37th Parliament, 1st Session

No. 101

No 101

Votes and Proceedings

Procès-verbaux

Legislative Assembly
of Ontario

Assemblée législative
de l'Ontario

Tuesday
November 14, 2000


Daytime Meeting - Sessional Day 154
Evening Meeting - Sessional Day 155

Mardi
14 novembre 2000


Séance de l'après-midi - jour de session 154
Séance du soir - jour de session 155

1st Session,
37th Parliament

1re session
37e législature

Prayers
1:30 P.M.

Prières
13 H 30

The Speaker delivered the following ruling:-

On Wednesday, November 1, the House Leader of the Official Opposition (Mr. Duncan) rose on a point of order to question the orderliness of Government Notice of Motion Number 70, a time allocation motion on Bill 69, An Act to amend the Labour Relations Act, 1995 in relation to the construction industry, which had been filed by the Government on that day.

The Member contended that the motion should be found to be out of order since it provides for Bill 69 to be recommitted to standing committee for clause-by-clause review, for the purpose, in his view, of "chang(ing) the substance of the bill...and in effect introduc(ing) a new bill, a completely different bill, with no opportunity to debate."

The House Leader for the Third Party (Mr. Christopherson) also made submissions that were thematically similar to those of the Opposition House Leader, wherein he asserted that the Government's intention in time-allocating Bill 69 and recommitting it for clause-by-clause is to amend the Bill so extensively that it would emerge from committee as a substantially new proposition, one that had not had sufficient debate. If this were to be allowed, the Member contended, then by using this procedural mechanism the Government would, in effect, vicariously be able to substitute previous debate on the Bill in place of required debate on this new alternative proposal.

The Official Opposition House Leader also expressed concern with the provision in the motion that states "in the event that the committee fails to report the bill on the date provided, the bill shall be deemed to have been passed by the committee and shall be deemed to be reported and received by the House."

Let me address these two concerns in reverse order by stating, firstly, that all Members will know that time allocation motions are nothing new to this House. They have been used with some regularity for well over a decade. Such motions are clearly permitted in our Standing Orders. The provision in the motion in question that deems the Bill to be passed by the committee if it is not reported by a specified date is not a novel provision. Identical clauses have appeared in numerous previous time allocation motions as far back as 1989.

On the issue of the Members' arguments about what Bill 69 might look like when it is returned from committee compared to its current form, I can only say that this a very speculative concern and really has nothing to do with the orderliness of the motion sitting on notice to time-allocate the Bill. The scenario raised by the two Opposition House Leaders is hypothetical and therefore beyond the competence of the Speaker to render judgment. Additionally, the orderliness of any amendments to the Bill in committee will be determined at that time by the committee Chair.

I find the time allocation motion itself, Government Notice of Motion Number 70, to be in order.

Reports by Committees

Rapports des Comités

Mr. Beaubien from the Standing Committee on Finance and Economic Affairs presented the Committee's Report which was read as follows and adopted:-

M. Beaubien du Comité permanent des finances et des affaires économiques présente le rapport du comité qui est lu comme suit et adopté:-

Your Committee begs to report the following Bill without amendment:-

Votre comité propose qu'il soit permis de faire rapport sur le projet de loi suivant sans amendement:-

Bill 124, An Act to amend the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act in respect of penalties.

Projet de loi 124, Loi modifiant la Loi sur la protection de l'environnement, la Loi sur les ressources en eau de l'Ontario et la Loi sur les pesticides en ce qui concerne des peines ayant trait à l'environnement.

Pursuant to the Order of the House of October 24, 2000, the Bill was Ordered for Third Reading.

Conformément à l'ordre adopté par l'Assemblée le 24 octobre 2000, ce projet de loi est ordonné pour la troisième lecture.

Motions

Motions

On motion by Mr. Klees,

Sur la motion de M. Klees,

Ordered, That, pursuant to Standing Order 9(c)(i), the House shall meet from 6:45 p.m. to 9:30 p.m. on Tuesday, November 14, and Wednesday, November 15, 2000, for the purpose of considering government business.

