Legislative Assembly of Ontario

No. 2

No 2

Votes and Proceedings

Procès-verbaux

Legislative Assembly
of Ontario

Assemblée législative
de l’Ontario

Wednesday

February 20, 2013

Mercredi

20 février 2013

2nd Session,
40th Parliament

2e session
40e législature

PRAYERS

PRIÈRES

9:00 A.M.

9 H

The Speaker delivered the following ruling:-

Le Président a rendu la décision suivante :-

On September 13, 2012, in response to a point of privilege raised by the Member for Cambridge on August 27, 1 ruled that a prima facie case of privilege had been established. On October 2, the House adopted a motion to refer this matter to the Standing Committee on Finance and Economic Affairs. The Session was then prorogued on October 15, before the Committee had even its first meeting to consider this issue.

Careful research has revealed that this circumstance of a privilege matter in one of our committees being interrupted by a prorogation has not occurred in the Ontario Legislature. Moreover, it is a strikingly rare occurrence in the senior parliaments of the Commonwealth. However, a similar instance was found to have occurred in the Canadian House of Commons in 2004. Speaker Milliken decided that a matter of privilege that had already been ruled on and referred by the House to a committee, but left unfinished because of an intervening prorogation, could be renewed in the new Session.

Speaker Milliken found that the committee was entitled to conduct its review of the matter and make its report to the House. He confirmed his previous ruling and that a bona fide case of privilege existed, and he permitted the member who initially raised the matter to move his same motion to refer the matter to committee again.

Similarly, in the matter raised by the Member for Cambridge, it is true that the October 15, 2012 prorogation terminated all business of the Standing Committee on Finance and Economic Affairs, including the referral of the matter of my September 13, 2012 ruling. In that ruling, a prima facie case of privilege had been established and, as Speaker Milliken found, a prorogation does not nullify such a finding.

I therefore re-confirm my ruling of September 13, 2012 and invite the Member for Cambridge to renew his motion to refer this matter to committee.

Mr. Leone moved,

M. Leone propose,

That this House directs the Minister of Energy and the Ontario Power Authority to immediately table with the Clerk of the House all remaining documents related to the Oakville and Mississauga Gas Plants ordered by the Standing Committee on Estimates on May 16, 2012; and

That the matter of the Speaker's finding of a prima facie case of privilege, with respect to the production of documents by the Minister of Energy and the Ontario Power Authority to the Standing Committee on Estimates, be referred to the Standing Committee on Justice Policy, which is hereby re-constituted as it existed on September 9, 2012; and

That the Committee shall be authorized to meet at the call of the Chair, concurrently with the House or when the House stands adjourned, to meet notwithstanding prorogation of the House; and

That the Committee shall report back to the House its findings and recommendations within 90 calendar days, and, if the House is not sitting, release with the Clerk of the House its report, except, that if the committee determines that more time is required, it shall issue an interim report at the 90 day mark and then take such reasonable time as it considers necessary to complete its final report.

Debate arose and after some time,

Il s’élève un débat et après quelque temps,

Mr. Milloy moved,

M. Milloy propose,

That the motion be amended to add the following paragraph after the second paragraph of the motion:

“That, in exercising its authority throughout the Committee proceedings, the Committee shall adhere to the minimum standards of procedural fairness and the principles of fundamental justice as required by the Charter of Rights and Freedoms.”

Debate resumed and after some time, the amendment carried.

Mr. Leone’s motion, as amended, carried.

And it was,

Ordered, That this House directs the Minister of Energy and the Ontario Power Authority to immediately table with the Clerk of the House all remaining documents related to the Oakville and Mississauga Gas Plants ordered by the Standing Committee on Estimates on May 16, 2012; and

That the matter of the Speaker's finding of a prima facie case of privilege, with respect to the production of documents by the Minister of Energy and the Ontario Power Authority to the Standing Committee on Estimates, be referred to the Standing Committee on Justice Policy, which is hereby re-constituted as it existed on September 9, 2012; and

That, in exercising its authority throughout the Committee proceedings, the Committee shall adhere to the minimum standards of procedural fairness and the principles of fundamental justice as required by the Charter of Rights and Freedoms; and

That the Committee shall be authorized to meet at the call of the Chair, concurrently with the House or when the House stands adjourned, to meet notwithstanding prorogation of the House; and

That the Committee shall report back to the House its findings and recommendations within 90 calendar days, and, if the House is not sitting, release with the Clerk of the House its report, except, that if the committee determines that more time is required, it shall issue an interim report at the 90 day mark and then take such reasonable time as it considers necessary to complete its final report.

