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Saskatchewan
The Assembly returned for a shortened spring session on March 10th. Members
first paused to reflect on the passing of nine former Members over the
previous year and to adopt motions of condolence for each. Subsequent days
were devoted to considering supplementary estimates and moving forward
on the governments legislative agenda.
The following week saw Finance Minister Rod Gantefoer deliver his first
budget on March 19th. The budget focused on addressing many of the campaign
promises made by the Saskatchewan Party in last falls general election.
A one billion dollar investment in capital and infrastructure improvements
was announced as part of the Ready for Growth Initiative. In addition,
the budget documents listed forty initiatives that would be funded as committed
to during the election campaign. These included increased funding to create
more positions in healthcare and policing, provide property tax rebates
and enhance K-12 and post-secondary education programs.
The Opposition Finance critic, Harry Van Mulligen, criticized the governments
budget for not sharing the $1.3 billion resources with average Saskatchewan
families. The NDP identified four areas that could have been addressed,
including immediately doubling property tax relief, doubling the number
of new training seats, investing in affordable housing programs and funding
green initiatives to help the province meet its climate change targets.
The budget debate was concluded on April 3rd with the Assembly defeating
the Opposition amendment and adopting the budget motion.
Extended Hours Motions
After growing concerned that there were insufficient sitting hours to complete
its agenda before the scheduled completion day of the spring session on
May 15th, the government was prompted to introduce a motion to extend the
sitting hours. The motion prescribed that the daily meeting on Mondays,
Tuesdays and Wednesday would be from 10:00 am to 12:00 midnight, with a
supper break between 5:00 p.m. and 6:00 p.m. The Assembly would observe
its usual morning sitting on Thursdays and then convene committee meetings
from 2:00 p.m. until midnight and again on Fridays from 10:00 a.m. until
5:00 p.m.
The Government House Leader, Mr. Gantefoer, opened the debate and was followed
by Kevin Yates of the Opposition. Mr. Yates continued to speak from early
afternoon on April 7th until late the following evening. Even a brief power
outage that dimmed the lights in the Assembly did not curtail his stamina
to continue. Mr. Yates concluded his remarks by moving an amendment to
extend the sitting hours to 1:00 a.m. on Mondays, Tuesdays and Wednesdays.
The Oppositions successful efforts to delay implementation of the extended
sitting hours prompted the Government to give notice of their intent to
move closure on the motion at the earliest opportunity on April 8th. The
Opposition House Leader Len Taylor responded by raising a question of privilege
on the decision to invoke closure. The basis of his submission was that
changes to the standing orders of parliaments were traditionally only implemented
after opposition parties had been consulted and their consent obtained
or after a lengthy parliamentary debate. In the present circumstances,
the two days of debate unduly limited the oppositions ability to consult
their constituents or to develop and offer alternatives. Mr. Taylor also
raised the concern whether the application of closure would contravene
the Assemblys Rules requiring a minimum amount of deliberation on specified
bills.
Speaker Don Toth delivered his ruling on April 9th. After noting that the
purpose of the closure rule was to provide governments with a procedural
device to bring debate on a question to a close and that it had only been
invoked seven times in the provinces history, he found that it was properly
applied in the present circumstances. Speaker Toth also noted that the
Rules contain several instances where the Assembly has imposed limitations
on debate or other means to curtail debate and that he, as Speaker, has
no discretionary authority to intervene as a matter of privilege. Accordingly,
he declined to find a prima facie case of privilege and prevent the closure
rule being applied to the extended sitting hours motions. The questions
on both the closure and sitting hours motions were subsequently adopted
by the Assembly on recorded divisions.
The Assembly proceeded to sit in accordance with the extended hours until
April 17th, when the sessional order was revised to return the House sittings
to hours more akin to the usual times and to retain the extended hours
as an option for committee meetings should the need arise.
Legislation and Committee Business
One of the first Acts to be passed by the Assembly during the spring session
was a law implementing fixed election dates. A provincial general election
will now be held on the first Monday in November every four years. Saskatchewan
is now the ninth jurisdiction in Canada to have fixed election dates. The
Assembly also approved The Consumer Protection Amendment Act, 2008 which
eliminates expiry dates on gift cards.
The two bills at the center of the extended hours disagreement have been
the subject of considerable debate in the House and in the Human Services
Committee. The Opposition had requested that public hearings be held on
Bill 5 - The Public Service Essential Services Act and Bill 6 - The Trade
Union Amendment Act, 2007. The government declined to do so and have instead
made Rob Norris, Minister of Advanced Education, Employment and Labour,
and his officials available for several hours of questioning in the committee.
Margaret (Meta) Woods
Clerk Assistant
Quebec
The parliamentary proceedings of the first session of the 38th legislature,
which were adjourned on December 19, 2007, resumed for the spring sessional
period on March 11, 2008.
Spring marks the beginning of the budgetary process at the National Assembly
and, last March 13, the Minister of Finance launched this process with
the Budget Speech. The debate on the Budget Speech ensued, to be suspended
in the Assembly and continued in the Committee on Public Finance. On March
18, 2008, the Assembly adopted a motion by the Government House Leader
for the Assembly to give consideration to Interim Supply for the fiscal
year ending March 31, 2009. This budgetary stage concluded with the passage
of Appropriation Act No. 1, 2008-2009, and the referral to the standing
committees of the estimates of expenditure for the 2008-2009 fiscal year.
On April 8, 2008, the Assembly resumed the debate on the Budget Speech
and, at the conclusion of this debate, carried the motion by the Minister
of Finance proposing that the Assembly approves in general the budgetary
policy of the Government.
Interparliamentary relations
The members of the Eastern Regional Conference of the Council of State
Governments (CSG/ERC) Executive Committee, who met in New Jersey from March
14-16, 2008, unanimously adopted a resolution marking the 400th anniversary
of the founding of Québec City and recognizing the contributions of the
population of Québec City to good North American relations. This resolution
was presented on the proposal of the Québec National Assembly delegation,
led by Tony Tomassi, Member for LaFontaine, Vice-Chairman of the Québec
Section of the CSG/ERC and member of the Executive Committee.
Parliamentary simulations
From February 13-15 2008, the Québec National Assembly welcomed 114 students
from Secondary 3 and 4 to the 6th Young People's Parliament. This parliamentary
simulation brought together young people attending 32 public and private
schools hailing from several Québec regions. During this simulation, the
Members examined three bills that they had drafted prior to this event:
a first bill promoting the prohibition of the sale of energy drinks to
minors, a second bill proposing measures to foster the learning of French
in Québec schools, and the last promoting healthy lifestyle habits among
Québec's youth.
Other news
On April 9, 2008, Roch Cholette announced his resignation as Member for
the Electoral Division of Hull. His departure increases to three the number
of vacant seats in the Assembly, which is now composed as follows: Québec
Liberal Party, 47; Action démocratique du Québec, 41; Parti Québécois,
34; vacant seats, 3.
On February 23, 2008, Denis Lazure passed away at the age of 82. He was
the Parti Québécois Member for the Electoral Division of Chambly from 1976
to 1981, in Bertrand from 1981 to 1984, and in La Prairie from 1989 to
1994.
Last March 18, the President of the Québec National Assembly, Michel Bissonnet,
inaugurated the all new Visitors' Centre at the National Assembly, in the
Parliament Building. The opening of this centre falls within the institution's
activities celebrating the 400th anniversary of Québec City. The objective
of bringing the citizens and their National Assembly and its Members closer
together prompted the creation of the Visitors' Centre. To reach the widest
possible range of visitors, this reception area uses a variety of methods
to broadcast information: scriptovisual panels, a display case, information
terminals, a viewing room, etc. It mainly serves as a gateway to discovering
the multitude of activities offered to the public at the Parliament Building.
The lights of the National Assembly buildings were symbolically shut off
on March 29, 2008, between 8.00 p.m. and 9.00 p.m. Through this gesture,
the National Assembly joined the vast worldwide movement to heighten awareness
regarding global warming. Earth Hour is an initiative of the World Wildlife
Fund and aims to raise the population's awareness so that special attention
may be paid to the consequences of climate change.
The Young Democrats' Tournament, which was held on April 12 and 13 at the
Petit Séminaire de Québec and at the Parliament Building, underlined in
a special way Québec City's 400th anniversary. This quiz game, which the
National Assembly has been organizing annually for sixteen years now, brought
together over 275 participants from Secondary 4 and 5 as well as college-level
students from various regions throughout Québec representing 35 educational
institutions. This special edition for the 400th anniversary was a privileged
opportunity for these young people to profitably employ their knowledge
on the history of Québec and of its parliamentary institutions.
On April 15 2008, the Library of the National Assembly held the sixth edition
of Political Book Day in Québec, under the theme Ideas within your reach.
This event aims to encourage authors and students who produce works on
political topics. The inauguration of the Les trésors de la Bibliothèque
exhibit, a round table and a conference on the Capital, and the awarding
of prizes to the recipients are featured among the Assembly's activities
commemorating the 400th anniversary of Québec City.
The National Assembly now provides wireless network technology using Wi-Fi
technology in parliamentary proceeding rooms as well as in several meeting
rooms. Via Internet, persons using wireless laptop computers may access
the Assembly's Extranet to log on to Outlook Web Access, Meridius, and
the Portal and Clerks sites. For those with laptops equipped with an authentication
token provided by the Assembly, they have access to all of the network
services via a secure Extranet. Wi-Fi may also be useful to visitors: ministerial
delegations, ministers, law clerks and other public servants; witnesses
summoned to appear before parliamentary committees; official and protocolar
delegates and other visitors.
Sylvia Ford
Secretariat of the Assembly
Standing committees
The Committee on Institutions was very active at the beginning of the year
and held three consultations all during the same period. The Committee
held public hearings, during the months of February, March and April, within
the framework of the general consultation on the documents entitled Evaluation
Report on the Act to Reform the Code of Civil Procedure and The Strategic
Lawsuits Against Public Participation (SLAPP).
