Ontario.

AuthorMcCauley, Jocelyn
PositionLegislative Reports

Membership Changes

A Writ of Election, dated June 1, 2017, was issued for the Electoral District of Sault Ste. Marie to address a vacancy that occurred following the resignation of Liberal MPP David Orazietti. Ross Romano, the Progressive Conservative candidate, was returned as duly elected and subsequently took the Oath and subscribed to the Roll on June 23, 2017.

On May 29, 2017, there was a change in the distribution of seats in the House after Jack MacLaren (MPP for Carleton-Mississippi Mills) ceased to be a member of the Progressive Conservative Caucus. He now sits as an Independent Member and consequently was removed from the Standing Committee on Regulations and Private Bills as per Standing Order 113(a) which requires that membership of Committees be in proportion to the representation of the recognized Parties in the House. His re-appointment as an Independent member to a committee is pending.

Question of Privilege

On March 20, 2017, Jim Wilson (MPP for Simcoe-Grey) rose on a question of privilege concerning government advertising on electricity pricing. The Member for Simcoe-Grey alleged that advertisements or announcements in various forms were issued by the government which alluded to future price cuts and changes to the electricity sector. The Member argued that this constituted a prima facie case of contempt in that the items provided to Speaker Dave Levac presumed and predicted the outcome of a decision of the House before first implementing the legislative changes required to give effect to these pledges.

On March 23, 2017, the Speaker concluded that while the message conveyed to the reader or listener of the various communications were definitive--that a reduction in electricity prices would occur; it did not constitute a prima facie breach of privilege. The Speaker ruled that to find a prima facie case of contempt in these communications given their definitive, unconditional language, would require the Speaker to conduct legal analysis of the legislative framework necessary to produce the results alluded to in the ads and other items. Precedent dictates that it is not for the Speaker to undertake legal analysis, make legal findings or attempt to interpret the law. The Speaker therefore ruled that it was beyond the purview of the Speaker to determine whether or not the Assembly had a necessary role in the implementation of measures required to bring about the promised changes to the electricity sector.

Following the subsequent introduction of Bill 132, Fair Hydro Act, 2017, on May 15, 2017, Steve Clark (MPP for Leeds-Grenville) renewed the question of privilege previously raised on March 20. Referencing the Speaker's March 23rd ruling, Mr. Clark alleged that advertisements released by the government relating to changes to the electricity sector, combined with the introduction of Bill 132, constituted a prima facie case of contempt by the Minister of Energy...

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