Citizens Assembly Project Act, 1995
EXPLANATORY NOTE
The Bill establishes a pilot project whereby certain public policy issues defined by the Lieutenant Governor in Council would be examined by citizens assemblies established under the Bill with a view to preparing legislation for consideration by the Legislative Assembly in accordance with the expedited procedures set out in the Bill.
Bill 1995
An Act to provide for the establishment
of Citizens Assemblies and the expedited consideration
by the Legislative Assembly of Legislation prepared
by Citizens Assemblies
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Purpose
1. The purpose of this Act is to provide for the establishment and conduct of a pilot project related to the creation of citizens assemblies to examine public policy issues and to prepare legislation dealing with those issues for consideration by the Legislative Assembly in accordance with expedited procedures.
Lieutenant Governor in Council initiative
2. The Lieutenant Governor in Council may at any time decide that an issue of public policy shall be treated in accordance with this Act.
Citizens Assembly Project and Membership
Citizens assembly project
3. (1) At the request and with the advice of the Lieutenant Governor in Council, the Attorney General shall establish a citizens assembly project for the purpose of examining a public policy issue and preparing legislation dealing with it.
Contents of project
(2) The citizens assembly project shall contain,
(a) a definition of the issue to be examined;
(b) a proposal of membership, being a list of the names of persons or bodies who have agreed in principle to take part in the project;
(c) a statement of the resources available to it; and
(d) the date by which the legislation to be drafted is to be submitted to the Clerk of the Legislative Assembly.
Establishment of proposal of membership
(3) The Attorney General shall ensure that the proposal of membership referred to in clause (2) (b) includes the names of,
(a) individual members of the public in their personal capacities;
(b) individuals who have, or who represent bodies that have, particular knowledge of or expertise in the issue; and
(c) individuals and representatives of bodies who are interested parties in that they stand to gain some advantage or suffer some disadvantage if the issue becomes the subject of legislation.
Examination of proposal of membership
4. (1) The Attorney General shall submit the citizens assembly project to the Chief Justice of Ontario.
Panel of justices
(2) The Chief Justice shall, within four weeks after receiving the project, convene a panel of three justices of the Ontario Court of Appeal for the sole purpose of determining the members of the citizens assembly.
Panel to hold hearings
(3) The panel shall hold public hearings with respect to membership on the citizens assembly and, to that end, shall consider submissions from the public who may nominate individuals or representatives of bodies for the panel's consideration.
Rules for conduct of public hearings
(4) The panel may establish its own rules for the conduct of the public hearings, but the hearings shall not last longer than five days.
Presence of Attorney General
(5) The Attorney General or his or her delegate shall appear at the public hearings to explain the proposal of membership.
Panel's decision
(6) The panel shall determine the members from the names contained in the proposal of membership and those put forward at the public hearings.
Panel's decision final
(7) The panel's decision on the members is final and not subject to review or appeal.
Submission of members' names
(8) The panel shall submit the names of the members of the citizens assembly to the Attorney General within 30 days of the conclusion of the public hearings.
Notice
(9) The Attorney General shall publish the names of the members in The Ontario Gazette within 20 days of receiving them.
Number of members
5. (1) A citizens assembly shall have at least 25 and at most 75 members.
Manner of determining members
(2) In determining the members, the panel may combine, add or delete names contained in the proposal of membership or put forward at the public hearings.
Conduct of the assembly project
6. (1) The members of the citizens assembly shall establish their own rules, procedures and practices for carrying out the citizens assembly project.
Extension of time
(2) Although the members must make all reasonable efforts to complete the project within the period specified, the members may request an extension of time from the Attorney General if at least 75 per cent of the members support such a request.
Attorney General to seek advice
7. (1) Before making a decision on a request for an extension of time, the Attorney General shall seek the advice of the Lieutenant Governor in Council and the leaders of political parties in the Legislative Assembly that have a recognized membership of 12 persons.
Decision final
(2) The Attorney General's decision on a request for an extension of time is final.
Citizens Assembly Bill: Legislative Process
Legislation
8. (1) The members of the citizens assembly shall prepare legislation on the issue defined in the project.
Submission of legislation
(2) The members shall, before the date indicated in the project or in any extension, submit to the Clerk of the Legislative Assembly,
(a) a bill dealing with the issue set out in the project; and
(b) a citizens assembly project report outlining the process used by the members in carrying out their work, describing the work accomplished, the conclusions reached and the recommendations embodied in the bill.
Bill to be printed
(3) On receiving the bill, the Clerk of the Legislative Assembly shall have it printed.
No bill
(4) If, despite subsection (1), the members are unable or unwilling to prepare a bill for any reason, they are still required to submit the citizens assembly project report, including their recommendations, to the Legislative Assembly.
Procedure
9. (1) Where the provisions of this section and sections 10 and 11 conflict with any other rule, order or practice, the former prevail, but otherwise the rules, orders and practices of the Legislative Assembly continue to apply.
Deemed readings and referral
(2) On being printed, the bill shall be deemed to have received first and second reading and to have been referred to the Committee of the Whole House.
Consideration by Committee of the Whole House
(3) The Legislative Assembly shall begin consideration of the bill in Committee of the Whole House within 30 sitting days of its being printed.
Prorogation or dissolution of Assembly
(4) If the Legislative Assembly is prorogued or dissolved before the bill is finally disposed of, it shall be deemed to have received first and second reading on the first day of the next session or of the new Parliament and shall be taken up and considered in accordance with this Act.
Debate
10. (1) During the 20 sitting days following the day on which the Committee of the Whole House begins to consider the bill, there shall be a maximum of 15 hours of debate on the bill, at the end of which the question shall be put, unless the time for debate is extended by agreement of the leaders of political parties in the Legislative Assembly that have a recognized membership of 12 persons.
Extension of debate
(2) If the time for debate is extended by agreement, the further debate shall not exceed 10 hours.
Votes, free vote
11. (1) All votes on the bill shall be free votes.
Confidence
(2) No motion of want of confidence in the government shall be made in respect of the bill.
Amendments
(3) The bill shall not be amended in Committee of the Whole House unless two-thirds of the members entitled to sit in the Legislative Assembly vote in favour of the amendment.
Defeat
(4) The bill shall not be defeated in Committee of the Whole House unless two-thirds of the members entitled to sit in the Legislative Assembly vote against it.
Deemed third reading
(5) If the Committee of the Whole House votes in favour of it, the bill shall be deemed to have been reported to the Legislative Assembly by the Committee and to have received third reading.
Royal Assent
(6) The bill shall be forwarded to the Lieutenant Governor for signature immediately after it is deemed to have received third reading.
Proclamation
(7) If a bill is to come into force on proclamation and it has not been proclaimed within 180 days of the day on which it receives Royal Assent, then it shall be deemed proclaimed on the day that is the first day of a month that is closest to the 180th day after Royal Assent.
Amendment and repeal
(8) A bill adopted in accordance with the procedure set out in this Act may be amended or repealed by the Legislative Assembly in the normal way at any time.
Repeal
12. (1) This Act is repealed on the anniversary of the sixth year after it receives Royal Assent.
Transitional
(2) A citizens assembly project that begins before the repeal of this Act shall be completed as if this Act had not been repealed.
Commencement
13. This Act comes into force on the day it receives Royal Assent.
Short title
14. The short title of this Act is the Citizens Assembly Project Act, 1995.