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Legislative Reports

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Yukon

On May 14th, the 2009 Spring Sitting of the First Session of the 32nd Legislative Assembly adjourned. The 32-day sitting had convened on March 19th. The Sitting concluded with Assent being given in the Chamber by the Commissioner of Yukon, Geraldine Van Bibber.

Pursuant to Motion #799 (moved by private member Steve Nordick, Klondike, Yukon Party), which carried on May 13th, the House reconvened for a Special Sitting in Dawson City on June 12, 2009.

Assent

In the Spring Sitting, a total of 12 bills (all Government bills) were granted Assent by Commissioner Van Bibber:

• Bill No. 13, Third Appropriation Act, 2008-09
• Bill No. 14, Interim Supply Appropriation Act, 2009-10
• Bill No. 15, First Appropriation Act, 2009-10
• Bill No. 64, Act to Amend the Legislative Assembly Retirement Allowances Act, 2007
• Bill No. 65, Act to Amend the Yukon Advisory Council on Women’s Issues Act
• Bill No. 66, Corporate Governance Statute Law Amendment Act
• Bill No. 67, Act to Amend the Employment Standards Act
• Bill No. 68, Act to Amend the Yukon College Act
• Bill No. 69, Miscellaneous Statute Law Amendment Act, 2009
• Bill No. 70, Child and Youth Advocate Act
• Bill No. 71, Act to Amend the Human Rights Act
• Bill No. 72, Corrections Act, 2009

Special Sitting in Dawson City

When Yukon became a territory on June 13, 1898, its legislative body – the Territorial Council – was composed entirely of persons appointed by the Government of Canada. Amendments to the Yukon Act in 1899, 1902, and 1908 allowed for the election (as opposed to the appointment), respectively, of two, five, and finally all members of the Council. The election of the first wholly-elected Council took place on June 28, 1909. This Council (comprising 10 members) met for the first time on July 15, 1909.Yukon has had a fully elected legislative body ever since.

To commemorate the 100th anniversary of representative government in Yukon, the Legislative Assembly held a Special Sitting in Dawson City on June 12, 2009. Dawson City had been Yukon’s capital and seat of government from the territory’s creation until 1953, when the federal government decided to move the capital to Whitehorse.

The Special Sitting took place in the original chambers of the Legislature in the old Territorial Administration Building (now the Dawson City Museum). The business of the day was Motion #830, moved by Mr. Nordick, in whose riding Dawson City is located. The motion proposed that the Legislative Assembly, “on behalf of all Yukoners, acknowledges and commemorates the efforts of those who have contributed to the attainment and development of representative government in Yukon over the past 100 years.” Each Member present, including Speaker Ted Staffen, spoke to the motion, which passed unanimously. In their speeches, Members referenced touchstones such as the advent of party politics in Yukon territorial elections in 1978, the 1979 Epp Letter (which brought responsible government to the territory), and Canada’s Yukon Act, 2003. Achievements and developments in the area of First Nations self-government in Yukon were also highlighted. As well, the House recessed to hear remarks from Eddie Taylor, Chief of the Tr’ondëk Hwëch’in First Nation and Dawson City Mayor John Steins.

Among the special guests in attendance at the Special Sitting were Commissioner Van Bibber and several former MLAs. The latter group included two former Premiers (Chris Pearson, Government Leader from 1978-1995, and Tony Penikett, Premier from 1985-1992); past Commissioners Jim Smith, Ken McKinnon, and Jack Cable; Senior Justice Ron Veale; and former Klondike MLAs Art Webster, David Millar, and Peter Jenkins.

Commemorative Book

In anticipation of the centennial of representative government in Yukon, Speaker Staffen commissioned a book to chronicle the first half-century of the history of the Legislature. The book, which was officially released at the Special Sitting, was written by Yukon archivist and historian Linda Johnson, under the guidance and direction of Speaker Staffen, Floyd McCormick, the Clerk of the Assembly, and former Clerk, Patrick Michael. The project was co-sponsored with Yukon College President, Terry Weninger.

The book is entitled With the People Who Live Here: The History of the Yukon Legislature 1909-1961. The overleaf notes that this title

recognize[s] the efforts and contributions of all Yukon people past and present in building the rich legacy that is ours to enjoy in Yukon today. It is taken from the words of Councillor James Smith at the opening of the 1958 session of the Yukon Council: ‘Make no mistake – the success or failure of the vision of the North rests with us, the people who live here.’

In Remembrance

During the 2009 Spring Sitting, the House paid tribute to two former Members who had recently died. On March 19th, the House paid tribute to Fred Berger, the Member for Klondike in the 23rd Legislature (1974-1978). A memorial service was held for Mr. Berger in Dawson City, on the same day as the Special Sitting. In addition to being the first leader of Yukon’s NDP, Mr. Berger ran in the territorial election under the party’s banner before party affiliations were recognized in the House. This development presaged the 1978 territorial election, and the official recognition of parties in the 24th Legislature.

On March 23rd, the House paid tribute to Joyce Hayden, who had been Member for Whitehorse South Centre in the 27th Legislature (1989-1992), a Cabinet Minister, and a Chair of the Public Accounts Committee. Ms. Hayden subsequently wrote a book entitled Yukon’s Women of Power: Political Pioneers in a Northern Canadian Colony, and co-authored the biography, Victoria Faulkner: Lady of the Golden North.

