity. debate. bills: • Bill 33 – The Municipal Since mid-August, another • Bill 20 – The Manitoba Building Modernization Act (Municipal 42 report stage amendments on and Renewal Funding and Fiscal Amalgamations), which permits Management Act (Various Acts the minister to recommend that various bills were considered by Amended), which exempts a municipality be amalgamated the House; however, only three the referendum requirement if it has a population of report stage amendments to Bill in The Balanced Budget, Fiscal fewer than 1,000 residents 33 – The Municipal Modernization Management and Taxpayer and enables the Lieutenant Act (Municipal Amalgamations) Accountability Act in order Governor in Council to make to increase the PST by 1 per regulations amalgamating were passed. cent and enacts measures to municipalities. provide a sustainable funding Standing Committees • Bill 208 – The Universal Newborn source for the renewal of Hearing Screening Act, which infrastructure. Manitoba Standing ensures that parents or Committees have been very • Bill 26 – The Accessibility guardians of a newborn infant active during these past

60 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 few months. The Standing • – Minister of , former Minister Committee on Human Resources Mineral Resources. of Healthy Living, Seniors and Social and Economic • Eric Robinson – remained as and Consumer Affairs and Development met on 11 separate Minister of Aboriginal and , former occasions from September 3 to Northern Affairs. Minister of Immigration and 11, 2013 to consider legislation, • – Minister of Multiculturalism are were no hearing 320 public presentations Health. longer part of the Executive and receiving over 150 written • - newly appointed Council. submissions. During the as Minister of Labour and Immigration. month of October, another Resignation 11 intersessional Standing • Florfina Marcelino – Minister of Multiculturalism and On October 18, 2013, Larry Committee meetings were held Literacy. Maguire resigned as the MLA to consider various matters as • Gordon Mackintosh – for Arthur-Virden to seek the follows: remained as Minister of nomination as the Conservative • Standing Committee on Crown Conservation and Water Party of Canada candidate in Corporations met to consider Stewardship. the Brandon-Souris federal by- the Annual Reports from the • – newly election. First elected in the 1999 Manitoba Hydro-Electric appointed as Minister of general election, Mr. Maguire Board, Manitoba Liquor Education and Advanced served as critic for the official Control Commission, Manitoba Learning. Lotteries Corporation, opposition in a number of areas, Manitoba Public Insurance • Jennifer Howard – Minister including conservation and water of Finance and continues Corporation and the Workers stewardship and also served for Compensation Board; as Minister responsible for Persons with Disabilities. a short period as Chair of the • Standing Committees on Public Accounts Committee. Human Resources and Social • Kerri Irvin-Ross – Minister of and Economic Development Family Services On October 26, 2013 Jon met to consider legislation, • – remained as Gerrard, who has led the hearing another 67 public Minister of Children and Youth for the presentations. Opportunities, and also became past 15 years, handed over the • Standing Committee on Public Minister responsible for City of relations. reins to Rana Bokhari, who won Accounts met to consider the Manitoba Liberal leadership. several reports from the • – Minister Auditor General covering a of Housing and Community Mr. Gerrard has announced his variety of topics including, the Development. intentions to stay on as the MLA Provincial Nominee Program • – Minister of for River Heights until the next for Business; Manitoba Early Agriculture, Food and Rural provincial general election. Learning and Child Care Development. Program and the Office of the The current party standings Fire Commissioner. • – Minister of the in the Manitoba Legislature newly established department are: NDP 37, Progressive A grand total of 46 separate of Tourism, Culture, Sport and Standing Committee meetings Consumer Protection. Conservatives 17, one nd Independent Liberal and two occurred during the 2 Session of • – newly the 40th Legislature. appointed as Minister of vacancies. Healthy Living and Seniors In accordance with the Cabinet Shuffle • –Minister of sessional order, the 3rd session On October 18, 2013, Premier Municipal Government. of the 39th Manitoba Legislature announced a • – remained as commenced on November 12, reorganisation of the current Minister of Infrastructure and 2013, with the Speech from the Cabinet along with new Transportation. Throne. appointments replacing three • – formerly former Ministers. The new responsible for Health is now Monique Grenier the Minister of Jobs and the Cabinet is set out as follows: Economy. Clerk Assistant / Clerk of Committees • – remained as Minister of Justice and As result of the recent Attorney General and will also Cabinet shuffle, , serve as Government House former Minister of Education, Leader.

