Legislative Reports

Speaker’s Educational Outreach Significant Legislation Program During the fall sitting of the Speaker Dan D’Autremont Legislative Assembly, several has reinstituted the Speaker’s pieces of significant legislation Outreach Program. It aims received Royal Assent: to promote awareness and Bill No. 15, Highway Traffic understanding of the Legislative (Combating Impaired Driving) Saskatchewan Assembly and the democratic Amendment Act, strengthens process through a non-partisan existing legislation by expanding he fall sitting concluded approach. The Speaker’s the ignition interlock program to Ton Thursday, December 6, Outreach Program also provides include mandatory participation 2012. During the fall period of a means of bringing the for first-time offenders; outlining session, 42 government bills and 1 Legislative Assembly to students minimum time frames for private members’ public bill were who are unable to visit. The participation in the program introduced. Speaker has presented to 17 including: one year for the first The Lieutenant Governor, classes since November. offence, two years for the second Vaughn Solomon Schofield gave offence, and five years for the Stacey Ursulescu Royal Assent to 2 bills including third offence; increasing the an Appropriation Bill to defray Committee Clerk mandatory time in the ignition the expenses of the Public interlock program by one year if Service. The other bill to receive a passenger under the age of 16 Royal Assent was Bill No. 66 – is in the vehicle at the time of the The Saskatchewan Advantage Grant offence; and adds new measures for Education Savings (SAGES) Act. to impound vehicles of drivers convicted of offences. 100th Anniversary of the Legislative Building Bill No. 6, Public Health Act, Prince Edward Island will prohibit the marketing, sale In December 2011, a time or access to tanning equipment capsule was removed from the he Second Session of the Sixty- to a person under the age of 18 cornerstone of the Legislative fourth General Assembly was years. It also requires a person Building. The new 2012 time T prorogued on November 9, 2012. who appears to be younger capsule was filled and placed The Third Session of the Sixty- than 18 years of age to produce back into the cornerstone on fourth General Assembly opened identification as proof of age in December 6. Contents included on November 13, 2012, with the order to obtain access to tanning a letter and photo from the Speech from the Throne delivered equipment. The bill provides an Speaker to future MLAs with by the Lieutenant Governor H. exemption for ultraviolet light samples of the Chamber carpet Frank Lewis. Highlights of the treatments as prescribed by a before and after 2012, letters from Speech included new testing for medical practitioner or nurse the Governor General, Grade 4 Grade 9 literacy and Grade 11 practitioner. students, a handwritten letter math skills; an exploration of The Retail Sales Tax Act, from the Premier, a selection of collaborative emergency centres, Bill No. 24, ratifies the seeds from several popular crops and the introduction of pension Comprehensive Integrated Tax grown in Saskatchewan, a sample legislation. Government also Coordination Agreement between of copper from the Dome and announced its goal of 75,000 jobs Prince Edward Island and the many other artifacts. by 2016 and a number of priorities federal government which in health care.

52 CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 provides for the implementation Act in 1982 which regulated the the increase is expected crop of the Harmonized Sales Tax as of amount of property that can insurance losses following the April 1, 2013. be held by any one person or dry summer of 2012. In addition, corporation in the province. tobacco tax revenues are $2.5 Harmonized Sales Tax Mr. Carver will start a review million lower than forecast. In November, the province signed of the Lands Protection Act in Capital Budget the Comprehensive Integrated January 2013, studying the existing Tax Coordination Agreement legislation, holding consultations In late November, the province with the Government of and determining what changes, if issued its capital budget for which provides the framework any, might be needed. 2013-14, with $83.9 million necessary for the implementation in infrastructure investments of the Harmonized Sales Tax Judicial Review – Provincial planned for the year. The Minister (HST) in Prince Edward Island. Nominee Program of Finance announced that It confirms the province’s policy In early November, in compliance spending would be more closely to eliminate the Provincial Sales with the decision of a judicial aligned to traditional levels, Tax, currently at 10 per cent, and review, the province released the signaling an end to the stimulus replace it a value-added tax of names of the corporations that spending of recent years. 9 per cent. Combined with the received investments through the Gilbert R. Clements Goods and Services Tax, this will Provincial Nominee Program, a create a 14 per cent HST, which federal-provincial partnership Gilbert R. Clements died on will come into effect on April 1, designed to expedite immigration November 27, 2012, at the age 2013. The agreement indicates for individuals and their families of 84. “Mr. Clements made an that the province will provide who met provincial criteria in outstanding contribution to the specific point-of-sale rebates of support of business and economic public life of this province during the provincial portion of the HST development. The program had his long and distinguished career for books, heating oil, children’s a significant impact on the Island as a member of the legislative footwear and children’s clothing, economy with businesses having assembly, cabinet minister as well as a 35 per cent rebate access to millions of dollars of and lieutenant governor,” said for charities and qualifying non- investment capital. In June of Premier Robert Ghiz. “He will profit organizations. A new Prince 2010, then-Acting Information be especially remembered for his Edward Island Sales Tax Credit will and Privacy Commissioner, commitment to the protection and allow a rebate of up to $200 to low Judith Haldemann, upheld the enhancement of the environment and modest income individuals decision of the administrator of and his loyalty to the people he and families in the province to the program, Island Investment represented.” Mr. Clements was assist with the transition to the new Development Incorporated, first elected to the Prince Edward taxation system. to withhold the names of the Island Legislative Assembly in the district of Fourth Kings in 1970. Appointment of Lands businesses which participated He was subsequently reelected in Protection Act Commissioner. in the program. Hearings on the matter were held at the Supreme 1974, 1979, 1982, 1986, 1989 and On November 8, 2012, Court in March 2012 and the 1993. In 1981, he served as interim Wes Sheridan, Minister of decision was issued on November leader of the Liberal Party and Finance, Energy and Municipal 2, 2012. leader of the Official Opposition. Affairs, announced the In 1995, he was appointed as the appointment of Horace Carver to Fiscal Update province’s Lieutenant Governor. the position of Lands Protection The Minister of Finance, He held a number of cabinet Act Commissioner. Mr. Carver Energy and Municipal Affairs positions in the government of served three terms in the Prince issued a fiscal update for the Premier Alex B. Campbell and Edward Island Legislature with province on November 29, 2012. was Minister of Finance in the roles as Attorney General and Mr. Sheridan indicated that the government of Premier Joe Ghiz. as Minister of Community and 2013 deficit is expected to come Cultural Affairs as well as that of in at $79.6 million, an increase Marian Johnston Government House Leader. He over the budgeted deficit of $74.9 Clerk Assistant and Clerk of Committees was active in the drafting and million. The primary reason for passage of the Lands Protection

CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 53 of the Committee wereDoug The physical layout of the Graham, Stacey Hassard, Sandy Chamber makes the public Silver and Jan Stick. Established gallery a prime location for a during the 2012 Spring Sitting, protest, from the perspective the Select Committee had been of those seeking attention for a given access to the records of given issue. The public gallery Yukon its namesake (which had not (due to its placement above the tabled a final report) from the main entrance to the Chamber) n December 13th, the 2012 preceding Legislature. The is in clear view of all MLAs and OFall Sitting of the 1st Session Committee was not tasked of the media gallery. The attempt of the 33rd Legislative Assembly with drafting a bill, but with of protesters to demonstrate adjourned. The 28-day sitting had reporting to the House “its in the gallery (as opposed to convened on October 25th. findings and recommendations outside the legislative Chamber) respecting the central issues has increasingly brought Assent that should be addressed in the Speaker – charged with During the course of the Fall whistle-blower protection maintaining order and decorum Sitting, the following bills (all legislation.” The Committee’s in the House – into the sights of Government bills) received final report is online at: http:// those seeking to stage a protest Assent: www.legassembly.gov.yk.ca/pdf/ in the gallery. The latter perceive • Bill No. 7, Second Appropriation whistle_blower_committee_final_ themselves as having a “right” to Act, 2012-13 report__4dec2012.pdf protest in the Chamber though this is contrary to parliamentary • Bill No. 42, Donation of Food Protesters in the Gallery Act rules and practice. • Bill No. 43, Act to Amend the The presence of protesters in the Other protesters during the Securities Act public gallery was a recurring Fall Sitting were motivated by feature during the Sitting. • Bill No. 44, Miscellaneous Statute oil and gas development issues – Law Amendment Act, 2012 Whereas the protesters on such as concerns regarding the opening day were orderly and environment (such as hydraulic • Bill No. 45, Act to Amend left without incident, this was the Municipal Finance and fracturing), and First Nations Community Grants Act not always the case. On several rights. These issues were the occasions, Speaker David Laxton subject of questions, motions, • Bill No. 46, Act to Amend the cautioned people in the gallery Income Tax Act petitions, etc. Bill No. 49, Act to against participating in the Amend the Oil and Gas Act, 2012 • Bill No. 47, Act to Amend the proceedings, and to desist served as a focal point for these Retirement Plan Beneficiaries from distracting behaviour Act concerns, particularly a section of (e.g. applause, standing rather the bill that removed an existing • Bill No. 48, Act to Amend than remaining seated, holding “veto” which First Nations the Access to Information and conversations in the gallery). Protection of Privacy Act without land claims and self- On two occasions, the Speaker government agreements had over • Bill No. 49, Act to Amend the Oil directed visitors who persisted oil and gas development on their and Gas Act, 2012 in distracting behaviour to leave traditional territories. • Bill No. 50, Statute Law the Chamber. This included a Amendment (Nurse Practitioners) group of high school students Bill No. 51 Act who, having stood en masse and Bill No. 51, Residential Landlord • Bill No. 51, Residential Landlord been directed by the Speaker to and Tenant Act, formed part of and Tenant Act resume their seats, proceeded the government’s response to the shortly thereafter to run up and Report of the Select Committee Whistle-blower Committee down the gallery staircase. The Report on the Landlord and Tenant Act students, who were protesting the (tabled in November 2010) of the On December 4, Patti McLeod, absence of an on-site gymnasium 32nd Legislative Assembly. The Chair of the Select Committee during the reconstruction of their new Act replaces the decades- on Whistle-blower Protection, high school, reportedly adopted old Landlord and Tenant Act, with tabled the Committee’s Final the staircase tactic to “exercise” (according to the explanatory Report. The other members absent a dedicated gym.

54 CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 notes that accompanied the bill) the opposition. Temporary Assembly. Among the more “a modern comprehensive stand- amendments made to the noteworthy bills passed are Bill alone Act for the regulation of Standing Orders and the Rules 1, Integrity in Public Contracts residential tenancies including for the Conduct of Proceedings Act, and Bill 2, An Act to amend provisions setting out the rights were adopted for the duration the Election Act in order to reduce and responsibilities of landlords of the 40th Legislature. These the elector contribution limit, lower and tenants.” It is anticipated that amendments primarily concern the ceiling on election expenses and the government will at a future the membership of committees, increase public financing of Québec point introduce a bill to deal with the allocation of chairmanships political parties. commercial tenancies. and vice-chairmanships, as well as quorum requirements. Directives from the Chair Committee Membership President Jacques Chagnon gave Changes Budget and Estimates a directive on November 21, in Motions were carried amending On November 20, the Minister reply to the Chief Government committee memberships to of Finance and the Economy, Whip, who requested a remove former Interim Liberal , delivered the decision from the Chair on the Party Leader Darius Elias – now 2013-2014 budget speech. On following question: “Should an Independent member – from November 30, at the conclusion the Canadian flag be removed committees, and to appoint of the 25-hour debate held in the from the Legislative Council Sandy Silver, the new Interim House and in the Committee on Chamber at all times during Liberal Leader (currently the Public Finance, the budgetary parliamentary proceedings?” sole member of the Liberal policy of the Government of The President ruled that the Party caucus) to the committees. Québec was adopted by the decision should not only be Mr. Silver is now a member of all following vote: 49 yeas, 48 nays his but that of all the Members five of the Assembly’s standing and 0 abstentions. and thus, in accordance with committees. Mr. Elias is no longer Cabinet and parliamentary Standing Order 41, submitted on any of the committees. offices the matter to the Assembly for its decision. It should be noted As well, a motion was carried On December 4, Premier removing former NDP House that no President had referred made a few to this standing order since the Leader Jim Tredger from the changes to the composition of Standing Committee on Rules, adoption of the current Standing her Cabinet and to her team of Orders, in 1984. On December 4, Elections, and Privileges, and parliamentary office holders. appointing Ms. Stick, the current the Assembly voted in favour of Yves-François Blanchet was keeping the Canadian flag in the NDP House Leader, to the appointed Minister of Sustainable Committee. Legislative Council Chamber of Development, Environment, the Parliament Building. Wildlife and Parks, in place Linda Kolody The President was also asked of Daniel Breton. Véronique Deputy Clerk to give a directive on a motion Hivon, was restored to her Yukon Legislative Assembly previous post as Minister for moved by a Member of the Social Services and Youth Official Opposition, Yolande , under business standing Protection. James was appointed Chief Government in the name of Members in opposition. This motion sought Whip and Sylvain Pagé was named caucus chair. to instruct the Committee on Transportation and the Legislation Environment to shed light on the events of October 24, 2012 Eleven bills were passed during concerning the action taken the sessional period of the 40th by the Minister of Sustainable Legislature: 9 public bills on Development, Environment, he general election of behalf of the Government and Wildlife and Parks and Member September 4, 2012 produced 2 private bills. Of these bills, 10 T for Sainte-Marie-Saint-Jacques, a minority government with two were passed with the unanimous Mr. Breton, with regard to the parliamentary groups forming consent of the Members of the

CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 55 Bureau d’audiences publiques during the 2012 fall sessional Minister of Finance, President sur l’environnement (BAPE), an period and the tabling of the of Treasury Board, Minister independent public agency. To estimates of expenditure at the Responsible for the Human Resource Secretariat, Minister this end, the motion provided in same time resulted in the latter Responsible for the Public particular for the summoning of being exceptionally examined Service Commission, and the Minister and of any person by the standing committees in Minister Responsible for the the Committee deemed necessary February, which is unusual since Newfoundland and Labrador to hear. the last time the estimates were Liquor Corporation; On November 21, Government examined during a period other • Tom Hedderson, formerly Minister of Transportation House Leader, Stéphane Bédard, than the spring dates back to June 2007. and Works, appointed raised a point of order questioning Minister of Environment the admissibility of this motion. On November 22, the and Conservation, Minister In so doing, he alleged that the Committee on Transportation Responsible for the Multi- motion aimed to cast reflections and the Environment was Materials Stewardship Board and Minister Responsible upon the conduct of the Minister instructed to examine the events for the Office of Climate and that this was contrary to the of October 24, 2012, as mentioned Change, Energy Efficiency and principle whereby no Member in the section on the directives Emissions Trading; shall refuse to take another from the Chair. On the same • , formerly Minister Member at his word, the Minister day, the Committee held a first of Fisheries and Aquaculture, having already given statements deliberative meeting to organize appointed Minister of Justice, and answered questions on its proceedings regarding this Government House Leader, the matter, thus preventing the order of reference. and Minister Responsible for the Labour Relations Committee from being instructed On November 29, the Agency; to examine the matter. Member for Sainte-Marie– • , formerly The Chair then ruled that Saint-Jacques resigned from his Minister of Justice and the motion was consistent with ministerial post. Subsequently, Attorney General, appointed the authority vested in both the during another meeting held Minister for Intergovernmental Assembly and parliamentary on December 4, the Committee and Aboriginal Affairs; committees to hear ministers agreed to postpone this order • , formerly on matters falling within their until January 2013. Minister of Environment and jurisdiction in accordance with Conservation, appointed Minister of Tourism, Culture the principle of ministerial Christina Turcot and Dany Hallé and Recreation; responsibility whereby ministers Parliamentary Proceedings are responsible for their actions Directorate • , formerly Minister of Tourism, Culture before the Assembly, which has the and Recreation appointed power to demand accountability. Minister of Fisheries and After debate thereon, this motion Aquaculture; was carried by the Assembly the • , appointed following day. Minister Responsible for the Office of Public Engagement Committees and Deputy House Leader retaining his existing duties One particularly significant as Minister of Innovation, impact resulting from the Newfoundland and Business and Rural recognition of two parliamentary Labrador Development and Minister groups forming the opposition Responsible for the Research & and the adoption of temporary he House of Assembly Development Corporation; th convened for the Fall sitting rules for the 40 Legislature was T • Paul Davis, formerly Minister th a change in the membership of on November 19 , 2012 following of Service NL, appointed committees so as to represent the a cabinet shuffle in October. Minister of Transportation Included in the shuffle were: and Works and Minister proportion of Members in the Responsible for the House. Newfoundland and Labrador • Thomas W. Marshall Housing Corporation. and The adoption of the appointed Attorney General, Government’s budgetary policy retaining his responsibilities as • Nick McGrath, appointed