During the 2008 Fall Sitting (on October 30, 2008), the Speaker, on behalf of all Members, paid tribute to former MLA Jean Gordon. Ms. Gordon, the Member for Mayo in the 21st Legislature (1967-1970), was the first woman elected to the Yukon Territorial Council. In the summer of 2008, former Member Bea Firth, a Member from the 25th – 28th Legislatures from 1992-1996, passed away. Ms. Firth had served as a Cabinet Minister, and as a member of the Public Accounts Committee.

Linda Kolody

Deputy Clerk

Prince Edward Island

On May 15, 2009, the Second Session of the Sixty-third General Assembly prorogued after 65 sitting days. According to the parliamentary calendar, the Third Session of the Sixty-third General Assembly will commence on November 12, 2009.

Significant Legislation

During the Session, a number of pieces of significant legislation received Royal Assent, including:

• An Act to Amend the Islander Day Act (Bill No. 72) amends the Act to provide that Islander Day, the province’s newest statutory holiday, shall be the third Monday in February of each year. The holiday was first celebrated in 2009 on the second Monday in February.
• An Act to Amend the Smoke-free Places Act (Bill No. 76) establishes a prohibition on smoking in a vehicle when a person under the age of 19 years is present. The legislation strengthens the Act in a number of ways, including prohibiting designated smoking rooms in public places and workplaces, with the exception of long-term care facilities.
• An Act to Amend the Executive Council Act (Bill No. 89) permits one additional person to be appointed to the Executive Council of the Province, bringing the maximum number of persons on Executive Council to eleven, exclusive of the Premier.

Voices of History

From 1968 to 1995, the debates of the Prince Edward Island Legislative Assembly were recorded on reel-to-reel tape, and stored in the Public Archives in the Coles Building, located adjacent to Province House. During that time period, only a very limited number of debates were transcribed (Prince Edward Island Hansard did not commence operations until February 1996). The reel-to-reel tapes were slowly deteriorating and the machine used to play them was antiquated and often in need of repair. Recognizing the danger of losing this part of our legislative history, Hansard staff have begun digitizing the reel-to-reel tapes, starting with the Third Session of the Fifty-first General Assembly (22 February-25 April 1968), and then transcribing the audio. Beyond the transcript, the digital audio will be available on line and available to the public on the Legislative Assembly’s web site (www.assembly.pe.ca). With 27 years of tape to transcribe, this project will take some time to complete, but it will safeguard and make accessible the legislature’s historic debates long into the future.

Committee Activity

The Standing Committee on Community Affairs and Economic Development held a final hearing on its review of the Island Regulatory and Appeals Commission (IRAC) in June. The committee was given the mandate in November 2008 to consult with consumers and industry stakeholders to determine the Commission’s overall role in serving Islanders’ interests with regard to energy costs and rent increases. IRAC is an independent, quasijudicial tribunal operating under the authority of the Island Regulatory and Appeals Commission Act. The Commission administers a number of provincial statutes dealing with economic regulation and hears appeals under provincial planning, tax and residential rental property legislation.

Order of Prince Edward Island Recipients Announced

The 2009 recipients of the Order of Prince Edward Island were announced on June 26, 2009. Receiving the highest honour that can be accorded to a citizen of the province were Wilma Hambly, Elmer MacDonald and Frank Zakem. First conferred in 1996, the honour is awarded annually as a means of recognizing those Islanders who have shown individual excellence or outstanding leadership in their community and in their chosen occupation or profession.

Changes to Senior Management

A series of adjustments to the provincial government’s senior administrative level were announced by Premier Robert Ghiz on July 14, 2009. Doug Clow has been appointed Deputy Provincial Treasurer, following the retirement of the former Deputy, Paul Jelley. Allan Rankin has been appointed as a member and Vice-chairman of the Island Regulatory and Appeals Commission. Replacing him as Clerk of Executive Council and Secretary to Cabinet is Rory Beck. Jim Ferguson will become Executive Director of the Population Secretariat. Aidan Sheridan will replace him as Chief Executive Officer of the Public Service Commission. Neil Stewart has been appointed as Chief Executive Officer of Innovation PEI, where he has been serving on an interim basis. All appointments are effective July 27, 2009.

Thirty-fifth Annual Statistical Review

A snapshot of the province’s economy, population and social makeup is now available with the release on July 7, 2009, of the thirty-fifth edition of the Prince Edward Island Annual Statistical Review. Highlights from 2008 reveal the Island population at 138,818; economic growth of 0.9%; an unemployment rate of 10.8%; farm cash receipts of $390.3 million; and 712 housing starts. The review contains new data tables on justice and the health of Islanders, and can be viewed in its entirety at www.gov.pe.ca/photos/oroginal/pt_annualreview.pdf.

Sound and Light Show

Celebrate the Canadian Dream-Voices from the Island is a new and entertaining tourism product which debuted on Canada Day. The sound and light show, modelled after the Ottawa version, showcases Prince Edward Island’s history and culture, along with national symbols. Music, narration and iconic images playing on the facade of Province House tell the story of confederation and Prince Edward Island’s role in Canadian history.