Special consultations were held on Bill 50, An Act to amend the Professional
Code and other legislative provisions in the field of mental health and
human relations, during the month of March. This bill provides a new delineation
of professional activities in the field of mental health for certain professions
and a framework for the practice of psychotherapy.
Lastly, the Committee held special consultations on Bill 60, An Act to
amend the Police Act. This bill enables municipalities to conclude agreements
among themselves as regards particularly the provision of detention and
the joint use of equipment, premises or space.
On March 12, 2008, the Committee on Education heard the Institut culturel
et éducatif Montagnais, the Cree School Board, the First Nations Education
Council and the Minister of Education, Recreation and Sports. These hearings
arise from the tabling in the National Assembly, in February 2007, of the
Committee's report on the school success of Natives which contained recommendations.
Within the framework of orders of surveillance of public agencies (Standing
Order 294), in March, the Committee heard the Comité consultatif sur l'accessibilité
financière aux études and the Comité sur les affaires religieuses. The
Comité consultatif sur l'accessibilité financière aux études is responsible
more particularly for advising the Minister of Education, Recreation and
Sports on financial aid programmes and tuition fees. The mandate of the
Comité sur les affaires religieuses is to advise the minister on matters
involving the place of religion in schools.
During the month of February, the Committee on Social Affairs held public
hearings within the framework of the general consultation on Bill 63, An
Act to amend the Charter of human rights and freedoms, which expressly
states that Charter rights and freedoms are guaranteed equally to women
and men.
In March, the Committee heard the Chief Executive Officer of the Conseil
de gestion de l'assurance parentale to examine the management of this agency,
in pursuance of the Act respecting parental insurance. It was the first
time this agency came before a standing committee since its creation in
2005.
The Deputy Minister of Employment and Social Solidarity was also heard
within the framework of the examination of the 2003-2004 to 2006-2007 reports
on the activities funded by the Fonds québécois d'initiatives sociales,
in compliance with the Act to combat poverty and social exclusion, and
of the 2000-2001 to 2006-2007 reports on the activities of the Fonds d'aide
à l'action communautaire autonome, pursuant to the Act respecting the Ministère
du Conseil exécutif.
In February, the Committee on Labour and the Economy held public hearings
within the framework of the general consultation with reference to the
document entitled Report of the Minister of Labour on the implementation
of the Pay Equity Act. The Pay Equity Act obliges the Minister to present
a report to the Government on the implementation of the Act ten years after
its adoption. The purpose of the Pay Equity Act is to redress salary disparities
owing to systemic discrimination based on gender as regards persons working
in employment categories predominantly held by women.
During the months of March and April, the Committee on Culture heard the
three agencies established by the Charter of the French language, namely
the Conseil supérieur de la langue française, the Office québécois de la
langue française and the Commission de toponymie du Québec, within the
framework of orders of surveillance of public agencies (Standing Order
294).
The purpose of the Conseil supérieur de la langue française is to advise
the Minister responsible for the administration of the Charter on all matters
relating to the French language in Québec. The purpose of the Office québécois
de la langue française in particular is to ensure that the Charter is observed
and to monitor the evolution of the linguistic situation by reporting thereon
every five years to the minister responsible for the Charter. The purpose
of the Commission de toponymie is particularly to make proposals to the
Government regarding the standards and drafting regulations that are to
be observed when naming localities.
On April 9, the Committee on Public Administration was given an order by
the National Assembly for the second time since the beginning of the 38th
Legislature, and in actual fact since its creation in 1997. The order stems
from a motion moved by the Official Opposition House Leader at the weekly
period set aside for business standing in the name of Members in Opposition
(Standing Order 97). The Government House Leader tabled an amendment to
the motion. The amendment, as well as the amended motion, were adopted
unanimously.
The motion reads as follows: That the Committee on Public Administration
clarify the circumstances surrounding the dismissal of Bruno Fortier, Québec's
former Delegate General in New York, and that for this purpose the Committee
on Public Administration hear, no later than April 29, 2008, Mr. Fortier,
and Alain Cloutier, Deputy Minister of International Relations, as well
as any person it may deem necessary to summon, without, however, obliging
a person who has lodged a complaint to appear against his or her will.
Furthermore, on February 13, the Committee on Public Administration heard
the Deputy Minister of Health and Social Services and the Chief Executive
Officer of the Corporation d'hébergement du Québec. The Deputy Minister
was heard on April 2, along with the Director General of the Centre hospitalier
universitaire de Sainte-Justine, the Associate Secretary General of the
Conseil exécutif and the Executive Director of the management committee
for projects to modernize the university hospital centres of Montréal concerning
the watch over major capital assets projects of the Government.
Following the adoption of the order of initiative on residual waste management,
the Committee on Transportation and the Environment held special consultations
during the month of February. In addition to the 51 briefs received, the
Committee received additional input on this matter owing to the 89 working
papers and 225 answers to the questionnaire submitted within the framework
of the on-line consultation.
As provided for in the Standing Orders (S.O. 272, 275 and 276), the debate
on the Budget Speech, which began in the Assembly, continued in the Committee
on Public Finance on April 1, 2 and 3. The Minister of Finance was a member
of the Committee during its proceedings, as stipulated in the Standing
Orders.
The Examination of the Estimates by the Standing Committees
As is the case each year, the standing committees received the order to
examine the estimates of expenditure of the ministries and agencies. These
estimates of expenditure were tabled in the Assembly by the Chair of the
Conseil du trésor last March 18, while the calendar for the consideration
of the estimates of expenditure was tabled by the President of the Assembly
on April 1. At the conclusion of their mandate, the committees had spent
200 hours, from 10 to 25 April, on the examination and adoption of the
estimates of expenditure for the 2008-2009 fiscal year divided into 44
different elements.
Anik Laplante
Secretariat of committees
House of Commons
When the House of Commons reconvened after the Christmas adjournment, election
fever rose, as repeated tests of confidence in the Government punctuated
the proceedings. The Government was not defeated on any of these confidence
motions as, in many cases, most Members of the Official Opposition did
not vote.
A Liberal amendment to the budget, which was tabled on February 28, 2008,
by the Minister of Finance, Jim Flaherty, was negatived on March 3, 2008.
The main motion in support of the budget was agreed to the following day.
Another confidence question arose from a government motion to extend Canada's
mission in Afghanistan. The Liberal Party made public a proposed amendment
to the motion, which spelled out their conditions for supporting the mission's
extension. On February 21, 2008, notice was given of a second government
motion on Afghanistan, similar in content but incorporating some of the
demands of the Official Opposition. The vote on the latter motion was held
on March 13, 2008, and the motion was adopted with the support of the Official
Opposition.
A further test of confidence took the form of a motion calling upon the
Senate to pass Bill C-2, An Act to amend the Criminal Code and to make
consequential amendments to other Acts, by March 1, 2008. The motion was
adopted on February 12th. Bill C-2 was passed by the Senate on February
27th and received Royal Assent on February 28th.
On March 10, 2008, an opposition motion introduced by NDP Leader Jack Layton,
again tested the House's confidence in the government. The motion, pertaining
to climate change, was defeated.
The next day, Mr. Flaherty tabled a notice of Ways and Means motion to
implement certain provisions of the budget tabled in February. The government
declared the motion to be a question of confidence. Liberal MP Dan McTeague
then rose on a point of order to ask the Chair to rule inadmissible the
inclusion in the motion of provisions affecting Bill C-253, An Act to amend
the Income Tax Act (deductibility of RESP contributions), which he had
sponsored. These provisions effectively stated that Bill C 253 would be
nullified even if it passed. Bill C-253 is currently before the Senate.
On March 13, 2008, the Speaker delivered his ruling on the motion's admissibility.
He concluded that it was not procedurally flawed and that there were precedents
for the House voting on related or even contradictory bills in the same
session. He accordingly ruled that the Ways and Means motion could proceed
in its current form. The question was put on the motion and agreed to.
On April 10, 2008, Bill C-50, An Act to implement certain provisions of
the budget tabled in Parliament on February 26, 2008 and to enact provisions
to preserve the fiscal plan set out in that budget, also tested the House's
confidence in the government. Although the Bill was sharply criticized
by the opposition parties with respect to the immigration provisions it
contained, the motion for second reading of Bill C-50 was nevertheless
adopted and the Bill referred to the Standing Committee on Finance. On
April 17, 2008, NDP MP Olivia Chow, moved that it be an instruction to
the Committee that it have the power to divide the Bill C-50 into two or
more pieces of legislation. The motion did not come to a vote.
Committees
In recent weeks, the proceedings of a number of committees have been significantly
disrupted. Many procedural arguments have erupted relating to filibusters,
the scope of committees' mandates and challenges to rulings by committee
Chairs.
The Standing Committee on Procedure and House Affairs was effectively incapacitated
as debate on a motion to investigate Conservative election expense claims
led to a lengthy filibuster, which paralysed the proceedings. On March
6, 2008, a motion of non-confidence in the Chair, Gary Goodyear, was adopted.
Joe Preston was elected to replace Mr. Goodyear, notwithstanding his refusal
to allow his name to stand. Mr. Preston subsequently resigned.
The proceedings of the Standing Committee on Justice and Human Rights ran
into difficulties on March 11, when a Liberal motion proposed the study
of the allegations in the Chuck Cadman affair. The Chair, Art Hanger, ruled
the motion inadmissible on the grounds that it exceeded the scope of the
Committee's mandate. When Members attempted to appeal the ruling, Mr. Hanger
vacated the room and the Vice-Chair adjourned the meeting. The same scenario
was repeated on March 12, April 1, 3, 8 and 15.
On February 27, 2008, the consideration of Bill C-377, An Act to ensure
Canada assumes its responsibilities in preventing dangerous climate change,
by the Standing Committee on Environment and Sustainable Development led
to a Conservative filibuster. The Committee agreed on April 17, 2008 to
abandon its clause-by-clause consideration and to report the Bill back
to the House with the amendments adopted to date. The Committee also prepared
an additional report describing the circumstances that lead to this decision.