56 CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 Minister of Service NL, capacities since 1990, most of government commitments and Minister Responsible for the recently Deputy Minister of the proposals, including: Workplace Health, Safety and Department of Finance, a position Compensation Commission, • New rural economic Minister Responsible for he had held for eight years. development and the Office of the Chief improvements to cities with Information Officer and Fall Sitting new road infrastructure, Minister Responsible for The Fall sitting was dominated building on already historic the Government Purchasing road investments; Agency retaining his by discussion of the Muskrat • Steady economic growth with responsibilities as Minister Falls Hydroelectric Project in the addition of 75,000 workers Responsible for Labrador Labrador. The sitting ended early to ’s labour force by Affairs. nd in the morning of December 22 2020; On January 16 there was on a parliamentary day which had begun on December 20th. • Better care for seniors with a further cabinet shuffle, an improvements to home care exchange of portfolios, when The subject of debate during the and 200 new personal-care Jerome Kennedy, formerly extended sitting was a pair Bills home beds in ; relating to the Project. Minister of Natural Resources • Faster, more convenient access was appointed Minister of The House passed 19 Bills to testing and treatment for Finance, President of Treasury during the Fall sitting, a total of cancer patients with new 54 during the First Session of the CancerCare hubs in rural Board, Minister Responsible for Manitoba; the Human Resource Secretariat, Forty-Seventh General Assembly, Minister Responsible for the Public which is expected to prorogue in • Improved access to family mid-March. doctors with additional nurse Service Commission, and Minister practitioners, physician Responsible for the Newfoundland The party standings in the assistants, nurses and dieticians and Labrador Liquor Corporation House of Assembly changed for medical practices taking while Mr. Marshall was appointed in September 2012 when new patients; Minister of Natural Resources the Member for St. John’s • Better education and training and Minister Responsible for the South, Tom Osborne, left the opportunities with new Forestry and Agrifoods Agency, Progressive Conservative caucus primary schools and new retaining his responsibilities as support for high school to sit as Independent. students to transition into Attorney General. apprenticeships; Elizabeth Murphy Other Appointments • More support for universities Clerk Assistant and colleges to increase When the House reconvened enrolment by promoting it was with a new Clerk, Manitoba as a top destination Sandra Barnes. Ms. Barnes for international students; was appointed in June and • New measures to protect took office in July. Before her families dealing with new appointment Ms. Barnes had home construction, vehicle been a public servant since purchases and cable bills; and 1994. The new Clerk came to new tools to help low-income Manitobans purchase a home; the House of Assembly from and the Department of Municipal Manitoba Affairs where she had served • Support for new research projects that will restore the as Deputy Minister. Ms. Barnes he Second Session of the health of Lake Winnipeg and succeeds William MacKenzie T40th Legislature began protect the province’s water. who has accepted a position in on November 19, 2012 with the Department of Service NL. Official Opposition Leader the presentation of the NDP Brian Pallister’s first non- th Newfoundland and Labrador government’s 16 Speech confidence amendment also has a new Auditor General, from the Throne. Delivered by to the Address in Reply Terry Paddon, who succeeds Administrator, Chief Justice motion included a number of Acting Auditor General, Richard Scott, on behalf of observations and commentaries Wayne Loveys. Mr. Paddon has Lieutenant-Governor Phillip Lee, on the government’s plans, been a public servant in various the address highlighted a range including that despite record tax

CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 57 increases and record increases in passage of one government Standing Committees bill, all addressing a variety of transfers from other jurisdictions: Manitoba Standing Committee governance areas including: • Manitoba remains the child activity this quarter included a • Bill 2 – The Highway Traffic poverty capital of Canada; meeting of the Human Resources Amendment Act (Respect for Committee – to consider • Manitoba food bank usage is at the Safety of Emergency and record high levels including the Enforcement Personnel), which Bill 3 – as well as two meetings highest percentage of children extends the authority to direct of the Legislative Affairs using food banks in Canada; traffic in cases of emergency Committee – to consider the to a firefighter if no police re-appointments of the Conflict • Manitoba’s infrastructure officer is present and also sets deficit is not being addressed maximum speeds that drivers of Interest Commissioner and and roads and bridges are in must not exceed in these the Information and Privacy disrepair; circumstances. Adjudicator due to term • Many recent flood victims have • Bill 3 – The Employment expirations for both and the still not received adequate Standards Code Amendment Act Report and Recommendations compensation for their (Leave Related to the Critical of the Judicial Compensation losses; Illness, Death or Disappearance of Committee dated July 11, 2012. • Long wait times in emergency a Child), which allow Manitoba rooms and for surgeries employees to take advantage of Condolences continue to put the health of new federal benefits outlined Manitobans at risk; in C-44. It gives parents the On December 4 and 5, right to take an unpaid leave 2012, the House dealt with • Many seniors face long wait from their employment and to several condolence motions times for long-term care be reinstated at the end of the conveying deepest sympathies beds; leave. This Bill was assented to on December 6, 2012. to the families of the late • Manitoba students continue Albert Driedger, John A. to score at or near the bottom • Bill 5 – The New Home Warranty Christianson, George Minaker, in core subjects such as math, Act, which ensures that all new reading and science; homes built for sale are covered Thelma Forbes, Samuel Uskiw, by a warranty against defects Laurent Desjardins, and • Manitoba universities are in materials, labour and design still ranked near the bottom Parker Burrell who all served and structural defects. compared to their Canadian as Members of the Legislative counterparts; • Bill 18 – The Public Schools Assembly of Manitoba during a Amendment Act (Safe and • There continues to be a time period between 1959 to 1999. Inclusive Schools), which critical shortage of affordable amends the Act in the areas of Current Party Standings: housing; bullying and respect for human • Manitoba remains the violent diversity. The current party standings crime capital of Canada and in the Manitoba Legislature • Bill 203 – The Participation gangs continue to flourish; of Manitoba in the New West are: NDP 37, Progressive • Many Aboriginal Manitobans Partnership Act, which requires Conservatives 19 and one still live in poverty and the government of Manitoba Independent Liberal. to contact the governments their communities lack basic Currently no specific date services; and of British Columbia, Alberta and Saskatchewan to begin is set for the resumption of the • Many farm sectors do not negotiations to join their legislative session however, in receive adequate support economic partnership, known accordance to a House Leaders’ when circumstances beyond as the New West Partnership, agreement, four weeks’ notice their control impact food within one year after the Bill production; receives royal assent. is required for the resumption of the 2013 Spring legislative Following the defeat of These bills, except for Bill 3, session. Mr. Pallister’s amendment on are all carried over to the spring November 28, 2010 by a vote of session in order to proceed Monique Grenier yeas 20, nays 35; on November 29 through the rest of the legislative Clerk Assistant/ the main motion carried on a vote process. Clerk of Committees of yeas 34, nays 20. The fall session saw the introduction of 21 bills and the

58 CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 charter to ensure seniors are transportation and treated with compassion infrastructure, to be used and respect when receiving for maintenance, repair and government services. strategic investments.