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 61 2nd session of the 47th General contesting the leadership of the Assembly. The Spring sitting party. Eddie Joyce, MHA, Bay of concluded on May 16, 2013 with Islands, was appointed Leader of the House passing six bills before the Official Opposition, pro tem. rising. The House resumed for its Fall sitting on November 4, 2013. Report of Commissioner for Legislative Standards Changes in the Legislative Newfoundland and The House of Assembly Assembly Labrador Accountability, Integrity and On April 8, Yvonne Jones, Administration Act , which was remier , MHA, Cartwright-L’Anse au unanimously passed by the Pshuffled her cabinet on Clair resigned her seat in order House of Assembly in June 2007, October 25, 2013. The changes in- to contest the by-election in includes provisions relating cluded the addition to Cabinet of the federal riding of Labrador. to ethics and accountability. as Minister of Munici- Ms. Jones had represented the These provisions were invoked pal Affairs and Intergovernmental provincial district since 1996. in September of 2012 when a Affairs and Dan Crummell as On June 25, 2013 Lisa Member lodged a complaint Minister of Service NL. Dempster was elected in the against another Member of the House relating to conflict The following have changed Cartwright-L’Anse au Clair of interest. As required by the portfolios: Tom Marshall, by-election and took her seat in legislation, the Commissioner for Minister of Finance, Joan Shea, the House on November 4. On Legislative Standards undertook Minster of Environment and August 27, 2013, Tom Osborne, an investigation and in August Conservation; Paul Davis, MHA, St. John’s South, who had reported that, in his view, the Minister of Child, Youth and left the Progressive Conservative Member had violated the Act in Family Services, Kevin O’Brien, caucus in September 2012 to sit failing to complete an accurate Minister of Advanced Education as an Independent, announced disclosure statement and had and Skills, Charlene Johnson that he was joining the Official violated the Members’ Code Minister of Innovation, Business Opposition. of Conduct in failing to take and Rural Development, Derrick On October 2, 2013, Minister reasonable steps to remove Dalley Minister of Natural of Finance Jerome Kennedy, himself from a conflict of interest Resources, , resigned his seat of Carbonear- situation in a timely manner. Minister of Fisheries and Harbour Grace to return to the The Commissioner stated, Aquaculture and Nick McGrath, practice of law. The by-election however, that the evidence did Minister of Transportation and for the District was set for not demonstrate any financial Works and Minister responsible November 26, 2013. gain on the part of the Member for Labrador and Aboriginal On October 29, 2013 Dale and recommended that the MHA Affairs. Kirby, MHA, St. John’s North, be reprimanded by the House The following Ministers and Christopher Mitchelmore, for the failures, the least severe retained their portfolios: Terry MHA, The Straits-White Bay of four penalty provisions of the French, Minister of Tourism, North, left the New Democratic legislation. On November 7th the Culture and Recreation, Darin Party Caucus to sit as House, by Resolution, concurred King, Minister of Justice, Clyde Independents. with the Commissioner’s findings Jackman, Minister of Education and asked that the Member and Susan Sullivan, Minister of Leader of the Official Opposition apologize to the House, which he Health and Community Services. The Liberal Party of did. New Lieutenant Governor Newfoundland and Labrador elected Dwight Ball, MHA Elizabeth Murphy On March 19, 2013, Frank F. Humber Valley as its leader on Clerk Assistant Fagan was installed as Lieutenant November 17, 2013. Mr. Ball Governor of Newfoundland and had been appointed Leader of Labrador succeeding John C. the Opposition effective January Crosbie. On March 25, 2013 the 2012, but relinquished the Lieutenant Governor opened the position in July 2013 as he was

62 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 to the province in 2012. The motions. The committee also Lieutenant Governor appointed recommended a new rule to Rick Mantey, Clerk of Executive restrict the use of “omnibus Council to serve as the first Usher bills,” which will codify an of the Black Rod. important Assembly convention. These recommendations were Special Committee on Traffic adopted by the Assembly on Safety November 7, 2013 and came into On August 30, 2013, the force on November 12, 2013. Special Committee on Traffic Board of Internal Economy Safety tabled its final report. The Special Committee on On September 30, 2013, the Saskatchewan Traffic Safety report contained Board of Internal Economy 26 recommendations. The approved the Steering he 3rd session of the 27th recommendations cover many Committee’s directive review TLegislature began with the aspects of traffic safety, including and proposed changes. This Speech from the Throne by impaired driving, distracted process began on December Lieutenant Governor, Vaughn driving and excessive speed, 14, 2011, when the Board of Solomon Schofield on October addressing intersection safety Internal Economy appointed 23, 2013. The Throne Speech, and wildlife collisions, and a sub-committee to carry out a entitled Meeting the Challenges of improving public safety messages comprehensive review of the Growth, focused on the govern- and awareness campaigns. directives. This review focused ment’s commitment to “ensure all The Minister responsible for on directives relating to the Saskatchewan people share in the Saskatchewan Government operation of constituency offices benefits of a growing economy.” Insurance (SGI), Donna and MLA travel and living The themes of the Throne Speech Harpauer reported on November expenses. 