On March 14, 2008, events in the Standing Committee on Access to Information,
Privacy and Ethics were the subject of a ruling by the Speaker. Paul Szabo
raised on a point of order contending that the Committee had adopted a
motion, relating to Liberal fundraising practices, that exceeded its mandate.
The Speaker noted that his predecessors had been reluctant to intervene
in the proceedings of committees, except where exceptional circumstances
warranted. He found that there were not sufficient grounds to usurp the
role of Members. He also cautioned Members about the manner in which committee
proceedings had been conducted since the commencement of the 39th Parliament;
describing the proceedings as verging on anarchy. He appealed to those
to whom the management of the business of Parliament had been entrusted
to take leadership and to work together to find a balance which enabled
the parties to pursue their political objectives and allowed Members to
continue their work.
Other committees have been more functional. The Third Report of the Standing
Committee on Public Accounts, presented to the House on February 12, 2008,
found that Barbara George, RCMP Deputy Commissioner of Human Resources,
had made misleading or untruthful statements in her testimony before the
Committee in connection with the administration of RCMP pension and insurance
plans. The Committee recommended that the Deputy Commissioner be found
in contempt of Parliament but that no further action be taken, as this
was sanction enough. On April 10, 2008, the Chair of the Committee, Shawn
Murphy, raised a question of privilege asking the Speaker to find a prima
facie case of contempt. The Speaker acknowledged that the report tabled
by the Committee had been unanimous and that there was accordingly a prima
facie case of privilege. Mr. Murphy moved that the House find Ms. George
in contempt and the motion was adopted.
On February 12, 2008, the Leader of the Government in the House of Commons,
Peter Van Loan, moved that Bill C-20, An Act to provide for consultations
with electors on their preferences for appointments to the Senate, be referred
to a legislative committee. The motion was adopted the next day. On February
27, 2008, the Speaker named Liberal MP Albina Guarnieri, Chair of the Legislative
Committee on Bill C-20. The Committee's agenda is quite exhaustive, with
a list of more than 60 witnesses submitted to the clerk of the Committee.
In addition, the motion concerning the Canadian mission in Afghanistan
adopted on March 13, 2008, provided for the creation of a special parliamentary
committee on Afghanistan. On April 8, 2008, an opposition motion by Liberal
MP Bob Rae was adopted unanimously which called for the striking of such
a special committee and the tabling of a list of its membership. On April
15, 2008, the first meeting of the Committee was held and Conservative
MP Pierre Lemieux was elected Chair.
During the Standing Committee on Canadian Heritage's study of Bill C-327,
An Act to amend the Broadcasting Act (reduction of violence in television
broadcasts), six children aged 10 to 15 years were invited to testify further
to a motion by Liberal MP Mauril Bélanger, who wanted to hear directly
from those targeted by the Bill. The appearance of minors before a House
of Commons Committee was a first in the annals of Parliament.
Rules of Order and Decorum
On February 29, Conservative MP Ed Fast rose on a point of order to ask
Liberal MP Shawn Murphy to apologize for heckling him during statements
by Members on Thursday, February 28, 2008. Mr. Fast alleged that Mr. Murphy,
who sits next to him, made unparliamentary remarks about former Prime Minister
Brian Mulroney, saying, Hang Mulroney, and Put a noose around his neck.
On March 3, 2008, Mr. Murphy rose to accept responsibility for his inappropriate
comments and to apologize.
On April 4, Tom Lukiwski, Parliamentary Secretary to the Government House
Leader, rose on a question of privilege in order to apologize for remarks
he had made in 1991, which had been broadcast in the media the previous
day. Mr. Lukiwski's remarks were nonetheless subject to much criticism
during Question Period in early April.
On April 10, 2008 the Speaker ruled on a question of privilege raised on
March 13, 2008 by NDP MP Yvon Godin, who had alleged that Josée Verner,
Minister of Canadian Heritage, Status of Women and Official Languages,
misled the House concerning an invitation to appear before the Standing
Committee on Official Languages. The Speaker stated that the Minister's
letter of reply to the Committee, in which she requested to appear at a
later date, was somewhat ambiguous. He added that, although differences
of opinion with respect to fact and details are not infrequent in the House,
it would have been preferable for the Minister to resolve the matter by
explaining her decisions more precisely. He concluded that it remained
a dispute as to facts and that it did not constitute sufficient grounds
for a finding of a breach of privilege.
Speakers' Rulings
On April 17, 2008, the Speaker ruled on the admissibility of Bill C-505,
An Act to amend the Canadian Multiculturalism Act (non-application in Quebec).
According to Liberal MP Derek Lee, who raised the point of order April
9, the Bill was anti-constitutional because it would contravene article
27 of the Canadian Charter of Rights and Freedoms. The Speaker stated that
it was not for the Chair to pronounce on constitutional questions and that
Bill C-505 was admissible in its current form.
On March 3, 2008, the Minister of Agriculture and Agri Food and Minister
for the Canadian Wheat Board, Gerry Ritz, tabled Bill C-46, An Act to amend
the Canada Wheat Board Act and Chapter 17 of the Statutes of Canada, 1998.
Liberal Agriculture critic Wayne Easter then rose on a point of order to
question the legality of the procedure because, in his view, it contravened
section 47.1 of the Canadian Wheat Board Act, which establishes the conditions
for the introduction of such a bill in the House. The Speaker said he would
take the matter under advisement, adding that questions of law are not
normally matters for the Chair to decide. On March 6, 2008, the Speaker
ruled that the Bill did not offend the requirements of section 47.1 of
the Act and could therefore proceed.
Other Matters
Following by-elections held on March 17, Rob Clarke (Desnethé MissinippiChurchill
River, CPC); Martha Hall Findlay (Willowdale, Lib.), Joyce Murray (Vancouver
Quadra, Lib.) and Bob Rae (Toronto Centre, Lib.) took their seats in the
House of Commons when it reconvened after the Easter adjournment, on March
31, 2008.
In March the Speaker informed the House that a vacancy had occurred in
the representation of the House of Commons, for the Electoral District
of Saint-Lambert, by reason of the resignation of Bloc Québécois MP Maka
Kotto. Mr. Kotto left to be a candidate in a provincial by-election. On
April 7, 2008, the Speaker informed the House that Liberal MP Brenda Chamberlain
had resigned as the Member for Guelph.
Catherine Gérin-Lajoie
Procedural Clerk
Table Research Branch
Alberta
On February 4, 2008, Premier Ed Stelmach announced in the Legislature that
he had sought the dissolution of the 26th Legislature and that a provincial
general election would be held on March 3, 2008.
The main issues of the campaign included sustainable economic growth, environmental
protection, affordable housing, and health care. It was also the first
opportunity for the electorate to endorse or reject Mr. Stelmach's mandate
to lead the provincial government.
At dissolution, the standings in the Legislative Assembly were 61 Progressive
Conservatives, 16 Liberals, four New Democrats, one Alberta Alliance, and
one Independent. Following the March 3 election, the standings in the Legislative
Assembly are: Progressive Conservatives 72, Liberals nine, and New
Democrats two.
The Progressive Conservative party obtained 53 per cent of the popular
vote, up from 47 per cent in the 2004 election, and gained 11 seats in
the Legislative Assembly. The election marked the 11th consecutive victory
for the Progressive Conservative Party. Voter turnout was 41 per cent,
down from 46 per cent in 2004.
The Leader of the Alberta Liberal Party, Kevin Taft, was re-elected in
his constituency of Edmonton-Riverview. Dr. Taft was first elected in the
provincial general election of 2001. The Liberals obtained 26 per cent
of the popular vote and lost seven of their previous 16 seats throughout
the province.
The Leader of the New Democrat party, Brian Mason, was re-elected to the
riding of Edmonton-Highlands. Mr. Mason was first elected to the Assembly
in a by-election in June 2000. Rookie New Democrat candidate Rachel Notley
was elected in the Edmonton-Strathcona constituency which had previously
been held by retiring New Democrat MLA Raj Pannu. Ms Notley is the daughter
of former Alberta New Democrat leader Grant Notley. Mr. Notley died tragically
in a plane crash in 1984. Having lost two of their previous four seats
in the election and receiving only nine per cent of the popular vote, the
New Democrats are no longer a recognized party under the Legislative Assembly
Act.
The Alberta Alliance Party and the Wildrose Party merged in January 2008
to create the Wildrose Alliance. Paul Hinman, the Member representing the
rural constituency of Cardston-Taber-Warner, and the only elected Member
of the Alberta Alliance, was selected as the leader of the new party. The
Wildrose Alliance Party received seven per cent of the popular vote but
did not win any seats in the Legislature. The constituency of Cardston-Taber-
Warner was reclaimed by Progressive Conservative candidate Broyce Jacobs
who held the seat before Mr. Hinman's election in 2004.
New Cabinet
Premier Stelmach announced his Cabinet on March 12, 2008. Several ministries
were reorganized to reflect the government's priorities and four new cabinet
posts were created. The number of Cabinet Members is now at 24, including
the Premier. The new cabinet does not include any Associate Ministers but
in an attempt to assist Ministers with the demands of their portfolios
and to provide government Members with Ministry experience the Premier
created 10 Parliamentary Assistant positions. Appointed by the Premier
and responsible to the appropriate Minister, these Parliamentary Assistants
receive administrative support from the ministry and are not part of Cabinet.
Some portfolio changes and additions include:
-
the Ministry of Infrastructure and Transportation has been divided into
two Ministries: Infrastructure which manages government-owned infrastructure
and municipal infrastructure grants, and Transportation which focuses on
the provincial highway network and municipal transportation grants;
-
International and Intergovernmental Relations has taken on responsibility
for investment attraction;
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the new Ministry of Housing and Urban Affairs will take over responsibility
for housing services from the Ministry of Municipal Affairs;
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the responsibility for Aboriginal Affairs has been transferred from International
and Intergovernmental Relations to the new Ministry of Aboriginal Relations;
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the new Ministry of Culture and Community Spirit is responsible for community
development, the voluntary sector, culture and heritage attractions, as
well as several arts and culture funds.