Reply to Throne Speech Legislation On November 29, Official Seventeen government Bills New Brunswick Opposition Leader received Royal Assent in the Victor Boudreau gave his reply winter sitting. Of note were the ieutenant-Governor to the Speech from the Throne. following three bills related to LGraydon Nicholas formally Mr. Boudreau spoke on the local governance issues: opened the Third Session of the Liberal Party’s renewal process, • Bill 2, An Act Respecting 57th Legislature on November 27, and on the newly elected Liberal Property Tax Reform, introduced when he delivered the third Party leader, Brian Gallant. by Environment and Local Government Minister Speech from the Throne of the Mr. Boudreau raised concerns Bruce Fitch, implements David Alward Progressive on the current economy, the a property tax equalized Conservative government. unemployment rate, and the need payment plan for homeowners, The theme of the speech was for a trained New Brunswick allowing monthly payments rebuilding New Brunswick, for tax bills; exempts libraries workforce. The Opposition from provincial and municipal through economic development, Leader spoke on multiple points taxes; adds the cost of policing health and senior care, education, pertaining to the provincial to the local tax rate in local community protection and government’s negotiations service districts and rural development, and government with their federal counterparts, communities; and reduces streamlining. Highlights included: taxation on businesses, farm notably the elimination of land, vacant land and non- • Creation of a new ministerial funding to community economic owner occupied housing. committee on jobs and the development agencies, and the economy to monitor economic • Bill 3, An Act Respecting the compensation for cost overruns Regional Service Delivery Act, performance and recommend at the Point Lepreau Generating adjustments to government introduced by Minister Fitch, direction and policy. Station. modifies the current rural community model, removing • Release of a labour force and Capital Budget barriers which previously skills development strategy. limited it to villages and local On December 11, Finance service districts, and making • Evaluation by NB Power Minister Blaine Higgs tabled the new model available to of the options for securing the 2013-2014 capital budget, interested towns. compensation for the cost overruns in refurbishing the totalling $466 million. Funding • Bill 19, Community Funding Point Lepreau Generating for new projects was down to $3.5 Act, introduced by Minister Station. million, from $24 million in 2012- Fitch, creates a community funding and equalization • Development of a cruise 13. Minister Higgs noted that the budget will focus on projects grant to replace the existing strategy for northern New unconditional grant to Brunswick to identify ports and already underway, and on the municipalities, rural stakeholders to help grow the maintenance of current assets. communities and local service cruise industry. Highlights included: districts. The new model • Development of an oil and uses two components: a $12 natural gas blueprint to shape • $120.8 million for infrastructure million funding component, a vision for the province’s in public schools, $7 million for which distributes based on the natural resource sector. infrastructure in universities non-residential tax base of a and community colleges. community; and a $54 million • Support for research and equalization component, development in the agriculture, • $53.2 million for health-care which distributes based on fisheries and aquaculture infrastructure, consisting expenditure needs and fiscal sectors. of $22.3 million for capital capacity. improvement and construction • Development of a made-in- projects, and $30.9 million The Official Opposition New Brunswick drug insurance for replacements of medical introduced five Bills, including: plan. equipment. • Bill 14, Tanning Beds • Development of a seniors’ • $279.6 million for Act, introduced by

CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 59 Donald Arseneault, would committees, there were a number prohibit people under 19 years of substantive reports tabled of age from having access or presented in November and to tanning facilities in New Brunswick. December. Amongst them was the Standing Senate Committee • Bill 25, An Act to Amend the on Human Rights’ report Emergency Measures Act, introduced by Rick Doucet, entitled: Cyberbullying Hurts: would require owners Respect for Rights in the Digital and operators of critical Senate Age, tabled on December 12, infrastructure to have 2012. The committee viewed emergency measures plans. uring the fall/winter session cyberbullying as a violation of of Parliament, the Senate Motions D the human rights of children passed several bills of note, under the UN Convention on the On December 19, Premier including Bill C-46, An Act to Rights of the Child. The report Alward, seconded by Opposition amend the Members of Parliament had six recommendations for the Leader Boudreau, introduced Retiring Allowances Act, which government focussing primarily a motion in support of the made changes to Senators’ and on improved Federal/Provincial construction of a west-east MPs’ pensions; and Bill C-36, An cooperation and partnership pipeline to bring western crude Act to amend the Criminal Code on the matter. The report also oil to the City of Saint John, (elder abuse), which involved contained a Guide for Youth and providing economic growth harsher sentences for those a Guide for Parents which aims to for the region and province. convicted of crimes against the help parents and their children The motion was adopted elderly. In total, six government understand and deal with unanimously by the House. bills, two Senate public bills and cyberbullying. The Senate has two Commons public bills all requested an official government Committees received Royal Assent during this response to its report. The Standing Committee period. In December, the Senate Other committees tabled on Public Accounts, chaired reports including one by the by Rick Doucet and the Chamber was seized with Bill C-45, A second Act to Standing Senate Committee on Standing Committee on Crown Aboriginal Peoples, entitled: Corporations, chaired by implement certain provisions of the budget tabled in Parliament Additions to Reserve: Expediting Jack Carr, have been active the Process, which looked at in January and February on March 29, 2012 and other measures. Given the large size ways to enhance the federal reviewing annual reports of Additions to Reserve policy. various departments and Crown of the bill, the Senate decided to send the subject matter of the The Standing Senate Committee corporations, as well as reports of on Social Affairs, Science and the Audtior General. bill to six different committees for study while the bill was still Technology’s interim report Standings being examined by the House on Canada’s Clinical Trial Infrastructure: A Prescription for The Legislature adjourned on of Commons. The results of these studies, conducted over Improved Access to New Medicines December 20 and is expected to included four components: the resume sitting on March 26. The four weeks, were automatically referred to the Standing Senate process to approve prescription standings in the House remain pharmaceuticals with a particular 41 Progressive Conservatives, Committee on National Finance. This process facilitated the focus on clinical trials; the 13 Liberals and 1 Independent post-approval monitoring of Progressive Conservative. consideration of the bill which passed the Senate and received prescription pharmaceuticals; Royal Assent on December 14, the off-label use of prescription 2012. pharmaceuticals; and the nature John-Patrick McCleave of unintended consequences Research Assistant Committees in the use of prescription In addition to the second pharmaceutical. These reports do omnibus budget bill being split not complete the work of either up for pre-study by several committee, and further study will continue in the coming months.