7, 2013 that SGI will move included investments into health Special Debates care, education, traffic safety and forward with legislation this fall highways. to implement more than half of On November 6, 2013, the recommendations from final Premier Brad Wall moved a The Opposition argued report. government motion “That this that the Throne Speech Assembly supports the abolition The Rules and Procedures did not address the needs of the .”This of Saskatchewan families. The Standing Committee motion was debated and then According to the Opposition, the on House Services appointed agreed upon. The government Throne Speech failed to address a sub-committee on December House Leader, Jeremy Harrison the shortfalls in health care, 7, 2011, to study and make then moved a motion that seniors’ care and education, nor recommendations on revisions “the Speaker, on behalf of did it provide any new plans to to The Rules and Procedures the Legislative Assembly, diversify the economy. of the Legislative Assembly of transmit copies of the motion Usher of the Black Rod Saskatchewan. On November 7, and verbatim transcripts of the 2013 the committee proposed motion just passed to the Prime The opening of this session many new rules that put in Minister of Canada and the marked the inaugural use of the writing for the first time long- Leaders of the Opposition parties Saskatchewan Black Rod. The established practices that have in the House of Commons as well Black Rod is a legacy from The governed proceedings. Some as the Premier of each Canadian Queen’s Diamond Jubilee. It is examples are new rules for province and territory.” carved from oak grown in the ministerial statements, the Duchy of Cornwall woodlands. On November 13, 2013, oral presentation of petitions, Premier Wall moved a The wood was presented to the scope of debate for the 75 the Province of Saskatchewan government motion “That Minute Debate, the treatment this House supports the by His Royal Highness The of amendments, proceedings Prince of Wales during his visit agreement in principle for the on Appropriation Bills, the Comprehensive Economic and Chamber galleries, and dilatory

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 63 Trade Agreement (CETA) reached Committees. As a part of this presentations from the Yukon by the Government of Canada newly created position, Ms. Chamber of Commerce, as well and European Union and calls Lloyd also serves as a Clerk-at- as from a group called Yukoners on all federal parties to support the-Table. Ms. Lloyd comes to Concerned About Oil and Gas. the swift implementation of the the Yukon Legislative Assembly The letter also referenced some agreement.” This motion was from the Senate of Canada, where of the Committee’s future plans, debated and then agreed upon. she had served as a Procedural including a visit to a hydraulic Clerk – most recently, with the fracturing site in the Calgary Rob Park Committees Directorate, and area in January 2014, and public Committee Clerk previously, with the Chamber proceedings that month in the Operations and Procedure Office. Assembly’s Chamber in which the Committee anticipates Select Committee – Hydraulic receiving presentations from Fracturing industry, environmental groups, The Select Committee academics, public health officers, Regarding the Risks and regulators, and First Nation Benefits of Hydraulic Fracturing representatives. (described in Yukon’s “Fall 2013” Yukon The Committee’s mandate Legislative Report) continued its (outlined in Motion #433, carried work. In open letters released May 6, 2013) requires that the n October 31st, the 2013 Fall over the past few months, Patti Committee report its findings to OSitting of the First Session McLeod, Chair of the six-member the Legislative Assembly no later of the 33rd Legislative Assembly Committee, provided updates than the 2014 Spring Sitting. resumed. The Sitting was sched- on the Committee’s plans and uled to last a maximum of 28 activities. Linda Kolody sitting days, ending by December An August 9th open letter noted Deputy Clerk th 19 at the latest. that Committee members were Cabinet Shuffle “focused on their responsibility to gain an understanding On August, four of the eight of Yukon’s legislative and ministers forming Premier regulatory framework relevant Darrell Pasloski’s cabinet took to the oil and gas sector, and a on different responsibilities. science-based understanding of Elaine Taylor assumed the