HALIFAX, TUESDAY, APRIL 30, 2002
SELECT COMMITTEE ON ELECTORAL BOUNDARIES
3:00 P.M.
CHAIRMAN
Hon. Michael Baker
MR. CHAIRMAN: I call the meeting of the Select Committee on establishing the Electoral Boundaries Commission to order. Thank you very much for coming. We really have one order of business. The reason the meeting was called is because, as everyone would be aware, we received a letter from the Electoral Boundaries Commission requesting an extension of their terms of reference to the end of June.
We have checked the calendar and the date they picked is a Sunday. We figured they probably wouldn't be filing their report on a Sunday, so I have selected - although it's certainly subject to discussion - a resolution which has been circulated which would suggest that the date of May 30th be substituted, or that that date be eliminated and substitute June 28th which is the last business day in June and it seems to be in keeping with the spirit of their letter. Just for the sake of form, if someone would like to move that, then we can have it open for discussion.
Moved by Mr. MacDonald.
Discussion. Mr. Epstein.
MR. HOWARD EPSTEIN: Just a small point - I certainly don't have any difficulty with the Electoral Boundaries Commission suggesting it will take just a little bit longer than they originally requested - and the small point has to do with the wording of the terms of reference that we gave them, or that we recommended to the House and which the House then gave to the commission.
1
You may recall that there were words beyond the date and the words beyond the date were "but in no case later than in time for consideration of the Commission's recommendation by the Legislature at the Spring sitting of the House of Assembly in 2002". Did those words not make it into the terms of reference?
MR. CHAIRMAN: They were in the resolution of the House, but unfortunately the difficulty we have, of course, is that, God willing, the Spring session of the Legislature will be over by the end of June.
MR. EPSTEIN: That's my point precisely, before then in fact.
MR. CHAIRMAN: Well, presumably before that, that's right.
MR. EPSTEIN: My suggestion was just going to be that we also recommend to the House that these words be dropped; that was all I was going to recommend.
MR. CHAIRMAN: I don't think we can change the actual resolution of the House.
MR. EPSTEIN: Don't we just have the power to recommend to the House?
MR. CHAIRMAN: No, I think under the Statute we establish the terms of reference for the commission, although the House sets terms of reference for us. In fact, I think under the Statute we set the terms of reference. That's why this is not a resolution of the House, but of the commission because I believe the statutory authority is vested in this.
MR. EPSTEIN: So these are our terms of reference?
MR. CHAIRMAN: They're our terms of reference. When we issue the terms of reference, the committee simply had earlier adopted the terms of reference provided by the House. I think statutorily - and I don't want to get into one of those lawyer's discussions - but I think that the Statute vests the duty to establish the terms of reference in the committee.
MR. EPSTEIN: I'm sure you're right on that point. I do go back to my suggestion about removing those words. It just seems likely that we will be finished our Spring session before the committee gives us its final report. So my suggestion is just that we add to that, to remove those words. (Interruption)
MR. CHAIRMAN: I think that Mr. Epstein, and I don't disagree that. Certainly I would entertain, if you want to make a motion about that after we deal with this motion, I have certainly no difficulty in entertaining that motion. I think perhaps we should deal with one issue at a time, which is the date issue, if that's agreeable with the committee.
MR. EPSTEIN: I so move.
MR. CHAIRMAN: I will call for the question then. Would all those in favour of the amendment that has been circulated please say Aye. Contrary minded, Nay.
The motion is carried.
MR. EPSTEIN: A further motion, Mr. Chairman, which is to drop from the mandate of the commission the words: "but in no case later than in time for consideration of the Commission's recommendation by the Legislature at the Spring sitting of the House of Assembly in 2002".
MR. CHAIRMAN: The motion has been made. Any further discussion on the motion? If not, I will call the question. Would all those in favour of the motion please say Aye. Contrary minded, Nay.
The motion is carried.
I believe there is no further business - oh, Mr. MacEwan.
MR. PAUL MACEWAN: Before you adjourn, just so that we can all be clear on where we go from here, my understanding is that the commission will present its recommendations in the form of a report to the Speaker, and then having done that . . .
MR. CHAIRMAN: No, it's not a report to the Speaker. Under the legislation, it is my understanding, it's a report to the government. The Premier or his designate will lay a bill before the House of Assembly within 10 days of the House reopening, presumably in the Fall session, and at that point it's a bill like any other bill for the consideration of the House, I believe, and the Chief Legislative Counsel can correct me if I'm wrong, but I believe that's the process.
MR. MACEWAN: . . . so we know what the situation is.
MR. CHAIRMAN: I believe that's the statutory process that I would be anticipating, Chief Legislative Counsel?
MR. GORDON HEBB: That's correct. I don't recall specifically which minister is required to introduce the bill.
MR. CHAIRMAN: I think it names the Premier or his designate.
MR. HEBB: But it definitely is a Minister of the Crown who is required to introduce a bill that implements the report.
MR. MACEWAN: I raise that point because the reason we came here today was a letter from J. Colin Dodds, Ph.D., to the Honourable Murray Scott, Speaker, and that was the form on which he reported. Now, it may or may not be the right way, but that's what he did.
MR. CHAIRMAN: I think he wrote to the Speaker simply because his terms of reference come from a committee of the House, and I won't presume to read Mr. Dodds' mind, but I always assumed that that was his reason for doing so.
MR. EPSTEIN: I wonder if we now know when we're likely to hear from the commission itself with respect to its interim report?
MR. CHAIRMAN: I have no information, unless anybody else has. I have no information other than the information that you would have, which I think you know what the answer to that would be.
MR. EPSTEIN: Soon, very soon. (Laughter)
MR. CHAIRMAN: That would be the information I have.
MR. MACEWAN: I've heard that too, but I have no idea what soon means.
MR. CHAIRMAN: Mr. MacEwan, I think that would be a brilliant summation of the situation.
AN HON. MEMBER: Sometime after today.
MR. CHAIRMAN: I think we're really spinning our wheels. Unless there is someone else with some other business, with that, I guess we stand adjourned.
[The select committee adjourned at 3:08 p.m.]