Marian Johnston

Clerk Assistant and
Clerk of Committees

Nunavut

The 2nd Session of the 3rd Legislative Assembly of Nunavut convened on April 1, 2009. This date marked the 10th anniversary of the creation of the territory and the first sitting of its Legislative Assembly.

A number of noteworthy events were held in the Legislative Assembly Precinct to mark the occasion. During the morning, Speaker of the Legislative Assembly and Uqqummiut MLA James Arreak announced the winners of the Nunavut at 10 essay competition. Four high school students from different Nunavut communities received one of the Royal Canadian Mint’s 2009 gold coins to mark the 10th anniversary of Nunavut’s creation. The coins were designed by internationally-renowned Pangnirtung artist Andrew Qappik. Following the announcement of the contest winners, Speaker Arreak proceeded to unveil a retrospective exhibition of photographs and other memorabilia from the first decade of Nunavut’s Legislative Assembly. Later that afternoon, a portrait of former Speaker Peter Kilabuk was unveiled.

The day’s sitting of the House began with the delivery of the opening prayer by Bishop Paul Idlout. Iqaluit Elder Enoapik Sageatok lit a ceremonial qulliq. The Aqsarniit Middle School Choir led the singing of O Canada, different passages of which were delivered in Inuktitut, English and French.

Speaker Arreak welcomed a number of dignitaries to the Visitors’ Gallery, including Nunavut Member of Parliament and Minister of Health Leona Aglukkaq, Minister of Indian and Northern Affairs Chuck Strahl and Nunavut Tunngavik Incorporated President Paul Kaludjak.

Commissioner of Nunavut Ann Meekitjuk Hanson was subsequently invited into the Chamber to deliver the Opening Address, which focused on the contents of the Government of Nunavut’s mandate document, Tamapta: Building our future together.

Premier and Iqaluit East MLA Eva Aariak subsequently rose in her place to deliver a Minister’s Statement. The statement offered reflections on the creation of the territory and articulated her government’s agenda for its term of office.

The 2nd Session reconvened on June 4, 2009. Minister of Finance and Cambridge Bay MLA Keith Peterson delivered his first Budget Address. The proceedings of the Committee of the Whole during the spring session were dominated by the scrutiny of the Government of Nunavut’s 2009-2010 main estimates and departmental business plans.

Four bills were passed by the Legislative Assembly in June:

• Bill 1, Appropriation (Operations and Maintenance) Act, 2009-2010;
• Bill 2, Supplementary Appropriation (Capital) Act, No. 1, 2009-2010;
• Bill 4, An Act to Amend the Income Tax Act; and
• Bill 5, Miscellaneous Statutes Amendment Act, 2009.
• Bill 3, the proposed Western Canada Lottery Act, remains under consideration.

A number of substantive motions have been passed to date during the 3rd Legislative Assembly. On March 25, 2009, Minister of Environment and Arviat MLA Daniel Shewchuk introduced a motion to express the Legislative Assembly’s opposition to the European Union’s proposed ban on the importation of seal products. The motion, which was seconded by Nanulik MLA Johnny Ningeongan, was unanimously adopted by the House.

On June 4, 2009, Iqaluit West MLA Paul Okalik introduced a motion to suspend Nattilik MLA Enuk Pauloosie from sittings of the House until the conclusion of its spring sitting. The preamble to the motion noted the House’s displeasure with the Member’s absences without reasonable explanation from meetings of the Legislative Assembly’s committees and caucuses. The motion, which was seconded by Akulliq MLA John Ningark, was unanimously adopted by the House.

On June 8, 2009, Mr. Okalik introduced a motion concerning the Senate of Canada’s consideration of a motion, pursuant to section 38 of the federal Nunavut Act, to concur in the passage of Nunavut’s new Official Languages Act, which received Assent on June 4, 2008, during the 2nd Legislative Assembly of Nunavut. This Act replaced the Official Languages Act that was inherited by the territory in 1999. The motion, which was seconded by Minister of Languages and Amittuq MLA Louis Tapardjuk, was unanimously adopted by the House.

Mr. Okalik’s motion urged the Senate’s Standing Committee on Legal and Constitutional Affairs to swiftly conclude its study of the Senate’s motion for concurrence, which had been referred to the committee for consideration subsequent to its introduction by Senator Gerald Comeau on June 2, 2009. This motion had been seconded by Nunavut Senator Willie Adams. A similar motion had been passed by the House of Commons on June 1, 2009, following its introduction by Nunavut Member of Parliament Ms Aglukkaq.

On June 10, 2009, Messrs. Tapardjuk and Okalik appeared before the Senate’s Standing Committee on Legal and Constitutional Affairs to provide testimony. On June 11, 2009, the Senate adopted the motion to concur in the passage of Nunavut’s Official Languages Act.

A number of significant appointments have been made to date during the 3rd Legislative Assembly. On January 26, 2009, the Legislative Assembly recommended the appointment of Alexina Kublu of Iqaluit to serve as Nunavut’s Languages Commissioner. This position is one of a number of independent officers who report directly to the Legislative Assembly. Ms. Kublu is a former language teacher, author and Senior Justice of the Peace.

