PARLIAMENTARY REPORT


CANADA


THIRD READING: QUÉBEC, CANADA


Between September and December 2015, the National Assembly of Québec passed 17 public bills, including 12 unanimously. The following is an overview of the new legislation pertaining to various fields of State intervention.


Transition Allowance for Members The National Assembly unanimously passed Bill 78, An Act to regulate the granting of transition allowances to Members who resign during their term of office. Under the Act, a Member who resigns during his or her term of office may receive a transition allowance only if the Ethics Commissioner, who is responsible for the administration of the Code of ethics and conduct of the Members of the National Assembly, determines that the resignation is due to a serious family matter or a major health issue affecting the Member or a member of his or her immediate family. If an allowance is granted, it may be reduced by an amount equal to other sources of income the Member receives. The Act is based on one of the recommendations framed in the report of the independent advisory committee chaired by Claire L’Heureux- Dubé, a retired Supreme Court justice. The Committee was established by the Office of the National Assembly in 2013 to make proposals on the employment conditions of Members of the National Assembly. In its report tabled on 29 November 2013, the Committee recommended various legislative and regulatory amendments relating to the indemnities and allowances, accommodation expenses and pension and insurance plans of the Members of the National Assembly. The Committee also stated that its recommendations form a coherent whole and that it would be inappropriate to retain only certain elements. Section 5 makes the coming into force of the measures in the Act retroactive to 12 November 2015, the date on which the bill was tabled in the National Assembly. On the same day, a second bill was tabled to give effect to the other recommendations in the L’Heureux-Dubé report, including that advocating the creation of a permanent independent Committee mandated to


70 | The Parliamentarian | 2016: Issue One


periodically review the employment conditions of the Members of the National Assembly.


Justice


On 18 November 2015, the National Assembly passed Bill 51, An Act mainly to make the administration of justice more efficient and fines for minors more deterrent. The Act amends certain legislative provisions that are under the responsibility of the Minister of Justice and other provisions relating to traffic or toll offences. The Act amends the Courts of Justice Act to facilitate access to justice by enabling the Québec Court of Appeal to hold legal proceedings outside the two larger urban centres (Québec City and Montréal) and thus bring them closer to parties and prosecutors living in other areas. Consequently, a decision rendered in a trial held in a rural community may be appealed in the same place, thus eliminating the need for parties and third persons to travel.


Under an amendment to the Code of Civil Procedure, the Court may exceptionally exempt a party, given its financial situation, from paying the costs prescribed for each hearing day required to try the merits of a case.


Other measures are intended to modernize the administration of justice, in particular, by adapting practices to new technologies. Amendments to the Code of Penal Procedure make the special trial by default procedure applicable to offences evidenced by an automated camera system in penal proceedings deemed uncontested by the defendant.


Lastly, an important aspect of the Act is intended to make the fines imposed on offenders under 18 years of age more deterrent. Consequently, the maximum limit on fines that may be imposed on minors who contravene the Highway Safety Code or the Act respecting off-highway vehicles is raised from $100 to $750.


Tobacco control


Bill 44, An Act to bolster tobacco control, was passed unanimously on 26 November 2015.


The Act restricts tobacco use both in enclosed spaces and outdoors. It prohibits smoking in motor vehicles in which a minor under 16 years of age is present, in outdoor play areas intended for children, on the grounds of vacation camps and at skating rinks that are used by minors, and on restaurant and bar terraces. It also prohibits smoking within a nine-metre radius from any door, air vent or window communicating with enclosed spaces to which the public has admittance.


Under the Act, the restrictions applicable to tobacco products are applied to electronic cigarettes. However, the operator of a specialized retail outlet for electronic cigarettes may display such cigarettes subject to certain conditions, including the condition that they be visible only from the inside of the retail outlet.


Lastly, the retail sale or distribution of tobacco products having a flavour or aroma other than that of tobacco, such as menthol cigarettes, is prohibited.


Tourist accommodation Bill 67, An Act mainly to improve the regulation of tourist accommodation and to define a new system of governance as regards international promotion, was passed unanimously on 1 December 2015. The Act is intended to eliminate illegal accommodation operated by persons who use Internet platforms to provide services without a permit or classification. On receipt of an application for a classification certificate, the Minister of Tourism must verify with the municipality concerned to ensure that the intended use is in conformity with its zoning by-laws. The Minister may entrust certain ministerial powers of inspection to recognized bodies for classification purposes. Under the Act, any person who operates a tourist accommodation establishment without a classification certificate is liable, for a first offence, to a fine of $2,500 to $25,000 in the case of a natural person and $5,000 to $50,000 in other cases. Those amounts may be doubled for a second offence and tripled if the illegal accommodation activities do not cease.


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