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CANADA


initiative which received most of the media and Parliamentarians’ attention recently was Bill C-38, the Budget Implementation Act (2012). Early each spring, the Minister of Finance tables in the House of Commons the annual budget. Shortly thereafter, a bill or a series of bills is presented with the aim to implement the necessary amendments to


committee were given 20 days to examine the Bill. In the Senate, the Bill has been referred for pre-study to six different parliamentary committees “notwithstanding any normal practice”. The Conservative majority in


both Houses of Parliament leaves no doubt as to the disposition of the Bill, which


should normally be adopted before the 2012 summer recess. However, the opposition vowed to do anything it could to delay its passage. As the Harper government


can, at last, with its majority, succeed in having all of its legislative proposals adopted by Parliament, it also changed


the government’s approach towards private members’ bills. On every sitting day, the House of Commons debated, for one hour, a legislative proposal introduced by a private member. As there was no cap on the number of bills private members could introduce, a complex procedure involving a random draw at the beginning


THIRD READING: BRITISH COLUMBIA


Hon. Rob Nicholson, MP


existing legislation. These budget implementation bills have constantly grown in size, and Bill C-38 was no exception to this trend. The Jobs, Growth and Long-term Prosperity Act (as by its short title) is a 452- page long legislative proposal containing 753 clauses; it aims at amending more than 60 different statutes, some of them have limited or no connection to budgetary matters. It would, for example, increase the retirement age from 65 to 67 years, and implement changes to environmental and immigration law.


The New Democrat Official


Opposition attempted to have the Bill split into different bills according to subjects and have them referred to separate subject-matter parliamentary committees. They did not succeed. In the Commons, the study of the Bill was entrusted in part to a subcommittee of the Standing Committee on Finance, the subcommittee and


Auditor General for Local Government Act The Auditor General for Local Government Act received Royal Assent on 29 March 2012. Appointed for a fixed term of five years, with the possibility of one renewal, the Auditor General for Local Government (AGLG) is selected by the Lieutenant Governor in Council upon recommendations from audit council, a newly formed body responsible for overseeing the work of the office. At the Second Reading stage, the role and


responsibilities of the provincially funded office of the Auditor were outlined. They include: conducting value-for-money audits of local governments, providing objective advice to local governments on how to improve effectiveness, and identifying and reporting on best practices. Under the Act the AGLG will identify the local governments to be audited and, subject to resources, can enter into special agreements with local governments on specific audits. The performance audits will result in public reports containing non-binding recommendations on how local government can maximize efficiency. The Auditor cannot call into question the merits of policy decisions or the objectives of local governments. The performance of the AGLG will be


monitored by an audit council made up of a minimum of five members who are appointed by the Lieutenant Governor in Council in consultation with the Union of BC Municipalities, business representatives, taxpayers and local government professionals.


In Committee Stage debate, Opposition


members voiced concerns about the independence of the AGLG, stated that the new role may be replicating audit requirements already in place. They also questioned the Auditor’s role in assessing local government’s policy decisions. The Act will come into effect by regulation and


will be reviewed five years after coming into force. The positions of the AGLG and audit council were advertised on the BC Public Service website in early 2012 and in April 2012 the first five-member audit council was named.


Metal Dealers and Recyclers Act In the fall of 2011 Canada’s first metal theft law was passed unanimously in the British Columbia House. The Metal Dealers and Recyclers Act were


designed to curb the growing problem metal theft and the serious public safety concerns it raises. It establishes a new regulatory regime for metal dealers and recyclers in the province and introduces tighter controls on scrap metal transactions. Metal dealers are now required to collect


personal information and information on the source of the metal from all metal sellers and this data must be reported daily to local police. Un- registered metal dealers or dealers found in violation of new regulations are subject to administrative penalties or possible jail time. The regulations, released on 8 May 2012, provided for a six-week phase in period and come into effect on 23 July 2012.


The Parliamentarian | 2012: Issue Two | 131


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