On March 27, Speaker Arreak announced the establishment of an Independent Commission to Review Members’ Indemnities, Allowances, Expenses and Benefits. The Commission’s mandate is provided for in section 37 of the Legislative Assembly and Executive Council Act, which was passed in 2002. This is the first time that an Independent Commission has been established in Nunavut. Former Speaker Kilabuk was appointed Chairperson of the Commission. The other commissioners are Messrs. Ryan St. John of Arviat and Chris West of Iqaluit, both of whom are members of Nunavut’s business community. The final report of the Independent Commission will be tabled in the Legislative Assembly.

Earlier this year, the 3rd Legislative Assembly established a number of Standing Committees. The Standing Committee on Oversight of Government Operations and Public Accounts (OGOPA) consists of all ten Regular MLAs. The Committee elected Tununiq MLA James Arvaluk as its Chairperson and South Baffin MLA Fred Schell as its Co-Chairperson. The Committee’s mandate includes responsibility for reviewing the reports of the Auditor General.

On May 6, 2009, Auditor General of Canada Sheila Fraser made her seventh appearance before a Standing Committee of the Legislative Assembly of Nunavut on the occasion of the consideration of her 2008 report to the Legislative Assembly on the Nunavut Housing Corporation (NHC), which is one of the Government of Nunavut’s Crown corporations. The Committee undertook two days of hearings on her report, which were held in the Chamber of the Legislative Assembly. Witnesses from the NHC also appeared before the Committee to respond to Members’ questions concerning the observations and recommendations in the Auditor General’s report. On June 8, 2009, the Committee presented its own report to the House. The Committee requested that the Government, pursuant to Rule 91(5) of the Rules of the Legislative Assembly, provide a comprehensive written response to its report within 120 days.

The Committee’s report also noted its intention to hold hearings during the fall of 2009 on the Auditor General’s most recent reports to the Legislative Assembly, which were tabled in the House by Speaker Arreak on April 1, 2009. One of these reports concerned the financial management practices of the Government of Nunavut’s Department of Health and Social Services.

The other Standing Committees of the 3rd Legislative Assembly are:

• Standing Committee on Legislation (Chaired by Mr. Okalik and Co-Chaired by Mr. Ningeongan);
• Standing Committee on Social Wellness (Chaired by Baker Lake MLA Moses Aupaluktuq and Co-Chaired by Quttiktuq MLA Ron Elliott);
• Standing Committee on Community and Economic Development (Chaired by Pangnirtung MLA Adamee Komoartok and Co-Chaired by Hudson Bay MLA Allan Rumbolt); and
• Standing Committee on Rules, Procedures and Privileges (Chaired by Mr. Elliott and Co-Chaired by Mr. Okalik).

The 2nd Session of the 3rd Legislative Assembly will reconvene on November 24, 2009. It is anticipated that Speaker Arreak will table the Chief Electoral Officer of Nunavut’s report on the conduct of the October 2008 Nunavut general election and the subsequent by-elections in the constituencies of Akulliq and South Baffin.

Alex Baldwin

Office of the Legislative Assembly

Ontario

On June 4, 2009 the spring sittings of the Ontario Legislative Assembly came to a close as the House adjourned for the summer. The recess marked a pause in a busy session that saw 59 bills introduced for First Reading and 23 bills receiving Royal Assent. However, with employees of the City of Toronto currently on strike, there existed the possibility that the Assembly could return sooner then the date prescribed by the parliamentary calendar. At the time of writing, the House remained adjourned.

Committees

On June 29, 2009, the Select Committee on Elections released its Report entitled Modernizing Ontario’s Election Legislation. Over the last year, the four-member Committee, chaired by Greg Sorbara, was mandated to consider the current effectiveness of the Election Act, the Election Finances Act and the Representation Act in the preparation, administration and delivery of elections in Ontario. The Committee heard presentations from Ontario’s current and former Chief Electoral Officers, Greg Essenza and John Hollins. The Committee also invited Returning Officers to share observations about their experiences administering Ontario’s election legislation, and received a strong response from throughout the province.

The Select Committee on Mental Health and Addictions has been holding public hearings pursuant to an Order of the House dated February 24, 2009. The Committee is mandated to report its observations and recommendations with respect to a comprehensive Ontario mental health and addictions strategy. The Committee heard from various Ministries and expert witnesses in the months of April and May, and travelled for public consultations to Windsor, St. Thomas, Hamilton and Kingston in June.

On May 12, the Standing Committee on Estimates began its review of the Estimates of the Ministry of Economic Development, the first of 11 ministries selected for consideration. It was during his appearance before the Committee – scheduled over three days – that the Minister responsible, Michael Bryant, resigned his cabinet position. The Premier assumed the Economic Development portfolio, and the Ministry was represented by its Parliamentary Assistant, Jean-Marc Lalonde, for the final hours of Committee review.

