Legislative Reports
Alberta | British Columbia | House of Commons | Manitoba | New Brunswick | Northwest Territories | Nova Scotia | Nunavut | Ontario | Prince Edward Island | Quebec | Saskatchewan| Senate | Yukon
Nova Scotia
The Sixty-Fourth General Assembly convened for the Fall 2023 Sitting from October 12 until November 9, 2023. The Fall 2023 Sitting consisted of a total of 19 sitting days.
The House departed from its ordinary schedule for 15 of those 19 sitting days. Extended hours began on the fifth sitting day and continued until the final, nineteenth sitting day. The extended hours included two Monday sittings. Six of the 15 extended sitting days lasted until midnight.
Before the House adjourned sine die at 9:55pm on the evening of November 9, the Lieutenant Governor assented to 17 Bills: 12 Government Bills, 3 Private & Local Bills, and 2 Private Members’ Bills.
Historic Election: First Woman Speaker of the Nova Scotia House of Assembly
After calling the House to order on the first day of the Fall Sitting, Keith Bain resigned his position as the 53rd Speaker of the Nova Scotia House of Assembly. He took a seat on the Government side of the House, maintaining his role as the Member for Victoria-The Lakes.
The ensuing Speaker’s Election was a two-way contest. Consistent with the prior public announcement in September, the Premier nominated former Cabinet Minister Karla MacFarlane (who resigned her position as Minister without portfolio earlier that morning to satisfy Rule 6B(b)’s qualifications for the position of Speaker (See Vol. 46, Issue 4). To compete with the Premier’s nomination of MacFarlane, the House Leader of the New Democratic Party (Susan Leblanc, Dartmouth North) nominated one of the House’s Deputy Speakers, Lisa Lachance (Halifax Citadel- Sable Island), who had previously run against Bain at the outset of the 64th General Assembly in 2021. (See Vol. 44, Issue 4.)
Interestingly, the Fall 2023 Speaker’s Election marked only the third time in the history of the Nova Scotia House of Assembly that a Speaker was chosen by secret ballot—not by acclamation of a single unchallenged nominee. (The first secret ballot in 1998 elected Ronald Russell to preside over the 57th General Assembly in 1998. The second secret ballot in 2021 elected Bain to preside over the 64th General Assembly).
The suspense lasted for a 44-minute voting period (which was seven minutes longer than the voting period for the last Speaker’s Election in 2021). Members entered the legislative chamber one by one, wrote their chosen candidate’s name by hand behind a tartan- draped screen, and cast their folded ballot into the official receptable—one of the top hats belonging to the House’s headpiece collection. After the House Leaders scrutinized the counting of the ballots, the Chief Clerk announced that the House had chosen MacFarlane to serve as its 54th Speaker.
In the 265-year existence of the Nova Scotia House of Assembly, Speaker MacFarlane is the very first woman to ever ascend to the role.
Noteworthy Procedure
Enforcement of Promptness: Point of Order
On October 12, the Member for Cumberland North (Elizabeth Smith-McCrossin) rose on a point of order to allege that Resolution 598 was out of order and ought to be struck from the Order Paper. (As previously reported in Vol. 47 No. 2, on April 3, the Member for Pictou West gave Notice of Motion for Resolution 598, after the Member for Cumberland North tabled and discussed a document of ambiguous provenance during Second Reading of Bill 278, Non- disclosure Agreement Prohibition Act.) Resolution 598 proposes that the House “determine that the Member for Cumberland North misled the House, and that she not be allowed to take her seat until such time as she retracts her comments and apologizes.”
Given that the impugned Resolution was proposed by the Member for Pictou West, who had just ascended to the role of Speaker, Deputy Speaker Nolan Young took the Chair and became seized with the point of order.
The form of the point of order was peculiar. During the Daily Routine and prior to her oral intervention that day, the Member for Cumberland North tabled a five- page document. The tabled document set out a series of written arguments, which she later summarized in her oral intervention. The intervening Member then asked the Deputy Speaker to take the point under reservation and to produce a written decision. This quasi-judicial form was peculiar because the Rules do not contemplate the submission of written arguments, nor the delivery of written decisions by Presiding Officers.
After the House was called to order on October 27, Deputy Speaker Young returned to the Chair to deliver his Ruling. He decided the point on the narrow ground that the Member for Cumberland North had failed to promptly raise the point of order. Generally, points of order must always be immediately raised at the moment a procedural irregularity or breach of order occurs. Yet six sitting days had elapsed between the House’s receipt of Notice for the impugned Resolution in the Spring 2023 Sitting and the Member’s subsequent intervention in the Fall 2023 Sitting. Furthermore, four sitting days had elapsed between the appearance of the Resolution on the Order Paper on April 5 and the Member’s intervention on October 12. In ruling that the point of order was therefore too late to be decided on the merits, Deputy Speaker Young emphasized the rationale for the promptness: the House must be provided with a realistic opportunity to cure the irregularity or breach and mitigate any prejudice to ongoing proceedings.
Although this enforcement of the promptness requirement was sufficient to dismiss the point of order, Deputy Speaker Young also provided three reasons why the point of order could not have been sustained, even if it had been promptly raised. First, the Member had argued that Resolution 598 violated her freedom of speech—but that argument was in substance, a question of privilege, which “cannot be piggybacked onto a point of order.” Second, the Member had argued that Resolution 598 was a contempt motion, and as such, she was entitled to procedural fairness in accordance with natural justice, plus a speedy disposition of the contempt accusation. However, the premise of that argument was mistaken. For only allegations that a Member has deliberately or intentionally misled the House are properly understood as contempt accusations, and Resolution 598 did not impute any deliberate will or intent to the Member. Third, to rule Resolution 598 out of order would “negate the undoubted privilege of this House to control its own proceedings.” In sum, the authorities indicated that the Member had not identified any valid procedural irregularity or breach of order arising from Resolution 598, which remains on the Order Paper.
Halloween Tradition
On October 31, the House was gripped in the spirit of Halloween – Oidhche Shamhna during Statements by Ministers. Begging forgiveness for unparliamentary language, the Minister of Gaelic Affairs (Allan MacMaster) told tales of the devil’s presence among the Gaels in Cape Breton. He concluded on a cautionary note: the doors of a barn where an exorcism was performed were symbolic of the importance of resisting the temptation of evil.
In reply for the Official Opposition, the Member for Timberlea-Prospect (Iain Rankin) recounted a haunting legend of a kolyak – an elderly woman – who descended into an open grave in her white nightgown to save a bleating lamb, suffering to escape. This legend also sounded a cautionary note for the three youth out late who were greeted by the moonlit sight of the woman climbing out of the grave.
Finally, the House Leader of the NDP (Susan Leblanc) was spooked to learn that she had been treated to a late-night cup of tea in the Legislative Library by the ghost of Annie Donahoe, who had worked there from 1889 to 1954. As proof of the encounter, the House Leader tabled the teacup, which had mysteriously appeared under her seat in the chamber later that night, when she re-entered the chamber for the roll call on a recorded division.
Many and Lengthy Recorded Divisions
Throughout the Fall Sitting, the House’s consideration of Bills was frequently punctuated by recorded divisions. During the Fall 2023 Sitting alone, the Clerks conducted 52 roll calls for recorded divisions—a number that would have been 56 if the Rules permitted recorded divisions at the hour of adjournment (Rule 4(1)). More than half of the recorded divisions were also preceded by the division bells ringing for an entire hour. Pursuant to Rule 38(4), the division bells may ring for a “reasonable length of time,” up to a maximum of one hour. In practice, not all caucus whips were satisfied until the bells had exhausted the full one hour maximum.
Legislative Highlights
Health
Bill 319, First Responders Day Act – declares May 1 to be a day for honouring the volunteers and professionals who help preserve life, property, evidence, and the environment in the early stages of an emergency.
Bill 322, Opioid Damages and Health-care Costs Recovery Act (amended) – expands the scope of civil litigation available against the pharmaceutical industry for damages caused by the sale and marketing of opioid products, including Nova Scotia’s participation in a proposed class action initiated by the Province of British Columbia. At present, the constitutionality of the concordant legislation enacted in British Columbia is under appeal at the Supreme Court of Canada (Sanis Health Inc. et al, v. British Columbia, Docket No. 40864).
Bill 323, Regulated Health Professions Act – replaces 21 statutes with a single regulatory foundation common to all self-regulated health professions. As part of the common foundation, the Minister of Health & Wellness is empowered to direct a regulatory body on health, safety, or quality assurance.
Bill 334, Health Services and Insurance Act (amended) – enables the treatment and care of mental health and addictions through the publicly-funded healthcare system by making the powers and obligations of the Minister of Addictions & Mental Health under the Act equivalent to that of the Minister of Health & Wellness. Key amendments also include permitting each responsible Minister to enter contracts for the provision of insured services and authorize payments for services without first obtaining approval of the Governor-in-Council.
Municipal Affairs
Bill 320, Tourist Accommodations Registration Act (amended) – requires hosts and platform operators of short-term rentals to register and pay annual taxes. To strengthen the safety of such rentals, Bill 320 allows for the appointment of inspectors, the issuance of investigative warrants, and the imposition of fines and penalties for contraventions of the Act.
Bill 329, Halifax Regional Municipality Charter (amended) and Housing in the Halifax Regional Municipality Act (amended) – reduces the Municipality’s control over housing development by enacting a series of centralization measures, including empowering the Minister of Municipal Affairs to designate special planning areas, for which the Minister may then repeal or amend by-laws and approve development agreements, permits, and subdivisions. Bill 229 also explicitly enables the Minister to do so at the Minister’s sole discretion, without any consultation or recommendation or request. To expedite residential construction, the Municipality is also required to create a trusted partner program, which will prioritize projects proposed by accredited designers and builders.
Bill 340, Municipal Reform (2023) Act – reforms the 30-year-old framework for service exchange agreements between the province and its 49 municipalities. Responsibility for calculating and allocating municipal capacity grants is now reposed in the Governor-in-Council. Among other changes, municipalities are no longer required to contribute to the cost of corrections, nor to absorb part of the net operating losses for public housing.
Other Government Bills
Bill 321, Conseil scolaire acadien provincial Act — Loi sur le Conseil scolaire acadien provincial – unique in that it is drafted in both English and French, Bill 321 endeavours to support the constitutional rights of minority language speakers in the province by reinforcing the existing duties of the Conseil scolaire acadien provincial (CSAP). CSAP provides French- first language education programs and services in publicly-funded primary and secondary schools.
Bill 327, Motor Vehicle Act (amended) – aims to enhance the safety and efficiency of road construction by allowing for the operation of automated flagging assistance devices, in lieu of flagspeople.
Bill 332, Workers’ Compensation Act (amended) – adds gradual onset stress to the list of workplace injuries available to be compensated by the Board.
Bill 337, Electricity Act (amended) – to encourage the development and use of renewable energy, Bill 337 authorizes the Minister to compel a public utility to enter purchase agreements for power generated by renewable low-impact facilities, as well as power generated by energy-storage projects.
Bill 339, Financial Measures (Fall 2023 Act) – creates a provincial tax rebate for purpose-built housing, expands the Capital Investment Tax Credit, extends an agreement between municipalities and Eastward Energy for taxing the natural gas distribution system, and allows private companies the option to transfer and join the Public Service Superannuation Plan.
Private Members’ Bills
The total number of Private Members’ Bills introduced during the first Session of the Sixty-Fourth General Assembly grew from 233 to 303. The following chart depicts the proportion of Private Members’ Bills introduced during each Sitting of the First Session:
During the Fall 2023 Sitting, the Liberals surpassed the NDP as the caucus with the most Private Members’ Bills introduced. At the end of the Spring 2023 Sitting, the NDP had introduced 97, four more than the Liberals’ 93. To date, Private Members’ Bills introduced according to political affiliation are as follows: 129 Liberal, 119 NDP, 54 Independent and one Progressive Conservative.
Two Private Members Bills’ Passed
After the Government House Leader requested and obtained unanimous consent to bypass both the Law Amendments Committee and the Committee of the Whole House on Bills, the House passed two Private Members’ Bills: one from each of the two Opposition caucuses.
Bill 119, Endometriosis Awareness Month Act was first introduced by the Member for Dartmouth North in Spring 2022. To raise public consciousness, Bill 119 declares March to be Endometriosis Awareness Month. There is no known cause nor cure for endometriosis, which is a potentially debilitating condition suffered by one in 10 women, trans, and non-binary people of reproductive age.
Bill 396, Sickle Cell Awareness Day Act was first introduced by the Member for Cole Harbour (Tony Ince) in the Fall 2023 Sitting. Bill 397 declares June 19 to be Sickle Cell Awareness Day and emulates the recognition of that day by the African Union, the World Health Organization, and the United Nations. The observance draws attention to a blood disease most commonly afflicting people of Indian, Saudi Arabian, Mediterranean and sub-Saharan African ancestry. Sickle Cell Disease can reduce a person’s lifespan by as much as 30 years.
Fall 2021 | 74 |
Spring 2022 | 57 |
Summer 2022 | 12 |
Fall 2022 | 37 |
Spring 2023 | 53 |
Fall 2023 | 70 |
Alberta
First Session of the 31st Legislature
The First Session of the 31st Legislature began with the Speech from the Throne on October 30. In the speech, Lieutenant Governor Salma Lakhani touched on provincial rights, affordability and taxes, public safety and the opioid addiction crisis, and economic diversification. Following the Speech from the Throne, Premier Danielle Smith introduced Bill 1, Alberta Taxpayer Protection Amendment Act, 2023, which requires any increases to provincial personal or corporate income tax rates to be approved in a provincial referendum.
Shortly after, on November 2, the Government introduced Bill 2, Alberta Pension Protection Act, which requires the following in respect of the establishment and operation of an Alberta provincial pension plan:
- a provincial referendum to occur before the provincial government withdraws assets from the Canada Pension Plan (CPP);
- that benefit and contribution rates under a provincial plan be the same or lower than the rates for the CPP, and that the provincial plan provide the same or better benefits to Albertans;
- that all funds transferred from the CPP to Alberta may only be used to establish and operate the provincial plan.
Both bills passed on division and received Royal Assent on December 7.