Petitions

Pétitions

Petitions relating to the Northern Health Travel Grant program / Programme de subventions accordées aux résidents du nord de l'Ontario (Sessional Paper No. P-1) Mr. Bartolucci, Mr. Brown, Ms. Martel and Mrs. McLeod.

Petition relating to Requesting an additional 34 long-term care beds in Espanola (Sessional Paper No. P-144) Mr. Brown.

Petition relating to Vintage Automobiles (Sessional Paper No. P-152) Mr. O'Toole.

Petition relating to School buses under the Highway Traffic Act (Sessional Paper No. P-170) Mr. Hoy.

Petition relating to the Passage of Bill 138 (Sessional Paper No. P-171) Ms. Martel.

Petition relating to Restoring full indexation on an annual basis to the Workplace Safety and Insurance Act of Ontario (Sessional Paper No. P-172) Mr. Ruprecht.

Orders of the Day

Ordre du Jour

Mr. Stockwell moved,

M. Stockwell propose,

That pursuant to Standing Order 46 and notwithstanding any other Standing Order or the Order of the House dated May 30, 2000 relating to Bill 69, An Act to amend the Labour Relations Act, 1995 in relation to the construction industry, the Order for third reading be discharged and that the bill be recommitted to the Standing Committee on Justice and Social Policy;

That, pursuant to Standing Order 75(c), the Chair of the Standing Committee on Justice and Social Policy shall establish a deadline for the filing of amendments with the Clerk of the Committee; and

That the Standing Committee on Justice and Social Policy shall be authorized to meet November 16, 2000 for clause-by-clause consideration of the bill; and

That the Committee be authorized to meet beyond its normal hour of adjournment on that day until completion of clause-by-clause consideration; and

That, at 4:30 p.m. on the day designated for clause-by-clause consideration of the bill, those amendments which have not been moved shall be deemed to have been moved, and the Chair of the Committee shall interrupt the proceedings and shall, without further debate or amendment, put every question necessary to dispose of all remaining sections of the bill, and any amendments thereto. Any division required shall be deferred until all remaining questions have been put and taken in succession with one 20-minute waiting period allowed pursuant to Standing Order 127(a); and

That the Committee shall report the bill to the House not later than the first Sessional day that reports from Committees may be received following the completion of clause-by-clause consideration, and not later than November 20, 2000. In the event that the committee fails to report the bill on the date provided, the bill shall be deemed to have been passed by the Committee and shall be deemed to be reported to and received by the House;

That upon receiving the report of the Standing Committee on Justice and Social Policy, the Speaker shall put the question for adoption of the report forthwith, and at such time the bill shall be ordered for third reading;

That, when the Order for Third Reading is called, one Sessional day shall be allotted to the third reading stage of the bill, at the end of which time the Speaker shall interrupt the proceedings and shall put every question necessary to dispose of this stage of the bill without further debate or amendment;

That, the vote on third reading may, pursuant to Standing Order 28(h), be deferred until the next Sessional day during the Routine Proceeding "Deferred Votes"; and

That, in the case of any division relating to any proceedings on the bill, the division bell shall be limited to five minutes.

A debate arising, after some time, the motion was carried on the following division:-

Un débat s'ensuit et après quelque temps, la motion est adoptée par le vote suivant:-

AYES / POUR - 44

Arnott

Guzzo

O'Toole

Baird

Hardeman

Ouellette

Barrett

Hodgson

Runciman

Beaubien

Hudak

Snobelen

Chudleigh

Jackson

Spina

Clark

Johns

Sterling

Coburn

Johnson

Stewart

Cunningham

Kells

Stockwell

DeFaria

Klees

Tascona

Dunlop

Martiniuk

Tilson

Ecker

Maves

Wettlaufer

Eves

Mazzilli

Witmer

Galt

Molinari

Wood

Gilchrist

Munro

Young

Gill

Newman

NAYS / CONTRE - 30

Agostino

Crozier

Kwinter

Bartolucci

Curling

Lalonde

Bountrogianni

Di Cocco

Lankin

Boyer

Dombrowsky

Marchese

Bradley

Duncan

Martel

Bryant

Gerretsen

McLeod

Christopherson

Gravelle

Patten

Churley

Hampton

Peters

Conway

Hoy

Ramsay

Cordiano

Kormos

Ruprecht

The House then adjourned at 6:00 p.m.

