Votes and Proceedings 2001-Nov-06 | Legislative Assembly of Ontario



No. 63	N^o 63

Votes and Proceedings	Procès-verbaux
Legislative Assembly of Ontario	Assemblée législative de l'Ontario
Tuesday November 6, 2001 Daytime Meeting - Sessional Day 95 Evening Meeting - Sessional Day 96	Mardi 6 novembre 2001 Séance de l'après-midi - jour de session 95 Séance du soir - jour de session 96
2nd Session, 37th Parliament	2^e session 37^e législature


PRAYERS 1:30 P.M.	PRIÈRES 13 H 30
REPORTS BY COMMITTEES	RAPPORTS DES COMITÉS
Mr. Barrett from the Standing Committee on Justice and Social Policy presented the Committee's Report which was read as follows and adopted:-	M. Barrett du Comité permanent de la justice et des affaires sociales présente le rapport du comité qui est lu comme suit et adopté:-
Your Committee begs to report the following Bill as amended:-	Votre comité propose qu'il soit permis de faire rapport sur le projet de loi suivant avec des amendements:-
Bill 101, An Act to protect students from sexual abuse and to otherwise provide for the protection of students. Ordered for Third Reading.	Projet de loi 101, Loi visant à protéger les élèves contre les mauvais traitements d'ordre sexuel et à prévoir autrement leur protection. Ordonné pour la troisième lecture.

INTRODUCTION OF BILLS	DÉPÔT DES PROJETS DE LOI
The following Bill was introduced, read the first time and referred to the Standing Committee on Regulations and Private Bills:-	Le projet de loi suivant est présenté, lu une première fois et déféré au Comité permanent des règlements et des projets de loi d'intérêt privé:-
Bill Pr3, An Act to revive 1268519 Ontario Inc. Mr. Gill.
The following Bill was introduced and read the first time:-	Le projet de loi suivant est présenté et lu une première fois:-
Bill 126, An Act to amend the Highway Traffic Act with respect to photo-radar. Mr. Hoy.	Projet de loi 126, Loi modifiant le Code de la route à l'égard du radar photographique. M. Hoy.
Mr. Flaherty moved, That leave be given to introduce a Bill entitled An Act to implement measures contained in the Budget and to implement other initiatives of the Government, and that it be now read the first time.	M. Flaherty propose qu'il soit permis de déposer un projet de loi intitulé Loi mettant en oeuvre certaines mesures énoncées dans le budget de 2001 ainsi que d'autres initiatives du gouvernement, et que ce texte soit maintenant lu une première fois.
On a point of order being raised, the Speaker recessed the House for 15 minutes.
Upon his return, the Speaker delivered the following ruling:- I have had an opportunity to review the documents presented and have quickly reviewed various precedents. The first question to be decided is the orderliness of the bill introduced by the Minister of Finance. The bill is in proper form. It is accompanied by the required compendium and a consolidation of Acts. Whether or not it contains measures as provided in the Budget as presented in May, or not, has no bearing on the orderliness of the bill, and this is substantiated by precedent. For example, in November 1990, the Retail Sales Tax Amendment Act was introduced in the House. In December 2000, a bill similar to this one, An Act to implement the 2000 budget to establish a made-in-Ontario tax system and to amend various acts, was also introduced. The point is that these bills were subject to all of the rules that any other bills are subject to. There is an opportunity to debate at second and third reading and, if the House chooses, it may send it to Committee for hearings and debate.
As to the subsidiary issue of whether the statement we are expecting later today is really a budget, and therefore requires a budget lockup and extended debate, I can only say that a budget lockup is an external apparatus which precedes what occurs in this House. There is no procedural requirement for it. That is not controlled by the Speaker, however, let me say very clearly, it is a strongly held custom that is deeply seated in our traditions and hopefully that will continue. As for compelling an extended debate, let me say this: a budget debate is preceded by a budget motion. It is that question - a budget motion - which is subject to debate. We have no such question before us here today. What we do have before us today is a ministerial statement restricted to 20 minutes, followed by five-minute responses from the opposition. I can find nothing out of order. However, let me say this: what has happened today is that the trappings and proceedings have been escalated to make it appear, in some circumstances, to some people, that this would be a budget, and when you put on a "show" like that, it is very easy for people to assume that it is a budget. In the future, hopefully the Minister of Finance will take that into consideration. I again find that there is nothing out of order.
The question then having been put on the motion by Mr. Flaherty, Bill 127, An Act to implement measures contained in the Budget and to implement other initiatives of the Government, was introduced and read the first time on the following division:-	La motion de M. Flaherty mise aux voix, le projet de loi 127, Loi mettant en oeuvre certaines mesures énoncées dans le budget de 2001 ainsi que d'autres initiatives du gouvernement, est ensuite présenté et lu une première fois à la suite du vote suivant:-