technical, environmental, responsibility for Education; Brad economic and regulatory aspects Cathers assumed responsibility of hydraulic fracturing.” for Community Services, the An open letter dated Alberta Yukon Housing Corporation, September 24th indicated that the Yukon Liquor Corporation, in the pursuit of this goal, the th st and the Yukon Lottery he 4 sitting of the 1 Ses- Committee would be receiving th Commission; Scott Kent assumed sion of the 28 Legislature comprehensive briefings T responsibility for Energy, Mines resumed on October 28, 2013. from Yukon’s Departments of and Resources, the Yukon Energy The first new piece of legislation Environment; Energy, Mines and Corporation, and the Yukon introduced in the Assembly was Resources; and Justice; as well Development Corporation; and Bill 27, Flood Recovery and Recon- as from the Yukon Water Board, Currie Dixon had the Public struction Act. Developed in the and the Yukon Environmental Service Commission added to his aftermath of the summer floods, and Socio-Economic Assessment responsibilities. which devastated communities Board. around Alberta, particularly in Clerk of Committees The Committee Chair’s the southern part of the province, st On September 18th, following November 1 open letter noted this bill would amend both the a two-week orientation period that in addition to having Emergency Management Act and in August, Allison Lloyd took received these briefings, the the Municipal Government Act. It up full-time duties as Clerk of Committee had also received proposes to ban further develop-

64 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 ment in most floodways, provide introduction in the Assembly. a four-year wage settlement funding for flood mitigation, dou- However, he went on to between the Government and ble the amount of time for which emphasize that his ruling should the Alberta Union of Public a provincial state of emergency not be interpreted as reducing Employees (AUPE) if no other may be in effect, and place notices restrictions on providing detailed agreement can be reached on land titles for properties in information on Bills not yet by January 31, 2014. The bill flood-prone areas indicating that before the Assembly. He went would implement a wage freeze they had received disaster as- on to caution that should any for the first two years of the sistance following the June 2013 advertising of a Bill occur it agreement followed by a one floods and would therefore not should be undertaken with per cent increase in years three be eligible for future Government great caution so as not to give and four. Additionally, Bill 46 assistance. the impression that the Bill was would provide that full-time already law. He then went employees receive an $875 lump Questions of Privilege on to reinforce the convention sum payment. The Government On the second day of the new of confidentiality of Bills on and the AUPE have been without sitting, October 29, 2013,Shayne notice in order to ensure that all an agreement since March 31, Saskiw, Member for Lac La Members of the Assembly could 2013. The AUPE has applied for Biche-St. Paul-Two Hills, raised a be well informed and to respect compulsory arbitration. purported question of privilege the role that the Assembly plays Speaker’s Ruling regarding the Government’s in the parliamentary system. public advertising of a Bill that As the sponsor of Bill 206, Bills 45 and 46 had not been presented to the Tobacco Reduction (Flavoured Assembly. The Bill in question, Bills 45 and 46 received First Tobacco Products) Amendment Bill 32, the Enhancing Safety on Reading on November 27, 2013, Act, 2013, Christine Cusanelli, Alberta Roads Act, was on the as protesters voiced their Member for Calgary-Currie, sent Order Paper but had not been opposition outside the Chamber. a letter to the Speaker requesting introduced in the Assembly when The volume of the protest that Bill 206 proceed immediately the media articles and public was loud enough that when a to Third Reading after completing signage appeared. Mr. Saskiw Member rose to raise a question consideration in Committee argued that the Government about the distribution of the Bills, of the Whole. On November was in contempt for breaching the Speaker was at first unable to 18, 2013, the Speaker made a the rights of the Members of the hear the question. statement regarding requests for Legislative Assembly and tabled Bill 45, the Public Sector Services early consideration of Private copies of media articles and a Continuation Act introduces Members’ Public Bills. The sign referencing Bill 32 in support increased penalties for unions Speaker acknowledged that on of his position. involved an illegal strike or strike many occasions Private Members’ Public Bills had proceeded from Two days later, Speaker threat. It includes measures Committee of the Whole to Third Gene Zwozdesky addressed introducing civil liabilities on the purported question of unions for the cost of a strike Reading in the same day. In privilege. Before ruling on the to the employer and requires certain cases this was due to matter the Speaker referenced the union to pay $1 million for a sponsor’s request for early previous decisions made in the each day of the strike or strike consideration while at other times Legislative Assembly of Alberta threat into a court-established it was done with the unanimous as well as rulings by former liability fund. It also enables consent of the Assembly. Citing Speaker Milliken in the House other financial repercussions on his concern that the progress of of Commons. Ultimately the unions, including a three-month other Private Members’ Public Speaker found that there was no suspension on the collection of Bills could be unfairly delayed the Speaker asked the House prima facie question of privilege union dues for the first day of regarding the advertising of a strike or strike threat, with an Leaders to work together to agree Bill 32 because there was no additional month added for each upon an equitable procedure finding that the Bill had been day of the strike. that could be used for similar situations in the future. The provided in its final form to the Bill 46, the Public Service Salary media or other entity prior to its Speaker then indicated that the Restraint Act would legislate progress of Bill 206 would be

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 65 decided by the House. Later that Assembly which confirmed that reappointment when his five- afternoon, once consideration by the motion was in order. The year term expired on November the Committee of the Whole was request for unanimous consent 18, 2013, but that he would complete, a request was made to proceed was made to the remain in office for an additional of the Assembly to permit Bill Assembly but was not granted. six months, as permitted by 206 to proceed to Third Reading. legislation. It is anticipated Unanimous consent was not Special Guest in the Chamber that the Standing Committee on granted. On November 28, 2013, Legislative Offices will request David Alward, Premier of New that the Assembly appoint an all- Report of the Conflicts of Brunswick, was invited to speak party search committee, prior to Interest Act Review Committee to Members the Legislative the completion of the fall sitting, On November 19, 2013, Assembly of Alberta from the and task it with identifying and the Chair of the Select Special floor of the Chamber. Introduced recommending a successor to Mr. Conflicts of Interest Act by Premier Alison Redford, as a Wilkinson. Review Committee,Jason “friend to Alberta” and a “great On November 20, 2013, Luan, Member for Calgary- Canadian,” Premier Alward the all-party Select Special Hawkwood, presented the addressed the Assembly in both Chief Electoral Officer Search Committee’s final report to English and French. During his Committee completed its the Legislative Assembly. The presentation Premier Alward mandate and unanimously release of the report fulfilled commented on the importance recommended to the Assembly the Committee’s mandate and of responsible resource that Glen L. Resler be appointed the legislative requirement that development, cooperation the next Chief Electoral Officer the Act be reviewed every five among Canadian governments, of Alberta. Mr. Resler, most years. The report included 44 the potential benefits of the recently the Chief Administrative recommendations pertaining Energy East pipeline, and the Officer with the Office of the to the Act and had attached development of a National Ethics Commissioner, has over 20 minority reports from each of the Energy Strategy. years of experience in Alberta’s three opposition parties. In Alberta it is not common public service. The Committee’s In an attempt to have the for non-Members to address recommendation was accepted Committee’s report, and the the Assembly from the floor by the Assembly on November minority reports attached to it, of the Chamber, and Premier 21, 2013, and it is anticipated that debated by the Assembly, Rachel Alward is the first individual to Mr. Resler will begin his new role Notley, Member for Edmonton- do so since the beginning of the on December 9, 2013. Strathcona, who had served as 28th Legislature. The last non- a member of the Committee, Member to speak to the Assembly Jody Rempel made a motion under Standing was Rick Hansen, who has Committee Clerk Order 42 that the “Legislative addressed the Assembly for the Assembly receive the final report second time in March 2012 on the of the Select Special Conflicts of occasion of the 25th anniversary Interest Act Review Committee as of Man in Motion Relay. Other tabled.” Under Standing Order 18 guests to address the House motions for the receipt of a report include former Governor General are debatable and Standing Order Michaelle Jean, Prince Michael Northwest Territories 42 allows for a motion to be made of Kent, and Her Majesty Queen without notice in the case of Elizabeth II. he 4th Session of the 17th Leg- “urgent and pressing necessity” Officers of the Legislature Tislative Assembly reconvened with the unanimous consent of on October 17, 2013. The princi- the Assembly. After Ms Notley On November 15, 2013, pal business of the House includ- presented her arguments in Alberta’s third Ethics ed the introduction and passage favour of the motion the Speaker Commissioner, Neil R. of the capital budget for the fiscal noted that a motion of this nature Wilkinson advised the Standing year 2014-2015, as well as four was “rare” and made a few Committee on Legislative Offices supplementary appropriation explanatory comments to the that he would not be seeking bills. The House also considered