Returning Cabinet Ministers with different portfolios include: Ron Stevens,
Deputy Premier and Minister of International and Intergovernmental Relations;
Lloyd Snelgrove, President of the Treasury Board; Dave Hancock, Minister
of Education; Iris Evans, Minister of Finance and Enterprise; Ron Liepert,
Minister of Health and Wellness; Luke Ouellette, Minister of Transportation;
Gene Zwozdesky, Minister of Aboriginal Relations; George Groeneveld, Minister
of Agriculture and Rural Development; Janice Tarchuk, Minister of Children
and Youth Services; Hector Goudreau, Minister of Employment and Immigration;
Ray Danyluk, Minister of Municipal Affairs; and Cindy Ady, Minister of
Tourism, Parks and Recreation.
Ministers maintaining their previous portfolios include: Doug Horner, Minister
of Advanced Education and Technology; Mel Knight, Minister of Energy; Ted
Morton, Minister of Sustainable Resource Development; and Fred Lindsay,
Solicitor General and Minister of Public Security.
Returning Members making their first appearance in Premier Stelmach's Cabinet
include: Mary Anne Jablonski, Minister of Seniors and Community Supports;
Jack Hayden, Minister of Infrastructure; and Yvonne Fritz, Minister of
Housing and Urban Affairs.
Three rookie Members have also been appointed to Cabinet: Alison Redford,
Minister of Justice and Attorney General; Lindsay Blackett, Minister of
Culture and Community Spirit; and Heather Klimchuk, Minister of Service
Alberta.
The ten Parliamentary Assistants have been assigned the following portfolios:
Manmeet Bhullar to Advanced Education and Technology; Doug Griffiths to
Agriculture and Rural Development; Janice Sarich to Education; David Xiao
to Employment and Immigration; Len Webber to Energy; Diana McQueen to Environment;
Raj Sherman to Health and Wellness; Thomas Lukaszuk to Municipal Affairs;
Robert Anderson to Solicitor General and Public Security; and Evan Berger
to Sustainable Resource Development.
Spring Sitting
The Spring Sitting of the 1st Session of the 27th Legislature commenced
on April 14, 2008, with the election of the presiding officers. Ken Kowalski
(P.C. Barrhead- Morinville-Westlock) surviving a challenge from Laurie
Blakeman (Lib. Edmonton-Centre), House Leader for the Official Opposition,
was elected for his fourth term as Speaker of the Legislative Assembly
of Alberta. Mr. Kowalski is the longest serving Member currently in the
Legislative Assembly of Alberta. Wayne Cao, (P.C. Calgary-Fort) was elected
on the second ballot as Deputy Speaker and Chair of Committees. Mr. Cao
has served in the Alberta Legislature since 1997. Len Mitzel, (P.C. Cypress-Medicine
Hat) was elected Deputy Chair of Committees. Mr. Mitzel was first elected
to the Assembly in 2004. Alberta elects its presiding officers by secret
ballot.
On April 15, 2008, Lieutenant Governor Norman L. Kwong delivered the Speech
from the Throne. The Speech, entitled Taking Action for Today and Tomorrow,
outlined plans for ensuring sustainable energy development and broadening
the province's economy to provide current and future prosperity for all
Albertans. Other highlights included:
-
the pledge to play a leadership role in the creation of 14,000 new child
care spaces in the province by 2011;
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improvements to the efficiency and effectiveness of the health care system
including the creation of new and expanded facilities;
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increased investment in provincial infrastructure with a significant focus
on the provincial highway system and traffic safety;
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establishment of a government/ industry council to advise on implementation
of carbon capture and storage technology; and
-
the creation of a Premier's Council on Arts and Culture.
On opening day, the Premier introduced Bill 1, Trade, Investment and Labour
Mobility Agreement Implementation Statutes Amendment Act, 2008 (TILMA).
The Bill provides the mechanics for the province to fulfill its legislative
obligations for the application of TILMA, an interprovincial trade, investment,
and labour mobility agreement between Alberta and British Columbia which
eliminates barriers faced by skilled professionals or tradespeople when
pursuing career opportunities in either province.
Standing Order Changes
On April 17, 2008, the Legislative Assembly approved temporary amendments
to its Standing Orders. Some of the amendments were modelled on the temporary
Standing Order amendments approved by the Assembly in the Spring of 2007
which were no longer in effect upon dissolution of the 26th Legislature.
Notable amendments include:
-
changes to the procedure for the consideration of the main estimates. The
Committee of Supply will consider the main estimates for 60 hours. At the
conclusion of the 60 hours of consideration, one vote is taken to approve
the estimates unless additional votes are required on amendments or if
a Member has provided notice that they would like the estimates of a particular
department voted on separately;
-
the establishment of five Policy Field Committees each consisting of 11
Members. The mandates of these five committees are based on the government's
Cabinet Policy Committees and encompass the following subject areas: Community
Services; the Economy; Health; Public Safety and Services; and Resources
and Environment. The committees may review Bills, regulations or prospective
regulations. The annual reports of each Government department, provincial
agency, Crown-controlled organization, board, or commission are also permanently
referred to the Policy Field Committees and may inquire into matters within
their jurisdiction.
The amendments have effect until the conclusion of the 2008 Fall Sitting
and will be reviewed by the Assembly's Standing Committee on Privileges,
Elections, Standing Orders and Printing. The Committee must report to
the Assembly with its recommendations no later than October 30, 2008.
Budget 2008
On April 22, 2008, Iris Evans, Minister of Finance and Enterprise, presented
Budget 2008 and the estimates for the 2008-09 fiscal year. Revenue for
the 2008-09 fiscal year is estimated to be $38.6 billion and total resource
revenue is expected to be $11.7 billion. The Minister projected total expenditures
of $37 billion in 2008-09. Surplus revenue is estimated to be $1.6 billion.
The Budget increases the base budget for the Department of Health and Wellness
by 9.1 per cent to $13.2 billion. Funding for Advanced Education and Technology,
which oversees post-secondary education programs, will increase by 5.5
per cent to $3.4 billion while program support for Education will increase
to $5.8 billion. Funding for the Department of Environment will increase
by over to $249 million. Another element of Budget 2008 was the elimination
of health care premiums on January 1, 2009.
Other Events
On March 11, 2008, Speaker Kowalski hosted a ceremony in the Legislature
Building Rotunda recognizing Alberta's Francophone community. Les Rendez-vous
de la Francophonie is a celebration of the province's French culture and
history. Joining Speaker Kowalski during the recognition ceremony were
Mr. Goudreau, Minister of Employment and Immigration; Mr. Taft, Leader
of the Official Opposition; Ms Notley, MLA, representing the Third Party
Opposition; and Jean Johnson, President, Association canadienne-française
de l'Alberta.
Micheline Gravel
Clerk of Journals/Table Research
Jody Rempel
Committee Clerk
Manitoba
In accordance with a sessional order passed in June 2007, the second session
of the 39th Manitoba Legislature resumed on April 9, 2008 to consider a
new budget and legislative agenda. The session began with Finance Minister Greg Selinger (NDP - St. Boniface) presenting the NDP government's ninth
budget. The 2008-2009 total operating expenditure of $9.8 billion represents
an increase of 6% from 2007-2008. Highlights of the government's opportunity
and stability budget included:
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Providing $182 million in new personal, property and business tax relief.
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Investing more than $100 million in capital projects at post-secondary
institutions.
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Investing an additional $5 million in child care to provide more spaces,
a new training and recruitment fund and higher wages.
-
Committing to a multi-year funding plan to reduce greenhouse gas emissions
by supporting sustainable farm practices, trucking technologies, active
transport initiatives and green heating technologies.
-
Proceeding with the $4-billion, 10-year plan to modernize highways and
bridges across the province.
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Finalizing work on the Red River Floodway expansion project.
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Investing $7.2 million to educate and hire more doctors.
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Providing an additional $3 million to increase the number of nurses, health-care
aides and allied health-care workers for personal-care homes in Manitoba.
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Providing $8.8 million more to the Manitoba Agricultural Services Corporation
to reflect increasing crop values covered by production insurance.
-
Funding $60 million in loan supports for hog producers.
-
Introducing disability insurance for volunteer firefighters in Aboriginal
and Northern Affairs communities.
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Providing more than $200 million in funding for the City of Winnipeg to
provide local services including transit services and public safety.
-
Providing support for Renaissance Brandon to help revitalize downtown Brandon.
During his contribution to the budget debate on April 11, 2008 Official
Opposition Leader Hugh McFadyen (PC - Fort Whyte) moved a motion expressing
non-confidence in the government, which stated that the budget failed to
address the priorities of Manitobans by:
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Increasing Manitoba's reliance on other provinces through equalization
payments.
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Increasing Manitoba's staggering debt load rather than reducing debt.
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Ignoring the priorities of Manitobans by failing to provide adequate resources
to combat crime.
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Failing to end hallway medicine, as promised, while at the same time nearly
doubling the health care budget.
-
Ignoring the City of Brandon, Manitoba's second largest urban centre.
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Neglecting to better protect Manitoba's most vulnerable children in the
care of the child welfare system.
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Failing to address the challenges facing the cattle and pork sectors as
they deal with low commodity prices, the impact of the high Canadian dollar,
rising input costs, pending Country of Origin Labelling, and the extension
of the moratorium on the hog industry.
-
Neglecting to reverse the misguided political decision to run BiPole III
down the West Side of Lake Winnipeg.
On April 16, 2008 Jon Gerrard (Independent Liberal - River Heights) moved
a sub-amendment to Mr. McFadyen's amendment. Dr. Gerrard identified a number
of other shortcomings in the government's financial plan, including:
-
Failure to address climate change by running a carbon-neutral government
or implementing a carbon-trading system in Manitoba.
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Neglecting the obvious need for rapid transit to significantly reduce greenhouse
gas emissions.
-
Failure to put patients first by continuing to base RHA spending on global
budgets rather than services delivered.
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Failure to implement a plan to reduce child poverty rates in Manitoba.
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Failing to work with the hog industry to address environmental issues.
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Refusing to consider the feasibility of an underwater hydro line under
Lake Winnipeg.