Indigenous Land Acknowledgement
On November 20, the Assembly considered a Motion other than a Government Motion, sponsored by Member Jodi Calahoo Stonehouse, to amend the Standing Orders to include an Indigenous Land Acknowledgement. Speaking to the motion, Member Calahoo Stonehouse equated land acknowledgements with “other symbolic acts, like the Mace processional, the prayer, or even the national anthem” that are routinely practised by the Assembly. The motion was amended such that the Land Acknowledgement is made by the Speaker on the first sitting day of each week following the singing of O Canada. The motion as amended received the unanimous support of the Assembly. The text of the Land Acknowledgement is as follows:
The Legislative Assembly is grateful to be situated upon Treaty 6 territory. This land has been the traditional region of the Métis people of Alberta, the Inuit, and the ancestral territory of the Cree, Dene, Saulteaux, Iroquois, Blackfoot, and Nakota Sioux people. The recognition of our history on this land is an act of reconciliation, and we honour those who walk with us. We also further acknowledge that the province of Alberta also exists within treaties 4, 7, 8, and 10 territories and the Métis Nation of Alberta.
Alberta Sovereignty Within a United Canada Act
On November 28, 2023, the Premier moved the first motion in the Assembly proposed for the purpose of the Alberta Sovereignty Within a United Canada Act, in response to the federal government’s proposed Clean Electricity Regulations (“Federal Initiative”). The motion proposes
- that the Assembly take the view that the Federal Initiative mandates a set of emissions standards and timelines that are unattainable within the context of Alberta’s electricity industry and available energy resources,
- that the Assembly confirm that the Alberta Legislature has exclusive legislative jurisdiction over the development, conservation, and management of sites and facilities in Alberta for the generation and production of electrical energy,
- that the Government should explore the feasibility and effectiveness of a provincial Crown corporation to secure the provincial electrical system, and
- that the Government use all legal means necessary to oppose the implementation and enforcement of the Federal Initiative in Alberta, including launching a legal challenge.
When the session adjourned on December 6, the motion remained under consideration.
Committee Business
The standing committees of the Legislative Assembly were struck on October 31. The Standing Committee on the Alberta Heritage Savings Trust Fund met on November 6 to review and approve the 2022-23 annual report of the fund and receive its 2023-24 first-quarter report. It held its annual public meeting on the evening of November 30.
The Assembly referred the Public Sector Compensation Transparency Act to the Standing Committee on Families and Communities for review. The Committee has six months to report its recommendations to the Assembly. This will be the second review of the so- called “Sunshine List Act,” which is required every four years in accordance with section 41(1) of the Act. The Committee met on December 4 to begin its review. It has agreed to solicit written submissions on the Act from identified stakeholders and the public until January 31 and to invite technical briefings from the Ministry of Treasury Board and Finance and the Ministry of Justice.
On November 9, the Special Standing Committee on Members’ Services agreed to review the compensation, benefits, and allowances paid to the Members of the Legislative Assembly. It has also authorized the Legislative Assembly Office to hire a consultant to prepare recommendations on the matter and created a subcommittee to provide direction and oversee the process.
The Standing Committee on Legislative Offices met on several occasions prior to the new year. In November, it completed the annual review of the compensation of the Officers of the Legislature and determined that compensation for the six Officers would continue to parallel what is available to senior officers of the Alberta public service. In addition, the Committee noted that the contracts of the Ethics Commissioner, Marguerite Trussler, and Chief Electoral Officer, Glen Resler, expire in May 2024, and it recommended that a search committee process commence before the end of the fall sitting.
In December, the Committee met to review the budget proposals for the Officers of the Legislature. The offices of the Information and Privacy Commissioner, Public Interest Commissioner, and the Ombudsman each requested increases of between approximately four to 5.5 per cent over their approved budgets for the previous fiscal year. However, the Committee approved only a 2.1 per cent increase for each of the offices. The Committee also determined it requires more information before deciding on the budget requests of the Auditor General, Chief Electoral Officer, Child and Youth Advocate, and Ethics Commissioner. The Committee directed the Legislative Assembly Office to prepare a comparison of the budgets approved for statutory officers with similar mandates in other Canadian jurisdictions.
Also in December, pursuant to Government Motion 18, which referred the 2022-2023 Annual Report of the Office of the Child and Youth Advocate to the Standing Committee on Legislative Offices for review, the Committee received presentations from the Advocate and from officials from the Ministry of Children and Family Services. The Committee completed the review and recommended “that the Office of the Child and Youth Advocate continue to work together with the relevant ministries to improve outcomes for children and youth in care in Alberta based on the recommendations made in the 2022-2023 annual report of the Child and Youth Advocate.”
The Select Special Conflicts of Interest Act Review Committee was appointed on December 5, 2023, to review the Conflicts of Interest Act as provided in section 48 of that Act. The Committee must submit its report to the Assembly, including any amendments to the Act recommended by the Committee, within one year after commencing its review.
In addition, the Assembly has deemed the Standing Committee on Resource Stewardship a special committee for the purpose of reviewing the Personal Information Protection Act as required by section 63 of that Act. The Committee must submit its report to the Assembly within 18 months of beginning its review, and that report is to include any amendments recommended by the Committee.
The Select Special Ethics Commissioner and Chief Electoral Officer Search Committee was also struck on December 5. The Committee’s role is to invite applications for the positions of Ethics Commissioner and Chief Electoral Officer and to recommend to the Assembly the applicant it considers most suitable for each position. The Committee met on December 19 to consider position profiles for both roles and to approve a communications plan for the recruitment process. Applications for both positions were to be accepted until February 2.
Remembering W.J. David McNeil
W.J. David McNeil passed away on October 20, 2023. As Clerk of the Legislative Assembly of Alberta for over 28 years, David served with five Speakers, seven Premiers, and 392 Members. He guided the Legislative Assembly Office through eight general elections, Queen Elizabeth II’s 2005 visit, and many other significant events. In 2012 he was awarded the Queen Elizabeth II diamond jubilee medal in honour of his many contributions and achievements. A brief memorial tribute was held in the Legislative Assembly on November 2. During his remarks, Speaker Nathan Cooper noted that the former Clerk was well respected by both Members and staff.
Jody Rempel
Committee Clerk
British Columbia
Fall Sitting Period
The Fourth Session of the 42nd Parliament resumed on October 3, 2023, for a seven-week sitting period. On October 5, the Legislative Assembly adopted a Sessional Order to enable certain proceedings of the House, including the consideration of bills at committee stage, to be undertaken in three concurrent sections in the Chamber (Section B) and two committee rooms (Sections A and C). The Sessional Order discharged and replaced a previous Sessional Order adopted by the Legislative Assembly on February 28, 2023, which also enabled certain proceedings of the House to be undertaken in three concurrent sections but only enabled two sections to consider bills at committee stage in Committee of the Whole. The Sessional Order also increased the membership of Sections A and C to include a Member of the newly recognized Fourth Party, when the Conservative Party of British Columbia gained official party status in the Legislative Assembly on September 13. The third section began considering bills at committee stage on October 25.
On November 27, the Legislative Assembly adopted an amendment to the Sessional Order to add BC’s lone Independent Member and an additional Member of the Government Caucus to the membership of Section A. While all Members may participate in debate in Sections A and C, per the October 5 Sessional Order, only designated Members or their substitutes can vote in divisions. Membership typically consists of Members of recognized caucuses proportional to party standings and BC’s Independent Member, Adam Walker, MLA, had raised concerns about his inability to vote in these sections. Section C membership remained unchanged, as the section was not anticipated to be used for the remainder of the sitting period.
With two scheduled weeks left in the sitting period, three bills remained at second reading stage and three bills at committee stage. To allow additional time for debate, the Legislative Assembly adopted several motions to extend the sitting days near the end of the sitting period. On November 20, a motion was adopted to sit beyond the usual time of adjournment of 6:30 p.m. until the questions on second reading of two bills were put and decided. On November 22, a motion was adopted to extend the sitting until 9:00 p.m. from the usual time of adjournment of 7:00 p.m. At the outset of the last week of the sitting period, on November 27, a motion was adopted to modify the adjournment time until 9:00 p.m. from 6:30 p.m. on November 27 and 28, and to 10:00 p.m. from 7:00 p.m. on November 29.
On November 29, the Legislative Assembly adopted a motion to effect time allocation on the remaining four bills awaiting various stages of consideration. Under Standing Order 81.1(2), a Minister may move a motion to allot days or hours for the consideration and disposal of proceedings of a public bill if unable to reach a time allocation agreement with the recognized caucuses.
On November 30, Third Party House Leader Adam Olsen, MLA, and Official Opposition House Leader Todd Stone, MLA, raised questions of privilege related to the time allocation motion adopted the previous day. The two House Leaders stated that the Government House Leader, Ravi Kahlon, MLA, misled the House in his remarks prior to moving the time allocation motion in which he informed the House that an attempt was made to reach an agreement on time allocation among the caucuses. In response, the Government House Leader advised the House that he had consulted with the Fourth Party Caucus, they had declined to support a time allocation agreement and, as such, a consensus could not be reached. Later that day, the Speaker provided a single ruling on both questions of privilege finding that a prima facie breach of privilege had not occurred.
On the final day of the sitting period, November 30, the Legislative Assembly adopted a motion to amend Standing Order 2(1). The amendment shifts the Thursday afternoon sitting time from 1:30 p.m. – 6:00 p.m. to 1:00 p.m. – 5:30 p.m. This formalizes a sessional amendment to alter the Thursday afternoon sitting time in several recent sessions. Following this motion, the Government House Leader tabled the 2024 Parliamentary Calendar which schedules a 10- week spring sitting period. In anticipation of the 43rd provincial general election expected in October 2024, no fall sitting period is presently scheduled.
Also on November 30, the Legislative Assembly adopted a long adjournment motion, allowing the Speaker to reconvene the Legislative Assembly between the sitting periods if needed. The Legislative Assembly was expected to resume on February 20, 2024, with the anticipated prorogation of the Fourth Session of the 42nd Parliament and the opening of the Fifth Session with the Speech from the Throne later that same day.
Legislation
During the fall sitting period, 21 Bills received Royal Assent. The sitting period saw a significant focus on housing legislation. Bill 44, the Housing Statutes (Residential Development) Amendment Act, 2023 makes a number of changes to zoning frameworks, including requiring municipal zoning bylaws to allow for small-scale multi-units in areas zoned for single detached homes and removes the public hearing process for developments that fit within existing Official Community Plans. Bill 47, the Housing Statutes (Transit-Oriented Areas) Amendment Act, 2023 designates areas near transit hubs in which residential development applications that meet minimum density levels cannot be rejected by municipalities. Bill 35, the Short-Term Rental Accommodations Act restricts and regulates dedicated short-term rental units such as Airbnb and enhances enforcement tools. The intention of the legislation is to return units to the housing and rental market.
The fall sitting period also brought legislative changes related to labour. Bill 48, the Labour Statutes Amendment Act, 2023, amends sections of the Employment Standards Act and the Workers Compensation Act to consider online platform workers as employees and the platform operators as employers under the law. Bill 38, the International Credentials Recognition Act, aims to streamline the recognition of professional credentials earned outside of Canada, including removing requirements for Canadian work experience from designated professions and restricts the use of additional English language testing.
Other notable legislation included Bill 31, the Emergency and Disaster Management Act, which modernizes emergency management within British Columbia and includes a more proactive approach to emergency management, including an emphasis on disaster risk reduction. Bill 36, the Police Amendment Act, 2023, amends the Police Act to clarify the process for police model transitions, including specifying that the City of Surrey must provide policing services through a municipal police department and grants the Minister of Public Safety and Solicitor General authority to cancel the City’s existing policing agreement with the RCMP. These amendments are intended to address issues emerging from the City of Surrey’s transition to a new municipal Surrey Police Service which began in 2018.
Parliamentary Committees
The Special Committee to Review Private Members’ Business released its report on October 5. The Committee made 13 recommendations to increase equity and opportunities for Private Members to bring legislative initiatives and items for debate forward during the two hours of Private Members’ Time held on Monday mornings. Recommendations include restructuring the time to focus more on Private Members’ motions and bills over statements; introducing a lottery system for the consideration of Private Members’ Bills and motions; and establishing a new Select Standing Committee to consider Private Members’ Bills at committee stage. The Committee recommended that these changes be implemented for the 43rd Parliament.
The Special Committee to Review Provisions of the Public Service Act released its report on November 30. In 2018, amendments to the Public Service Act expanded the independent Merit Commissioner’s mandate to conduct reviews of dismissal processes used by the public service for just cause dismissals. Under the Act, a review was required five years after these changes came into force. After its examination, the Committee agreed that the provisions in the Act related to dismissal process reviews should be maintained. The Committee made nine recommendations to increase timeliness, transparency, and fairness throughout the just cause dismissal investigation process and to address targeted issues brought forward by the Merit Commissioner.
Legislative Assembly Administration
The Legislative Assembly Administration’s Year in Review 2022/23 was approved by the Legislative Assembly Management Committee at its meeting on October 30. The report highlights the progress made towards the goals outlined in the Legislative Assembly Administration’s 2022/23 – 2024/25 Strategic Plan. Notable accomplishments highlighted in the report include: the launch of a new Client Services department; implementation of a diversity, equity, inclusion, and accessibility plan; and the development of a long-term plan for the renewal and modernization of the Legislative Precinct.
Lekwungen Welcome Signage
On November 29, three large plaques in the Lekwungen language were unveiled in front of the Legislative Precinct. The Parliament Buildings and legislative grounds are located on the traditional territories of the Lekwungen Peoples, known today as the Songhees and Esquimalt Nations. The plaques display seven messages along with their English translations, and were developed in partnership with Elmer Seniemten George, one of the last remaining speakers of the Lekwungen language, with support from language revitalization specialist Andrew Cienski. The event was co-hosted by the Speaker of the Legislative Assembly, Raj Chouhan, MLA, and the Songhees Nation and Esquimalt Nation and attended by Members from all caucuses and the public.
Ministerial Statement
On October 16, Premier David Eby delivered a ministerial statement condemning the October 7 attack on Israel by the terrorist organization Hamas and the rise in antisemitism in BC. Members from all caucuses responded with statements condemning the attack and rise in hate. On behalf of the Official Opposition, Michael Lee, MLA, responded in support of the Jewish community and called for the release of hostages taken during the attack. The Leader of the Third Party, Sonia Furstenau, MLA, acknowledged the growing humanitarian crisis in Gaza and urged a focus on diplomatic solutions to deescalate the violence. The Fourth Party House Leader, Bruce Banman, MLA, denounced those who celebrated the attack and expressed condolences to innocent civilians and the Jewish community.