66 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 a total of 17 pieces of legislation, throughout the territory to did support the bill and the all receiving assent from George receive submissions. For the first motion to report the bill as ready Tuccaro, Commissioner of the time, a Legislative Assembly for third reading was adopted Northwest Territories, before committee held special meetings by the House. The motion for prorogation on November 1, 2013. in schools to engage students and third reading was also adopted The following bills are of particu- hear first-hand about bullying and the bill received assent on lar interest: in NWT schools. The committee November 1. Bill 3: The Wildlife Act was met with students in Yellowknife Bill 22: the Territorial Emblems reviewed and debated during and three regional centres, in and Honours Act establishes this sitting. The bill replaces addition to connecting with an Order of the Northwest the existing wildlife legislation, students in a remote northern Territories, honouring current dating back to 1978, and is a community via e-learning and former residents for unique and collaborative effort technology. To facilitate outstanding service and between the Government of discussion and openness, the achievements. The bill received the Northwest Territories and format of the meetings was much third reading and assent during Aboriginal governments to less formal than a typical public the fall sitting. hearing. jointly draft legislation that After prorogation on upholds the constitutionally During the committee’s November 1, 2013, the House enshrined treaty and Aboriginal consideration, three amendments resumed sitting the following rights and provisions in land were introduced, adopted by Monday, November 4, with claim agreements, as well as committee and concurred with Commissioner Tuccaro recognizing the fundamental by the Minister. Following opening the 5th Session value of wildlife to all Northwest consideration in Committee of the with the presentation of the Territory residents. Whole, and third reading, the bill Commissioner’s Address. The Standing Committee received assent on November 1. The address highlighted the on Economic Development Bill 24: An Act to Amend the achievements of the government and Infrastructure, chaired by Liquor Act was a private member’s at the mid-point of its mandate Robert Hawkins, also carried bill, sponsored by Norman and emphasized the work out extensive consultation on Yakeleya, Member for Sahtu. The continuing as the transfer the bill. During the committee bill allows residents of the entire of powers from the federal review, on September 24, four Sahtu constituency to be involved government becomes a reality on motions were moved, adopted in the decision regarding limits April 1, 2014. The government and concurred with by the on sales of alcohol in the regional is moving forward with an Minister of Environment and liquor store. The bill was referred ambitious social agenda, the Natural Resources, Michael to the Standing Committee on implementation of economic Miltenberger. Government Operations. The strategies, and continuing to The debate in the House took committee held public meetings engage with its Aboriginal place on October 29, 2013, with in four of the Sahtu communities partners. affected by the legislation. nine motions adopted to further Points of Order amend the bill. The amended During the committee review one bill received third reading motion to amend was adopted Two Points of Order were on October 31, and assent on by the committee with Mr. raised during the sitting. Mr. November 1. Yakeleya’s concurrence. The Miltenberger, Government House amended bill was reported to Leader, rose on October 24, with Bill 12: An Act to Amend the the Assembly by Michael Nadli, respect to comments made by Education Act was referred to the Chair of the Standing Committee Mr. Hawkins. Mr. Miltenberger Standing Committee on Social on Government Operations. noted that the content, volume Programs for consideration on During the clause-by-clause and tone of Mr. Hawkin’s oral June 3, 2013. This amendment consideration in Committee of question violated the rules of to the Education Act deals with the Whole, the seven-member the Assembly. Jackie Jacobson, bullying and cyberbullying cabinet voted against each clause. Speaker of the Legislative in schools. In September the However, the regular members, Assembly, found that there committee held public meetings forming a majority in the House, was a point of order and asked