On April 21, 2008 Dr. Gerrard's sub-amendment and Mr. McFadyen's amendment
were each defeated on recorded votes of yeas 21, nays 35, while the main
budget motion carried on a recorded vote of yeas 35, nays 21.
The government introduced a number of Bills this spring session, including:
-
Bill 15 - The Climate Change and Emissions Reductions Act, which would
set targets for emissions reductions and require periodic reporting on
Manitoba's progress in achieving those targets.
-
Bill 17 - The Environment Amendment Act (Permanent Ban on Building or Expanding
Hog Facilities), which would prohibit the construction or expansion of
confined livestock areas for pigs and pig manure storage facilities in
specified areas of Manitoba.
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Bill 18 - The Testing of Bodily Fluids and Disclosure Act, which would
enable a person who has come into contact with a bodily fluid of another
person to get a court order requiring the other person to provide a sample
of the fluid for testing.
-
Bill 37 - The Lobbyists Registration Act and Amendments to the Elections
Act, the Elections Finances Act, the Legislative Assembly Act and the Legislative
Assembly Management Commission Act, which would introduce a range of amendments,
including:
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Requiring the registration of people who lobby the government, government
agencies or Members of the Legislative Assembly.
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Mandating that elections be held every four years on the second Tuesday
in June;
-
Restricting the mailing and printing privileges of Members before a fixed
date election.
-
Requiring that caucuses of registered political parties and Members who
receive a payment for supplies and assistance under the Act file an annual
financial report relating to the payments.
-
Requiring rules ensuring that materials produced or distributed at public
expense by caucuses and Members are non-partisan.
-
Establishing an annual mailing expense budget for caucuses and Members.
Private Member's Bills introduced so far this session by the official opposition
Progressive Conservatives include:
-
Bill 229 - The Manitoba Public Insurance Corporation Amendment Act (Elimination
of Benefits for Auto Thieves), which would deny benefits to a person for
injuries received in an accident, whether or not the person was at fault,
if he or she is convicted of stealing a motor vehicle involved in the accident,
or of taking it without the owner's consent.
Private Member's Bills introduced so far this session by the independent
Liberals include:
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Bill 223 - The Non-Smokers Health Protection Amendment Act (Protecting
Children From Second-Hand Smoke in Motor Vehicles), which would prohibit
smoking in motor vehicles in the presence of children.
Standing Committees of the Manitoba Legislature have been occupied with
a number of pursuits in recent weeks, including:
-
The Standing Committees on Justice and Social & Economic Development met
in April to hear public presentations on government bills and consider
legislation.
-
The Standing Committee on Crown Corporations met in March 2008 to consider
a series of reports from the Worker's Compensation Board.
-
The Standing Committee on Public Accounts met in April and May 2008 to
consider reports from the Auditor General covering a wide range of topics
including a review of the Crown Corporations Council, and Audits of the
Public Accounts. In cooperation with the office of the Auditor General,
the Public Accounts committee continues to review and reform its procedures
and practices.
In addition to specifying certain dates when steps in the budget and legislative
process must be completed, the sessional order also states that the House
will sit until to June 12, 2008.
Rick Yarish
Clerk Assistant /Clerk of Committees
British Columbia
Lieutenant Governor Stephen Point delivered his first Speech from the Throne
to open the 4th Session of the 38th Parliament on February 12, 2008. The
Speech contained a number of initiatives to further the government's goals
of healthier families and sustainable health delivery; educational excellence;
safe, supportive communities; and a strong economy. With regard to environmental
stewardship, the government's commitments include:
-
A future investment of $14 billion to improve transit and encourage higher
density in population centres;
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A new green building code;
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A Trees for Tomorrow program to encourage reforestation, with a goal
of zero net deforestation; and
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A Citizens' Conservation Council and a Youth Climate Leadership Alliance.
During the Throne Speech debate the Opposition expressed qualified support
for the greening of the province but claimed that a number of important
issues had been overlooked by the government. In particular, they argued
that there was no specific mention of new initiatives to tackle child poverty
and homelessness, or to raise the minimum wage.
Budget
Finance Minister Carole Taylor presented the budget on February 19, 2008.
The government's emphasis on the environment continued, with:
-
A new carbon tax, effective July 1, 2008;
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A $100 payment to each British Columbian in June 2008 to offset the impact
of the carbon tax;
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An investment of $1 billion over four years to help make greener choices
easier, more accessible and more affordable; and
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$95 million to establish a Pacific Institute for Climate Solutions.
Also included in the budget was more support for low-income families, health
care and the arts. The major changes to tax policy are a personal income
tax cut of 5 percent on the first $70,000 by 2009 and reductions in the
general corporate income tax rate (to 11 percent) and for small business
(to 3.5 percent).
Members of the Official Opposition were disappointed by the budget. They
pointed out that the impact of the carbon tax will be borne by ordinary
British Columbians. The opposition was also concerned that the budget appeared
to contain no measures to make advanced education more affordable, to help
parents find child care, or to help families struggling to keep a roof
over their heads.
Environmental Legislation
During the spring sitting, the government introduced more legislation to
deal with climate change, after having enacted the Greenhouse Gas Reduction
Targets Act last November. Bill 16, Greenhouse Gas Reduction (Renewable
and Low Carbon Fuel Requirements) Act requires gasoline-class or diesel-class
fuel suppliers to include biofuels in their products. Bill 18, Greenhouse
Gas Reduction (Cap and Trade) Act, would put an absolute limit on the emissions
responsible for global warming, and is designed to spur innovative and
low-cost solutions to reduce carbon pollution.
The Opposition spoke out against both, arguing that they are enabling bills
that simply lay out a framework for future action. Since the details of
both will be decided by cabinet and announced through regulations, opposition
energy critic John Horgan argued that the Legislative Assembly will have
no oversight of these important measures.
On April 28, 2008, Ms. Taylor followed up on her key budget measure by
introducing Bill 37, Carbon Tax Act. The tax will be revenue neutral and
will apply to virtually all fossil fuel combustion emissions, representing
about 70 percent of total emissions in British Columbia. Opposition environment
critic Shane Simpson, though, claimed the tax would penalize northern communities,
public services and low-income families. He also pointed out that the 30
percent of emissions excluded from the tax are mainly produced by the oil,
gas and aluminum industries.
Two other bills relating to the environment have recently been introduced.
Bill 31, Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment
Act, 2008, requires reductions in greenhouse gas emissions from sectors
including waste management and electricity generation and encourages development
of a wood bioenergy sector. Bill 38, Protected Areas of British Columbia
(Conservancies and Parks) Amendment Act, 2008, legally protects eleven
new Class A parks and sixty-six conservancies with almost a million hectares
of additional land.
Health Legislation
The government has introduced seven health-related bills this session.
These include Bill 24, E-Health (Personal Health Information Access and
Protection of Privacy) Act, which will enable B.C. to become the first
province to legislate a framework governing access and privacy rules for
health databases.
The subject of much debate is Bill 21, Medicare Protection Amendment Act,
2008, which incorporates in legislation the principle of sustainability.
The Minister of Health, George Abbott, explained that the amending bill
follows through on a commitment made in the 2006 Throne Speech to define
and enshrine the Canada Health Act's five principles and add a sixth principle
of sustainability for the province's public health care system. However,
the Opposition health critic Adrian Dix suggested that Bill 21 is an attempt
to shift toward more user fees and a means of limiting the scope of public
health care.
Committee work
Two parliamentary committees have been active so far this session. The
Select Standing Committee on Children and Youth was reappointed on March
4, 2008, to continue its work focusing on the B.C. child welfare system.
Over the last few months, the Committee has met to consider several reports
including: the Representative for Children and Youth's review of the government's
progress on implementing recommended changes to the B.C.'s child welfare
policies; a report on the educational outcomes of children in care; and
a referral report with 11 recommendations to improve systems of child
protection stemming from an inter-disciplinary investigation into four
historic child deaths in northern British Columbia.
The Special Committee to Review the Personal Information Protection Act,
which was first appointed a year ago, has completed its statutory review.
The committee chair, Ron Cantelon, tabled the report Streamlining British
Columbia's Private Sector Privacy Law on April 17, 2008. Where appropriate
the report's recommendations are consistent with those of the recent reviews
of similar privacy laws in Alberta and at the federal level. To fill gaps
in the B.C. law, the Committee urged government to consider requiring private-sector
organizations to be responsible for personal information transferred outside
Canada, as well as requiring mandatory notification of privacy breaches
in certain circumstances.
Cabinet Changes
On March 28, 2008, Minister of Public Safety and Solicitor General John
Les announced his decision to step down from cabinet, pending resolution
of an investigation into matters which occurred prior to his election to
the Legislative Assembly. Mr. Les was first elected to the Legislative
Assembly in 2001, and was re-elected in 2005. He previously served as Minister
of Small Business and Economic Development. He will continue to represent
his constituents as the Member for Chilliwack-Sumas.
John van Dongen has assumed the duties of Minister of Public Safety and
Solicitor General, in addition to his existing portfolio of Minister of
State for Intergovernmental Relations. Mr. van Dongen was first elected
in 1995 and previously served as Minister of Agriculture, Food and Fisheries.
Recognition
On Wednesday April 9, 2008, the precinct staff held a celebration in honour
of E. George MacMinn, Q.C., Clerk of the House on the occasion of his 50th
year of service to the Legislative Assembly of British Columbia. Mr. MacMinn
is the longest serving table officer in the Commonwealth and has served
ten Premiers, fourteen Speakers and hundreds of MLAs.
Kathryn Butler
Committee Researcher
Ontario
On March 17, the House resumed sitting after the winter adjournment, and
resumed its debate on the Speech from the Throne. The Throne Speech was
delivered on November 29, 2007 by David C. Onley, Lieutenant Governor of
Ontario. A number of newly elected Members presented their inaugural speeches
in the Legislature during the debate.
On the first day of the spring sitting, Speaker Steve Peters made a statement
regarding the conduct of business in the House. Through the following weeks,
the Speaker took several more opportunities to draw the House's attention
to matters of procedure and practice, making statements regarding the use
of language, tone, and interjections by Members; and clarifying the rules
around the use of supplementary questions during Oral Questions, and statements
of purpose during Introduction of Bills.