60 CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 Senators Network with the arrival of was amended to require elections screen enhancements for Senate to be held every four years on the There were several departures sittings. In the past, when the second Tuesday in May. from the Senate during the last chamber was sitting, the floor few months. Saskatchewan channel displayed only a red PST Legislation Senator Robert Peterson, a civil screen which rotated between engineer and business executive, In an unusual move, the two pages of text indicating that nominated to the Senate by provincial government publicly the Senate was in session and released a draft proposed in 2005, retired the time that the Senate began its consolidation of the Provincial in October. Senators Gerry St. sitting. Since November, the floor Sales Tax Act on January 9, 2013 to Germain (British Columbia) channel screen displays real time help businesses and consumers and Frank Mahovlich () information about what items are also retired in November prepare for the reimplementation being considered by the Senate and December, respectively. of the PST on April 1, 2013. (question period, government Appointed to the Senate in The draft legislation includes a business, bells ringing for a vote, 1993, Senator St. Germain consolidation of the Act passed etc.), including the name of the was originally elected to the in May 2012, along with draft Senator who is speaking. These House of Commons in 1983. proposed amendments. The enhancements make it easier to In 2000, he became the first release of the draft legislation follow the sitting of the Senate. Senator to sit as a member of fulfilled a 2012 commitment by the party and the government to release the Vanessa Moss-Norbury was a long serving Chair of the final PST legislation in advance Procedural Clerk of the move back to PST. The Standing Senate Committee on Journals Office Aboriginal Peoples. A six time draft legislation was shared Stanley Cup winner and Order with Members of the Legislative of Canada recipient, Senator Assembly prior to its release and Mahovlich was recommended before the House reconvened. to the Senate by Jean Chrétien On February 13, 2013, Bill 2 – in 1998. On January 18, 2013, Provincial Sales Tax Transitional Senator Joyce Fairbairn (Alberta) Provisions and Amendments Act, resigned from the Senate. 2013 was introduced. Comprising A former journalist, Senator 308 sections, Bill 2 completes Fairbairn was nominated to the British Columbia the legislation required for the Senate in 1984 by Pierre Trudeau, reimplementation of the PST and for whom she had previously he Legislative Assembly provides transitional provisions been press secretary. She was Treconvened on February 12, and consequential and related the first female Leader of the 2013 for the Fourth Session of amendments to other statutes. Government in the Senate, a post the 39th Parliament which was Committee Activity she held from 1993 to 1997. prorogued that morning and In late January 2013, followed in the afternoon by On October 31, 2012, the Select with numerous vacancies in the opening of the Fifth Session. Standing Committee on Health the Senate, Prime Minister Following the Throne Speech the released a report covering the announced Budget was presented on February first stage of its inquiry into the his intention to appoint five 19, 2013 pursuant to the Budget projected impact of demographic new Senators. These include Transparency and Accountability Act, trends on the provincial health Doug Black (Alberta), David M. which requires the main estimates care system to 2036. The Wells (Newfoundland and to be presented every third report includes the results of a Labrador), Lynn Beyak (Ontario), Tuesday in February. public consultation, research Victor Oh (Ontario) and A short sitting is expected on population aging, and a Denise Batters (Saskatchewan). as a provincial general election consultant’s findings. is scheduled to take place on On November 14, 2012, the Other news May 14, 2013. British Columbia Select Standing Committee on There were some changes to the has had fixed election dates since Finance and Government Services internal Parliamentary Television 2001, when the Constitution Act reported on the province-wide

CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 61 consultations relating to Budget The Standing Committee on 2013. The report summarizes Legislative Offices reviewed the public input received and the appointment of a Public makes 29 recommendations for Interest Commissioner pursuant the next provincial budget. The to the Public Interest Protection Committee also completed its (Whistleblower Protection) Act. annual review of the budgets of Expected to come into force on the eight independent legislative June 1, 2013, this Act provides offices and issued a report Alberta for the creation of the Public with recommendations on Interest Commissioner, a new December 17, 2012. n January 15, 2013, it was Officer of the Legislature. Like announced that the Spring The Special Committee to O the other Officers, the Public Sitting would commence on Interest Commissioner will be Inquire into the Use of Conducted March 5, 2013 with the budget Energy Weapons and to Audit appointed by the Legislative to be tabled two days later, on Assembly of Alberta, following Selected Police Complaints March 7, 2013. The Spring Sitting continued to meet during the a recommendation by the is a continuation of the First Committee. After discussing reporting period. The Committee th Session of the 28 Legislature, the issue at its meeting on is likely to conclude its inquiry which began May 23, 2012. The before the House prorogues. February 14, 2013, the Committee Legislative Assembly of Alberta recommended that the Alberta On January 23, 2013, the has not had a session comprising Ombudsman, Peter Hourihan, be Special Committee to Appoint an three or more sittings since appointed the first Public Interest nd Auditor General released a report the Fourth Session of the 22 Commissioner. recommending that John Doyle Legislature in 1992-1993. The Select Special Conflicts of be appointed Auditor General Committee Activity of British Columbia for a second Interest Act Review Committee, term ending on October 31, 2015. The three Legislative Policy appointed by the Assembly The unanimous recommendation Committees continued their on October 23, 2012, began its was the outcome of a controversial work in reviewing matters review of the Act, and has put process during which Premier relevant to their mandates. The out a call for written submissions. Christy Clark announced that the Standing Committee on Families At the Committee’s direction a government intends to amend the and Communities has received discussion guide has been made Auditor General Act to change the presentations for the purpose available to the public online, Auditor General’s appointment of pursuing a review related to and the deadline for receipt of to a single non-renewable eight- mental health in Alberta. The written submissions is March 1, year term. Currently, the Auditor Standing Committee on Resource 2013. In the meantime the General is appointed for a six-year Stewardship is currently in the Committee will receive research term that may be renewed once for process of preparing a report briefings from support staff and a period of up to six years. to the Assembly having now technical briefings on the Act heard oral submissions and from representatives of Alberta On February 4, 2013, Mr. Doyle conducted site visits as part of Justice and Solicitor General announced that he has accepted its review on the feasibility of and the Office of the Ethics an offer to become the Auditor developing hydroelectric capacity Commissioner. General of the State of Victoria, on Alberta’s three major northern Point of Privilege Raised in Australia later this year. rivers. The Standing Committee Committee Changes in the Legislature on Alberta’s Economic Future has received written submissions The Special Standing Committee On January 14, 2013, Boundary- from stakeholders and is on Members’ Services, chaired Similkameen MLA John Slater continuing its review regarding by Speaker Gene Zwozdesky, announced that he is resigning the operation of a program met on February 7, 2013, to from the BC Liberal Party caucus enabling companies to obtain raw review Members’ allowances. to sit as an independent member. bitumen from the Government However, it was a tweet made to upgrade it into more valuable prior to the meeting by Premier Byron Plant petroleum products. which took Committee Research Analyst