The Standing Committee on Government Agencies continued to undertake the review of selected Ontario Government agencies, boards and commissions, pursuant to its permanent mandate. The Committee’s work included ongoing report-writing on its reviews of the Ontario Securities Commission, Human Rights Tribunal of Ontario, and Ontario Racing Commission. The Committee also approved a work plan to commence reviews of the following 6 agencies (2 selected per caucus) over the coming year: Ontario Municipal Board; Ontario Power Generation Inc.; Royal Ontario Museum; Ontario Pension Board; Hydro One Inc.; and Landlord and Tenant Board.

In May and June the Chair of the Committee, Julia Munro, presented three reports to the House on the following completed agency reviews: Ontario Infrastructure Projects Corporation (Infrastructure Ontario), The Ontario Educational Communications Authority (TVO), and the Ontario Trillium Foundation.

In its report on Infrastructure Ontario, the Committee made comments and recommendations on enhancing public disclosure, infrastructure and economic development, and management of the Darlington nuclear procurement project. The Committee’s TVO report urged TVOntario to explore the feasibility of (1) producing a weekly Ontario-specific program on parliamentary and political events, and (2) broadcasting Ontario’s Question period at a more viewer-friendly time. Both recommendations required TVO to report back to the Committee within 90 days.

The Standing Committee on Justice Policy considered one Government bill, Bill 155, An Act to permit the Province to recover damages and health care costs incurred because of tobacco related diseases and to make a complementary amendment to the Limitations Act, 2002. The Act would give the “…Province a direct and distinct action against manufacturers of tobacco products to recover the cost of health care benefits caused or contributed to by a tobacco related wrong.” The Committee heard oral submissions on May 7, 2009 and after clause-by-clause consideration, reported the bill back to the House without amendment on May 13. The bill received Royal Assent on May 14.

The Standing Committee on Social Policy considered Bill 157, An Act to amend the Education Act. This bill was intended to make schools safer by requiring that incidents for which students could be suspended or expelled are appropriately reported to principals, parents and guardians. It also requires school staff to intervene in instances of inappropriate or disrespectful student behaviour that could have a negative impact on the school climate. The Committee heard oral submissions on May 4, 2009, and after clause-by-clause consideration, reported the bill back to the House with certain amendments on May 13. The bill received Royal Assent on June 5, 2009.

Other Matters

On June 7, 2009, Michael Bryant resigned as the Member for the riding of St. Paul’s. He was first elected to the Legislature on June 3, 1999 and served in both opposition and government over his 10 year career. He has been the critic to the Attorney General, Human Rights and Energy portfolios and has also held the positions of Attorney General, Minister Responsible for Democratic Renewal, Minister Responsible for Native Affairs, Minister of Aboriginal Affairs, Government House Leader and Minister of Economic Development. Mr. Bryant has since been appointed the CEO of the City of Toronto’s new marketing corporation Invest Toronto.

On June 27, 2009, Tim Hudak, the Member for Niagara West-Glanbrook, was elected leader of the Ontario Progressive Conservative Party. He was challenged for the leadership by caucus colleagues Randy Hillier, Christine Elliott and Frank Klees, and won on the 3rd ballot. He was first elected to the Legislature on June 8, 1995. He was a member of cabinet from 1999 to 2003 serving as the Minister of Northern Development and Mines, the Minister of Culture Tourism and Recreation, and the Minister of Consumer and Business Services.

As the new Leader of the Official Opposition, Mr. Hudak replaces Robert Runciman who had held the post since November 1, 2007. Prior to the last question period before the summer adjournment, each Party took the opportunity to thank Mr. Runciman for his service. The Premier, after expressing his praise and gratitude, even went so far as to offer a recess should some of Mr. Runciman’s coming questions need to be softened and rephrased, in the generous spirit of the moment. However, Mr. Runciman declined the offer!

Bill Murdoch, the Member for the riding of Bruce–Grey–Owen Sound, is once again a member of the Ontario Progressive Conservative Party caucus. Mr. Murdoch rejoined the caucus on April 23, 2009, after sitting as an independent Member of the House since September 18, 2008. With Mr. Murdoch sitting again as a Progressive Conservative, and with the current vacancy, the Party standings are currently 71 Liberals, 25 Progressive Conservatives, 10 New Democrats and 1 vacant.

Trevor Day

Committee Clerk

Alberta

The Spring Sitting of the Second Session of the Twenty-Seventh Legislature adjourned on June 3, 2009, after 48 sitting days for a total of just over 215 sitting hours. By the conclusion of the sitting, 47 Government Bills, one Private Members’ Public Bill and three Private Bills were passed by the Assembly. Five Government Bills and four Private Members’ Public Bills, were left on the Order Paper in addition to other Private Members’ business items.

Privilege

On June 2, 2009, Liberal Kevin Taft (Edmonton-Riverview) raised a purported question of privilege alleging that the Ethics Commissioner interfered with his ability to perform his functions as a Member by providing conflicting advice as to whether he could participate in debate on a Bill. The Bill in question was Bill 43, Marketing of Agricultural Products Amendment Act, 2009 (No. 2), which amends the Act by allowing producers in four commodity groups – beef, pork, sheep and lamb, as well as potato growers – to request refunds on the service fees they pay to agricultural commissions that represent them.

