ELECTION OF CHAIR

ELECTION OF VICE-CHAIR

APPOINTMENT OF SUBCOMMITTEE

CONTENTS

Wednesday 3 November 1999

Election of Chair

Election of Vice-Chair

Appointment of subcommittee

STANDING COMMITTEE ON GOVERNMENT AGENCIES

Chair / Président
Mr James J. Bradley (St Catharines L)

Vice-Chair / Vice-Président

Mr Bruce Crozier (Essex L)

Mr James J. Bradley (St Catharines L)
Mr Bruce Crozier (Essex L)
Mr Bert Johnson (Perth-Middlesex PC)
Mr Morley Kells (Etobicoke-Lakeshore PC)
Mr Tony Martin (Sault Ste Marie ND)
Mr George Smitherman (Toronto Centre-Rosedale / Toronto-Centre-Rosedale L)
Mr Joseph Spina (Brampton Centre / -Centre PC)
Mr Bob Wood (London West / -Ouest PC)

Substitutions / Membres remplaçants

Mr John Gerretsen (Kingston and the Islands / Kingston et les îles L)

Clerk / Greffier

Mr Douglas Arnott

Staff / Personnel

Mr David Pond, research officer, Legislative Research Service

The committee met at 1002 in room 228.

ELECTION OF CHAIR

Clerk of the Committee (Mr Douglas Arnott): Honourable members, good morning. It is my duty to call upon you to elect one of your number as Chair of the committee. Are there any nominations, please?

Mr Bob Wood (London West): Mr Clerk, I nominate Jim Bradley as Chair of the committee.

Clerk of the Committee: Are there any further nominations, please?

Mr Bert Johnson (Perth-Middlesex): I move that nominations be closed.

Clerk of the Committee: There being no further nominations, I declare Mr Bradley duly elected Chair of the government agencies committee.

The Chair (Mr James J. Bradley): Thank you very much, members of the committee, for your kindness in nominating me-I may regret after a while saying "kindness"-and your kindness in electing me as Chair of the committee.

ELECTION OF VICE-CHAIR

The Chair: Our next order of business is election of a Vice-Chair of the committee. Do we have nominations for the position of Vice-Chair?

Mr John Gerretsen (Kingston and the Islands): Mr Chair, I'd like to nominate Mr Crozier as Vice-Chair.

The Chair: Mr Crozier's name is placed in nomination.

Mr Johnson: I move that nominations be closed.

The Chair: All in favour of closing nominations? Nominations are closed. The Vice-Chair is Mr Crozier.

APPOINTMENT OF SUBCOMMITTEE

The Chair: We also have the business of the appointment of a subcommittee on committee business. The subcommittee deals with matters related to upcoming business and makes all the important decisions, I'm told, on a committee of this kind.

Mr Tony Martin (Sault Ste Marie): I move that a subcommittee on committee business be appointed to meet from time to time at the call of the Chair, or at the request of any member thereof, to consider and report to the committee on the business of the committee; that the presence of all members of the subcommittee is necessary to constitute a meeting; and that the subcommittee be composed of the following members: the Chair as Chair, Mr Wood, Mr Crozier and Mr Martin; and that substitution be permitted on the subcommittee.

The Chair: You have heard the motion. Any discussion on the motion?

Mr Joseph Spina (Brampton Centre): I'm sorry, I missed the name of the third person.

Mr Martin: Mr Martin.

The Chair: Any discussion? We'll put the motion to the committee, then. All in favour? Opposed? The motion is carried.

I'm told there are some of us who have not served on committees frequently. Certain changes have taken place in the rules of the Legislature that may impact upon the committee. The clerk of the committee has suggested that there may be a time two weeks from today where we might be briefed on those changes and how they might impact on the committee, and any other matters that might relate to our procedures.

In addition to that, Mr Wood, you had informally before the meeting talked about how the committee had worked in the past and whether it was satisfactory to continue to work in that fashion. Any discussion of that matter?

Mr Wood: I think the subcommittee is going to meet after this meeting and will have a report to the next meeting of the committee, which may well involve some suggestions as to rules and how things should function. I don't know whether a briefing is necessary or just a memo that we might then simply ask questions on. Maybe that's a more efficient way of dealing with the question of bringing all the members up to date.