ORDERS OF THE DAY

ORDRE DU JOUR

The Order of the Day for the Consideration of the Speech of His Honour the Lieutenant Governor at the opening of the Session having been read,

À l'appel de l'ordre du jour de passer à l'étude du discours prononcé par Son Honneur le lieutenant-gouverneur à l'ouverture de la session,

Ms. Wong moved, seconded by Mr. McNeely,

Mme Wong propose, appuyé par M. McNeely,

That an humble Address be presented to His Honour the Lieutenant Governor as follows:-

“To the Honourable David C. Onley, Lieutenant-Governor of Ontario:

We, Her Majesty’s most dutiful and loyal subjects, the Legislative Assembly of the Province of Ontario, now assembled, beg leave to thank Your Honour for the gracious speech Your Honour has been pleased to address to us at the opening of the present Session.”

Debate arose and after some time the House recessed at 10:15 a.m.

Il s’élève un débat et après quelque temps, à 10 h 15, l’Assemblée a suspendu la séance.

10:30 A.M.

10 H 30

The Speaker addressed the House:-

Le Président s'adresse à l'Assemblée :-

During the recess, vacancies have occurred in the membership of the House by reason of the resignation of Christopher Bentley as the member of the electoral district of London West (Sessional Paper No. 92ii) and Dwight Duncan as the member of the electoral district of Windsor−Tecumseh (Sessional Paper No. 91ii), both effective February 14, 2013. Accordingly, I have issued my warrant to the chief electoral office for the issue of a writ for these by-elections.

The Speaker addressed the House:-

Le Président s'adresse à l'Assemblée :-

During the recess, the following reports of parliamentary officers were tabled:

On October 19, 2012, the 2010-2011 Annual Report from the Chief Electoral Officer (Sessional Paper No. 2ii).

On October 19, 2012, 2011 General Election Post Event Report from the Chief Electoral Officer (Sessional Paper No. 3ii).

On October 24, 2012, Report entitled "In the Line of Duty" from the Ombudsman (Sessional Paper No. 6ii).

On October 30, 2012, the Annual Report 2011-2012, Open Meeting Law Enforcement Team (OMLET) from the Ombudsman (Sessional Paper No. 7ii).

On November 15, 2012, Financial Statements for the year ended March 31, 2011 from the Auditor General (Sessional Paper No. 28ii).

On November 15, 2012, Financial Statements for the year ended March 31, 2012 and March 31, 2011 from the Auditor General (Sessional Paper No. 29ii).

On November 15, 2012, Report regarding the Privacy Breach at Elections Ontario from the Chief Electoral Officer (Sessional Paper No. 30ii).

On November 15, 2012, The Chief Electoral Officer’s Report on Privacy at Elections Ontario from the Chief Electoral Officer (Sessional Paper No. 36ii).

On December 4, 2012, the 2012 Annual Greenhouse Gas Progress Report, A Question of Commitment from the Environmental Commissioner (Sessional Paper No. 38ii).

On December 12, 2012, the 2012 Annual Report from the Auditor General (Sessional Paper No. 47ii).

On January 3, 2013, the 2011-2012 Annual Report from the Provincial Advocate for Children and Youth (Sessional Paper No. 69ii).

On January 8, 2013, the Annual Energy Conservation Progress Report, 2011 (Volume Two), Restoring Balance - Results from the Environmental Commissioner (Sessional Paper No. 70ii).

On February 6, 2013, the 2011 Annual Report from the Chief Medical Officer of Health entitled “Maintaining the Gains, Moving the Yardstick” (No. 90ii).

ORAL QUESTIONS

QUESTIONS ORALES

The House recessed at 11:38 a.m.

À 11 h 38, l’Assemblée a suspendu la séance.

3:00 P.M.

15 H

INTRODUCTION OF BILLS

DÉPÔT DES PROJETS DE LOI

The following Bills were introduced and read the first time:-

Les projets de loi suivants sont présentés et lus une première fois :-

Bill 2, An Act to amend the Planning Act. Mr. Wilson.