While presenting his arguments, Dr. Taft referenced a letter dated May 21, 2009, from the Ethics Commissioner Neil Wilkinson that had been read into the record of the Assembly on May 25, 2009, by Speaker Ken Kowalski. The letter provided general advice regarding Bill 43, pursuant to the Conflicts of Interest Act, in particular section 2(2) which requires that Members who have reasonable grounds to believe that they, their minor or adult children, or their direct associates have a private interest in a matter before the Legislative Assembly must declare that interest and withdraw without voting on or participating in the consideration of the matter.

In this letter, the Ethics Commissioner stated that he had previously advised Members who were producers affected by the Bill that they could participate in the vote on the Bill as it was his opinion that it was a matter of general application. However, after reviewing Bill 43, he determined it was not a matter of general application but rather a private interest since producers could request refunds of service charges, which for some Members would be considered a direct financial benefit. He advised that those Members should declare that interest and withdraw without participating in the debate or voting on the Bill.

After the letter was read to the Assembly, Dr. Taft contacted the Ethics Commissioner to clarify his personal situation since his father-in-law owns a small herd of cattle. At that time, the Ethics Commissioner advised him to recuse himself from debating and voting on Bill 43. He was also advised by the Ethics Commissioner that he should not ask questions regarding the Bill during question period.

On June 1, 2009, Dr. Taft received a letter from the Ethics Commissioner’s office apologizing for his earlier advice and informing Dr. Taft that he could participate in further debate as well as vote on Bill 43. At this point, the Bill had already been reported to the Assembly by Committee of the Whole.

During his arguments in support of a prima facie case of privilege Dr. Taft included suggestions for possible remedies to the problem such as amending the Act and requiring that the Ethics Commissioner have a legal background.

On June 3, 2009, Speaker Kowalski found no prima facie case of privilege. He did, however, recommend the following:

• that the Ethics Commissioner meet with caucuses to discuss and receive input on the application of the Conflicts of Interest Act;
• that Parliamentary Counsel and counsel from the Department of Justice and Attorney General meet with the Ethics Commissioner to discuss the Legislation;
• that the Speaker and Minister of Justice and Attorney General should avail themselves to the Ethics Commissioner to discuss issues regarding the application of the Act; and
• prior to the fall sitting, the Ethics Commissioner provide an interpretation of the Act and what constitutes a private interest.

Caucus Changes

Progressive Conservative Member Guy Boutilier (Fort McMurray-Wood Buffalo) was removed from Caucus on July 17, 2009, by Premier Ed Stelmach after he publicly criticized the government’s decision to stall construction of a long-term care facility in Fort McMurray. Mr. Boutilier, a former minister in Premier Stelmach’s cabinet, will now sit as the Assembly’s sole independent Member.

Micheline Gravel

Clerk of Journals/Table Research

Québec

The parliamentary proceedings of the First Session of the 39th Legislature were adjourned on June 18, 2009 for the summer holidays. At the end of this work period, the Members of the National Assembly of Québec had passed 37 public bills and 12 private bills. The Assembly will resume on  September 15, 2009, in compliance with the new parliamentary calendar adopted within the framework of the recent parliamentary reform.

Parliamentary Reform

On April 21, 2009, the National Assembly completed a major parliamentary reform by adopting a series of new rules to amend its Standing Orders. Three reform proposals tabled in recent years contributed to the reflection leading to adoption of the new rules.

One of the principal objectives is to increase the efficiency of Members’ work. To attain this, the Members adopted a new parliamentary calendar and work schedule allowing them to plan their work more efficiently at the Assembly and in their riding. Hence, this September the Assembly proceedings will extend over a longer period and will begin one month sooner. The increase in sitting days enables, on the one hand, to reduce the period during which the Assembly has extended hours of meeting to two weeks and, on the other hand, to ensure that the sittings end no later than 10.30 p.m. rather than at midnight. Furthermore, a greater number of committees will be able to meet simultaneously, thus making it easier to carry out the mandates they receive.

Another objective of the reform is to bring the Assembly closer to the citizens. In this regard, several measures were put into place to facilitate the participation of citizens in public affairs. Thus, it shall now be possible for them to make on-line comments on any matter discussed in committee. On-line consultations may also be held at the request of the Assembly or on the initiative of a committee. Moreover, when general consultations are held, citizens will now have the possibility of forwarding briefs electronically and committees may choose to hear citizens who forwarded requests to be heard without having produced briefs.

For further information on the objectives of this reform, please visit the Assembly’s Internet site at: http://assnat.qc.ca/fra/reforme/index.html.

Cabinet Shuffle

Premier Jean Charest carried out a Cabinet shuffle on June 23, 2009. The new Member for Marguerite-Bourgeoys, Clément Gignac, was named Minister of Economic Development, Innovation and Export Trade, in place of Raymond Bachand, who remains Minister of Finance. Claude Béchard leaves the Ministry of Natural Resources and Wildlife to go to Agriculture, Fisheries and Food, in addition to taking the portfolio of Canadian Intergovernmental Affairs and the Reform of Democratic Institutions. Laurent Lessard leaves Agriculture, Fisheries and Food to head the Ministry of Municipal Affairs, Regions and Land Occupancy. Nathalie Normandeau, Deputy Premier, was appointed to the Ministry of Natural Resources and Wildlife.