62 CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 up much of the Committee’s With these changes the size on second reading was taken on discussion. The Premier’s of Cabinet was reduced to 18 November 5th, 2012 – second tweet praised Members of ministers. reading passed by twenty- the Government caucus for eight members voting in favour leading by example and stated: Jody Rempel and nineteen members voting “PCs will freeze MLA pay and Committee Clerk against the motion for second housing allowances today.” reading. The Law Amendments The comment raised concerns Committee considers bills after among opposition members on second reading and receives the Committee who argued it submissions from the public. infringed on the independence of It was of note that for the first the all-party committee. The issue time in at least thirty-five years was initially raised by Committee the Committee held meetings member Danielle Smith, Leader on a Bill outside Halifax. These of the Official Opposition, as a hearings on Bill 94 were held over point of order. Initial debate on a six day period in Halifax and the issue included the suggestion outside of the city. Third reading that the Chair write a letter to debate took three hours and a the Premier to discourage her he fall sitting of the Fourth recorded vote was taken on third from pre-empting the work of TSession of the 61st General reading of the bill on December a committee of the Assembly. Assembly commenced on 6th, 2012 – third reading passed Following further discussion on October 25, 2012 and concluded by twenty-six members in favour the matter the issue was then on December 6th, 2012 when and twenty-two members against raised as a question of privilege thirty-three Bills received Royal with one cabinet minister voting by another Committee member, Assent. The Speech from the against third reading. Brian Mason, Leader of the Throne opening the Fourth The Bill implements the New Democrat Opposition. The Session was delivered on March changes in the electoral Chair indicated he would take 29, 2012 at the beginning of the boundaries recommended the issue under advisement and spring sitting – it was interesting September 24, 2012 by the come back to the Committee at a to observe during the fall sitting Electoral Boundaries Commission future meeting with the process on October 25, November 9th appointed pursuant to the to be followed in dealing with and 27th, 2012, two hours and House of Assembly Act. The major a question of privilege at the eight minutes were used by three changes include a decrease in committee level. members (two Government and the present fifty-two to fifty-one one Official Opposition) to reply Cabinet Shuffle electoral districts and a re-setting to the speech. either by the removal of or the On February 4, 2013, Premier During the fall sitting the NDP addition of territory to most of Redford announced changes government introduced twenty- the districts. and a small reduction in the size nine Public bills and five Private of Cabinet. , and Local Bills. The Opposition Emergency Debate Parties introduced thirty-three Deputy Premier, was assigned A second Emergency Debate was Private Members’ bills and one responsibility for the Enterprise held on December 4, 2012 when Private and Local bill. and Advanced Education the Leader of the Progressive portfolio, taking over the role Legislation Proposing New Conservative Party requested and from , Member Electoral Districts was granted leave to debate the of the Legislative Assembly new increased estimated costs of for St. Albert. In addition, As an update to the article which the Maritime Link portion of the Dr. , Member appeared in the Winter 2012 Muskrat Falls project. The topic of the Legislative Assembly for issue, second reading debate was debated for two hours from An Act to Amend Vermilion-Lloydminster, replaced on Bill 94 – 2:49 to 4:49 p.m. that day. Christine Cusanelli, Member Chapter 1 (1992 Supplement) of the of the Legislative Assembly for Revised Statutes, 1989, the House Annette M. Boucher, Q.C. of Assembly Act, took a little over -Currie, as Minister of Assistant Clerk Tourism, Parks and Recreation. nine hours and a recorded vote

CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 63 the Bill, went beyond its mandate that to vote separately on and usurped the authority of every motion would diverge the House. In turn, Mr. Brison from the practice of the House. argued that the October 31 Accordingly, he ruled that he motion, which specified a time would be guided by past rulings limit for the clause-by-clause and, in particular, by the ruling consideration, had resulted in on Bill C-38, when ruling on the House of Commons a decision of the Chair being report stage motions for Bill C-45. overturned by the Committee, he House adjourned for the Debate at report stage of the and consequently, in the Bill began on November 29, Twinter break on December 12, Committee being forced to vote 2012, and resumed sitting on when the Speaker selected and on all amendments submitted, grouped for debate and voting January 28, 2013. The following even those which had yet to information covers the period 667 motions in amendment. be moved. On November 29, On December 3, 2012, a time from November 1, 2012, to 2012, Speaker Andrew Scheer, January 27, 2013. allocation motion allotting five ruled that without a report to further hours of debate at report Bill C-45, Jobs and Growth Act, the House from the Finance stage and one sitting day at third 2012 Committee detailing specific reading stage of the Bill was During the fall period, the grievance or describing a adopted. On December 4, 2012, proceedings on Bill C-45 drew particular set of events, he could 46 recorded divisions were taken much attention and were the not find sufficient evidence by the House to dispose of report subject of many interventions in that the Standing Committee stage. the House and in committee. exceeded the limits of its mandate and powers in its consideration of On December 5, 2012, the On October 30, 2012, Bill C-45 the Bill. He therefore considered Speaker ruled on a point of was read a second time and the 13th Report of the Standing order raised earlier that day by referred to the Standing Committee on Finance to be Mr. Cullen with regard to the way Committee on Finance, which properly before the House and the motion for concurrence at held several meetings on the Bill. ruled that the Bill could proceed report stage of Bill C-45 had been Pursuant to a motion adopted to the next steps in the legislative moved the previous evening. Mr. by the Committee on October 31, process. Cullen noted that the motion put 2012, the clause-by-clause to the House by the Chair named consideration of the Bill ended On November 29, 2012, Minister of Finance, Jim Flaherty, on November 21, 2012, when all before delivering a ruling on as the mover. However, as the question necessary to dispose of the selection and grouping of Minister was not present in the the Bill were put without further motions in amendment at report House at the time the motion was debate. Between November 21 stage of Bill C-45, the Speaker moved, the Member argued that and 23, the Committee took responded to a point of order the motion was out of order and over 3,600 decisions, voting raised by Mr. Cullen the previous that the vote that took place was consecutively for 46 hours, day regarding the grouping of not legitimate. In his ruling, the with few suspensions. On report stage motions. Mr. Cullen Speaker reported that there had, November 26, the Bill was had expressed concern that, in fact, been a clerical oversight reported back to the House as a result of the grouping for in the moving of the motion, without amendment. voting of motions at report but that the practices of the stage, Members may have to The same day Opposition House provided for this kind of cast a single vote that would event. He explained that since a House Leader Nathan Cullen apply to several motions, some and Scott Brison raised government bill is considered an of which they may support and initiative of the entire Cabinet, points of order regarding others which they may oppose. the Standing Committee on it is the practice of the House Peter Van Loan, Leader of the that one minister can move a Finance proceedings on the Government in the House of Bill. Mr. Cullen argued that the motion on behalf of another. The Commons, also intervened in the Speaker mentioned that practice Finance Committee, through the matter. Referring to his ruling adoption of its motion regarding was followed when the Journals of June 11, 2012, in relation to were drafted to indicate that the the conduct of its proceedings on Bill C-38, the Speaker explained