À 18 h, la chambre a ensuite ajourné ses travaux.

6:45 P.M.

18 H 45

Orders of the Day

Ordre du Jour

A debate arose on the motion for Second Reading of Bill 139, An Act to amend the Labour Relations Act.

Il s'élève un débat sur la motion portant deuxième lecture du projet de loi 139, Loi modifiant la Loi sur les relations de travail.

After some time, pursuant to Standing Order 9(a), the motion for adjournment of the debate was deemed to have been made and carried.

Après quelque temps, conformément à l'article 9(a) du Règlement, la motion d'ajournement du débat est réputée avoir été proposée et adoptée.

The House then adjourned at 9:30 p.m.

À 21 h 30, la chambre a ensuite ajourné ses travaux.

le président

GARY CARR

Speaker

Sessional Papers Presented Pursuant to Standing Order 39(A):-

Documents Parlementaires Déposés Conformément à l'Article 39(A) du Règlement

Part-time appointments re intended Order-in-Council dated November 1, 2000 (No. 207) (Tabled November 3, 2000).

Responses To Petitions tabled November 3, 2000

Petition relating to Restructuring of Developmental Services and services to the developmentally disabled (Sessional Paper No. P-42):

(Tabled September 25, 28 and October 1, 2000) Mr. O'Toole.

Petition relating to More Doctors and Proper Health Care in Brant County. (Sessional Paper No. P-135):

(Tabled September 25, 2000) Mr. Levac.

Answers to Questions Tabled November 7, 2000

Final Answer to Question Number: 32.

Responses To Petitions tabled November 7, 2000

Petitions relating to Compensating family members who develop occupational illness due to workplace toxins brought home inadvertently (Sessional Paper No. P-34):

(Tabled October 3, 4, 16, 24, 2000) Mr. Christopherson.

Petitions relating to the Government of Ontario ensuring that Karla Homolka serves her full sentence in prison (Sessional Paper No. P-38):

(Tabled October 19, 2000) Mr. Barrett.

(Tabled October 2, 2000) Mr. Gill.

(Tabled October 11, 2000) Mr. O'Toole.

Petitions relating to Maintaining the Lord's Prayer in the Parliament of Ontario (Sessional Paper No.
P-76):

(Tabled October 18, 19, 2000) Mr. Barrett.

(Tabled October 18, 2000) Mr. Beaubien.

(Tabled October 10, 2000) Mr. Dunlop.

Petitions relating to Banning hunting in Wilderness Provincial Parks (Sessional Paper No. P-82):

(Tabled October 2, 16, 23, 2000) Mr. Gravelle.

Petitions relating to Enacting Bill 96, The Safe Drinking Water Act, 2000 (Sessional Paper No. P-129):

(Tabled September 25, 26, 2000) Ms. Churley.

Petitions relating to Eradicating hunger of poor children (Sessional Paper No. P-132):

(Tabled September 25, 28, 2000) Mr. Christopherson.

Petition relating to Meaningful and flexible funding to the Toronto School Board (Sessional Paper No. P-136):

(Tabled October 5, 2000) Mr. Caplan.

Petitions relating to Bill 101, An Act to promote snowmobile trail sustainability and enhance safety and enforcement (Sessional Paper No. P-138):

(Tabled October 17, 2000) Mr. Bartolucci.

(Tabled September 26, 2000) Mr. Christopherson.

(Tabled October 5, 2000) Ms. Martel.

Petition relating to the Carmen Road overpass in the community of South Dundas (Sessional Paper No. P-145):

(October 3, 2000) Mr. Cleary.

Petitions relating to Re-instating photo radar (Sessional Paper No. P-146):

(October 3, 12, 2000) Mr. Peters.

Petition relating to Developing pull-off laneways for school buses along Highway11/17 between Thunder Bay and Nipigon (Sessional Paper No. P-148).

(October 4, 2000) Mr. Gravelle.