Parliamentary Simulation

On May 1, 2009, the President of the National Assembly, Yvon Vallières, welcomed more than 120 sixth-grade elementary students on the occasion of the 13th Pupils’ Parliament. These young people, hailing from all regions of Québec, had the opportunity of playing the role of Member for a day and of debating issues that particularly concern them.

The apprentice Members discussed three bills. The first concerned creation of a democratic student council in all elementary schools throughout the province, the second regarded the establishment of sports teams enabling competitions between schools, and the third focussed on the integration into the school curriculum of a culinary art course in partnership with a charitable organization.

Assemblée parlementaire de la Francophonie (APF)

The President of the National Assembly, Mr. Vallières, was elected President of the Francophonie Parliamentary Assembly at the 35th session of the organization held in Paris on July 6. During his nomination speech, Mr. Vallières set forth the objectives he intends to pursue during his term, which specifically include strengthening the political influence of the APF with the leaders of the Francophonie and consolidating the cooperation programmes it implements. Mr. Vallières also was decorated with the Ordre de la Pléiade at the closing of proceedings, on July 6, 2009. He was awarded the rank of Grand Croix, the highest honour of the Ordre. Established in 1976, the Pléiade, Order of the Francophonie and of cultural dialogue, is an initiative of the Assemblée parlementaire de la Francophonie. Its purpose is to recognize the eminent merits of public figures who have distinguished themselves by serving the Francophonie’s ideals of cooperation and friendship.

The National Assembly delegation that accompanied Mr. Vallières to this APF session was composed of Henri-François Gautrin, Vice-President of the APF, Québec Section, Rapporteur of the APF’s Political Committee and Member for Verdun; Bertrand St-Arnaud, Vice-President of the APF, Québec Section, Rapporteur of the APF’s Education, Communication and Cultural Affairs Committee, and Member for Chambly; Stéphanie Vallée, Rapporteur of the Network of Women Parliamentarians of the Francophonie and Member for Gatineau; Germain Chevarie, Vice-President and Rapporteur of the Cooperation and Development Committee and Member for Îles-de-la-Madeleine; Sylvie Roy, Rapporteur of the APF’s Parliamentary Affairs Committee and Member for Lotbinière.

Other news

On June 22, 2009, by-elections were held in two electoral divisions to fill seats left vacant by the resignation of Mario Dumont and Monique Jérôme-Forget. The Québec Liberal Party now counts two new Members: Jean D’Amour, elected in Rivière-du-Loup, and Clément Gignac, elected in Marguerite-Bourgeoys.

On June 25, 2009, François Legault announced his resignation as Member for the electoral division of Rousseau. Elected as a Member of the Parti Québécois in Rousseau in 1998 and then re-elected in 2003, 2007 and 2008, he is a former Minister of Industry, Trade, Science and Technology, Minister of State for Education and Youth, Vice-Chairman of the Conseil du trésor, Minister of State for Education and Employment and Minister of State for Health and Social Services. The composition of the Assembly is now: Québec Liberal Party, 67 Members; Parti Québécois, 50; Action démocratique du Québec, 6; Québec Solidaire, 1; 1 vacant seat.

On May 12, 2009, Mr. Vallières, unveiled the photograph of his predecessor,  François Gendron, who was President from 21 October 2008 to 13 January 2009. The photograph of the 43rd President of the National Assembly is on display in the Presidents’ Gallery, located near the main hall of the Parliament Building.

Three former Liberal Members passed away in recent months. They are Jean-Paul Lefebvre, Member for Ahuntsic from 1966 to 1970, Claude St-Hilaire, Member for Rimouski from 1973 to 1976, and Louis Vézina, Member for Montmorency from 1970 to 1973.

Sylvia Ford

Secretariat of the Assembly

Standing Committees

The months of April, May and June were very busy for the standing committees of the National Assembly. The committees entered into this period by spending close to 200 hours examining the Government’s estimates of expenditure. Several sittings were then set aside for special consultations and the clause-by-clause consideration of numerous bills. The following is a brief overview of the main mandates carried out by the committees during this period.

Last May and June, the Committee on Social Affairs held four special consultations on bills in close succession. It then examined these bills clause-by-clause, as well as two other bills. Of the bills referred to the Committee for consideration, Bill 34, An Act to amend various legislative provisions concerning specialized medical centres and medical imaging laboratories, should be mentioned. Among other things, this bill allows the Government to determine, by regulation, the types of medical treatments that can be provided by the private sector. Equally noteworthy, Bill 26, An Act respecting clinical and research activities relating to assisted procreation, aims to ensure high-quality, safe and ethical practices.

Bills 49 and 51, An Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements […] and the Act respecting the representation of certain home childcare providers and the negotiation process for their group agreements, and amending various legislative provisions […], both constitute a response to the ruling rendered in October 2008 by Justice Danielle Grenier, of the Superior Court, who recognized the right to organize of employees working in these areas of activity.

The Committee on Public Finance pursued its mandate in relation to the results of the Caisse de dépôt et placement du Québec last May by holding six days of public hearings. On this occasion, the Committee heard and questioned former chief executive officers of the Caisse de dépôt et placement, the main depositors and the Minister of Finance, Mr. Bachand, on the causes and consequences of the losses carried by this organization for the 2008 fiscal year. The hearing of the Minister of Finance concluded this mandate which had been initiated in March 2009 with the hearing of the Minister of Finance at the time, Mrs. Jérôme-Forget.