Minister Bowinn Ma
Bowinn Ma, Minister of Emergency Management and Climate Readiness, welcomed her child on November 15, becoming the third sitting BC Cabinet Minister to give birth while in office. She is expecting to transition back to her ministerial duties early in the new year.
Jonathon Hamilton
Committee Researcher
Saskatchewan
Resumption of the Third Session of the Twenty- Ninth Legislature
The Legislative Assembly of Saskatchewan reconvened on October 10, 2023, following a recall by Speaker Randy Weekes at the request of the government. The purpose of the recall, which was not a new session but rather a resumption of the third session of the twenty-ninth legislature, was to introduce a “parental bill of rights” pertaining to gender-related name and identity changes at school.
Upon resumption, the first order of business was the seating of new members Noor Burki, MLA for Regina Coronation Park, Jared Clarke, MLA for Regina Walsh Acres, and Blaine McLeod, MLA for Lumsden-Morse, who were elected in by-elections over the summer.
The Assembly then proceeded to elect a new Deputy Speaker. Fred Bradshaw was the only member who submitted their name for the position and was accordingly declared Deputy Speaker by acclamation.
Sessional Order Amending Rules and Sitting Times of the Assembly
On October 12, 2023, Government House Leader Jeremy Harrison moved a motion proposing modifications to the Rules and Procedures of the Legislative Assembly of Saskatchewan for the duration of the recall. Specifically, sitting hours would be extended to 9 a.m. to 11 p.m., seven days a week; daily items of business under routine proceedings would be limited; typical notice provisions would not apply; use of rule 93(1) regarding suspension of bills and rule 61 regarding motions of urgent and pressing necessity would be out of order; and debate on bills would be limited to a predetermined number of hours for each stage of consideration set out in the motion.
Notice of closure on the motion was given by the government on the following sitting day, October 16, but was not moved because the motion passed the same day on a recorded division of 41-12. The sessional order came into immediate effect and extended hours and time limits on debate began, remaining in force until the conclusion of the sitting on October 20.
Passage of Bill No. 137 — The Education (Parents’ Bill of Rights) Amendment Act, 2023
The purpose of the sitting was Bill No. 137 — The Education (Parents’ Bill of Rights) Amendment Act, 2023. It was introduced on October 12, 2023, on a recorded division of 37-12.
The Bill was in response to an injunction granted by a Court of King’s Bench judge in September on the Saskatchewan government’s parental inclusion and consent policy, which required parental consent for students to change their gendered name and pronouns in schools. The injunction, which temporarily stopped the policy until a court could rule on its legitimacy, was granted on the grounds that affected students may suffer “irreparable harm.” Premier Scott Moe subsequently committed in the media to invoking the notwithstanding clause in legislation to implement the policy.
Bill 137 makes several changes to The Education Act, 1995 concerning the rights and responsibilities of parents and guardians. These include requiring schools to obtain consent from the parents/guardians of any child under age 16 wishing to use an alternative gendered name and identity at school; and requiring schools to provide two weeks’ notice prior to the presentation of sexual health content, including the subject matter and dates, and allowing parents/ guardians the choice to withdraw their child from the presentation of the content. The Bill also establishes that the sections pertaining to parental consent regarding gender identity will operate notwithstanding both the Canadian Charter of Rights and Freedoms and the Saskatchewan Human Rights Code.
Beginning on October 16, 2023, Bill 137 was considered for a total of 40 hours in accordance with the time allocations laid out in the sessional order — 33 hours at second reading, five hours in Committee of the Whole on Bills, and two hours at third reading. Notably, the bill was passed on recorded division at each stage of consideration, including in Committee of the Whole on Bills, where each individual clause was agreed on recorded division. Two amendments were moved by opposition members during clause-by- clause consideration, both of which were negatived, also on recorded divisions.
Bill 137 was passed on October 20, 2023, on a recorded vote of 40-12. It received Royal Assent and came into force immediately afterwards. At that time, the special sitting was officially adjourned in accordance with an order of the Assembly made the same day.
Prorogation and the Opening of a New Session
The Assembly then reconvened on the morning of October 25, 2023, for prorogation of the third session of the twenty-ninth legislature. Lieutenant Governor Russ Mirasty opened the fourth session of the twenty- ninth legislature that afternoon with the delivery of the Speech from the Throne, followed by blessings from both Elder Betty McKenna and Archbishop Don Bolen.
A prayer ceremony involving an Elder, the Speaker, the Lieutenant Governor, and members of the Legislative Assembly was scheduled to take place the previous day but was cancelled due to inclement weather.
On October 26, 2023, a motion for Address in Reply was moved, followed by an amendment from the opposition which expressed a lack of support for the agenda outlined in the speech and loss of confidence in the government. The Assembly debated both the motion and the amendment for four days. On November 2, 2023, the amendment was negatived on a recorded division of 11-37 and the main motion was agreed to on a recorded division of 36-12.
Changes to Committee Composition
Rule 122(1) of the Rules and Procedures of the Legislative Assembly of Saskatchewan stipulates that the membership of standing committees is to be proportional to party membership in the Assembly. The results of three by- elections held over the summer changed the proportions of party membership in the Assembly, necessitating a meeting of the House Services Committee to revise the ratio of members on standing committees.
The Committee met on October 24, 2023, and recommended that the standing committees’ member ratio be set at five government members to two opposition members, with the exception of the Standing Committee on Privileges, which would be four government members and two opposition members. The ratio would also not apply to the Standing Committee on House Services, whose membership is set out in rule 139(1), and the Standing Committee on Public Accounts, whose membership is set in accordance with a provisional order for the duration of the twenty-ninth legislature.
The Committee’s thirteenth report containing the aforementioned recommendation was presented and concurred in by the Assembly on October 26, 2023.
Remembrance Day Statutory Holiday Observation
Also contained in the Standing Committee on House Service’s thirteenth report was a recommendation that there be no sitting of the Assembly on Monday, November 13, 2023 in observance of the Remembrance Day statutory holiday, and that the 25th and final day of the fall period of the parliamentary calendar be moved by one day to December 7, 2023 to maintain 25 sitting days in the sitting period. While the Assembly’s rules do address some circumstances whereby sittings are affected by Remembrance Day, there is no provision to observe the statutory holiday on a weekday when it falls on a Saturday, as it did in 2023.
Following the concurrence of the Committee’s report in the Assembly on October 26, 2023, the parliamentary calendar was accordingly revised.
Motions Without Notice
The first two weeks of the Fall Sitting saw the Assembly debate two motions with the unanimous consent of the Assembly. In both cases, the debates pursuant to rule 61 took precedence over the Throne Speech debate.
On October 30, 2023, Mr. Clarke was given leave to move a motion calling for the removal of the federal carbon tax from all forms of home heating for all Canadians. An amendment was moved by government MLA Dustin Duncan expressing support for Premier Moe’s plan to scrap the carbon tax entirely and to stop collecting and remitting the carbon tax on SaskEnergy bills beginning January 1, 2024, if the carbon tax on home heating has not been removed.
The amendment was unanimously passed on a recorded vote of 52-0, as was the amended motion. The Assembly subsequently passed a motion ordering the Speaker to transmit copies of the motion and transcripts of the debate and vote to Prime Minister Justin Trudeau, New Democratic Party Leader Jagmeet Singh, and Official Opposition Leader Pierre Poilievre.
The second debate took place on November 2, 2023. Mr. Duncan was given leave to move a motion calling on all Members of Parliament to support a federal opposition motion that the federal government extend its temporary, three-year pause to the carbon tax on home heating oil to all forms of home heating. Once again, the motion was passed unanimously on a recorded vote of 47-0.
Summary of Legislation of the Fall Sitting
The Assembly sat for 25 days, in which time 18 Public Bills were introduced by the government, three Private Members’ Public Bills were introduced by members of the opposition, and one Private Bill was introduced by a sponsoring private member.
The Assembly also considered supplementary estimates in standing committees for several ministries. The sums reported and approved by committees were included in an appropriation Bill, which received Royal Assent on December 6, 2023.
Three additional Public Bills received Royal Assent during the Fall Sitting. Bill No. 139, The Saskatchewan Remembrance Observance Act, protects the rights of employees to wear a poppy in the workplace between November 1 and 11 each year. Upon its introduction on November 1, 2023, the Bill immediately passed through all stages of consideration and received Royal Assent the same day.
Bill No. 147, The Tobacco and Vapour Products Control Amendment Act, 2023, increases the legal age to purchase tobacco and nicotine vapour products in Saskatchewan from 18 years to 19 years and clarifies existing restrictions on advertising and promotion of nicotine vapour products where youth can be exposed. By leave of the Assembly, the Bill passed through all stages of consideration immediately following its introduction on November 8, 2023, receiving Royal Assent the following day.
Bill No. 151, The SaskEnergy (Carbon Tax Fairness for Families) Amendment Act, 2023, amends The SaskEnergy Act to clearly state that the Crown and its Minister have the sole authority to pay or withhold payment of any charge, tax, or levy required by part 1 of the federal Greenhouse Gas Pollution Pricing Act. The Bill followed the government’s announcement that on January 1, 2024, it would stop collecting the federal carbon tax on home heating sources delivered by Crown utilities. The purpose of the amendments is to ensure that unelected officials are not implicated in any potential legal ramifications of this decision. The Bill was read a third time and passed under its title on a recorded vote of 45-0 on December 4, 2023, and received Royal Assent two days later.
Disruption of the Legislature and Resulting Privilege Case
Proceedings of the Legislative Assembly of Saskatchewan were interrupted on November 20, 2023, when a group of protesters seated in the public galleries began chanting during question period, calling for a ceasefire between Israel and Hamas. When the protestors refused to come to order, the Speaker recessed the sitting on account of grave disorder and the Legislative District Security Unit (LDSU) proceeded to clear out the galleries and escort the protestors from the building. Proceedings resumed after approximately 40 minutes.
In the wake of the incident, the LDSU implemented temporary measures including restricting the number of visitors in the public galleries to 20, requiring visitors to pre-register for access 72 hours in advance and to provide their names and addresses, and prohibiting walk-in access to the galleries without permission from the LDSU director. The measures remained in effect until November 30, 2023.
The day after the incident, the Government House Leader raised a question of privilege regarding the incident, alleging that members of the opposition caucus had helped to promote and organize the protest because they had invited the protesters to the building, provided them with overflow seating, obtained gallery passes for them, escorted them through the building, and offered support for their cause. Opposition House Leader Nicole Sarauer responded in writing, pursuant to rule 12(4), stating that the opposition had no advance knowledge of the protestors’ plans to interrupt proceedings and arguing that the Government House Leader had provided no evidence to indicate otherwise.
The Speaker deferred his decision until November 22, 2023, at which time he ruled that although a prima facie case could be established on the grounds that both House leaders agreed the disruption obstructed members from fulfilling their duties, the evidence presented by the Government House Leader proposing that the opposition caucus and the Member for Saskatoon University had in some way facilitated the protest did not meet the extremely high threshold of proof required to prove the intent of members.
The Speaker allowed the Government House Leader to amend his question of privilege motion to remove any allegation of wrongdoing and ask leave to move the amended motion. Leave being granted, the amended motion alleging that the disruption and occupation of the Assembly constituted a breach of privilege that should be referred to the Standing Committee on Privileges for a full investigation and report was passed on recorded division, with the opposition voting against it on the premise of the wording that the protesters held an “occupation.” The matter was accordingly referred to the Standing Committee on Privileges.
The Standing Committee on Privileges met on December 6, 2023, at which time the Government House Leader moved a motion condemning the protesters’ actions, expressing thanks to security and staff, and requesting that the LDSU review the incident and develop proposals to prevent further breaches of privilege. The motion was passed four to two and the Committee’s first report was subsequently adopted by the Assembly on December 7, 2023, on a recorded vote of 36-10.
Naming of a Member
During debate on concurrence of the aforementioned committee report, MLA for Regina Elphinstone-Centre Meara Conway was asked by the Speaker to withdraw and apologize for making a number of provocative and personal attacks against the Government House Leader. Ms. Conway refused to do so multiple times and was ultimately named for disregarding the authority of the Chair, suspended for the remainder of the sitting day, and removed from the Chamber by the Sergeant-at- Arms.
The Speaker then asked Government House Leader to withdraw and apologize for making several personal accusations against members of the opposition during the preceding debate, which he did.
Removal of MLA from Government Caucus
On November 17, 2023, Cut-Knife Turtleford MLA Ryan Domotor was removed from the Saskatchewan Party caucus and stripped of his government roles and responsibilities after he was arrested and charged with soliciting sexual services the previous day as part of a police investigation focused on combatting sexual exploitation and human trafficking.
Mr. Domotor now sits as an independent member of the Legislative Assembly of Saskatchewan. His expulsion from caucus brings the composition of the Assembly to 45 Saskatchewan Party members, 14 New Democratic Party members, and two independent members.
Adjournment of the Fall Sitting
The Fall Sitting of the Assembly adjourned on December 7, 2023. It was set to reconvene on March 4, 2024, in accordance with the parliamentary calendar.
Miranda Gudereit
Procedural Clerk
Manitoba
First Session of the 43rd Legislature
The First Session of the 43rd Legislature commenced on November 9, 2023, with the election of the new Speaker. Tom Lindsey was acclaimed as the sole nominee. Speaker Lindsey was first elected as an MLA in the northern riding of Flin Flon in the 2016 general election and served two terms in the Official Opposition until the recent election which saw the NDP return to government.
Following the Speaker election, the House subsequently adjourned for the Remembrance Day break week. Session formally commenced on November 21st, 2023, with the new Government’s first Speech from the Throne delivered by Lieutenant Governor Anita Neville. Manitobans were welcomed into the Legislative Building for the ceremonies surrounding the Throne Speech, which included performances from Métis fiddlers Morgan Grace and Keith Ginther. In addition, the Whitehorse Drum Group started and finished the ceremonies inside the legislative Chamber.