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 67 Mr. Hawkins to withdraw his Commission. A five-hour Committees also used the remarks and apologize to the debated ensued. opportunity this fall to review House, which he did. A motion to appoint a new 11 pieces of legislation referred On October 28, Mr. electoral boundaries commission during the spring sitting. The Miltenberger again rose on a was defeated. A motion to Standing Committees on Social Point of Order with respect to implement the 19 electoral Programs and Government comments made by Mr. Hawkins districts recommendation, with Operations were travelling on the on his Facebook page, following adjustments to two Yellowknife review of bills. Mr. Hawkins’s apology to the ridings, was carried. A motion Representatives from the House. Mr. Miltenberger felt the to make future electoral Standing Committee on Economic comments called into question boundaries commission final Development and Infrastructure the sincerity of the apology. recommendations binding was joined a delegation led by the Speaker Jacobson found no point deferred. Minister of Industry, Tourism of order, advising the House that and Investment, David Ramsay, he accepted the apology from the Committee Activity on a tour of the Bakken shale Member, taking him at his word. The standing committees formation in Saskatchewan and of the Legislature met from North Dakota. The committee Statutory Officers September 12 to 27, to review produced its Report on Bakken On October 18, the the infrastructure budget Shale Formation Tour 2013 and House adopted a motion to and to consider and provide presented it to the House on appoint David Phillip Jones comment on government action November 7. In the report, as the Conflict of Interest plans. The action plans relate the committee acknowledges Commissioner, for a term of to major government initiatives the attention that hydraulic four years, effective December 1, such an anti-poverty strategy, fracturing continues to gain in 2013. Mr. Jones replaced Gerald education reform, mental health the Northwest Territories and Gerrand, who completed his and addictions, early childhood the benefits of such a tour to second term and retired from the development, a new economic highlight the need for planning position. opportunities strategy, a and research, while also On November 7, the House workforce planning strategy, and addressing the many differences adopted a motion to appoint a mineral development strategy. between the jurisdictions. Snookie Henrietta Catholique This process was slightly 20th Anniversary Celebration as Languages Commissioner, different from previous years, for a term of four years, as this period prior to the November of 2013 marked the th effective December 1, 2013. Ms. fall sitting is usually used to 20 anniversary of the Legislative Catholique is replacing Sarah consider government business Assembly building. Speaker Jerome in the position. plans. With April 1, 2014, set Jacobson invited the public to join as the implementation date him in a celebration event, which Electoral Boundaries for the devolution agreement took place on November 1. Commission 2013 Final Report with the federal government, In attendance were former The Electoral Boundaries all Members agreed to forgo commissioners, speakers, Commission tabled its final report the business plan review this premiers and members. Speaker on May 29, 2013. As directed fall. This will allow the work Jacobson was particularly by the Assembly, the report on devolution to progress, honoured to have former contained recommendations for including the creation of a new Commissioners Stuart Hodgson 18, 19 and 21 electoral districts. Department of Lands, the transfer (1967-1979) and John Parker The Assembly currently has 19 of positions from the federal (1979-1989) take part in the electoral districts. government and reorganization celebrations. On November 5, the House and decentralization within Events included the unveiling gave unanimous consent to stand the territorial government. of speakers’ and premiers’ down select orders of the day Committees were to meet portraits, the announcement of and proceed to Committee of in December to review the new signage for the building and the Whole to debate the report departmental main estimates. a newly-designed waterfront of the Electoral Boundaries park area on the capital grounds,

68 CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 a scholarship fund to support and opportunities for Canadians, week about the initial motions northern political science supporting and protecting for separate suspensions of the students, and the construction Canadian families and putting Senators. It had been argued of a time capsule. The evening Canada first. It was one of the that the motions were arbitrary, concluded with music and longer speeches in recent times, and a violation of basic rights entertainment. with more than 7,000 words. guaranteed under the Canadian A highlight of the celebration The opening of the session in the Charter of Rights and Freedom, was a panel discussion with nine Chamber was a modified bench and that one of the reports of of the 10 former premiers of opening, where the Senators’ the Standing Committee on the Northwest Territories. The desks are removed and benches Internal Economy, Budgets