Two sets of Supplementary Estimates for the 2007-2008 fiscal year were
tabled in the House and deemed to be received and concurred in. On April
1 the Speaker announced that Royal Assent had been granted to Bill 45,
An Act to authorize the expenditure of certain amounts for the fiscal year
ending March 31, 2008.
On March 25, Dwight Duncan, Minister of Finance, presented Ontario's 2008
Budget. The Budget forecasts total expenditures of $96.2 billion, and a
surplus of $600 million. On April 2, after three days of debate, the House
voted to approve in general the budgetary policy of the Government.
The Speaker ruled on a number of points of privilege that were raised in
the House, concerning: a possible disclosure of Budget contents; Government
announcements not made available to Opposition members; the proposed introduction
of a tax not mentioned in the Budget; and events that occurred during a
meeting of a Standing Committee.
Prayer Panel
A panel of Members of Provincial Parliament, chaired by the Speaker, was
convened to review the traditional practice of reciting prayers at the
beginning of each day of the Legislature. The Speaker has invited the public's
submissions on the subject, which may be filed on the Legislative Assembly's
website. The panel is expected to hold consultations with the public.
Changes to the Standing Orders
The House debated and passed a motion to amend the Standing Orders that
will revise, inter alia, the weekly meeting schedule of the Legislative
Assembly. The start time of the daily (Monday-Thursday) House sitting will
move to 9:00 a.m. from 1:30 p.m. Evening sittings will be eliminated, except
during the last two weeks of either the spring or fall sitting. Oral Questions
will move to the morning from the afternoon. The number of items of Private
Members' Public Business that the House will consider weekly will increase
from two to three. Also new is the addition of the proceeding Introduction
of Visitors at 10:45 a.m. each day, at which time the Speaker will introduce
guests in the Chamber galleries on behalf of the Members. It will be out
of order for any other guests to be introduced by any Member.
The changes take effect on May 5 on a provisional basis until early in
the fall sitting, at which time the House may extend or permanently adopt
the provisional Standing Orders, with or without amendment. The Standing
Committee on the Legislative Assembly will meet during the summer adjournment
to consider the changes and will report its recommendations back to the
House during the first week of the fall sitting.
Recall of the Legislature
On Saturday, April 26, in response to a strike by employees of the Toronto
Transit Commission, the city's public transit provider, that began at midnight
that day, an Order in Council was delivered to the Speaker, requesting
him to reconvene the Legislative Assembly on Sunday, April 27. At this
extraordinary session of the Legislature, the following bill was introduced,
debated and passed with unanimous consent: Bill 66, An Act to resolve labour
disputes between the Toronto Transit Commission and Local 113, Amalgamated
Transit Union, Lodge 235, International Association of Machinists and Aerospace
Workers, and Canadian Union of Public Employees, Local 2. The Act received
Royal Assent on Sunday afternoon, leading to the resumption of transit
operations the same day.
Committees
The 2008-2009 Expenditure Estimates were tabled in the House on April 9
and deemed referred to the Standing Committee on Estimates. The Committee
selected the estimates of twelve ministries for review and sent the unselected
estimates back to the House. On April 29, the Committee began its consideration
of the estimates of the Ministry of Economic Development and Trade, the
first ministry selected.
The Standing Committee on Finance and Economic Affairs met during the winter
adjournment to write its report on the pre-Budget consultations that it
had conducted in January. The Chair presented the report to the House on
March 17. The Committee met on April 24 for clause-by-clause consideration
of Bill 44, An Act respecting Budget measures, interim appropriations and
other matters.
The Standing Committee on Government Agencies resumed consideration of
intended appointments to Ontario Government agencies, boards and commissions,
pursuant to its permanent mandate. Twenty-four nominees were interviewed
by the Committee during March and April. In addition, the Committee agreed
on a work plan under its mandate to conduct reviews of the operation of
agencies. During the summer and winter recesses of the coming year, the
Committee will review the following 6 agencies (2 selected per caucus):
Human Rights Legal Support Centre; Ontario Educational Communications
Authority (TVOntario); Ontario Securities Commission; Ontario Infrastructure
Projects Corporation (Infrastructure Ontario); Human Rights Tribunal of
Ontario; and Ontario Trillium Foundation.
The Standing Committee on Justice Policy met on April 16 for clause-by-clause
consideration of Bill 16, An Act to amend Christopher's Law (Sex Offender
Registry), 2000. As per its explanatory note, the bill provides for the
establishment and maintenance of a provincial sex offender registry and
requires persons convicted of a sex offence or found not criminally responsible
of a sex offence on account of mental disorder to register in person at
their local police station on certain triggering events (for example, upon
being released from custody for a sex offence) and annually thereafter.
The Bill amends the Act by adding the following situations that will trigger
a reporting obligation: being ordered to serve a sentence for a sex offence
intermittently; and being released from custody pending the determination
of an appeal in relation to a sex offence.
On March 31, the Chair of the Standing Committee on the Legislative Assembly
tabled the Committee's report prescribing, pursuant to its permanent mandate,
the ministries and offices assigned to certain Standing Committees of the
Legislative Assembly. In April, the Committee invited André Marin, Ombudsman
of Ontario, to appear before the Committee and brief the Members on his
role. Mr. Marin spoke about his experiences to date and explained that
he is accountable to members of the Legislative Assembly and to the public
for the way [he] approach[es] any given complaint and issues that may present
themselves.
The Standing Committee on Regulations and Private Bills met several times
to consider applications for private legislation, many of which were requests
for a corporate revival. At the Committee's request for information about
the kinds of corporate dissolutions that need to be revived by private
legislation, Senior Counsel from the Ministry of Government and Consumer
Services appeared before the Committee and addressed the Members' questions
on the subject.
Sylwia Przezdziecki
Committee Clerk
New Brunswick
The Second Session of the Fifty-sixth Legislature was recalled February
13, 2008 to consider back-to-work legislation for striking CUPE workers.
The House subsequently adjourned until March 11 following Human Resources
Minister Wally Stiles' announcement that a tentative agreement with CUPE
1251 had been reached.
Budget
On March 18, Finance Minister Victor Boudreau brought down the 2008-2009
budget, noting that it was balanced with no tax increases and a surplus
of $19 million. Among the measures outlined: an increase of $113.3 million
in health-care spending; an increase of $63.5 million in K-12 education;
an additional $12 million in financial assistance to universities; funding
to hire 43 new social workers; an increase of 3.4 per cent for the Department
of Social Development; continued phase-out of the large corporation capital
tax; funding to complete a comprehensive Environmental Impact Assessment
on the proposal by Irving Oil Ltd. to construct and operate facilities
for a petroleum refinery; a request that government departments realize
a total of $15 million in program administrative savings; the creation
of a trust fund for restoration of the Petitcodiac River; and new funding
for the Fisheries Renewal Framework and for strategic investments in the
agriculture and aquaculture industries. The government will table a green
paper outlining options to reform the tax system focussed on personal income
tax, corporate income tax, property taxes for individuals and businesses,
consumption taxes, and fuel taxes. A select committee of the Legislature
will be appointed to conduct consultations with stakeholders and report
recommendations. The minister noted: One of the pillars supporting our
self-sufficiency objective is transformation of the tax system. New Brunswick's
overall tax burden is competitive, but significant reforms will be required
to support self-sufficiency.
In responding to the Budget Speech on March 20, Finance Critic and Opposition
Leader Jeannot Volpé noted: The Liberals have taken away the political
and democratic process in New Brunswick by eliminating regional authorities,
cutting prebudget consultations, and canceling public consultations on
forestry.
The Opposition Leader stated that the budget failed to help children access
the bilingual language training needed to access attractive job opportunities
later on and failed to meet its objective of achieving self-sufficiency
because, instead of moving away from federal transfers, it was becoming
more dependent on them, as the 12.5% increase since 2006-07 indicates.
Mr. Volpé stated that the budget failed to address all New Brunswick regions,
including the northwestern part of the province.
The Opposition Leader noted that the Government was not living up to a
number of promises: no tax increases, the HST rebate on home heating for
all New Brunswickers, to help the fish plant workers, to add 12,000 new
seats in community colleges, to implement a public automobile insurance
and to remove territories, to have 3.5 hours of care for seniors after
two years, to increase the silviculture program from $8 million to $10
million and spread it over 10 years, and to build 300 km of wildlife fencing
along highway-collision hot spots within two years.
Legislation
The government introduced a number of noteworthy pieces of Legislation.
The majority of debate centred around the changes to the province's health
care system.
An Act to Amend the Regional Health Authorities Act, introduced by Health
Minister Michael Murphy proposed to reduce the province's Regional Health
Authorities from eight to two; create a New Brunswick Health Council to
provide residents with opportunities for meaningful input and dialogue
on health matters; and to consolidate, under a new public sector company,
selected non-clinical services now carried out by the health authorities.
According to the minister, the consolidation is expected to generate savings
of $4.6 million a year within three years, $19.4 million annually within
five years which will be directed into new information and technology systems,
including those needed to create the One Patient One Record vision.
Forty hours of House debate was spent on Bill 34, An Act to Amend the Regional
Health Authorities Act. The majority of this time was taken up by Opposition
Leader Volpé. In a general debate, Members may speak up to forty minutes
under existing rules; there is, however, no time limit for either the Premier
or the Leader of the Opposition. The House subsequently passed a motion
to limit the debate on the Bill to three more hours at second reading,
ten hours during Committee of the Whole, and two hours at the third reading
stage.
The Minister of Health introduced the New Brunswick Health Council Act
noting that a key component of the new and improved health system is the
creation of a new, strong voice for citizens. It was noted that the Council
will be a key citizen engagement mechanism, assessing population health
and satisfaction with the health system. Comprised of up to 16 members
representing communities, policy makers, health managers, health professionals
and academic institutions, the citizen-oriented, expert resource council
will promote and improve health system performance through monitoring and
public reporting and will provide evaluation and recommendations on how
to improve the health system.