The address, entitled “A New Day in Manitoba,” outlined a series of planned initiatives to strengthen the province’s health-care infrastructure, lower costs for families, and grow the province’s low-carbon economy with a geothermal home heating program. It identified the following priorities and commitments to:
- make Manitoba a leader in the low-carbon economy with an agreement from the federal government to deliver funding for a geothermal heat pump program that will connect homes across Manitoba with low-carbon, affordable energy and offer new opportunities to train the next generation of energy workers;
- reduce wait times for surgeries and MRIs by bringing high-quality surgical care back to Manitoba’s public health-care system with new surgical slates and new diagnostic services;
- reduce the backlog in hospitals by expanding services at Grace Hospital, Health Sciences Centre Winnipeg, Concordia Hospital and Brandon Regional Health Centre;
- provide immediate relief to families by freezing hydro rate increases for one year and cutting the gas tax;
- grow Manitoba’s economy and create good jobs by encouraging investments in Manitoba industries like value-added manufacturing, trade and natural resources;
- take action to bring needed relief to beef producers on Crown land leases;
- work with front-line organizations, the business community and all levels of government to help Manitobans struggling with homelessness; and
- reset the relationship with Indigenous governments by working together on priorities in health care, education and economic reconciliation.
During her contribution to the Throne Speech debate on November 22, Leader of the Official Opposition Heather Stefanson moved a motion identifying several areas she believed the Government failed to address in the Speech from the Throne, including:
- failing to outline how the Provincial Government will make life more affordable in the long term for Manitobans struggling to make ends meet;
- omitting tax relief for small businesses in Manitoba;
- committing to making Manitoba a Maritime province without committing to fight for the same carbon tax exemptions afforded to such provinces;
- neglecting to detail the specific measures that will be taken to improve retention and recruitment of health care workers in Manitoba;
- jeopardizing financial sustainability of Manitoba Hydro by committing to freeze hydro rates;
- ignoring agricultural producers and the agriculture industry which represents nearly 10 per cent of Manitoba’s GDP;
- disbanding the Diagnostic and Surgical Recovery Task Force, which provided over 85,000 Manitobans with the care they needed, with no plan to help Manitobans waiting in pain; and
- failing to mention how the Provincial Government will serve Manitobans waiting for surgical and diagnostic procedures in the short term; and
- failing to commit to continuing the five-year, $500 million annual infrastructure budget.
On December 1, the amendment was defeated on a recorded vote of yeas 21, nays 31, while the main motion carried on a recorded vote of yeas 30, nays 22.
The Fall Sittings period concluded on December 7, 2023, with Royal Assent being granted to the following three Government Bills:
- Bill No. 2 – The Louis Riel Act bestows the honorary title of “First Premier of Manitoba” on Louis Riel. The Manitoba education curriculum must now include the significant contributions of Louis Riel;
- Bill No. 3 – The Fuel Tax Amendment Act (Fuel Tax Holiday) amends the The Fuel Tax Act to provide for a tax holiday from January 1, 2024, to June 30, 2024, for fuel purchased for use in operating motor vehicles, farm trucks, and for fire-fighting equipment. Regulations may be made to extend the tax holiday for up to six more months or to reduce the applicable tax rate during the period from July 1, 2024, to December 31, 2024; and Bill No. 4 – The Employment Standards Code Amendment and Interpretation Amendment Act (Orange Shirt Day) amends The Employment Standards Code and The Interpretation Act to observe Orange Shirt Day (National Day for Truth and Reconciliation) as a provincial statutory holiday on September 30. Employers and employees may not substitute a different date for observing Orange Shirt Day. In addition, The Public Schools Act is amended to ensure that, in years when Orange Shirt Day falls on a Saturday or Sunday, schools are closed on the following Monday.
The Assembly is scheduled to resume sitting on March 6, 2024.
Christmas Open House Resumes
After years of virtual celebrations and cancellations, the Manitoba government invited all Manitobans to visit the Legislative Building for the 2023 holiday open house on December 2, 2023. Premier Wab Kinew announced that “the open house is a long-standing tradition that welcomes Manitobans to the Legislative Building – the people’s building. All are welcome to meet the elected officials who have the privilege of representing Manitobans year-round as we celebrate the start of the holiday season together.”
Cabinet Appointments Mark Reconciliation
The launching of a new Government marked several significant developments in terms of reconciliation with the appointment of a new cabinet. On October 18, 2023, Premier Kinew made history when he was sworn in as Manitoba’s only First Nations Premier. John Norquay, a Métis, was Manitoba’s first Indigenous Premier (1878-1887). Premier Kinew, who is of Anishinaabe ancestry, also holds the title of Minister Responsible for Indigenous Reconciliation. It is the first time in Manitoba’s history that the Indigenous reconciliation portfolio has been held by the Premier.
In addition, five out of 15 cabinet positions are now held by Indigenous Ministers. Nahanni Fontaine (Minister of Families) and Bernadette Smith (Minister of Housing, Addictions and Homelessness) are jointly the first First Nations women to be appointed to cabinet in Manitoba. The swearing-in ceremony for Manitoba’s cabinet was steeped in Indigenous tradition and focused on reconciliation. Some of the traditional Indigenous elements featured in the ceremony include a performance of the Red River Jig, a performance by the Dakota Hotain Singers, a prayer by the Chief of the Red Sucker Lake First Nation and a land acknowledgement by Long Plain First Nation Chief Kyra Wilson. Former Senator Murray Sinclair, who presided over the signing of the oaths called it “Manitoba’s true act of reconciliation.”
New Clerk in Manitoba
Our previous submission detailed the retirement of Patricia Chaychuk, the longest serving Clerk in Manitoba history. On Thursday, November 23, 2023, Rick Yarish was formally appointed as the 14th Clerk of the Legislative Assembly of Manitoba. On November 27, Speaker Lindsey paid tribute to Mr. Yarish in a Statement listing his numerous accomplishments, noting that he has served in the Assembly for 23 years, initially as a Clerk Assistant, Clerk of Committees and as Deputy Clerk since April 12, 2011. The Speaker further stated that: “Rick’s tenure as Deputy Clerk has seen him overcome many challenges, most notably during the COVID-19 pandemic where Rick led the team of talented Assembly staff who put together the virtual infrastructure that has seamlessly become part of the operations of this Legislature. Rick firmly believes in democracy and was unwavering in his belief that during those unprecedented times, the Assembly would continue to function, and the public should be able to see their elected officials working hard for them, even if they could not be here in the building.”
Greg Recksiedler
Research Officer / Clerk Assistant
Ontario
1st Session 43rd Parliament (Fall Meeting Period)
This period marked a busy time for the Ontario Legislature, which saw the installation of the new Lieutenant Governor, the appointment of two new parliamentary officers, and a by-election.
30th Lieutenant Governor of Ontario
On November 14, 2023, Edith Dumont was installed as the 30th Lieutenant Governor of Ontario during a ceremony in the Legislative Chamber. She has worked in the education sector for over 30 years and was the first woman to lead the Conseil des écoles publiques de l’Est de l’Ontario (the French public school board for Eastern Ontario). She is the first Francophone to hold the office of Lieutenant Governor of Ontario.
Condolences
On October 5, 2023, the House expressed its condolences on the passing of Monte Kwinter, Member for the electoral districts of Wilson Heights and York Centre from May 2, 1985, to June 6, 2018.
New Parliamentary Officers
The House has ordered the appointment of two new Parliamentary Officers. On November 2, 2023, the House appointed Jeffrey Novak as Financial Accountability Officer for a term of five years commencing on November 3, 2023. He has been with the Financial Accountability Office since 2015 and previously served as the Chief Financial Analyst and Deputy Financial Accountability Officer.
The second appointment was made on December 6, 2023, when the House adopted a motion to name Shelley Spence the next Auditor General. Ms. Spence was appointed to the position for 10 years starting on January 8, 2024. She is a Chartered Professional Accountant, Chartered Accountant and Licensed Public Accountant with over 30 years of experience.
By-Election Results for Kitchener Centre
A by-election was held in the electoral district of Kitchener Centre on November 30, 2023, to fill the vacancy created by the resignation of MPP Laura Mae Lindo. Aislinn Clancy (Green Party of Ontario) was elected in the by-election. The new MPP has taken the Oath of Allegiance and is expected to take her seat when the House resumes meeting on February 20, 2024. She will be one of two Green Party Members in the legislature.
Censure Motion
On October 18, 2023, the Government House Leader moved a motion to censure MPP Sarah Jama, Member for Hamilton Centre. The motion cited the Member’s “use of social media to make antisemitic and discriminatory statements related to the existence of the State of Israel and its defence against Hamas terrorists” as reason for the censure. After debate, the motion carried on October 23, 2023. The resulting Order of the House authorizes the Speaker not to recognize the Member until she retracts and deletes statements on social media and makes an apology in her place in the House.
Standing Order Amendments
On November 30, 2023, the House passed a motion to amend the Standing Orders. An amendment to Standing Order 9(d) shifts the singing of the national and royal anthems to later in the morning on the first Monday of each month, moving them from the start of the meeting day to just before Question Period. Standing Order 110(g), which sets out the mandate of the Standing Committee on Procedure and House Affairs, was also amended. Its mandate was updated to reflect the Committee’s role, including statutory responsibilities with respect to the restoration of the legislative building and any temporary relocation of operations.
The Parliamentary calendar for 2024 was also changed at the same time. A constituency week was added in the spring, and the meeting period was extended by a week in June.
Committee Activities
The standing committees were busy through the fall meeting period. By the third Thursday in November, in accordance with Standing Order 66(a), the policy field committees reported to the House the Estimates of the ministries and offices they considered.
The committees also conducted public hearings and/or clause-by-clause consideration of several government bills. These included:
- Bill 131, An Act to enact the GO Transit Station Funding Act, 2023 and to amend the City of Toronto Act, 2006;
- Bill 134, An Act to amend the Development Charges Act, 1997 and the St. Thomas – Central Elgin Boundary Adjustment Act, 2023;
- Bill 135, An Act to amend the Connecting Care Act, 2019 with respect to home and community care services and health governance and to make related amendments to other Acts;
- Bill 136, An Act to amend the Greenbelt Act, 2005 and certain other Acts, to enact the Duffins Rouge Agricultural Preserve Act, 2023, to repeal an Act and to revoke various regulations;
- Bill 139, An Act to amend various Acts;
- Bill 142, An Act to enact the Consumer Protection Act; 2023, to amend the Consumer Reporting Act and to amend or repeal various other Acts;
- Bill 146, An Act to implement Budget measures and to enact and amend various statutes; and
- Bill 150, An Act to enact the Official Plan Adjustments Act, 2023 and to amend the Planning Act with respect to remedies.
The Standing Committee on Finance and Economic Affairs began its 2024 pre-budget consultations with a first stop in Oshawa. The Committee plans to travel to 16 different locations during the winter adjournment for these consultations.
The Standing Committee on Heritage, Infrastructure and Cultural Policy initiated a study on regional governance in accordance with Standing Order 113(a). This Standing Order authorizes certain committees to conduct studies on the mandate, management, organization or operation of ministries and offices assigned to them. Regional governance is overseen by the Ministry of Municipal Affairs and Housing, assigned to the Committee at the outset of the 43rd Parliament. The Committee travelled to Barrie on November 6, 2023, for its first day of public hearings on the study and plans to travel to six additional locations during the winter adjournment.
The Standing Committee on Procedure and House Affairs continued its study on the renovation and restoration of the legislative building. The Committee was briefed by Paul Calandra, Minister of Legislative Affairs and head of the newly formed Queen’s Park Restoration Secretariat. The briefing outlined the steps taken and associated challenges in identifying a temporary location for the Legislature.
The Standing Committee on Public Accounts continued its review of selected Value-for-Money Audits from the 2022 Annual Report of the Auditor General of Ontario. Topics of consideration included:
- Ontario Energy Board: Electricity Oversight and Consumer Protection;
- Real Estate Council of Ontario;
- Ontario Lottery and Gaming Corporation: Casinos, Lotteries and Internet Gaming; and
- Climate Change Adaptation: Reducing Urban Flood Risk.
The Committee also tabled two reports on sections from the 2019 and 2021 Annual Reports of the Auditor General: a report on Criminal Court Systems was tabled on November 28, 2023, and a report on Outpatient Surgeries was tabled on December 6, 2023.
Isaiah Thorning
Committee Clerk
Québec
Proceedings of the Assemblée nationale du Québec
Extraordinary sitting
At the request of Premier François Legault, the Assembly met for an extraordinary sitting on December 8, 2023, to introduce an exceptional legislative procedure in order to conclude consideration of Bill 15, An Act to make the health and social services system more effective. The sitting began in the afternoon and continued until the following morning, that is, for approximately 14 hours.
After an hour devoted to speeches at the passage stage, the bill was passed on the following vote: Yeas 75, Nays 16, Abstentions 0.
Composition
Following the resignation of Joëlle Boutin of the Coalition avenir Québec, a by-election was held in the electoral division of Jean-Talon on October 2, 2023. With the election of Pascal Paradis, who took his seat on 17 October 2023, a Member belonging to the Parti Québécois now represents the riding.
On October 7, 2023, Frédéric Beauchemin, Member for Marguerite-Bourgeoys, was suspended from the caucus of the parliamentary group forming the Official Opposition (the Quebec Liberal Party). He therefore sat as an independent Member before being reinstated into his caucus on December 14, 2023.
In consequence, the Assemblée nationale is now composed of 125 Members: 89 from the Coalition avenir Québec, 19 from the Quebec Liberal Party, 12 from Québec solidaire and four from the Parti québécois, along with one independent Member.
Legislative agenda
From October to December 2023, 26 bills were introduced in the Assemblée nationale, of which 10 were private Members’ and two were private. Fifteen government bills and one private bill were passed, including:
- Bill 15, An Act to make the health and social services
system more effective;
- Bill 22, An Act respecting expropriation;
- Bill 23, An Act to amend mainly the Education Act and to enact the Act respecting the Institut national d’excellence en éducation;
- Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods;
- Bill 34, An Act to modernize the notarial profession and to promote access to justice;
- Bill 40, An Act mainly to reform municipal courts and to improve the justice system’s efficiency, accessibility and performance.
Ruling from the Chair
At the extraordinary sitting on December 8, 2023, when taking into consideration the report from the Committee of the Whole on Bill 15, An Act to make the health and social services system more effective, Sylvain Lévesque, Second Vice-President of the Assemblée nationale, ruled on the admissibility of an omnibus amendment. The purpose of such an amendment is to amend a number of clauses of a bill simultaneously. This can be done only in parliamentary committee, by leave of the committee members. The amendment was ruled out of order.
Assemblée nationale Chamber renovation project
In October 2023, the Bureau de l’Assemblée nationale authorized the renovation of the Legislative Council Chamber (the Salon Rouge), beginning in January 2024.