64 CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 motion had been moved by the Points of Order and Procedure the Speaker made a statement Government House Leader, and concerning order and decorum On November 27, 2012, the thus, ruled that the House could in the House. He noted that, in Speaker ruled on a point of order proceed with the third reading recent months, the atmosphere in raised on November 5, 2012, by debate. Later that day, Bill C-45 the Chamber had been difficult regarding the was read a third time and passed. at times, and encouraged all nature of an answer given to a Members to make a greater effort On December 12, 2012, written question. Stating that it to curb disorder and unruly the Speaker delivered a more is not in order to indicate in a behaviour. He then reminded comprehensive ruling on response to a written question them that the Chair’s authority the points of order raised the total time and cost incurred to enforce the rules depends on November 28, 2012, by by the government in the on the co-operation of the Mr. Cullen and Mr. Van Loan. preparation of that response, House. He finished, on behalf The Speaker stated that there are Mr. Garneau objected to a of all Members, by saluting several precedents to justify the response given during Question and thanking the other Chair selection of motions and their Period by the Minister of Public Occupants for their excellent grouping for voting purposes at Safety, , in which work. report stage, and that these are the Minister had indicated the long-standing practices of the large cost of answering a specific Private Members’ Business House. He then clarified that the written question. In his ruling, Chair is and will continue to be the Speaker suggested that the On December 6, 2012, the Speaker guided by procedural imperatives Member asking the question and ruled on a point of order raised in all of its decisions, and that the government find a way to on November 22, 2012, by report stage motions are not, and achieve a result that would satisfy Alexandre Boulerice regarding An Act to amend the never have been, selected for both parties, and noted that the Bill C-377, Income Tax Act (requirements debate and grouped for voting rules that apply to the content for labour organizations) on the basis of the likely outcome of replies to written questions . of a vote. Lastly, the Speaker do not apply to responses given Mr. Boulerice argued that the addressed the role and rights of during Oral Questions – even Bill contained provisions that independent Members during if the oral question relates to a would require new spending report stage. He explained that written question. Accordingly, he for purposes currently not independent Members do not ruled the reply by the Minister of authorized by the legislation, currently sit on committees, Public Safety to be in order. and that it should therefore suggested that a satisfactory be accompanied by a royal Several dilatory motions were mechanism could be found to recommendation. Tom Lukiwski, moved between November 21 afford them opportunities to to the and 23, 2012, resulting in move motions in committee, Leader of the Government, and unexpected recorded divisions. and mentioned that the report Russ Hiebert, the sponsor of the The motions “that the House do stage selection process by the Bill, in turn both responded that now adjourn”, “that the Member Chair would adapt to such a new any spending proposed by the be now heard”, “that the House reality. Accordingly, the Speaker Bill was already authorized under do now proceed to the Orders of concluded that unless and existing provisions. The Speaker the Day”, and “that the debate until new ways of considering found that the provisions in the be now adjourned” were moved the motions of all Members Bill could result in an increased a total of seven times during this to amend bills in committee workload or operating costs, but three-day period and each time were found, he intended to would not require spending for a decided on a recorded division. continue to protect the rights of new function, and that therefore Two of these motions, “that the independent Members to propose the requirements contained House do now proceed to the amendments at report stage. in the Bill could be said to fall Orders of the Day” and “that the within the existing spending On December 14, 2012, Member be now heard”, were authorization. Accordingly, he Bill C-45 received Royal Assent. agreed to; all the others were ruled that Bill C-377 did not negatived by the House. require a royal recommendation, On December 12, 2012, at and that it could proceed through the end of Oral Questions, the legislative process.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2013 65 Committees was reported back to the House Louis Plamondon and without amendment. Elizabeth May on behalf of the Following recent examples, the Bloc Québécois and the Green Standing Committee on Public Other Matters Party, the Acting Speaker invited Safety and National Security Members to observe two minutes adopted a motion regarding As a result of recent by-elections of silence. its consideration of Bill S-7, An the Speaker informed the House Act to amend the Criminal Code, on December 11, 2012 of the On December 6, 2012, at the Canada Evidence Act and the election of Murray Rankin as the the end of Statements by Security of Information Act, to set new NDP Member for Victoria. Members, Jean-François Fortin, a specific date for the end of the The next day, the Speaker , Thomas Mulcair clause-by-clause consideration; announced the election of and Shelly Glover each made to instruct the Chair of the Conservatives Joan Crockatt for statements commemorating the Committee, if the consideration Calgary Centre and Erin O’Toole National Day of Remembrance had not been completed by a for Durham. and Action on Violence Against specific time on this date, to On November 7, 2012, Women. Afterwards, the House put every question necessary to following the Statement by observed a moment of silence. dispose of the Bill without further Minister of Veterans Affairs debate; and to order the Chair to Steven Blaney on Remembrance Philippe Grenier-Michaud report the Bill back to the House Day observances, and replies Procedural Clerk at the next available opportunity. by Peter Stoffer on behalf Table Research Branch On December 11, 2012, Bill S-7 of the Official Opposition, Sean Casey for the Liberals,

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