Changes proposed to the Legislative Assembly Act implement the majority
of the recommendations of the Report of the MLA Compensation Review Commission
2007, (http://www.gnb.ca/legis/Promos/CRC CER/index e.asp) filed with the
Speaker January 14, 2008. The Bill eliminates the member's non-taxable
expense allowance, adds a taxable equivalent value to the annual indemnity,
authorizes payment of a taxable and non pensionable sum for each day a
Member is engaged in work of a committee; puts in place a mechanism for
requiring that expenses relating to committee attendance be reimbursable
upon the production of receipts; reduces the number of sessions of pensionable
service that may be used to calculate the re-establishment allowance; provides
a career counseling or re-training allowance for former members; links
the salary of the Speaker, the Deputy Speakers, the Leader of the Opposition
and other parliamentary office holders to a percentage of the Premier's
salary and the salaries of members of the Executive Council. In addition,
the Bill imposes higher monetary sanctions for absences from sittings of
the Legislative Assembly and similar sanctions for suspensions, and requires
that members who are absent for reasons other than those stated in the
Act file a declaration with the Speaker. It allows members ineligible to
participate in the member's pension plan to opt out of the changes respecting
the annual indemnity and the annual expense allowance, that is the changeover
from a non-taxable plan to taxable income and provides for a mandatory
review of members' compensation by an independent body at regular intervals.
An amendment to the Executive Council Act proposes increases in the annual
salary of the Premier and Members of the Executive Council at the rates
recommended in the Report of the MLA Compensation Review Commission, 2007,
postpones the annual adjustment of these salaries until January 1, 2009
and proposes to make the changes effective April 1, 2008.
As rising flood waters threatened to inundate the Legislative Complex,
New Brunswick's MLAs worked steadily through extended hours on April 29
and 30. While moving vans removed everything from basement levels in the
event of a possible extended relocation of the Legislature, 23 government
Bills were considered in Committee of the Whole. Prior to adjourning on
April 30, two days earlier than scheduled, Lieutenant-Governor Herménégilde
Chiasson gave Royal Assent to 27 Bills.
Following Prime Minister Stephen Harper's announcement to extend the term
of Lieutenant-Governor Chiasson until September 30, 2009, a motion introduced
by a government private member, requesting that the Prime Minister extend
His Honour's term to allow him to represent the Crown and the province
at the Congrès mondial acadien in 2009 in Caraquet, N.B., was withdrawn.
During the session and during the sometimes raucous and heated debates,
one member was ordered to withdraw from the House for refusing to withdraw
unparliamentary language. Question Period was dominated by questions relating
to Forestry (Forests/Forest Industry/Silviculture), Public Health Authorities;
French Immersion; and Electricity-No Disconnet Policy.
Flood
The 1973 St. John River flood caused extensive damage to the Main Legislative
Assembly Building, the Old Education Building, and the Departmental Building.
Other buildings in close proximity which are now part of the complex were
also hard hit.
In an effort to avoid a repeat experience when all indications predicted
a similar scenario, Legislative staff organized flood plans for all branches
of the Legislative Assembly. The Legislative Administration Committee implemented
part of the Business Continuity Plan to safeguard assets in the basement
of the Main Legislative Building. As a result, the cafeteria and television
broadcast system ceased April 30. Power was shut off to the Departmental,
Old Education and Legislative Buildings including the Legislative Library.
All buildings including Government Documents, and the Jewett and Edgecombe
Houses, were evacuated until further notice. The Office of the Clerk was
temporarily relocated to the University of New Brunswick Campus. Following
decontamination and utility inspections, most staff were allowed to return
on May 8. Although the buildings suffered little actual flood damage when
pumps installed diverted the bulk of the rising water, the upheaval caused
by the removal of tons of stored documents, books, technical equipment,
furniture and appliances, led to the closure of the Parliamentary Channel
(TV 70), cafeteria, and basement offices until further notice.
When the House resumed sitting on May 13, 2008, Premier Shawn Graham thanked
all New Brunswickers who led the remarkable flood response: the government
Departments of Public Safety, Transportation, Health, and the Emergency
Measures Organization, local governments and local authorities - police
and firefighters, the Red Cross and the hundreds of volunteers who worked
so that people could be safe during the flood and who continue to work
during the recovery period. Premier Graham stated The spirit, the selflessness
and the determination shown by New Brunswickers has been truly inspiring.
The Premier noted that the province's recovery package involves three elements:
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complementary assistance, including water and electrical testing to ensure
safety;
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health and safety inspections, to assess damage and determine what repairs
are required for residents to safely return to their homes;.
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disaster financial assistance, which will be available to cover the costs
of repairs.
The House is expected to rise for the summer recess in late May or early
June.
Diane Taylor Myles
Researcher and Journals Clerk
Prince Edward Island
The Second Session of the Sixty-third General Assembly opened on April
4, 2008, with the Speech from the Throne delivered by Barbara A. Hagerman,
Lieutenant Governor of Prince Edward Island. The speech, with its theme
of One Island Community One Island Future, outlined a number of initiatives
to be undertaken over the next months and years: the relocation of two
government departments outside of the capital city by 2010, the provision
of high speed internet services to all areas of the province, the establishment
of the George Coles Bursary, valued at up to $2000, available to every
first-year Island student entering a provincially-funded post-secondary
educational institution, the unveiling of a Buy PEI campaign, the appointment
of a Commissioner on Land and Local Governance, and the declaration of
a new public holiday on the second Monday in February of each year as Islander
Day, among other measures.
Budget
Wes Sheridan, Provincial Treasurer, introduced his second budget on April
23, 2008, which contained expenditures of $1.387 billion. Health continued
to account for the largest share of provincial expenditure at just over
$398 million, followed by Education and Early Childhood Development at
$294 million, and Social Services and Seniors at $119 million. A deficit
of $34.9 million is projected for the current year.
There was only one tax measure announced in the budget speech which was
to raise the tax on tobacco by five dollars per carton.
Smoke Free Places Act Consultations
Proposed amendments to the Smoke Free Places Act were tabled by Doug Currie,
Minister of Health on April 9, 2008, as a consultation document.
The amendments include changes to the existing legislation that will prohibit
smoking in motor vehicles when minors are present. Government is also proposing
amendments to the Act that will prohibit smoking on hospital grounds and
will eliminate indoor smoking areas in long term care facilities. The amendments
proposed to the regulations made under the Act will also limit outdoor
smoking areas in certain public places where smoking is currently allowed,
such as provincial parks and patios and decks of eating establishments
and licensed premises.
Consultations will take place to discuss how the legislation will be implemented,"
said Minister Currie. "Any changes to the current legislation that impact
business owners will be phased in to give them time to comply with amendments
to the Act.
Significant Legislation
A number of pieces of significant legislation were considered during the
Second Session of the Sixty-third General Assembly. Among them:
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An Act to Amend the Election Act (Bill No. 7) which changes the date of
general elections from the second Monday in May to the first Monday of
October in every fourth calendar year. This sets the date of the next general
election on Monday, October 3, 2011.
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An Act to Amend the Pharmacy Act (Bill No 10) amends the definition of
the term practice of pharmacy to recognize that it may include the prescription
of drugs.
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Beverage Containers Act (Bill No. 14) was perhaps the most widely-anticipated
piece of legislation of the spring sitting. It ends the province's prohibition
on the sale of flavoured, carbonated beverages in non-refillable containers.
As of May 3, 2008, Islanders may legally purchase pop and beer in cans
for the first time in several decades. The legislation implements a deposit
and return system for all beverage containers, except dairy containers,
sold at Island retailers.
Change in Government Departments
Major changes concerning three government departments were announced on
April 3, 2008. Premier Robert Ghiz said, The changes in ministerial duties
and departmental responsibilities reflect the need to improve the way services
and programs are provided to Islanders. He indicated that a new emphasis
on rural development will assist many communities in the province to thrive
in a changing world.
The Department of Fisheries, Aquaculture and Rural Development has been
given the mandate of contributing to the growth of a sustainable, prosperous
fishing and aquaculture industry and to provide policy leadership in development
new approaches to rural community development, service delivery and employment
programs. The Department of Innovation and Advanced Learning will foster
and promote the development of the province's knowledge economy by integrating
the innovation agenda with government's advanced learning activities, developing
a pro-business investment climate and providing policy leadership and direction.
The Department of Education and Early Childhood Development will be responsible
for focusing its efforts on advancing the quality of public education and
integrating early childhood development for the long term benefit of the
province's youth.
Allan Campbell is the Minister of Fisheries, Aquaculture and Rural Development;
Richard Brown is the Minister of Innovation and Advanced Learning; and
Gerard Greenan is the Minister of Education and Early Childhood Development.
Committee Activity
The various standing committees maintained a busy and productive schedule
during the winter of 2008. They held a total of 34 meetings, and filed
nine reports with the Legislative Assembly.
On November 1, 2007, a motion was passed in the Legislative Assembly of
Prince Edward Island giving the Standing Committee on Agriculture, Forestry
and Environment a mandate to review the implementation and potential impacts
of a province-wide ban on the use of cosmetic lawn pesticides. In carrying
out its work, the committee held seven meetings to consider the issue,
and received briefs and heard presentations from a total of 173 groups
and individuals. In addition, the committee reviewed briefing notes prepared
by its staff researcher; and examined other information provided by the
various presenters in support of their testimony. Committee members also
received numerous telephone calls, emails, and had many personal contacts
which served to reinforce the importance of the issue to the people of
Prince Edward Island.
Public input included a number of issues related to cosmetic pesticides,
including short-term and long-term impacts on human health; environmental
concerns; degrees of risk associated with various ingredients or components
of pesticides; ethical considerations; and economic consequences. In the
main, the testimony and written briefs focused on the desirability or necessity
of instituting restrictions on the use of cosmetic pesticides, rather than
concentrating on potential impacts and implications if such restrictions
were implemented. The relative safety versus potential dangers of using
pesticides for cosmetic purposes was a common theme.