The temporary renovation of the Salon Rouge is necessary to enable the Assembly to hold sittings and broadcast debates from September 2024 onwards, while major renovations will be taking place in the Assemblée nationale Chamber (the Salon Bleu). The Salon Bleu is scheduled to be in renovation until 2026.
In addition, the Assemblée nationale wishes to capitalize on the renovation of the Salon Bleu to improve the technologies used during parliamentary proceedings, and thus prepare for future challenges. A call for tenders was published to acquire a comprehensive solution addressing the various needs associated with sittings management, such as parliamentary services, document management, information sharing and electronic voting.
Commissioner for Respect
In December 2023, the Bureau de l’Assemblée nationale appointed Sofia Jabrane as the Assemblée nationale’s first Commissioner for Respect. The Commissioner for Respect will be responsible for dealing with situations of incivility, conflict and harassment involving Members, political staff, the Assemblée nationale’s senior executives or administrative managers. A bill amending the Act respecting the National Assembly was passed in 2022 to create this position.
Committee Proceedings
Bills
After almost 240 hours of clause-by-clause consideration, the Committee on Health and Social Services tabled its report on Bill 15, An Act to make the health and social services system more effective, although consideration of the 1,180 sections of the bill had not yet been completed. With over 400 sections still to be considered, the Premier requested that the Assemblée nationale hold an extraordinary sitting to complete consideration of Bill 15 under the exceptional legislative procedure, commonly called a legislative “gag order.”
In accordance with the Standing Orders of the National Assembly, the Committee on Health and Social Services interrupted its proceedings, and clause- by-clause consideration of the bill continued in the Chamber, the Committee of the Whole. At the end of the consideration, more than 900 amendments, tabled by the Minister of Health and Opposition Members, were adopted, both in the Standing Committee and in the Committee of the Whole. The Act to make the health and social services system more effective (2023, chapter 34) was assented to on December 13, 2023.
The Committee on Culture and Education completed clause-by-clause consideration of Bill 23, An Act to amend mainly the Education Act and to enact the Act respecting the Institut national d’excellence en éducation. The mission of the Institute to be established following the enactment of the Act is to prepare and regularly update a summary of available scientific knowledge relating to students’ educational success, and to promote best practices in the field of education to stakeholders in the education system. The Act also promotes the sharing of information within the education network by empowering the Minister of Education to designate an education information filing and communication system. The Act to amend mainly the Education Act and to enact the Act respecting the Institut national d’excellence en éducation (2023, chapter 32) was assented to on December 7, 2023.
The Committee on Public Finance heard five witnesses with in the framework of special consultations and public hearings on Bill 35, An Act respecting the implementation of certain provisions of the Budget Speech of 21 March 2023 and amending other provisions. The Committee then completed, in one sitting, clause- by-clause consideration of the Act, which amends, in particular, the Act respecting the Québec Pension Plan to set the age to qualify for a maximum retirement pension at 72 years of age. The Act also replaces the Balanced Budget Act to allow a budget deficit to be anticipated in certain circumstances.
Order of reference from the Assembly
The Committee on Institutions was mandated to hold special consultations and public hearings on the report on the implementation of the Code of ethics and conduct of the Members of the National Assembly for 2015–2019. The report, entitled “Incursion au cœur du code d’éthique et de déontologie: de la théorie à la pratique” (“incursion into the heart of the Code of ethics and conduct: from theory to practice”), was tabled on December 5, 2019, and covers the period from January 1, 2015, to November 15, 2019.
The November 21, 2023, hearings provided an opportunity to hear six witnesses, including Ariane Mignolet, Ethics Commissioner, and Marie Deschamps, Assemblée nationale Jurisconsult. The consultations focused on the application of the Code of Ethics and Conduct during the election period, the ethics and conduct of former parliamentarians and whistleblower protection during investigations conducted by the Commissioner.
Following the hearings, the Committee tabled a report in which it expressed its position on all the recommendations made in the report on the implementation of the Code of ethics and conduct. The Committee is required to carry out this mandate under the Code of ethics and conduct of the Members of the National Assembly.
Parliamentary oversight
On October 5, the Committee on Public Administration held a hearing with the Ministère de la Santé et des Services sociaux and the Capitale- Nationale and Est-de-l’Île-de-Montréal Centres intégré universitaire de santé et de service sociaux (CIUSSS) on Chapter 4 of the May 2023 Auditor General of Québec’s report entitled Santé mentale : efficacité du continuum de soins et de services pour les usagers ayant des troubles mentaux graves (“mental health: effectiveness of the continuum of care and services for users with severe mental disorders”).
On November 7, the Committee also held hearings with the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs, the Ministère de la Sécurité publique and the Ministère des Transports et de la Mobilité durable on Chapter 2 of the April 2023 Commissioner for Sustainable Development’s report entitled Adaptation aux changements climatiques: risques liés à l’érosion et à la submersion côtières (“adapting to climate change: risks associated with coastal erosion and flooding”).
Following the hearings, the Committee tabled a report containing seven recommendations addressed to the various departments concerned. These include sending the Committee various documents to enable it to follow up on the Auditor General of Québec’s recommendations.
Committee Chair
On October 18, 2023, Virginie Dufour, Member for Mille-Îles, was elected Vice-Chair of the Committee on Labour and the Economy. The election was held in the wake of changes to the composition of the caucus of the parliamentary group forming the Official Opposition.
Olivier Champagne
Direction de la séance et de la procédure parlementaire
Roxanne Guévin
Direction des commissions parlementaires
New Brunswick
Third Session of the 60th Legislature and Throne Speech
Lieutenant-Governor Brenda Murphy opened the 3rd Session of the 60th Legislature on October 17, 2023, with the delivery of the Speech from the Throne. The speech highlighted New Brunswick’s strong fiscal position, its continued record population growth, and the government’s plans to address challenges in addictions and mental health, access to health care and housing, overcrowding of schools in some communities and the rising cost of living. The Progressive Conservative government’s agenda for the session was organized under five priority areas: energizing the private sector; creating vibrant and sustainable communities; delivering dependable public health care; building a better education system; and protecting the environment.
Reply to Throne Speech
On October 19, Official Opposition Leader Susan Holt gave her reply to the Speech from the Throne. She criticized the government for failing to listen to New Brunswickers and emphasized the difficulties residents confront in areas ranging from record homelessness, to waiting times for long-term care, childcare, and primary care. She noted that New Brunswick has the lowest investment per capita in health care and a record infrastructure deficit. Ms. Holt characterized the Throne Speech as lacking in vision and outlined the Liberal party’s vision for the province, including initiatives to improve access to health care, the cost of living, and housing affordability.
Capital Budget
On November 28, Finance and Treasury Board Minister Ernie Steeves tabled the 2024-25 Capital Budget. The budget totals $1.2 billion, an increase of $200 million over the previous year, and outlines planned capital spending of $3.6 billion over the next three years. Highlights include $187.4 million for schools in response to growing enrolment; $33 million to begin construction of the first new government- owned public housing in 38 years; $505 million for highways, roads and bridges; and $155.4 million for health care infrastructure.
Legislation
Nineteen bills were introduced during the fall sitting and 14 received Royal Assent. Bills introduced include:
Bill 7 – An Act to Amend the Trespass Act, introduced by Public Safety Minister Kris Austin, extends the application of the Act, which is currently restricted to stores, schools, and domestic violence shelters, to include privately-owned properties including residences and commercial properties and provides additional powers to peace officers to arrest those believed to have trespassed.
Bill 17 – Pension Plan Sustainability and Transfer Act, introduced by Mr. Steeves, provides for a process to transfer pension plans prescribed by regulation to one of the existing shared risk plans to which most provincial public-sector employees have belonged since 2014. In introducing the bill, the government announced that it intends to prescribe certain existing defined benefit plans to be transferred to shared risk plans. The members of the defined benefit plans to be transferred are groups of unionized school district employees including bus drivers and custodians as well as nursing home employees. The government explained that the transfer of the plans from defined benefit to shared risk would ensure their financial sustainability.
The passage of Bill 17 was attended by several events of procedural note:
After first reading on November 29, Official Opposition House Leader Guy Arseneault rose on a point of order protesting the exclusion of opposition Members from a government technical briefing for the media. On December 8, Speaker Bill Oliver ruled the point not well taken, adding that even if the matter had properly been raised as a question of privilege it would not have constituted a prima facie matter of privilege based on a New Brunswick precedent involving a media briefing on the budget as well as rulings in the Canadian House of Commons concerning technical briefings on bills.
During second reading debate, members of the public in the visitors’ gallery disrupted the proceedings by shouting while a Member was speaking. The Speaker suspended the sitting. Following a recess and discussion with those in the gallery, proceedings resumed without the need to clear the gallery.
A new procedure, under the June 2023 special order creating a legislative calendar, was invoked for the first time to extend the fall sitting by two days to deal with Bill 17.
On December 12, after the House adopted a time allocation motion to limit debate on Bill 17 to 10 hours at all stages, members of the public in the visitors’ gallery again disrupted the proceedings by shouting and making noise. However, as debate had ended due to the expiry of the 10 hours and the only remaining proceedings on Bill 17 were a series of six recorded votes, the taking of the votes proceeded despite the continuing disturbance. The bill passed and it received Royal Assent on December 13.
Bill 19 – An Act Respecting the Right to a Healthy Environment, introduced by Green Party Leader David Coon, sets out the rights of residents of the province to a healthy environment and to be informed and participate in environmental decision-making. It also provides individuals with rights of action in the courts to protect the environment and creates the position of Environmental Rights Commissioner.
Bill 20 – Highway Cellular Coverage Act, introduced by Official Opposition Economic Development critic Jean- Claude D’Amours, provides for the establishment of a fund to improve cellular coverage along highways.
Motions
Motions debated during Opposition Members’ Business included:
Motion 17, moved by Official Opposition Justice critic Robert McKee, urging the government to expand the mental health court program throughout the province. The motion was adopted on November 23 after amendments to instead urge continued expansion of access to mental health and addictions treatment and continued expansion of the Provincial Court’s capacity to address addictions and mental health challenges.
Motion 21, moved by Official Opposition Education critic Francine Landry, urging the government to institute a free school breakfast program was adopted in amended form on December 7.
Committee Activity
The Standing Committee on Economic Policy, chaired by Michelle Conroy, remained active during the fall sitting of the House.
On December 7, the House referred Achieving Greater Accessibility: New Brunswick’s Framework for Accessibility Legislation to the Select Committee on Accessibility. It is expected the committee will meet in early 2024 to consider this legislative framework.
On December 8, Ryan Cullins, chair of the Standing Committee on Climate Change and Environmental Stewardship, presented the committee’s report on a provincial clean energy strategy. The committee reported on what it heard from 31 organizations and individuals during hearings held in February and September 2023.
The Standing Committee on Public Accounts, chaired by Chuck Chiasson, met on December 14 to discuss the Report of the Auditor General of New Brunswick, 2023, Volume II – Performance Audit and Volume III – Financial Audit. In the performance audit, Auditor General Paul Martin addressed issues including the COVID-19 pandemic preparedness and response of the Departments of Education and Early Childhood Development, Health, and Justice and Public Safety. The financial audit reported continuing improvement in the province’s financial condition in 2023 and concerns relating to NB Power’s ability to sustain its operations.
Adjournment
The House adjourned on December 13 and is scheduled to resume sitting on March 19, 2024, when it is expected that Mr. Steeves will present the 2024-25 Budget. The standings in the House are 29 Progressive Conservatives, 16 Liberals, three Greens and one Independent.
Patrick Dunn
Law Clerk and Committee Clerk
Prince Edward Island
1st Session, Sixty-seventh General Assembly
The First Session of the Sixty-seventh General Assembly resumed on November 7, 2023, and adjourned to the call of the Speaker on November 29, for a fall sitting total of 13 days. The First Session began in May 2023 and now totals 37 sitting days.
Capital Budget
Minister of Finance Jill Burridge tabled the 2024- 2025 Capital Budget on November 21. Its total for the year is $368.8 million and over five years, $1.3 billion. The largest expenditures over the five-year period are in health care ($167 million to complete the Mental Health Campus), housing ($176 million to purchase or build an additional 95 social and affordable housing units), and education ($176 million to expand or replace existing schools and build a new high school in Stratford).
Legislation
The House considered 42 bills during the fall sitting, 34 of which passed all stages and received Royal Assent. Thirty-four Government bills were considered. Thirty of these bills received Royal Assent, while four were not debated beyond first reading and remain on the Order Paper.
Many of the Government’s bills amended existing legislation, but several bills made significant changes or completely replaced laws focused on the protection of vulnerable Islanders and the people who provide that protection. These included:
- Bill 19, Adult Guardianship and Trustee Act, which provides for the appointment of substitute decision makers for persons who lack capacity to make certain decisions on their own behalf;
- Bill 20, Public Guardian and Trustee Act, which replaces the Public Trustee Act and provides the legislative framework for the powers and duties of the Public Guardian and Trustee;
- Bill 21, Powers of Attorney and Personal Directives Act, which replaces the Powers of Attorney Act and provides the statutory framework for powers of attorney and personal directives to allow Islanders to appoint other persons to make decisions on their behalf;
- Bill 28, Mental Health Act, which replaces the existing Mental Health Act and provides for new admission criteria and community treatment orders; and,
- Bill 32, Child, Youth and Family Services Act, which updates and enhances the services provided by the Child Protection Act. Of these bills, the Mental Health Act and Child, Youth and Family Services Act received the most debate.
Of the seven private members’ bills considered, three received Royal Assent, two were not recommended, one was referred to a standing committee, and one remained in committee when the fall sitting concluded.
The Employment Standards Act was the subject of three bills, two of which aimed to provide more paid sick leave for employees. Bill 106, An Act to Amend the Employment Standards Act, introduced by Leader of the Opposition Hal Perry and Bill 107, An Act to Amend the Employment Standards Act (No. 2), introduced by Leader of the Third Party Karla Bernard, both aimed to provide up to five days of paid sick leave per year. They differed in the stipulation of how long an employee would have to be employed before having access to all five days, and whether unused paid sick leave days could be carried over into a new year. Bill 107 was debated in Committee of the Whole House over two days, and ultimately not recommended. Bill 106 was debated over five days, and ultimately passed, but with amendments reducing the number of paid sick leave days to a maximum of three, lengthening the period of continuous employment necessary before paid sick leave could be used, and inserting a proclamation clause. The bill received Royal Assent but has not yet been proclaimed.