The Committee also examined several bills, two of which concerned fiscal matters further to the budget speeches for the years 2007 and 2008. The consideration of Bill 40, An Act to amend the Balanced Budget Act and various legislative provisions concerning the implementation of the accounting reform, kept the Committee busy for the greatest number of sittings (5 sittings). The consideration of this bill, which aims in particular to suspend temporarily the effect of certain provisions of the Balanced Budget Act, was not completed before the adjournment of the Assembly proceedings.

Last April and May, the Committee on Labour and the Economy set aside five sittings for the clause-by-clause consideration of Bill 25, An Act to amend the Pay Equity Act. This bill, on which special consultations had been held, modernizes and makes certain adjustments to this legislative act.

The Committee on Culture held two days of public hearings last June 4-5 on Bill 32, An Act to amend the Act respecting the professional status and conditions of engagement of performing, recording and film artists and other legislative provisions. It subsequently gave clause-by-clause consideration to this bill, whose principal purpose is to broaden the scope of this Act to include other persons who contribute directly to the creation of the artistic work.

Last May 14, the Committee on Institutions gave clause-by-clause consideration to Bill 3, An Act to provide for the implementation of the Entente entre le Québec et la France en matière de reconnaissance mutuelle des qualifications professionnelles and similar agreements. As its title implies, this bill follows up on the agreement reached on 17 October 2008 between the Premier of Québec, Mr. Charest, and the President of the French Republic, Nicolas Sarkozy, on the occasion of his official visit to the National Assembly.

The Committee also gave clause-by-clause consideration to Bill 9, An Act to amend the Code of Civil Procedure to prevent improper use of the courts and promote freedom of expression and citizen participation in public debate. To meet this objective, the bill in particular allows the courts to promptly dismiss a proceeding that is improper. It also specifies what may constitute an improper use of procedure and authorizes the reversal of the burden of proof if the improper use of procedure is summarily established. It should be noted that this bill follows up on both public consultations conducted during the 38th Legislature with regard to strategic lawsuits against public participation.

Finally, the Committee held three days of public hearings on Bill 48, Code of ethics and conduct of the Members of the National Assembly. On this occasion, it heard in particular the Jurisconsult of the Assembly and the Lobbyists Commissioner. In summary, this bill affirms the principal values of the National Assembly and establishes the rules of conduct to be observed by Members (incompatible offices or posts, conflicts of interest, gifts and benefits, the use of State property, etc.). It also sets out special rules of conduct for Cabinet Ministers. Furthermore, it requires Members to file a full statement disclosing their private interests and those of their family members, and provides for the publication of a summary of such interests. Lastly, the bill provides for the appointment by the National Assembly of an Ethics Commissioner.

Last May, the Committee on Transportation and the Environment held five sittings during which it gave clause-by-clause consideration to Bill 27, An Act to affirm the collective nature of water resources and provide for increased water resource protection. Initially, special consultations were held thereon in September 2008 during the 38th Legislature (it was Bill 92 at the time). This bill confirms the legal status of water by affirming that it is a collective resource that is part of the common heritage of the Québec nation. It also recognizes the right of every natural person to have access to safe drinking water and sets out certain principles, including the duty to prevent damage to water resources and repair any such damage.

In June, the Committee held special consultations and gave clause-by-clause consideration to Bill 42, An Act to amend the Environment Quality Act and other legislative provisions in relation to climate change. The purpose of this bill is to reduce greenhouse gas emissions (GHG), which affect the quality of the atmosphere and contribute to global warming and climate change. It provides that the Government is to set greenhouse gas reduction targets using 1990 emissions as the baseline. Furthermore, it allows the Government to put in place, by regulation, all the mechanisms required to implement a GHG emissions cap-and-trade system, commonly called “carbon market”.

Last April 23, the Committee on Public Administration elected a second vice-chairman hailing from the Second Opposition Group, namely François Bonnardel, Member for Shefford. The presence of a second vice-chairman at the Committee on Public Administration is a measure stemming from the recognition of the Action démocratique du Québec as a parliamentary group.

The Committee tabled the 21st and 22nd reports on the accountability of deputy ministers and chief executive officers of public bodies last June. The first report concerns mandates that had not been completed in autumn 2008 owing to the dissolution of the 38th Legislature. In view of the issues addressed and the efforts already made, the Members of the 39th Legislature chose to complete the work initiated by their predecessors. This report thus contains observations, conclusions and recommendations concerning Revenu-Québec, the Société de développement des entreprises culturelles and the Ministry of Health and Social Services (from the vantage point of medical supplies and equipment). This report also addresses the use of public funds by the former Lieutenant-Governor of Québec.

The second report follows up on the hearings held by the Committee in May and June 2009. The first chapter concerns the Régie des alcools, des courses et des jeux as regards its performance, the issuing of permits and supervision, and the second chapter concerns the business relations of general and vocational colleges with partners.

For further information on the standing committee proceedings, please visit the Internet site of the Québec National Assembly: www.assnat.qc.ca.