Projet de loi 2, Loi modifiant la Loi sur l'aménagement du territoire. M. Wilson.

Bill 3, An Act to amend the Public Transportation and Highway Improvement Act with respect to matching rebates of gasoline tax that the Minister provides to municipalities. Mr. Yakabuski.

Projet de loi 3, Loi modifiant la Loi sur l'aménagement des voies publiques et des transports en commun à l'égard des remboursements de la taxe sur l'essence similaires consentis aux municipalités par le ministre. M. Yakabuski.

MOTIONS

MOTIONS

With unanimous consent, on motion by Mr. Milloy, it was Ordered,

Avec le consentement unanime, sur la motion de M. Milloy, il est ordonné,

That notwithstanding standing order 98(a), Private Members' Public Business shall not be considered on Thursday, February 21, 2013;

and that notwithstanding standing order 98(g), notice for ballot items 1 through 6 inclusive, be waived.

With unanimous consent, on motion by Mr. Milloy, it was Ordered,

Avec le consentement unanime, sur la motion de M. Milloy, il est ordonné,

That, notwithstanding standing order 108 and pursuant to standing order 113, the following standing committees be appointed and that the membership of these committees be as follows:

The Standing Committee on Estimates: Vic Dhillon, Grant Crack, Kim Craitor, Bill Mauro, Michael Harris, Rob Leone, Rick Nicholls, Taras Natyshak, Michael Prue;

The Standing Committee on Finance and Economic Affairs: Dipika Damerla, Steven Del Duca, Kevin Flynn, Soo Wong, Victor Fedeli, Monte McNaughton, Peter Shurman, Catherine Fife, Michael Prue;

The Standing Committee on General Government: Bas Balkissoon, Rick Bartolucci, Donna Cansfield, Mike Colle, Laurie Scott, Todd Smith, Jeff Yurek, Sarah Campbell, Rosario Marchese;

The Standing Committee on Government Agencies: Laura Albanese, Lorenzo Berardinetti, Joe Dickson, Phil McNeely, Jim McDonell, Randy Pettapiece, Lisa Thompson, Paul Miller, Monique Taylor;

That notwithstanding the Order of the House dated February 20, 2013, the membership of the Standing Committee on Justice Policy shall be as follows: Laura Albanese, Bob Delaney, Steven Del Duca, Shafiq Qaadri, Jack MacLaren, Rob Milligan, Frank Klees, Teresa Armstrong, Jonah Schein;

The Standing Committee on the Legislative Assembly: Bas Balkissoon, Mike Colle, Kevin Flynn, Bill Mauro, Steve Clark, Garfield Dunlop, Lisa MacLeod, Gilles Bisson, Cindy Forster;

The Standing Committee on Public Accounts: Dipika Damerla, Helena Jaczek, Phil McNeely, Shafiq Qaadri, Jerry Ouellette, Norm Miller, Toby Barrett, France Gélinas, Jagmeet Singh;

The Standing Committee on Regulations and Private Bills: Margarett Best, Joe Dickson, Vic Dhillon, Monte Kwinter, Randy Hillier, Rod Jackson, Bill Walker, Peter Tabuns, John Vanthof;

The Standing Committee on Social Policy: Lorenzo Berardinetti, Margarett Best, Helena Jaczek, Amrit Mangat, Ted Chudleigh, Ernie Hardeman, Jane McKenna, Cheri DiNovo, Michael Mantha; and

That, notwithstanding standing order 118, committee meetings be in accordance with the meeting schedule established for the 40th Parliament on February 27, 2012 with the first meeting of each Committee being at the call of the Chair on a day specified in that schedule; however, that the first meeting occur within the first six sessional days of the passage of this motion for the purposes of organization and planning, regardless of whether or not the committee has any formal business to conduct.

