Procès-verbaux 2001-oct-15 | Assemblée législative de l'Ontario



No. 50	N^o 50

Votes and Proceedings	Procès-verbaux
Legislative Assembly of Ontario	Assemblée législative de l'Ontario
Monday October 15, 2001 Daytime Meeting - Sessional Day 72 Evening Meeting - Sessional Day 73	Lundi 15 octobre 2001 Séance de l'après-midi - jour de session 72 Séance du soir - jour de session 73
2nd Session, 37th Parliament	2^e session 37^e législature


Prayers 1:30 P.M.	Prières 13 H 30
The Speaker delivered the following ruling:-
On Thursday, October 4, the Member for Northumberland raised a point of order during Private Members' Public Business, concerning a motion moved by the Member for Windsor West. The Deputy Speaker, who was in the chair at that time, recessed the House briefly to consider the point and returned to the House and delivered a ruling in which, in the interests of fairness to the House and to the Member for Windsor West, he permitted the motion in question to proceed. I concur with the position taken by the Deputy Speaker that day, and agree it was a reasonable step which permitted the House to continue under the circumstances. The Deputy Speaker also committed that the Speaker would return to the House to clarify the Standing Orders concerning preambles and recitals in motions, and that is what I intend to do now. This issue was perhaps best addressed by Speaker Stockwell in April of 1999, when he wrote to all Members of the House in advance of the beginning of the 3^rd Session of the 36^th Parliament. In his letter of April 19, and a subsequent statement to the House on April 26, Speaker Stockwell expressed concern about the growing tendency for motions to appear on the Orders and Notices Paper which contained lengthy recitals and preambles. Speaker Stockwell drew Members' attention to the Standing Orders relevant to this issue and advised Members that from then on he would be applying them diligently and would remove out-of-order notices of motion from the Orders and Notices Paper. Speaker Stockwell was correct, I believe, when he stated, "Ensuring motions are not self-contained debates that precede the main debate they purport to raise is, in my view, in the interests of all members and will make the best use of the time of the House." Speaker Stockwell's point was that a motion should indicate some succinct, specific opinion that the House agrees to, or some specific action the House agrees should be taken. A motion should not include the arguments as to why an opinion should be adopted, or why a certain action should be taken; those arguments belong in the debate on the motion itself, when Members have the opportunity to persuade their colleagues either to accept or reject the proposition. A simple, argument-free proposal before the House gives the House the best chance to clearly decide, and maximizes the chance that the proposal, being uncluttered by extraneous and possibly irrelevant argument, will find acceptance among a larger number of Members. Since Deputy Speaker Brown invited these on October 4, I have received written submissions on this matter from the House Leaders of all 3 Parties and I would like to thank them for providing me with their advice. All 3 are supportive of the Speaker providing a clear statement on the admissibility of notices of motion, and are desirous of seeing this policy consistently applied. The submissions of the 2 opposition House Leaders quote sections of the parliamentary authorities, Erskine May's Parliamentary Practice and Beauchesne's Parliamentary Rules and Forms, which confirm that preambles and recitals should not be contained in motions. Therefore, having carefully considered the House Leader's written submissions and Speaker Stockwell's 1999 statement, I want to reinforce his direction on this matter and indicate my intention to pursue an identical policy. I have asked the Clerk to draw to my attention any notices of motion that may appear to be in conflict with my interpretation of the Standing Orders and, if I find that they are, I will direct that they be removed from the Orders and Notices Paper. In that regard, I want to indicate that I am directing that Private Members' Notice of Motion number 2, standing in the name of Mr. Dunlop; Private Members' Notice of Motion number 3, standing in the name of Mr. Bryant; Private Members' Notice of Motion number 6, standing in the name of Mr. Parsons; and Private Members' Notice of Motion number 15 standing in the name of Mr. Galt, be removed from the Orders and Notices Paper today.
I want to point out that this action, as contrasted with the situation involving Mrs. Pupatello's motion last week, has no immediate detrimental impact upon either Mr. Dunlop, Mr. Bryant or Mr. Galt since neither Member has an imminent spot on the Order of Precedence for Private Members' Public Business. As a result, they can easily substitute an in-order version of their existing motions without affecting any preparations they or other Members might have done in anticipation of an approaching debate, and I encourage those Members to do so. In the case of Mr. Parsons, his Private Members' Public Business ballot item will be considered this Thursday, but he has already designated Bill 54 as his item so the removal of his notice of motion does not impact his ballot item. I want to thank the Member for Northumberland for raising this issue as it has again given the Speaker the opportunity to clarify and provide direction in an area that has been confusing to many Members.

Introduction of Bills	Dépôt des Projets de Loi
The following Bill was introduced and read the first time:-	Le projet de loi suivant est présenté et lu une première fois:-
Bill 110, An Act to promote quality in the classroom. Hon. Mrs. Ecker.	Projet de loi 110, Loi visant à promouvoir la qualité dans les salles de classe. L'hon. M^me Ecker.

Motions	Motions
With unanimous consent, on motion by Mrs. Ecker,
Ordered, That, the Standing Committee on General Government be authorized to meet on the evening of November 5, 2001 at Queen's Park, to consider Bill 77, An Act to amend the Vital Statistics Act and the Child and Family Services Act in respect of Adoption Disclosure.