Bill 109, An Act to Amend the Employment Standards Act (No. 3), introduced by Government Private Member Zack Bell, reduced the number of months of continuous employment required to qualify for military reservist leave from six to three. It passed and received Royal Assent. A private members’ bill introduced by Opposition House Leader Gordon McNeilly to establish the fourth Saturday in November as Ukrainian Famine and Genocide (Holodomor) Memorial Day also received Royal Assent.
Resignation of Member
On November 10, Government Private Member Jamie Fox rose in the House to announce his resignation as the member for District 19, Borden- Kinkora, in order to run in the next federal election. Mr. Fox was first elected in 2015 and re-elected in 2019 and 2023. He served as Leader of the Opposition from 2015 to 2017 and as Minister of Fisheries and Communities from 2019 to 2023. A by-election will be held in District 19 on February 5, 2024.
Speaker’s Rulings
On November 8, Government House Leader Matthew MacKay rose on a point of order to question the admissibility of Bill 106, An Act to Amend the Employment Standards Act, citing Rule 65(3) that stipulates that private members’ bills cannot call for nor imply the expenditure of public funds or the imposition of any tax. He requested that no further debate on the bill occur until the Speaker ruled on the matter. Speaker Darlene Compton found that the bill was not out of order as it did not impose taxes nor appropriate public money and therefore did not require a royal recommendation from the Lieutenant Governor. She pointed out that the bill contained a clause indicating that moneys required for its purpose would be paid out of moneys appropriated for that purpose by the Legislature, as have other private members’ bills.
On November 24, Minister of Environment, Energy and Climate Action Steven Myers rose on a point of order to object to comments made by Leader of the Third Party Karla Bernard during Oral Question Period, as he saw them as reflections on a vote already taken by the House. Speaker Compton agreed that the Leader of the Third Party had reflected on a vote and directed her to retract her comments and apologize to the House, which she did.
Committee Activities and Reports
In the period between their establishment at the outset of the 67th General Assembly and the end of the year, the standing committees of the legislature met 29 times and issued eight reports.
The Standing Committee on Education and Economic Growth examined land use planning; provincial population growth, immigration and construction workforce strategies; and the report of the independent third-party review of UPEI’s workplace policies and practices with respect to harassment and discrimination. The committee made six recommendations in its fall 2023 report.
The Standing Committee on Health and Social Development held meetings in various locations across PEI to gather public input on programs, policies and supports for Prince Edward Island’s unhoused community and those facing homelessness. The committee also examined other topics, including emergency medical services; overdose prevention and harm reduction; the provincial housing action plan; and mental health and addictions services. The committee made 20 recommendations in its report on its activities. The committee also issued a report with a recommendation on appointments to the PEI Human Rights Commission, as it is required to do under the PEI Human Rights Act.
The Standing Committee on Natural Resources and Environmental Sustainability examined shoreline protections; the states of forests following Hurricane Fiona; and challenges in the agriculture industry. The committee made 22 recommendations in its fall 2023 report.
The Standing Committee on Public Accounts examined three reports by the Auditor General; financial matters of Health PEI and the PEI Housing Corporation; funding for recruitment of doctors and nurses; the provincial funding agreement for UPEI; and trends in provincial surpluses and deficits. The committee included five recommendations in its report.
The Standing Committee on Rules, Regulations, Private Bills and Privileges issued reports on a private bill and on committee membership. The Standing Committee on Legislative Assembly Management issued a report on a bill affecting one of the independent offices of the Assembly, as it is required to do under the Rules of the Legislative Assembly. All committee reports were adopted by the House.
Ryan Reddin
Director of Parliamentary Research
Nunavut
House Proceedings
The spring 2023 sitting of the 2nd Session of the 6th Legislative Assembly convened on May 24, 2023, and concluded on June 1, 2023.
Four bills received Assent during the spring 2023 sitting:
- Bill 13, An Act to Amend the Limitation of Actions Act and the Legal Questions Act and to Repeal and Replace the Interprovincial Subpoenas Act;
- Bill 22, An Act to Amend the Mental Health Act;
- Bill 24, Supplementary Appropriation (Operations and Maintenance) Act, No. 1, 2023-2024; and
- Bill 25, Supplementary Appropriation (Capital) Act, No. 2, 2023-2024.
The fall 2023 sitting of the 2nd Session of the 6th Legislative Assembly convened on October 19, 2023, and concluded on November 9, 2023. The proceedings of the Committee of the Whole during the fall 2023 sitting were dominated by the consideration of the proposed 2024-2025 capital estimates and several tabled documents related to the government’s Katujjiluta Mandate, including the Government of Nunavut Katujjiluta Mandate Mid-Term Report and Ministerial Mandate Letters.
Eleven bills received Assent during the fall 2023 sitting:
- Bill 23, Nursing Professions Act;
- Bill 26, Miscellaneous Statutes Amendment Act;
- Bill 27, An Act to Repeal the Area Development Act;
- Bill 28, Opioid Damages and Health Care Costs Recovery Act;
- Bill 29, An Act to Amend the Engineers and Geoscientists Act;
- Bill 30, An Act to Amend the Revolving Funds Act;
- Bill 31, Appropriation (Capital) Act, 2024-2025;
- Bill 32, Supplementary Appropriation (Operations and Maintenance) Act, No. 2, 2022-2023;
- Bill 33, Supplementary Appropriation (Capital) Act, No. 3, 2023-2024;
- Bill 34, Write-Off of Assets and Debts Act, 2022-2023; and
- Bill 36, An Act to Amend the Nunavut Elections Act and the Plebiscites Act.
Bill 36 was introduced as a House Bill under the authority of the Legislative Assembly’s Management and Services Board. Speaker Tony Akoak appeared before the Committee of the Whole on the occasion of its clause-by-clause consideration of the bill. Bill 36 amended the Nunavut Elections Act and the Plebiscites Act to reflect the implementation of online voter lists, increase efficiencies and enable Nunavummiut who are outside Nunavut or their home community because of their medical needs to vote in Nunavut.
Bill 35, An Act Respecting the Constituencies of Nunavut, was also introduced as a House Bill during the fall 2023 sitting. The bill proposed to amend the Nunavut Elections Act to implement the recommendations of the 2023 report of the Nunavut Electoral Boundaries Commission, which was tabled by the Speaker at the Legislative Assembly’s sitting of October 19, 2023. During the Committee of the Whole’s clause-by-clause consideration of the bill, a recorded vote took place which resulted in the bill not proceeding.
Re-appointment of Integrity Commissioner
On October 19, 2023, the Legislative Assembly unanimously approved a motion recommending that Katherine Peterson, be re-appointed Integrity Commissioner of Nunavut for a second five-year term of office. Ms. Peterson has had a distinguished legal career in the North that spans four decades, including service as Law Clerk and Parliamentary Counsel to the Legislative Assembly of the Northwest Territories.
Committee Hearings
From September 19-22, 2023, the Standing Committee on Oversight of Government Operations and Public Accounts held televised hearings on the Auditor General of Canada’s 2023 Report to the Legislative Assembly of Nunavut on Child and Family Services in Nunavut; the Auditor General of Canada’s 2023 Report to the Legislative Assembly of Nunavut on COVID-19 Vaccines in Nunavut; and the 2021-2022 territorial public accounts. The hearings were presided over by Standing Committee Chair and Iqaluit-Tasiluk MLA George Hickes.
From September 25-28, 2023, the Standing Committee on Legislation held televised hearings on Nunavut’s official languages legislation. Section 37 of the Official Languages Act and section 43 of the Inuit Language Protection Act require that the Legislative Assembly of Nunavut conduct a periodic review of the provisions and operations of the legislation. A number of officeholders and entities appeared before the standing committee, including the Minister responsible for Languages; the Languages Commissioner of Nunavut; the Association des francophones du Nunavut; the Inuit Uqausinginnik Taiguusiliuqtiit and Nunavut Tunngavik Incorporated. The hearings were presided over by Standing Committee Chair and Arviat South MLA Joe Savikataaq.
Resignation of Member of the Executive Council and Selection of New Ministers
On September 18, 2023, Minister of Environment and Aggu MLA Joanna Quassa announced her resignation from the Executive Council. The Minister’s announcement cited family reasons for the decision. The Legislative Assembly’s Full Caucus subsequently announced that the Nunavut Leadership Forum would convene on September 23, 2023, to select two new members of the Executive Council. The Nunavut Leadership Forum, which consists of all Members of the Legislative Assembly, is used to conduct the selection process for the Speaker, Premier and members of the Executive Council of Nunavut. The Forum’s proceedings were televised live. Three Members accepted nominations to serve on the Executive Council. After delivering remarks, the candidates responded to questions posed by their colleagues. Amittuq MLA Joelie Kaernerk and Hudson Bay MLA Daniel Qavvik were elected after one round of balloting. The House subsequently convened for a short sitting during which a formal motion recommending their appointments was moved and adopted.
Acting Table Officer
During the spring 2023 sitting, the Nunavut Table was ably assisted by Northwest Territories Committee Clerk Katie Weaver. Ms. Weaver served in an acting capacity during the temporary absence of the Clerk.
Alex Baldwin
Office of the Legislative Assembly of Nunavut
House of Commons
This account covers key highlights of the period from mid-October to the end of December 2023. The House adjourned on December 15, 2023, and is scheduled to next sit on January 29, 2024.
Legislation
Government Business No. 30 – Bill C-56, An Act to Amend the Excise Tax Act and the Competition Act
On November 20, 2023, the Minister for Women and Gender Equality and Youth, Marci Ien (Toronto Centre), moved Government Motion No. 30, regarding the proceedings on Bill C-56, An Act to Amend the Excise Tax Act and the Competition Act. The motion outlined the process for the bill’s debate, study in committee, and disposal at 2nd reading stage.
On November 23, 2023, Karina Gould (Burlington), the Leader of the Government in the House of Commons, invoked closure on Motion 30. Closure was subsequently adopted.
On December 14, 2023, the House received a message from the Senate that Bill C-56 was passed without amendment.
Procedure / Privilege
Statement by the Speaker Regarding New Guidelines on Order and Decorum
On October 19, 2023, immediately following Statements by Members and before the beginning of Question Period, the Speaker of the House made a statement regarding order and decorum in the House of Commons.
His statement outlined his commitment to fostering respectful debate and decorum in the House. He emphasized the need to reduce excessive heckling, provocative language, and personal attacks during parliamentary proceedings. The Speaker acknowledged that these issues were most prominent during Statements by Members and Question Period and pledged to address them through discussions with individual members and party representatives.
The Speaker concluded by reaffirming his role as a servant of the House and his authority to enforce rules of debate, including maintaining order and decorum. He expressed the hope that members would work collectively to improve decorum in the House and invited them to approach him for further discussions on the matter.
Question of Privilege Regarding the Impartiality of the Speaker
On Monday, December 4, 2023, the Speaker of the House issued an apology to the House following his appearance by video in a provincial party convention. The Speaker explained that he had received a request to record a video for a personal friend’s intimate gathering and that instead, the video had been played at the provincial party convention. The Speaker emphasized the non-political nature of the message, noting his longstanding friendship with the individual. Notwithstanding, the Speaker apologized to the House and reassured members that such an incident would not happen again. Additionally, he offered to recuse himself from any debate related to the subject of his statement, should members wish to raise questions. The Deputy Speaker then took over the matter.
This statement was later followed by a question of privilege raised by Andrew Scheer (Regina— Qu’Appelle) on an alleged breach of the Speaker’s impartiality. Scheer proposed a motion to denounce the Speaker’s participation in partisan events publicly and suggested that the Procedure and House Affairs Committee should investigate the matter.
On December 5, 2023, the Deputy Speaker delivered a ruling acknowledging the serious allegations against the Speaker’s impartiality. Typically, such matters are addressed through a substantive motion with 48 hours’ notice, as per parliamentary practice. However, given the unique nature of the situation, the Deputy Speaker allowed the House Leader of the Official Opposition to move his motion, prioritizing it over other orders of the day.
The Deputy Speaker emphasized that future concerns about the Speaker’s conduct should be addressed through substantive motions rather than points of order or questions of privilege. Following this ruling, Mr. Scheer moved a motion to refer the matter to the Standing Committee on Procedure and House Affairs for recommendations on an appropriate remedy. Later that same day, Luc Berthold (Mégantic—L’Érable) proposed an amendment outlining a timeline for the committee to meet, prioritize the matter, utilize House resources, and report back to the House by a specific date. The debate on the subamendment collapsed, and the recorded division was deferred until the next day.
On December 6, 2023, the sub-amendment was adopted, and the main motion was agreed to later that day, thus referring the matter to the Standing Committee on Procedure and House Affairs.
Committees
Adoption of a Special Order by Unanimous Consent to Recreate a Special Joint Committee on Medical Assistance in Dying
On October 18, 2023, the House of Commons unanimously consented to reappoint the Special Joint Committee on Medical Assistance in Dying in line with Recommendation 13 of the second report of the same committee. This reappointment followed the committee’s initial establishment on March 30, 2022, which expired after tabling its final report on June 15, 2023. The motion for reappointment outlined terms regarding the committee’s composition, quorum, and members’ ability to participate via videoconference. It mandated the committee to submit a final report to Parliament by January 31, 2024, and specified that the committee would expire once its final report was tabled in both houses. Notably, this marks the first instance of re-establishing a special joint committee within the same session of Parliament after its expiration.
On October 24, 2023, the House received a message confirming that the Senate had adopted a motion akin to the one passed by the House on October 18, allowing for the re-appointment of the Special Joint Committee on Medical Assistance in Dying.
Standing Committee on Procedure and House Affairs – The 55th report, Speaker’s Public Participation at an Ontario Liberal Party Event
On December 14, 2023, Bardish Chagger (Waterloo) presented the 55th report of The Standing Committee on Procedure and House Affairs, entitled Speaker’s Public Participation at an Ontario Liberal Party Event.
It recommended that the Speaker reimburse Parliament for the misuse of resources. Furthermore, it stated that he should receive clear guidelines on impartiality for future reference, and issue a thorough apology emphasizing respect, impartiality, and decorum, while outlining measures to prevent similar incidents.
On December 15, 2023, the Speaker addressed the House in response to the Standing Committee on Procedure and House Affairs’ report. Expressing gratitude for their work, the Speaker admitted a serious mistake in recording the video. Apologizing, the Speaker assured such incidents would not reoccur and outlined a stricter communication protocol. Emphasizing impartiality, the Speaker promised scrutiny in consultation with the House administration. Acknowledging second chances and understanding dissent, the Speaker urged collaboration, pledging efforts to regain trust.