The Chair: Thank you, Mr Wood. That sounds like a good suggestion. If we were to have that written material for us, certainly any questions arising from that could be dealt with at a future meeting of the committee, probably at the earliest opportunity. That is a very good suggestion that the subcommittee will certainly look at carefully.

Is there any other business this morning for the committee on government agencies?

Mr Martin: I'm just wondering if maybe the government members would inform us of when they propose to start bringing some of these appointments forward. It's been since April 29 that we've had any vetting of appointments by this government. There have been one or two people appointed, I think, since then and I'm wondering if we might expect that there'll be some appointments early next week, perhaps.

The Chair: First of all, I'll go to the clerk of the committee to have any comment on how this might be transpiring, and then if any government members have a comment, I'll ask for it.

Clerk of the Committee: I have not received, and understand there have not been, certificates tabled with the Clerk of the House, with the committee, for some time. I understand that there may be certificates coming forward soon.

The Chair: Is there a government member of the committee who might be able to assist us in this at this time, or not?

Mr Wood: Since there was no committee until a few days ago, of course, there was no committee to submit appointments to. My understanding of the rules is that appointments must be submitted to the committee now that it's constituted, otherwise they can't be submitted to the Lieutenant Governor for a signature. As soon as the cabinet starts to make appointments, if they want to have them signed, they're going to have to submit them to committee.

1010

Mr Gerretsen: I think the point that Mr Martin made is a very valid one, though. Appointments have been made over the last six months. We've read about these appointments in the newspaper. Some of them have been of a very partisan nature on all sides. Surely to goodness it would be incumbent upon the government members to undertake to this committee that by the next committee meeting they will have a complete list of all those people who are seeking appointments and whom the cabinet intends to appoint. Can we not get that undertaking?

I have never been on a committee yet in my four years here that has four such senior members of the government caucus as this committee has. We have an eminent lawyer from the London area, Mr Wood; we have the Olympic commissioner here in Mr Kells; we have Mr Bert Johnson here, who is the Deputy Speaker of the House; we have Mr Joe Spina here, who we all know was born in Sault Ste Marie and has carried on an illustrious career here in the Metro area. Surely these four highly influential members can give an undertaking to this committee to bring forward at the next committee meeting the names of people the government intends to appoint.

Mr Martin: I was wondering if it wouldn't be appropriate for the government to present to us a list of the appointments since April 29. We might pick one or two to bring before the committee and have a little chit-chat with them to see what's been going on to try to determine if in fact, as has been inferred, a little bit of patronage has been happening and if that has been appropriate; or has it been more than other times, or are there people on this list who perhaps have slipped by who maybe shouldn't be sitting on some of these boards and commissions? We might be able to give some direction to the government around some of that. Is that an appropriate thing to ask or is it out of order?

The Chair: First of all, I'll ask for a response from the government members, if they have a response at this time. They may be able to help us out in this regard.

Mr Wood: The standing orders permit us to deal only with what is submitted to us. As a committee, we can't do anything more. If you want to consider ones prior to this time, that's a matter the House would have to do by resolution. I think that's a point you may wish to take up with your House leader and have him take it up with all the House leaders. The committee in and of itself can't do what we lack the jurisdiction to do. The House has got to authorize that by resolution, as indeed, as I recall, was done four years ago. Whether it's appropriate this time is a matter for the House to decide.

Mr Spina: That's in line with my thoughts. The objective of the committee is to vet up-and-coming appointments. It's our responsibility, as members of this committee, to draw out any of those recommended appointments to authorize or challenge as we see fit. What is historical, I think, is actually beyond the mandate of this committee, and I think it would fall within the scope of the Legislature itself to change that.

If the opposition members wanted the list of appointees, I don't think that's a difficult problem. I'm sure the appointments office would be happy to provide that to them. To debate that at this point would really be rhetorical.

The Chair: Mr Kells, did you have a comment?

Mr Kells: I think my colleagues have expressed where we stand. I don't believe there's any debate required until we get into our normal routine, which is coming right on our heels.

The Chair: Mr Wood has helped us out, first of all, with the legal process we must follow, apparently, and the clerk confirms that it is indeed the case that a resolution of the House would be necessary to look at appointments that have already taken place. Mr Wood has also helped us out by letting us know that has already been done; there is a precedent for that.

