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No. 7 |
No 7 |
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Votes and Proceedings |
Procès-verbaux |
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Legislative Assembly |
Assemblée législative |
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Monday |
Lundi |
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2nd Session, |
2e session |
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Prayers |
Prières |
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Introduction of Bills |
Dépôt des Projets de Loi |
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The following Bills were introduced and read the first time:- |
Les projets de loi suivants sont présentés et lus une première fois:- |
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Bill 25, An Act to amend the Public Service Act and Crown Employees Collective Bargaining Act, 1993. Hon. Mr. Tsubouchi. |
Projet de loi 25, Loi modifiant la Loi sur la fonction publique et la Loi de 1993 sur la négociation collective des employés de la Couronne. L'hon. M. Tsubouchi. |
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Bill 26, An Act to amend the Safe Streets Act, 1999 and the Highway
Traffic Act to recognize the fund-raising activities of legitimate
charities. |
Projet de loi 26, Loi modifiant la Loi de 1999 sur la sécurité dans les rues et le Code de la route pour reconnaître les activités de financement des organismes de bienfaisance légitimes. M. Crozier. |
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Bill 27, An Act to protect the families of police officers and others involved in the criminal justice system. Mr. Levac. |
Projet de loi 27, Loi visant à protéger les familles des agents de police et d'autres personnes oeuvrant dans le système de justice criminelle. M. Levac. |
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Bill 28, An Act to amend the Human Rights Code. Mr. Ramsay. |
Projet de loi 28, Loi modifiant le Code des droits de la personne. M. Ramsay. |
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Bill 29, An Act to freeze development on the Oak Ridges Moraine and to amend the Planning Act to increase and strengthen the protection of natural areas across Ontario. Ms. Churley. |
Projet de loi 29, Loi imposant un moratoire sur les aménagements dans la moraine d'Oak Ridges et modifiant la Loi sur l'aménagement du territoire de manière à accroître et à renforcer la protection des sites naturels partout en Ontario. Mme Churley. |
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Motions |
Motions |
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On motion by Mrs. Ecker, |
Sur la motion de Mme Ecker, |
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Ordered, That, notwithstanding Standing Order 96(d), the following changes be made to the ballot list for private members' public business: Mrs. Dombrowsky and Mr. Smitherman exchange places in order of precedence such that Mrs. Dombrowsky assumes ballot item number 18 and Mr. Smitherman assumes ballot item number 4. |
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On motion by Mrs. Ecker, |
Sur la motion de Mme Ecker, |
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Ordered, That, notwithstanding Standing Order 96(g), the requirement for notice be waived with respect to ballot item 5 and 6. |
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The Speaker delivered the following ruling:- On Tuesday, April 24, 2001, the Member for Timiskaming-Cochrane (Mr. Ramsay) rose on a question of privilege to indicate that his rights and privileges as a Member had been abused by the actions of the Assembly's former Integrity Commissioner, and that there had been an interference with an Officer of the Assembly within the meaning of paragraph 4 of section 46(1) of the Legislative Assembly Act. |
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In particular, the Member indicated that pursuant to the Members' Integrity Act, he had lodged complaints with the former Commissioner about an alleged conflict of interest involving the Premier, that the former Commissioner had investigated and dismissed the complaints, that the former Commissioner's responses to his complaints were "unusual and to some extent curious", and that a press report had subsequently quoted the former Commissioner as saying that he had relied on a friend who was not a member of his staff to assist in the writing of a report clearing the Premier of any wrongdoing. The Member was of the view that there had been an interference while the former Commissioner was considering his complaint, that the Speaker should investigate and rule on what transpired, and that he had a right to have the Integrity Commissioner - not an outsider - decide his complaint. The Member for Niagara-Centre (Mr. Kormos), the Government House Leader (Mrs. Ecker), and the Member for Windsor-St. Clair (Mr. Duncan) also made submissions. I have had an opportunity to review our precedents and the usual parliamentary authorities on this matter. Let me preface my substantive response to the issues by saying that some Members would have the Speaker "investigate" the allegations. However, the role of the Speaker is not so much to investigate as it is to rule on questions of privilege raised by Members drawing salient facts to the attention of the House. Turning to the substance of the