Financial procedures
Supplementary Estimates
On November 9, 2023, the President of the Treasury Board, Anita Anand (Oakville) tabled the Supplementary Estimates (B), 2023-24, which were deemed referred to the appropriate standing committees of the House.
Point of Order Regarding the Anticipation Rule
On November 28, 2023, Andrew Scheer (Regina— Qu’Appelle) raised a point of order challenging the admissibility of Ways and Means Motion No. 19 related to the bill resulting from the fall economic statement. He argued that the motion violated the rule of anticipation, contending that it included provisions from two private members’ bills that the House had already adopted in principle. Mr. Scheer cited Bill C-318, An Act to Amend the Employment Insurance Act and the Canada Labour Code (Adoptive and intended parents), and Bill C-323, An Act to amend the Excise Tax Act (mental health services), as examples, highlighting similarities in clauses between these bills and clauses in the motion. Assistant Deputy Speaker Carol Hughes announced that she would bring Mr. Scheer’s point of order to the Speaker for a decision.
On November 29, 2023, the Speaker provided a statement, acknowledging the need for a comprehensive ruling given the recurrence of similar issues in recent years. However, he did not find sufficient grounds to prevent the House from considering the ways and means motion, emphasizing its purpose in allowing taxation legislation.
On November 30, 2023, Parliamentary Secretary to the Leader of the Government in the House of Commons, Kevin Lamoureux (Winnipeg North) responded to Mr. Scheer’s argument, stating that Bill C-318 required a royal recommendation and couldn’t proceed to a vote without it. Lamoureux asserted that Ways and Means Motion No. 19 contained measures from the 2023 budget and fall economic statement, addressing affordability challenges facing Canadians. He argued that the question at the second reading on implementing legislation was distinct from the issues raised by Mr. Scheer.
On December 12, 2023, the Speaker delivered his ruling to the House regarding the admissibility of Ways and Means Motion No. 19. In the ruling, the Speaker distinguished between substantially similar bills and those that are only similar in part, stating that when bills are only similar in part, the impact of adopting one may differ depending on their principle, scope, and which bill is adopted first. In this case, the Speaker determined that Bill C-59, An Act to Implement Certain Provisions of the Fall Economic Statement Tabled in Parliament on November 21, 2023, and Certain Provisions of the Budget Tabled in Parliament on March 28, 2023, based on Ways and Means Motion No. 19, is not substantially similar or identical to bills C-318 and C-323. Therefore, there is no procedural reason to stop Bill C-59 from proceeding through the legislative process.
Private Members’ Business
Speaker’s Declaration on Royal Recommendation Regarding Bill C-353 and C-356
On October 19, 2023, the Speaker issued a declaration regarding the management of Private Members’ Business and emphasized the need to accompany bills with a Royal Recommendation. He communicated to the House his concerns about the expenditures in Bill C-353, An Act to Provide for the Imposition of Restrictive Measures Against Foreign Hostage Takers and Those Who Practise Arbitrary Detention in State-to-State Relations and to Make Related Amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act, moved by Melissa Lantsman (Thornhill), as well as in Bill C-356, An Act Respecting Payments by Canada and Requirements in Respect of Housing and to Amend Certain Other Acts, moved by Pierre Poilievre (Carleton).
Other
Presence in the Gallery
On December 7, 2023, the Speaker acknowledged the presence in the gallery of the Speaker of the Yukon Legislative Assembly, Jeremy Harper.
Naming of a Member
On December 6, 2023, during Oral Questions Damien Kurek (Battle River—Crowfoot) expressed concerns about the Senate’s handling of Bill C-234, An Act to Amend the Greenhouse Gas Pollution Pricing Act, accusing the Prime Minister of influencing the Senate’s decision and pressuring senators to vote against the bill. The debate intensified when Mr. Kurek accused the Prime Minister of lying about the Senate’s independence. The Deputy Speaker requested twice that Mr. Kurek retract his statement and apologize, but he refused, maintaining the accuracy of his claim. In response, the Deputy Speaker, citing authority under Standing Order 11, named Mr. Kurek for disregarding the Chair’s authority. Consequently, Mr. Kurek was instructed to withdraw from the House for the remainder of the sitting day, including any participation via videoconference. It should be noted that the text of the Standing Order mentions that if Mr. Kurek had cast an electronic vote that day, it would have been invalidated.
Sittings Which Last More Than One Calendar Day
The session held on December 7, 2023, extended beyond a single calendar day due to discussions on the Supplementary Estimates (B). Numerous deferred recorded divisions on the motion were addressed during the session. The House adjourned its proceedings on Friday, December 8, 2023, at 11:33 p.m.
Take-Note Debates
On October 16, 2023, the Parliamentary Secretary to the Leader of the Government in the House of Commons, Kevin Lamoureux (Winnipeg North) sought and obtained unanimous consent that a take- note debate on the situation in Israel, Gaza, and the West Bank be held later that day at the ordinary hour of daily adjournment. The debate was held at 7:32 p.m., foregoing the 48 hours’ notice period prescribed by Standing Order 53.1.
On December 7, 2023, Lori Idlout (Nunavut) sought and obtained unanimous consent that a take-note debate on Indigenous Services be held on December 11, 2023. The debate was held on December 11, 2023, at 7:00 p.m. The House adjourned its proceeding at 11:06 p.m.
Changes in the House of Commons Administration
On December 13, 2023, by unanimous consent, it was ordered that the motion to appoint Eric Janse as the new Clerk of the House of Commons. Mr. Janse had been serving as Acting Clerk since February 13, 2023. He began his career at the House in 1992 and held various positions in Procedural Services before being appointed Deputy Clerk, Procedure, in October 2021. A Table Officer since 1998, Mr. Janse has gained extensive experience providing advice and support to the Speaker and other members in the Chamber. He also played a pivotal role in transitioning committees to hybrid proceedings during the pandemic and was instrumental in developing the Parliament of Canada’s international program.
Vicky Sedhya Maurice-Sevigny
Table Research Branch
Yukon
2023 Fall Sitting
The 2023 Fall Sitting of the First Session of the 35th Yukon Legislative Assembly started on October 4 and concluded on November 23, after 28 sitting days.
Bills
Over the course of the Sitting, eight government bills (each of which had been introduced by the fifth sitting day – the deadline for the introduction of government bills to be dealt with during the Sitting) passed the House and were assented to by Commissioner Adeline Webber.
The bills were: Bill No. 28, Act to amend the Environment Act (2023); Bill No. 29, Act to amend the Elections Act (2023); Bill No. 31, Fiduciaries Access to Digital Assets Act; Bill No. 32, Act to amend the Victims of Crime Act (2023); Bill No. 33, Act to amend the Registered Nurses Profession Act (2023); Bill No. 34, Technical Amendments (Finance) Act (2023); Bill No. 210, Fourth Appropriation Act 2022-23; and Bill No. 211, Second Appropriation Act 2023-24.
On the final day of the Sitting, Bill No. 211, Second Appropriation Act 2023-24, was the sole government bill still on the Order Paper. At 5:00 pm, the bill, which was still under consideration in Committee of the Whole, became the first bill to be identified under the newly revised Standing Order 76 (“the guillotine clause”) and expedited through the remaining stages. During the 2023 Spring Sitting, Standing Order 76 had been amended such that, as of the 2023 Fall Sitting, its application would be restricted to appropriation bills, rather than government bills of all kinds.
No private members’ bills were introduced or considered during the 2023 Fall Sitting.
Electoral boundaries
On October 4, Bill No. 29, Act to amend the Elections Act (2023) was introduced by Premier Ranj Pillai. The bill’s main objective was to establish an Electoral Boundaries Commission before the next general election (slated for November 3, 2025, despite being in a minority parliament). An October 4 government news release noted that the bill was “[i]n response to shifting populations and demographics across the territory, including significant growth in Whitehorse’s Whistle Bend community….”
Concerns had been expressed about Yukon’s electoral boundaries, given variances in many ridings of greater than 25 per cent (above or below) the average electoral district population.
Yukon’s existing legislation provided for electoral boundaries to be reviewed after every other general election. In its April 2018 final report delivered during the preceding Legislative Assembly, the previous Electoral District Boundaries Commission recommended a redistribution that added a new riding. Had that recommendation been adopted, the total number of Yukon ridings would have increased from 19 to 20. As required by the Elections Act, a government bill (Bill No. 19, Electoral District Boundaries Act) was introduced, based on the Commission’s recommendations. However, the bill was defeated on November 19, 2018 (the government caucus and a member of the Official Opposition voted against the motion for second reading).
On October 16, 2023, Bill No. 29 passed second reading and was referred to the Members’ Services Board (MSB). On October 24, MSB reported the bill with amendment (the deadline to establish the commission’s membership was moved up by a week), and the House concurred in the MSB report. On October 26, MLAs voted unanimously in favour of third reading of Bill No. 29, and the bill was assented to by Commissioner Webber.
On December 14, the government announced the appointment of the Commission, which will be chaired by Chief Justice Suzanne Duncan, and whose membership also includes Chief Electoral Officer Max Harvey, Yukon Party nominee Warren Holland, Yukon Liberal Party nominee Patricia Cunning, and Yukon NDP nominee Elizabeth Hanson (the former MLA for Whitehorse Centre).
The government news release noted that “[t]he commission is expected to conduct public hearings, delivering an interim report within seven months of its formation and a final report within an additional five months.”
Special Committee on the Yukon Citizens’ Assembly on Electoral Reform
On October 31, Third Party Leader Kate White, Chair of the Special Committee on the Yukon Citizens’ Assembly on Electoral Reform (SCYCA), presented the Committee’s final report.
SCYCA, which had been established by Order of the House on April 25, 2023, and whose other members were Government House Leader John Streicker, and Curie Dixon, Leader of the Official Opposition, had been tasked with reporting its recommendations on terms of reference for the citizens’ assembly on electoral reform.
SCYCA’s final report noted that although the committee was unable to reach consensus, “the majority of the Special Committee … recommends … that the terms of reference for the Yukon Citizens’ Assembly on Electoral Reform contained in this report be adopted and that the Yukon Citizens’ Assembly on Electoral Reform be established.”
The terms of reference recommended by SCYCA include that the Yukon Citizens’ Assembly on Electoral Reform (YCA) “should be established by a specific action of the Yukon Legislative Assembly,” that the YCA’s final report be presented by October 31, 2024, and that the YCA “shall report during or before the 2024 Fall Sitting of the Yukon Legislative Assembly to permit sufficient time for the Legislature to pass legislation enabling territorial referendums in the Yukon, if there is a recommendation for an alternate electoral system.
On November 7, a motion to concur in SCYCA’s final report (Motion Respecting Committee Reports No. 8) was moved by the SCYCA Chair. At the conclusion of the debate, the motion carried on division (with the government and Third Party voting for, and the Official Opposition voting against, the motion).
Ministerial statements
On October 4, 2023, Richard Mostyn, Chair of the Standing Committee on Rules, Elections and Privileges (SCREP), presented the Committee’s eighth report, which was on the topic of ministerial statements. The Committee is made up of two government members (both Ministers – there are no government private members in the Assembly) including the Chair, two members of the Official Opposition Caucus, and a member of the Third Party caucus.
Yukon’s Standing Orders provided for the delivery one ministerial statement (“an announcement or statement on government policy or a matter of public interest”) per sitting day. SCREP’s report recommended adding Standing Order 11(3.3) to require the Speaker to be satisfied that the Government House Leader and at least one opposition House Leader agreed to the delivery of the ministerial statement.
On Wednesday, October 25, 2023, a day dedicated to Opposition private members’ business, the House debated a motion moved by Official Opposition member Brad Cathers (Motion Respecting Committee Reports No. 6) to concur in SCREP’s eighth report. The motion for concurrence carried on division with the Official Opposition and Third Party members voting in favour and government members against, the motion.
Public Accounts hearings
On November 24, the Standing Committee on Public Accounts (PAC), which is chaired by the Leader of the Official Opposition, held a public hearing on Yukon’s public accounts for the 2022-23 fiscal year.
On December 12, PAC held a public hearing on the June 2023 report of the Office of the Auditor General of Canada on the Yukon government’s roll out of COVID-19 vaccines during the pandemic.
Northwest Territories
On October 6, 2023, motion 87-19(2) carried, officially dissolving the 19th Legislative Assembly. Writs for the election of Members of Legislative Assembly were issued, and in compliance with the recently assented to Act to Postpone the Polling Day for the 2023 General Election due to evacuation orders caused by wildfires affecting 14 of the 19 electoral districts. The 2023 Territorial General Election was to be held on November 14, 2023.
On October 20, 2023, the nomination period for candidates closed with 56 candidates in 19 constituencies.
Three returning candidates were acclaimed: Jane Weyallon Armstrong, MLA for Monfwi; Caitlin Cleveland, MLA for Kam Lake; and Caroline Wawzonek, MLA for Yellowknife South.
Housing, healthcare, state of the NWT economy, cost of living, mental health and addictions, and the timely issue of emergency management were common issues throughout the election period.
Voting began on October 24 and continued to November 12 in special voting opportunities. On Election Day, 34 polling locations opened across the territory for the 16 electoral districts. In total, 10,797 votes were cast, representing a 52.54 percent voter turnout. There were no contests where a judicial recount was required.
Following the election, the process for selecting the Premier was a public topic of discussion. At the outset of each new Assembly, Members of Caucus review and approve the “Guidelines and Process Conventions” for the Territorial Leadership Committee. The Territorial Leadership Committee is “the vehicle used by the Northwest Territories’ consensus style government to recommend the appointment of the Speaker, Premier and Members of the Executive Council to the Legislative Assembly and the Commissioner.” Members of the 20th Assembly announced the process for the Territorial Leadership Committee in a press release.
The Territorial Leadership Committee commenced with roundtable speeches on November 27, 2023. The candidate speeches for Premier followed. The Territorial Leadership Committee adjourned after that, affording Members the chance to travel to their home communities and consult with their constituents on which candidates will best serve the Territory.
One week later, the Territorial Leadership Committee convened and started with nominations for Speaker. Shane Thompson, MLA Nahendeh, was acclaimed. Next, the Committee held a question period of the Premier candidates followed by voting. Two rounds of voting were required to obtain a consensus vote, following which R.J. Simpson, MLA Hay River North was declared Premier-designate.