With unanimous consent, on motion by Mrs. Ecker,
Ordered, That, the Standing Committee on the Legislative Assembly be authorized to inquire into and, within 12 months of this referral, report on parliamentary reforms that will improve democracy and enhance accountability; That this review take place in two phases: i) reforms that would expand the use of technology in the House and its committees; and ii) reforms that would enhance the role of private members; That, in addition to its regular schedule, the Committee shall have the authority to meet concurrently with the House and during any adjournments of the House; That, the committee be encouraged to employ a staff person or persons - reporting to the Committee through the Chair - to be dedicated to the review; That, the Committee shall have the power to hear witnesses, commission reports relevant to the terms of reference, employ staff, and adjourn from place to place in North America and abroad as the Committee may deem advisable, subject to normal budget approval. That, if upon completion of the report or reports, the House is not sitting, the Committee shall have authority to release any reports by depositing a copy of them with the Clerk of the Assembly and upon resumption of the sittings of the House, the Chair of the Committee shall present such reports to the House in accordance with the Standing Orders.

With unanimous consent, on motion by Mrs. Ecker,
Ordered, That, notwithstanding the Order of the House dated October 26, 2000, David Christopherson, Member for the Electoral District of Hamilton West, be appointed First Deputy Chair of the Committee of the Whole House effective immediately; and That for the period from October 29, 2001 to October 27, 2002, Bert Johnson, Member for the Electoral District of Perth-Middlesex, be appointed Deputy Speaker and Chair of the Committee of the Whole House; and Mike Brown, Member for the Electoral District of Algoma-Manitoulin be appointed Second Deputy Chair of the Committee of the Whole House; and That effective October 28, 2002, David Christopherson, Member for the Electoral District of Hamilton West, be appointed Deputy Speaker and Chair of the Committee of the Whole House; and Bert Johnson, Member for the Electoral District of Perth-Middlesex be appointed Second Deputy Chair of the Committee of the Whole House.

Mrs. Ecker moved,	M^me Ecker propose,
That, pursuant to Standing Order 9(c)(i), the House shall meet from 6:45 p.m. to 9:30 p.m. on Monday, October 15, Tuesday, October 16, and Wednesday, October 17, 2001, for the purpose of considering government business.
The question being put on the motion, it was carried on the following division:-	La motion, mise aux voix, est adoptée par le vote suivant:-

AYES / POUR - 62

Agostino

Arnott

Baird

Bartolucci

Beaubien

Bountrogianni

Bradley

Brown

Bryant

Caplan

Clark

Coburn

Colle

Cordiano

DeFaria

Di Cocco

Dombrowsky

Dunlop

Ecker

Elliott

Flaherty

Galt

Gerretsen

Gill

Hastings

Hodgson

Hoy

Jackson

Johns

Kells

Kennedy

Klees

Kwinter

Levac

Marland

Maves

Mazzilli

McLeod

McMeekin

Miller

Munro

Murdoch

Mushinski

Newman

O'Toole

Parsons

Phillips

Ramsay

Ruprecht

Sampson

Sergio

Snobelen

Sterling

Stewart

Tilson

Tsubouchi

Turnbull

Wettlaufer

Wilson

Witmer

Wood

Young

NAYS / CONTRE - 5


Bisson	Kormos	Marchese		Martel	Prue

Petitions			Pétitions
Petition relating to The Nanticoke Generating Station (Sessional Paper No. P-26) Mr. Bradley. Petition relating to Shortage of Nursing staff in Ontario (Sessional Paper No. P-61) Ms. Martel. Petition relating to Personal needs allowance (Sessional Paper No. P-75) Mr. Christopherson. Petitions relating to Restoring OHIP coverage for delisted services (Sessional Paper No. P-88) Mr. Bisson, Mr. Christopherson and Ms. Martel.
Petitions relating to Funding Audiologists directly for the provision of their services (Sessional Paper No. P-92) Mr. Bartolucci and Mr. McMeekin. Petition relating to Asking the Federal Government to move Amendments to the Cruelty of Animals Provisions in the Criminal Code (Sessional Paper No. P-100) Mrs. Mushinski. Petition relating to Maintaining Health Services in Southwestern Ontario (Sessional Paper No. P-102) Mr. Peters. Petition relating to Providing Patient-Based Budgeting for Health Care Services (Sessional Paper No. P-104) Mr. Cordiano.

Orders of the Day			Ordre du Jour
Mrs. Ecker moved,			M^me Ecker propose,
That, pursuant to Standing Order 46 and notwithstanding any other Standing Order or Special Order of the House relating to Bill 87, An Act to regulate food quality and safety and to make complementary amendments and repeals to other Acts, when Bill 87 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 Justice and Social Policy; and That, notwithstanding Standing Order 28(h), no deferral of the second reading vote may be permitted; and That, the Standing Committee on Justice and Social Policy shall be authorized to meet in Toronto, during its regularly scheduled meeting times for two days of public hearings, and one day for clause-by-clause consideration of the bill; and That, at 4:30 p.m. on the day of clause-by-clause consideration, 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. The committee shall be authorized to meet beyond its normal hour of adjournment until completion of clause-by-clause consideration. 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 27, 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 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; and That, when the Order for Third Reading is called, ninety minutes 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 - 44