I would anticipate, from Mr Spina's comments, that the government would be very co-operative in providing a list of appointments that have been made since the last time this committee sat. It's a public document and they would be, no doubt, happy to do that.

Mr Martin, did you have a further comment?

Mr Martin: I'm really appreciative of the Chair's clarification of all that. That helps me to understand where I need to go if we indeed decide to follow up on it.

The Chair: So the opposition party representatives who wish to see this matter pursued then, as Mr Wood has recommended, will go to their respective House leaders to have this discussed at the House leaders' meeting and a resolution to conclude that meeting, while it'll certainly be in the hands of the House, whether they believe that the committee should deal with those matters. I think that was very helpful, Mr Wood. Thank you for your assistance in that regard.

Any other business to come before the committee?

Mr Gerretsen: I just want to respond very briefly to what Mr Spina had to say, that in effect we could just get a list of the appointments that were made from the appointments secretariat. Perhaps Mr Spina is not aware of the fact that at times, as an opposition member, you don't quite get those lists as quickly perhaps as a government member does. Just in case we are not able to get those lists, will Mr Spina undertake to get them for us in short order?

The Chair: I've always known Mr Spina to be a most co-operative individual, but I'll let him speak for himself.

Mr Spina: The irony is that these appointments are a matter of public record. Quite honestly, to be straightforward with you, Mr Gerretsen, I found out about many of these appointments, as you did, in the newspaper. Whether it was a former member of the government or a former member of the opposition who received an appointment, such as Mr Miclash or Mr North, I found about these as you did. As a matter of public record, if the committee was requesting to see that list, I'm sure it's within the scope of the Chair to ask the secretariat to provide that list of appointments that have been made, purely for information purposes, because obviously it's not within our mandate to debate those appointments.

Mr Gerretsen: I have a follow-up question. Does he think it's appropriate for a government member not to be provided with that information before he reads about it in the paper? Should he, as a government member, not have access to the name of whoever is appointed, rather than finding it out that way? I'm sure he'll agree with me that that is not appropriate and that he should have found out in a different way than the way the opposition members find out, by reading it in the papers. Do you agree with that, Mr Spina?

The Chair: You have to direct any questions through the Chair. If Mr Spina wishes to respond, he will; if he doesn't, he will not. Mr Martin?

Mr Martin: I don't know, maybe others aren't interested in this, but would there possibly be some of the documentation that went with some of the applications that came forward for these positions: their resumés, why they qualified, why the decision was made to pick them, say, over somebody else, or would that be jumping the gun a bit? Maybe we should have that in with people we might call forward. I just think it would be interesting to know why some of these folks got appointed, what their qualifications are, so that we're all comfortable and satisfied that they are actually going to do a good job for the people of Ontario.

The Chair: I will ask Mr Wood to respond to that.

Mr Wood: I think the member will find that full and complete information will be provided and, obviously, after he sees that, if he feels he needs more, he's entitled to ask. But I think he'll find it to be quite helpful when he gets it.

The Chair: Mr Clerk, anything to add to that? What you were addressing in terms of appointments that have already been made, which may or may not come before this committee as a result of action taken in the House-would the committee receive that information only if that resolution were to pass in the House? I guess that is my question.

Clerk of the Committee: I don't know what material will be forthcoming in the way of a list or provision of information.

The Chair: This may be a matter as well that the subcommittee may wish to discuss, but I certainly understand what the member for Sault Ste Marie, Mr Martin, is saying. It appears that the obligation would not be there on the government to provide the information-I'm talking about an obligation now as opposed to their own volition-that Mr Martin has suggested unless there is a resolution of the House that this committee deal with those appointments. Other than that, it would have to be done, perhaps, outside the purview of this committee or you may try a motion before the committee. But it would appear that it would be of their own volition that they would provide that information, that unless this committee is dealing-I'm just talking about the committee now-with those specific appointments, the government may not be obligated to provide that information.

Mr Martin: Perhaps we can talk about it further in the subcommittee. If we resolve it there, we can bring it back to the committee and ask for further input.

The Chair: Any other comments or business to come before the committee?

Mr Wood: I move adjournment, Mr Chair.

The Chair: Mr Wood has moved adjournment of the committee. All in favour of the motion? It is carried.

The committee adjourned at 1022.