That, notwithstanding the prorogation of the House, the following motions for the production of documents passed by a Committee in the First Session of the 40th Parliament that had remained outstanding at the date of prorogation shall be dealt with under the "Terms" outlined further below:

May 9, 2012 - Committee Hansard page 199 - Motion by MPP Frank Klees - Standing Committee on Public Accounts

June 13, 2012 - Committee Hansard page 361 - Motion by MPP Frank Klees - Standing Committee on Public Accounts

June 13, 2012 - Committee Hansard page 361-362 - Motion by MPP Frank Klees - Standing Committee on Public Accounts

July 19, 2012 - Committee Hansard page 289 - Motion by MPP Michael Harris - Standing Committee on Estimates

August 1, 2012 - Committee Hansard page 643 - Motion by MPP Liz Sandals - Standing Committee on Public Accounts

August 1, 2012 - Committee Hansard page 643 - Motion by MPP Liz Sandals - Standing Committee on Public Accounts

August 2, 2012 - Committee Hansard page 672 - Motion by MPP France Gélinas - Standing Committee on Public Accounts

August 29, 2012 - Committee Hansard page 699 - Motion by MPP France Gélinas - Standing Committee on Public Accounts

August 29, 2012 - Committee Hansard page 700 - Motion by MPP France Gélinas - Standing Committee on Public Accounts

Terms:

The order shall be deemed to be made on the first day the Committee meets in the Second Session;

The time period for compliance with any such order shall be deemed to be seven sessional days from the first day the Committee meets;

The documents shall be tabled with the Clerk of the Committee; at least one copy of each shall be a paper copy for the permanent record; additional copies of each may be provided electronically along with an explanation of the search terms, parameters and process; and

That the Committee may exercise its authority pursuant to Standing Order 110 (b), where applicable, to order any further records or request any further search it considers relevant to the Committee's terms of reference; and

That, notwithstanding any standing order, no government bill shall be referred to the Standing Committee on Estimates or to the Standing Committee on Public Accounts.

PETITIONS

PÉTITIONS

Public and municipal approvals and a moratorium on industrial wind farm development (Sessional Paper No. P-1) Ms. Jones and Mr. O'Toole.

The needs of children, youth and adults with intellectual disabilities and mental illness. (Sessional Paper No. P-2) Mr. McDonell.

A moratorium on landfill construction (Sessional Paper No. P-3) Mr. Hardeman.

Acute and Chronic Lyme Disease diagnosis. (Sessional Paper No. P-4) Ms. Thompson.

Eliminating compulsory WSIB coverage on independent contractors and small business owners in the construction industry. (Sessional Paper No. P-5) Mr. Yurek.

Exempting old vehicle collectors from Drive Clean testing. (Sessional Paper No. P-6) Mr. O'Toole.

Long term care beds and community care for independent and semi-independent seniors (Sessional Paper No. P-7) Mr. McDonell.

Abolishing hospital parking fees for all seniors. (Sessional Paper No. P-8) Mr. O'Toole.

Reaching a negotiated settlement with the Ontario Medical Association (Sessional Paper No. P-9) Mr. Fedeli and Ms. Thompson.

The Acting Speaker (Mr. Miller, Hamilton East–Stoney Creek) informed the House of the following changes in the Order of Precedence for Private Members’ Public Business:-

Le président par intérim (M. Miller, Hamilton-Est–Stoney Creek) a informé la Chambre des changements suivants dans l’ordre de priorité pour les affaires émanant des députés :-

Mr. Shurman assumes ballot item number 1 and

Mr. Hardeman assumes ballot item number 15.

ORDERS OF THE DAY

ORDRE DU JOUR

Motion for an Address in Reply to the Speech of His Honour the Lieutenant Governor at the Opening of the Session.

Debate resumed, and after some time,

Ms. DiNovo moved adjourment of the debate.

Mme DiNovo propose l'ajournement du débat.

Carried.

Adoptée.

On motion by Mr. Milloy, it was Ordered that the House adjourn.

Sur la motion de M. Milloy, il est ordonné que la chambre ajourne ses travaux.

The House adjourned at 4:54 p.m.

À 16 h 54, la chambre a ajourné ses travaux.

le président

Dave Levac

Speaker

PETITIONS TABLED PURSUANT TO
STANDING ORDER 39(a)

PÉTITIONS DÉPOSÉES CONFORMÉMENT À L'ARTICLE
39a) DU RÈGLEMENT

Disbanding the College of Trades. (Sessional Paper No. P-10) (Tabled February 20, 2013) Mr. McDonell.

SESSIONAL PAPERS PRESENTED PURSUANT TO STANDING ORDER 40

DOCUMENTS PARLEMENTAIRES DÉPOSÉS CONFORMÉMENT À L'ARTICLE 40 DU RÈGLEMENT