Over the course of the public consultations, the committee found that positions
on the use of cosmetic lawn pesticides were relatively entrenched. Arguments
were advanced on both sides regarding the effects and safety of pesticides.
There were those who believed that consumers benefit from reasonable access
and use of cosmetic pesticides; others held the view that benefits are
transient, while the population as a whole may have to bear health and
environmental risks.
The committee did not comment on the relative safety or risks associated
with cosmetic pesticides, nor did it decide in favour of or against banning
the use of those chemicals. Instead, assuming that if a provincial ban
on the use of cosmetic lawn pesticides became a reality, the committee
deliberated on how such restrictions might be implemented and what the
effects or potential impacts of a ban would be.
In its report, dated April 22, 2008, the committee made seven recommendations
to be effective if restrictions on the use of pesticides for cosmetic reasons
are implemented: that agricultural use of pesticides be unaffected; that
restrictions be province-wide, rather than the responsibility of a municipality;
that a three-year phased in approach be used; that exemptions be put in
place for golf courses and to deal with emergency situations; that potential
restrictions be extended to the sale of pesticides used for cosmetic purposes;
that government lead by example by using alternative pest management strategies
on provincially-owned property; and that professional lawn-care companies
be offered financial supports for training in pesticide-free methods of
lawn care during the phase-in period.
The Standing Committee on Community Affairs and Economic Development was
charged, by motion, on October 26, 2007, with conducting public hearings
on Sunday shopping to solicit the views of Islanders. As previously reported,
Prince Edward Island defines holiday to include every Sunday that falls
between December 25 of any year and the Friday before Victoria Day of the
following year, and retail business are not permitted to be open, although
this does not apply to a variety of operations, including gas stations,
convenience stores, restaurants, and pharmacies.
A total of 36 individuals and groups made personal presentations to the
committee, and an additional 124 written submissions were received. As
a result of its consultations, the committee made three recommendations
to the Legislative Assembly: (1) that retail stores be granted the option
to open on Sunday year round, if they so choose; (2) that retail stores
be prohibited from opening for business until 12 noon on Sundays; and (3)
that the provisions of the Employment Standards Act and the Youth Employment
Act continue to be upheld by both employers and employees.
On November 1, 2007, a motion was adopted by the Legislative Assembly instructing
the Standing Committee on Fisheries, Intergovernmental Affairs and Transportation
to conduct a thorough review of the collapse of Polar Foods International
Inc., a business failure the Auditor General identified as costing Island
taxpayers approximately $31 million. To date, the Committee has held seven
public hearings, received input from 18 individuals and groups on the topic,
was briefed on three occasions by the Auditor General, and reviewed in
excess of 900 pages of background materials. Work is continuing on the
file, and the Committee expects to make a final report later this year.
The Standing Committee on Public Accounts reviewed, in detail, the annual
Report of the Auditor General to the Legislative Assembly, as well as the
Small Claims Process Audit Report June 2007, dated March 11, 2008. The
Committee is awaiting a report prepared by the Public Service Commission
concerning the 2005 workforce renewal program which offered incentives
to employees to leave government voluntarily through early retirement or
voluntary severance opportunities.
The Standing Committee on Social Development met with a number of organizations
throughout early 2008 on a wide variety of social issues. After reviewing
all submissions and careful deliberation, the Committee put forward several
recommendations, perhaps most importantly that a dedicated minister be
considered for the department of Social Services and Seniors, to be called
the Minister of Social Services and Seniors. Currently, there is one minister
responsible for health, and social services and seniors. The Committee
also recommended the creation of a Disability Secretariat be considered,
and that government consider pursuing a thorough review of the Department
of Social Services.
The Standing Committee on Rules, Privileges and Private Bills is continuing
its work on reviewing the rules of the Legislative Assembly. In its April
2008 report, the Committee recommended the adoption of a parliamentary
calendar, a historic first for Prince Edward Island. The spring sitting
of the Assembly will commence during the first week of April each year,
and the fall sitting will open on the first sitting day following Remembrance
Day each year.
Other Matters
Longer days and warmer temperatures, the appearance of the first daffodils
and robins are all welcome signs of spring. Prince Edward Islanders, along
with all Canadians, look forward to these harbingers of the season. But
in this province, there is one more sign that winter has ended and that
is the annual announcement in the House of the opening of Gillis's Drive-In,
a 1950s-style eating establishment located in Montague, Prince Edward Island.
The tradition of welcoming Islanders to enjoy home-made pies and old-fashioned
milkshakes, among other treats, originated in 1994 by the member from the
area, Peter Doucette. This year marks the 15th anniversary of the tradition
which is being carried on by the present member for Montague- Kilmuir,
Jim Bagnall.
Prince Edward Island will host the 27th Atlantic Provinces Parliamentary
Conference in Charlottetown from June 19-22, 2008.
Marian Johnston
Clerk Assistant and
Clerk of Committees
Senate
Fifteen bills received royal assent from February to April of this year.
Of that number, two deserve special attention as a result of the unusual
practices surrounding their adoption. Bill C-3, among others, was introduced
in response to the Supreme Court of Canada's February 2007 ruling that
the procedure for judicial approval of security certificates was incompatible
with the Canadian Charter of Rights and Freedoms and was therefore inoperative.
The Court suspended its declaration for one year (until February 23, 2008)
to enable Parliament to amend the procedure.
Given its urgent nature, senators lost no time in studying the bill and
referring it to committee. The Special Senate Committee on Anti terrorism
reported to the Senate on February 12. In the brief time allotted to them
to study the bill, committee members sat for more than 10 hours and heard
from nearly 40 witnesses and reported the bill without amendment, but with
certain observations. The bill was read for the third time and passed,
on division, and received royal assent on February 14.
Bill C-2, An Act to amend the Criminal Code and to make consequential amendments
to other Acts, combined five bills that had been handled separately during
the 1st Session of the 39th Parliament. This was a priority bill for the
government consistent with the objectives of the Throne Speech. The bill
had moreover been the subject of a vote of confidence in the House of Commons.
While it was being studied in committee, the House of Commons sent a message
to the Senate urging it to give Bill C-2 priority and to pass it before
March 1. The bill passed on third reading by a recorded vote in which 19
senators voted for it, 16 against and 31 abstained. Bill C-2 received royal
assent by the Governor General on February 28 in the traditional ceremony
in the Senate.
Senate Public Bills
Bill S-220, An Act respecting a National Blood Donor Week, received royal
assent on February 14. This was the first private senator's public bill
to receive royal assent since the end of the 1st Session of the 38th Parliament.
It was followed by public bill S-203, which received royal assent on April
17.
A total of five bills received royal assent between February and the end
of April. The Governor General granted royal assent to three government
bills C-8, C-2 and C-44 at the traditional ceremony in the Senate Chamber.
Marshall Rothstein and Morris Fish, Puisne Judges of the Supreme Court
of Canada, in their capacity as Deputies of the Governor General, also
granted royal assent to appropriation Bills C-48 and C-49, as well as Bills
C-9, S-203, C-298, C-37 and C-40 by written declaration.
Committee Reports
As always, the Senate committees play a leading role in the study of legislation
and of the various social issues relating to their mandate. Over the winter
of 2008, certain standing and special committees completed special studies
worthy of note. Among others, on February 7, the Standing Senate Committee
on Transport and Communications tabled the report on its study of Industry
Canada's Proposal for a Spectrum Licence Fee for Broadband Public Safety
Communications in the Frequency Band 4940 4990 MHz.
In March and April, the Subcommittee on Population Health of the Standing
Senate Committee on Social Affairs, Science and Technology tabled its Seventh,
Eighth, Ninth and Tenth interim reports. The Subcommittee focused particularly
on the measures the federal government should take to implement a population
health policy.
On March 4, the Standing Senate Committee on Energy, the Environment and
Natural Resources tabled its Sixth Report on its review of the Canadian
Environmental Protection Act (1999, c. 33) entitled The Canadian Environmental
Protection Act (1999, c. 33) - Rx: Strengthen and Apply Diligently.
In March, the Special Senate Committee on Aging published an interim report
entitled Issues and Options for an Aging Population, in which it identified
the key public policy issues respecting the aging of the population and
presented a set of potential options for addressing them.
Points of Order / Speaker's Rulings
On February 14, Senator Gerald Comeau rose on a point of order concerning
Bill S-224, An Act to amend the Parliament of Canada Act (vacancies), which,
in his view, required royal consent before it could pass in the Senate.
The Speaker took the matter under advisement and, on April 17, ruled that
royal consent was not necessary since the bill affected no prerogative.
On March 11, Senator Lowell Murray, P.C., also rose on a point of order
concerning the conduct of question period during certain sittings of the
Senate. In his view, a number of questions concerning a vote of confidence
held in the House of Commons in May 2005 should not have been asked because
they concerned matters not within the administrative responsibility of
the government and a vote held in the other place, and thus a situation
that the Senate should not discuss.
After taking the matter under advisement, the Speaker ruled that, under
the Rules of the Senate, the Leader of the Government in the Senate should
have answered questions concerning public affairs in general. That is
a very broad expression and, in view of the fact that the Senate favours
the exchange of information, the Speaker ruled that it would have been
improper to rule the questions concerned out of order unless they had been
clearly inappropriate. As regards the second point raised by the senator,
the Speaker ruled that it was customary for the Senate to focus on what
takes place in its precincts and outside Parliament, and not to engage
in discussions about the proceedings or procedures of the other place.
Other Notable Events
On February 28, the Senate extended the period of statements by senators
to pay tribute to Jacques Hébert, who had died on December 6, 2007. Appointed
by Prime Minister Pierre Elliott Trudeau, Mr. Hébert was a member of the
Senate from 1983 to 1998. He was an author, editor and journalist. In the
Senate, he held the offices of government whip and opposition whip.
The motions of Senators Tommy Banks and Hugh Segal were adopted on February
13 and April 16, concerning respectively the future of the institutions
of the Parliament of Canada and the negotiations for a free trade agreement
with the European Union.
Marie-Eve Belzile
Procedural Clerk
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