AYES / POUR - 50

Arnott

Baird

Barrett

Beaubien

Chudleigh

Clark

Coburn

Cunningham

DeFaria

Dunlop

Ecker

Flaherty

Galt

Gilchrist

Gill

Guzzo

Hardeman

Harris

Hodgson

Hudak

Jackson

Johns

Johnson

Klees

Marland

Martiniuk

Maves

Mazzilli

Miller

Munro

Murdoch

Mushinski

Newman

O'Toole

Ouellette

Runciman

Sampson

Snobelen

Spina

Sterling

Stewart

Stockwell

Tascona

Tilson

Turnbull

Wettlaufer

Wilson

Witmer

Wood

Young

NAYS / CONTRE - 40

Agostino

Bartolucci

Bountrogianni

Boyer

Bradley

Brown

Christopherson

Churley

Colle

Conway

Cordiano

Crozier

Di Cocco

Dombrowsky

Duncan

Gravelle

Hampton

Hoy

Kennedy

Kormos

Kwinter

Lalonde

Levac

Marchese

Martel

Martin

McGuinty

McLeod

McMeekin

Parsons

Patten

Peters

Phillips

Prue

Pupatello

Ramsay

Ruprecht

Sergio

Smitherman

Sorbara



During "Statements by the Ministry and Responses", the Speaker named the Member for London--Fanshawe (Mr. Mazzilli) and directed him to withdraw from the service of the House for the balance of the sessional day.

At 4:00 p.m., pursuant to Standing Order 30(b), the Speaker interrupted the proceedings and called Orders of the Day.	À 16 heures, conformément à l'article 30(b) du Règlement, le Président interrompt les délibérations et passe à l'ordre du jour.

ORDERS OF THE DAY		ORDRE DU JOUR
Mr. Hodgson moved,		M. Hodgson propose,
That, pursuant to Standing Order 46 and notwithstanding any other Standing Order or Special Order of the House relating to Bill 111, An Act to revise the Municipal Act and to amend or repeal other Acts in relation to municipalities, when Bill 111 is next called as a government Order, the Speaker shall put every question necessary to dispose of the second reading stage of the bill without further debate or amendment, and at such time, the bill shall be ordered referred to the Standing Committee on General Government; and That, no deferral of the second reading vote pursuant to Standing Order 28(h) shall be permitted; and That, the Committee shall be authorized to meet on Tuesday, November 13, 2001 in Windsor, on the morning of Monday, November 19, 2001 in Hamilton, on the morning and afternoon of Wednesday, November 21, 2001 in Toronto, and on Friday, November 23, 2001 in Ottawa, for the purpose of conducting public hearings. That, the Committee meet on Wednesday, November 28, 2001, for clause-by-clause consideration of the bill. That, on these dates, the Standing Committee on General Government shall be authorized to meet outside of its regularly scheduled meeting times, but when meeting in Toronto, not during Routine Proceedings, and that the Committee be authorized to meet on November 28, 2001 until completion of clause-by-clause consideration.
That, pursuant to Standing Order 75(c), the Chair of the Standing Committee shall establish the deadline for the tabling of amendments or for filing them with the Clerk of the Committee; That, at 4:00 p.m. on Wednesday, November 28, 2001, 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 29, 2001. 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; and That, upon receiving the report of the Standing Committee on General Government, the Speaker shall put the question for adoption of the report forthwith, and at such time the bill shall be ordered for third reading; and When the Order for Third Reading is called, that ninety minutes of debate shall be allotted to the Third Reading stage of the bill, to be divided equally among all recognized parties, and at the end of that 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; and 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 - 48