The Territorial Leadership Committee maintained the two-two-two system for the election of the Executive Council. This implies the NWT Cabinet will be composed of two Members from the north, south and capital constituencies. Candidates from each region delivered speeches, following which Members were provided ballots for which two candidates from each region could be selected. The Members of the 20th Legislative Assembly elected from the northern constituencies Lucy Kuptana, MLA Nunakput and Lesa Semmler, MLA Inuvik Twin Lakes. Jay MacDonald, MLA Thebacha and Vince McKay, MLA Hay River South were elected to represent the southern constituencies, and Ms. Cleveland, MLA Kam Lake and Ms. Wawzonek, MLA Yellowknife South were the representatives chosen from the capital constituencies.
December 8, 2023, marked the opening of the first Session of the 20th Legislative Assembly. Proceedings began with a lively dance performance in the centre of the Chamber by the Tetlit Gwich’in Dancers. Following this, Members moved motions to appoint the Speaker, Premier and Executive Council. Motions were also moved to establish the Standing Committee on Accountability and Oversight (which is composed of all Regular Members), and the members for the Board of Management (the Committee responsible for the general administration of the Legislative Assembly). Session is adjourned until February 6, 2024. During the next session Members of Caucus will table a report on the statement of agreed upon priorities for the 20th Assembly.
Amy Lizotte
Manager of Research
The Senate
Legislation
One Senate public bill, S-222, An Act to amend the Department of Public Works and Government Services Act (use of wood), received Royal Assent by written declaration this quarter on October 26.
Four Commons bills were adopted by the Senate with amendments, and messages were sent to advise the House of Commons: Bill C-48, An Act to amend the Criminal Code (bail reform), on November 28, followed by a message on December 5 that the Commons had agreed to the amendments; Bill C-29, An Act to provide for the establishment of a national council for reconciliation, on November 30; Bill C-35, An Act respecting early learning and child care in Canada, on December 7; and Bill C-234, An Act to amend the Greenhouse Gas Pollution Pricing Act, on December 12.
The Senate passed two Senate government bills on December 14: Bill S-13, An Act to amend the Interpretation Act and to make related amendments to other Acts, and Bill S-14, An Act to amend the Canada National Parks Act, the Canada National Marine Conservation Areas Act. Messages were sent to the House of Commons that the Senate had passed the bills, to which it desires its concurrence.
Six government bills received Royal Assent this quarter. Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act, received Royal Assent by written declaration on October 26. On November 1, Bill C-42, An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts, was read a third time, passed without amendment and received Royal Assent later that day. Following a message agreeing to the amendments made by the Senate, Bill C-48, An Act to amend the Criminal Code (bail reform), also received Royal Assent by written declaration on December 5. For the first time since December 2019, a Royal Assent ceremony took place in the Senate Chamber on December 15, with Richard Wagner, Deputy of the Governor General, attending and assenting to the following bills in the presence of both houses of Parliament: Bill C-56, An Act to amend the Excise Tax Act and the Competition Act; Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms); and Bill C-60, An Act for granting to His Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2024.
Chamber, Procedure and Speaker’s Rulings
On October 3, a sessional order was adopted to extend the duration of Question Period with any minister of the Crown to 64 minutes, and to limit the time for questions and answers during any other Question Period.
On October 17, Senator Michèle Audette made a written declaration of private interest respecting Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms); Bill C-48, An Act to amend the Criminal Code (bail reform); Bill S-212, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation; and Bill S-232, An Act respecting the development of a national strategy for the decriminalization of illegal substances.
On October 19, Senator Mary Jane McCallum raised a question of privilege with respect to a government motion proposing that when the Senate sits on a Thursday, it stands adjourned at the later of 6 p.m. or the end of Government Business. She raised concerns that such a motion could limit the time for debate on non-government or other business. After debate, the Speaker reserved her decision.
On October 24, the Speaker pro tempore, Senator Pierrette Ringuette ruled that the question of privilege had been raised at the proper time, meeting the first criteria set out in rule 13-2(1) of the Rules of the Senate. She pointed out that, as noted in various rulings, “… the privileges and rights exercised by the Senate itself take precedence over those of individual senators” and that the rights and privileges of an individual senator can be restricted by decisions of the Senate as a whole. Consequently, the second and third criteria, which require that the question of privilege be directly related to the privileges of the Senate, a committee of the Senate, or a senator, and that a question of privilege be raised to correct a grave and serious breach of privilege, had not been met. Finally, the Speaker pro tempore ruled that the fourth criterion – that there must be no alternate parliamentary process reasonably available to pursuing a question of privilege – had also not been met, as all senators have the right to enter debate to voice concerns, move amendments, as well as vote against the motion if they so desire. She concluded that there was no case of privilege and debate on the motion could continue.
On November 7, Senator Scott Tannas made an oral declaration of private interest respecting Bill C-282, An Act to amend the Department of Foreign Affairs, Trade and Development Act (supply management).
On November 21, Senator Raymonde Saint-Germain raised a question of privilege concerning attempted intimidation of senators that occurred within the Senate Chamber and Senate of Canada Building on November 9. She argued that, following a motion to adjourn debate on a motion in amendment to Bill C-234, the ability of certain senators to perform their parliamentary duties without obstruction or intimidation was impeded and also raised concerns about online posts after the sitting. After debate on the matter and additional arguments that were heard on November 23, the Speaker reserved her decision.
In her December 5 ruling, the Speaker gave an account of the events that transpired on the day in question from the chair’s perspective. She noted how the Senate has evolved and urged senators to exercise caution when using social media and to consider the possible effects of what is posted. The Speaker reviewed the question of privilege in light of the four criteria set out in rule 13-2(1) and determined that they had all been met. Since the question of privilege had prima facie merits, Senator Saint-Germain was able to move a motion for a remedy. She moved that the case be referred to the Standing Committee on Ethics and Conflict of Interest for Senators. Debate began on the same day and concluded on December 7, when the motion was adopted.
A second question of privilege was raised on November 21 by Senator David M. Wells, regarding the conduct of a senator on November 9. He stated that while the Senate was suspended for a one-hour bell in anticipation of a vote on a motion to adjourn debate on Bill C-234, a senator had accused him of bullying. After an apology during consideration of the question of privilege, Senator Wells withdrew his question of privilege.
On December 11, the Senate adopted a motion extending the sitting day of December 13, beyond 4 p.m. In the motion, if Government Business was not completed by 4 p.m. then the House would continue until the earlier of the end of Government Business or midnight. The motion also authorized committees to meet for the purposes of considering government legislation, even though the Senate may be sitting; and providing that on December 11 and December 15, the Senate only deal with Government Business once the Orders of the Day were called.
On December 13, a time allocation motion was adopted, allowing six further hours of debate at most at third reading stage of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms).
Senator Donald Neil Plett raised a point of order on December 14 concerning correspondence relating to the participation of the Speaker of the House of Commons at an Ontario Liberal Party event. The point of order was withdrawn after further arguments were heard on December 15.
Committee of the Whole
On December 12, the Senate resolved into a Committee of the Whole to hear from Marie-Chantal Girard regarding her appointment as President of the Public Service Commission of Canada. Later that day, the Senate passed a motion approving her appointment.
The Senate once again resolved itself into a Committee of the Whole on December 13 to consider the subject matter of Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, with Chrystia Freeland, MP, Deputy Prime Minister and Minister of Finance, and François-Philippe Champagne, MP, and Minister of Innovation, Science and Industry, each accompanied by one official.
Committees
A motion authorizing joint committees to hold hybrid meetings until the end of the day on June 30, 2024, was adopted on October 17.
On October 24, the Standing Senate Committee on Legal and Constitutional Affairs presented its seventeenth report on Bill C-48, An Act to amend the Criminal Code (bail reform), with amendments and observations. The report was adopted on October 26.
Also on October 24, the Senate agreed with a message from the House of Commons to re-appoint the Special Joint Committee on Medical Assistance in Dying.
On October 26, two reports on bills were presented with amendments: the fifteenth report of the Standing Senate Committee on Indigenous Peoples on Bill C-29, An Act to provide for the establishment of a national council for reconciliation, which was subsequently adopted on October 31, and the twelfth report of the Standing Senate Committee on Agriculture and Forestry on Bill C-234, An Act to amend the Greenhouse Gas Pollution Pricing Act, which was defeated on November 7. The unamended bill was then placed on Orders of the Day for third reading.
The twelfth report of the Standing Senate Committee on Indigenous Peoples, entitled On the Outside Looking In: The Implementation of the Cannabis Act and its effects on Indigenous Peoples, and the twenty-sixth report of the Standing Senate Committee on Foreign Affairs and International Trade from the First Session of the Forty-second Parliament, entitled Cultural Diplomacy at the Front Stage of Canada’s Foreign Policy, were both adopted on October 26, and responses from the government were requested.
On November 2, the Standing Senate Committee on Human Rights deposited with the Clerk its sixth report, entitled Combatting Hate: Islamophobia and its impact on Muslims in Canada. On November 30 the report was adopted and a response from the government requested.
The 2023 report required under the Statutes Repeal Act was referred to the Standing Senate Committee on Legal and Constitutional Affairs on November 8. The committee reported back on the matter in its eighteenth report on November 30. A resolution to save certain provisions of laws from automatic repeal was adopted on December 12.
The first report of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Consideration of an Inquiry Report from the Senate Ethics Officer, was presented on November 21. With leave, it was ordered that the report appear in the Orders of the Day for subsequent sittings. On November 30 the report was adopted, on division, and the Senate thereby censured Senator Michael L. MacDonald in relation to the matters outlined in the report.
On November 30, the fourteenth report of the Standing Senate Committee on Indigenous Peoples, entitled Honouring the Children Who Never Came Home: Truth, Education and Reconciliation, was adopted and a government response requested. That same day, the committee’s sixteenth report, entitled Voices of Youth Indigenous Leaders 2023: Celebrating Leadership in Indigenous Education, was also adopted.
On December 5, the Standing Senate Committee on Banking, Trade and the Economy presented its tenth report on Bill S-1001, An Act to amalgamate The Roman Catholic Episcopal Corporation of Ottawa and The Roman Catholic Episcopal Corporation for the Diocese of Alexandria- Cornwall, in Ontario, Canada, with amendments. The report was adopted on December 7.
On December 11, the Standing Senate Committee on Social Affairs, Science and Technology presented its eighteenth report on Bill S-244, An Act to amend the Department of Employment and Social Development Act and the Employment Insurance Act (Employment Insurance Council), with an amendment. At the time of writing, the report had not been adopted. The same day, the Standing Senate Committee on Human Rights deposited with the Clerk its seventh report entitled Anti-Black Racism, Sexism and Systemic Discrimination in the Canadian Human Rights Commission. The report was adopted, and a government response requested on December 15.
On December 12, two bills were presented with amendments: the twenty-second report of the Standing Senate Committee on Legal and Constitutional Affairs on Bill S-231, An Act to amend the Criminal Code, the Criminal Records Act, the National Defence Act and the DNA Identification Act, which has not yet been adopted, and the sixth report of the Standing Senate Committee on Energy, the Environment and Natural Resources on Bill S-14, An Act to amend the Canada National Parks Act, the Canada National Marine Conservation Areas Act, the Rouge National Urban Park Act and the National Parks of Canada Fishing Regulations, which was adopted the following day.
Also on December 12, the Standing Senate Committee on National Finance was authorized to examine the subject matter of Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, and to submit its final report to the Senate no later than Routine Proceedings on December 14. The committee tabled its findings in its fifteenth report on December 13.
On December 14, the fifteenth report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled Doing What Works: Rethinking the Federal Framework for Suicide Prevention, was adopted and a response from the government requested.
Senators
Senator Ian Shugart died on October 25. Senator Shugart was appointed to the Senate on September 26, 2022, on the advice of Prime Minister Justin Trudeau. He represented the province of Ontario and was from Ottawa. Prior to his appointment, Senator Shugart held many senior roles within the Public Service of Canada, including as the 24th Clerk of the Privy Council and secretary to the Cabinet from 2019 to 2021. At the start of the sitting, the Speaker announced his passing, there was a minute of silence, and the Senate then adjourned as a sign of respect.
On October 31, Joan Kingston, John McNair, Krista Ross, Réjean Aucoin and Rodger Cuzner were appointed to the Senate.
Senator Cuzner was appointed to represent the province of Nova Scotia. He is a former Member of Parliament, having been first elected to the House of Commons in 2000 and who represented Nova Scotia for 19 years. He also served as Consul General of Canada in Boston from 2020 to 2023. Senator Cuzner was introduced and took his seat on November 7.
Senator Kingston, who was appointed to represent New Brunswick, is a registered nurse and a former member of the Legislative Assembly of New Brunswick. Senator Kingston was introduced and took her seat on November 21.
Senator McNair will represent New Brunswick in the Senate. He is a lawyer who has served on the boards of several non-profits and charitable organizations in the province. Prior to his appointment, he was General Counsel and Corporate Secretary to Service New Brunswick and its predecessor corporation. Senator McNair was introduced and took his seat on November 21.
Senator Ross, who was also appointed to represent New Brunswick, is an established business and community leader who worked with the Fredericton Chamber of Commerce for 20 years and served as a board member for several local and provincial non- profits. Senator Ross was introduced and took her seat on November 21.
Senator Aucoin was appointed to represent the province of Nova Scotia. Senator Aucoin has been a lawyer for over 30 years as well as the founder and past president of the Association des juristes d’expression française de la Nouvelle-Écosse. Senator Aucoin was introduced and took his seat on November 21.
On December 20, Marnie McBean, Paulette Senior and Toni Varone were appointed. At the time of this writing, they had not yet been introduced and taken their seats in the Senate. Further information about these new senators will be included in the next summary.
Senator Dennis Patterson retired from the Senate on December 31. He was appointed on August 29, 2009, on the advice of Prime Minister Stephen Harper, and represented the territory of Nunavut. Prior to joining the Senate, he was a member of the Legislative Assembly in the Northwest Territories for 16 years, serving as Minister of Education, Minister of Health and Social Services and Minister of Justice, before being chosen as the territory’s fifth premier. He was an active member of several committees during his tenure as a senator, including the Standing Senate Committee on Fisheries and Oceans, the Standing Committee on Ethics and Conflict of Interest for Senators, the Standing Senate Committee on Energy, the Environment and Natural Resources, as well as serving as chair of the Standing Senate Committee on Indigenous Peoples and the Special Committee on the Arctic.
Katy Quinn
Procedural Clerk