concerns raised by the Member for Timiskaming-Cochrane, let me say two things. Firstly, an allegation that there has been an interference with an Officer of this Assembly may well raise privilege issues in a proper case. Erskine May states (at page 125 of the 22nd edition) that the House will treat as contempt "acts directly tending to obstruct their officers in the execution of their duty...." But for there to be a prima facie case, the facts drawn to the attention of the Speaker must tend to support the claims being made. Some serious allegations have been made in the case at hand, but it does not appear from various Members' submissions that the former Commissioner was interfered with in his duties; on the contrary, it appears that he actually solicited the impugned assistance. This case should be contrasted with the case that was the subject of my May 18, 2000 ruling, where a prima facie case of contempt was made out in circumstances where the Information and Privacy Commissioner, in a special report to this House, indicated that a government ministry had frustrated an investigation into the release of personal financial information by the Province of Ontario Savings Office. My second point is that addressing the issues raised in the question of privilege entails interpreting the Members' Integrity Act. However, Members will know from many previous rulings on this subject that Speakers should generally avoid interpreting or giving legal advice on legislation. For these reasons, a prima facie case of privilege has not been made out. In closing, I thank the Member for Timiskaming-Cochrane for raising this matter. |
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The Acting Speaker (Mr. Arnott) informed the House that, in the name of Her Majesty the Queen, Her Honour the Lieutenant Governor had been pleased to assent to the following bills on April 27, 2001:- |
Le président par intérim, M. Arnott avise l'Assemblée qu'au nom de Sa Majesté la Reine, Son Honneur la lieutenante-gouverneure a eu le plaisir de sanctionner les projets de loi suivants le 27 avril 2001:- |
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Bill 13, An Act to resolve labour disputes affecting the Toronto District School Board and the Windsor-Essex Catholic District School Board. |
Projet de loi 13, Loi visant à régler les conflits de travail qui touchent les conseils scolaires de district appelés Toronto District School Board et Windsor-Essex Catholic District School Board. |
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Bill 20, An Act to protect persons from liability in respect of voluntary emergency medical or first aid services. |
Projet de loi 20, Loi visant à exonérer les personnes de la responsabilité concernant des services médicaux ou des premiers soins fournis bénévolement en cas d'urgence. |
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Petitions |
Pétitions |
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Petition relating to Regulated child care spaces (Sessional Paper No. P-2) Ms. Martel. Petition relating to Protecting minors from exposure to sexually explicit materials (No. P-10) Mr. Gill. Petition relating to Horse Riding Safety Act (No. P-18) Mrs. Molinari. Petitions relating to a Two-tier health care (Sessional Paper No. P- 24) Mr. Levac, Mrs. McLeod, and Mrs. Pupatello. Petition relating to Karla Homolka (Sessional Paper No. P-25) Mr. Hastings. Petition relating to The Nanticoke Generating Station (Sessional Paper No. P-26) Mr. Bradley. Petition relating to Brain Tumour Awareness Month (Sessional Paper No. P-27) Mr. Wood. Petition relating to the Safe Streets Act, 1999 (Sessional Paper No. P-28) Mr. Crozier. Petition relating to The McKendry Commission (Sessional Paper No. P-29) Mr. Marchese. Petition relating to Autistic Spectrum Disordered Children (Sessional Paper No. P-30) Mrs. Dombrowsky. Petition relating to Bill 102 (Sessional Paper No. P-31) Mr. O'Toole. |
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Orders of the Day |
Ordre du Jour |
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Debate was resumed on the Amendment to the Motion for an Address in Reply to the Speech of Her Honour the Lieutenant Governor at the Opening of the Session. |
Le débat reprend sur l'amendement à la motion portant l'Adresse en réponse au discours prononcé par Son Honneur la lieutenante-gouverneure à l'ouverture de la session. |
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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. |
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The House then adjourned at 6:00 p.m. |
À 18 h, la chambre a ensuite ajourné ses travaux. |
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le président GARY CARR Speaker |
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Sessional Papers Presented Pursuant to Standing Order 39(A):- |
Documents Parlementaires Déposés Conformément à l'Article 39(A) du Règlement |
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Compendia: Bill 25, An Act to amend the Public Service Act and Crown Employees Collective Bargaining Act, 1993 (No. 16). Ontario Financial Review Commission, Raising the bar: Enhanced Accountability to the people of Ontario / Commission ontarienne de révision des pratiques financières, Élever la barre: Responsabilité accrue envers la population de l'Ontario (No. 15). |
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