and discussion took place on the floor placed to allow for more guests to Administration was not properly of the Chamber, moderated by sit in the Chamber. before the Senate because it had Doug Schauerte, Deputy Clerk In the first two weeks of the died on the Order Paper with of the Legislative Assembly. session, the Senate dealt with the the prorogation of the previous The gallery was full as the potential suspension without pay session. The Speaker found that participants shared experiences of three Senators for the duration proceedings were in keeping with and stories marking the growth of the session. Originally, the the Senate’s authority, rules and of the Northwest Territories and suspensions were debated as practices, and that debate could the Legislative Assembly. three separate motions, one for proceed. each of the Senators. Later, the The following week, a point Gail Bennett government introduced one of order was raised with respect Principal Clerk, Corporate and motion for suspension, still to the propriety of a government Interparliamentary Affairs without pay, but allowing them disposition motion being used to keep their health and insurance to limit debate on the original benefits. Given the significance three motions to suspend the of the issue, the Senate held Senators, which were moved long sittings with many hours as non-government business. of debate and considered a The Speaker agreed with the number of amendments. In the point of order and stated that end, the Government invoked the disposition motion that was time allocation to bring the before the Senate appeared to matter of the three suspensions cross the boundaries between to a decision. Although the these two basic categories suspension had become one of business. He ruled the motion, Senators were allowed Government disposition motion to vote separately on each out of order. The Senate suspension. As mentioned previously, just On November 5, 2013, the before the Senate proceeded to n September 13, 2013, on the motion to suspend the three the final vote on the suspension Oadvice of the Prime Minister, Senators was adopted with some of the three Senators, the the Governor General issued a variance in the breakdown of Speaker delivered a statement proclamation proroguing the 1st standing votes, but not before to explain that he would allow Session of the 41st Parliament, the Speaker made a statement separate votes on each senator’s and all items on the Senate’s Or- to explain why he had exercised suspension. He stated that it was der Paper and Notice Paper died. his authority to allow the Senate appropriate, under rule 1-1(2), to vote on each suspension to look to the procedures in the nd The 2 Session of the 41st separately. This statement will be Canadian House of Commons Parliament began with the addressed in more details below. which had more experience Speech from the Throne on dividing complex questions. October 16, 2013. Entitled Seizing Speaker’s Rulings Committees Canada’s Moment: Prosperity On October 24, 2013, the and Opportunity in an Uncertain Speaker delivered a ruling on a Before prorogation, the World, the speech included the point of order raised earlier in the Standing Committee on broad themes of creating jobs

CANADIAN PARLIAMENTARY REVIEW/WINTER 2013 69 Internal Economy, Budgets and committees had not yet organized 2013. On the Opposition side, Administration presented its 27th due to the busy schedule of the Senator Claudette Tardif stepped report, dealing with the expenses Chamber sittings. down from her role as Deputy of Senator Pamela Wallin. The Leader of the Opposition, a report was deposited with the Senators function she had performed Clerk of the Senate under an There were some changes since 2007, and was replaced by order adopted before the summer in the Leadership of the Senate Senator Joan Fraser, who was recess. Though the report on both the government and previously the Deputy Leader of died on the Order Paper with opposition sides. At the end the Opposition in 2006-2007. prorogation, the report informed of August Senator Claude There were two resignations the debate on the motions for the Carignan became Leader of from the Senate over the summer. Senator’s suspension. the Government in the Senate. Senator Rod Zimmer and Senator In the days following the Since 2011, he had served Mac Harb gave up their seats Speech from the Throne, the as the Deputy Leader of the in the Senate in August of 2013. Committee of Selection was Government and was replaced Senator Zimmer was appointed to appointed to name senators to in that role by Senator Yonah the Senate in 2005 by serve on the several committees Martin on September 18. Unlike and Senator Harb had served in during the present session, his predecessors since the early the Senate since 2001 after being except the Standing Committee 1960’s, Senator Carignan is not appointed by Jean Chrétien. on Conflict of Interest for a member of the Cabinet though Senators. By the end of October, he was sworn in to the Queen’s Vanessa Moss-Norbury Privy Council on September 3, Procedural Clerk

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