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Ontario Government's
New ODA Bill 125
Ontario Hansard Thursday, November 8, 2001

ORDER OF BUSINESS

Mr Tony Martin (Sault Ste Marie): Mr Speaker, I rise today on a
point of order related to standing orders 1(b) and 69(a).

Late yesterday evening the NDP caucus staff were informed of the
government's plan to call second reading debate of Bill 125, the
Ontarians with Disabilities Act, under orders of the day this
afternoon. While there is no obligation on the part of the
government to advise the opposition parties of House business in
advance, it is a courtesy they have regularly extended to us in
order to facilitate the democratic functioning of this House. I
believe there are two strong procedural reasons why you should not
allow the government to call Bill 125 this afternoon.

I would like to point out that their decision to call Bill 125
today contravenes standing order 69(a), which clearly states that
"a bill shall not be called until the bill has been printed and
distributed and marked PRINTED on the Orders and Notices paper."
This requirement has not been met, and so I respectfully ask that
you not allow debate to proceed on Bill 125 this afternoon.

Mr Speaker, I would also like to draw your attention to standing
order 1(b) as it relates to my greater concern about how quickly
the government has moved to debate Bill 125. I refer specifically
to the provision in the standing order that respects the
democratic rights of members as they relate to motions,
resolutions and bills for the consideration of the assembly.

For years this government has been promising people with
disabilities in Ontario that they would be consulted --

The Speaker (Hon Gary Carr): Order. Let me interrupt the member
right there on the point of order.

I have had an opportunity to look at the point of order. The rest
of what he is doing is debate.

Let me say very clearly I take points of order very seriously; I
have since the beginning. But unfortunately on some occasions
members have used points of order to debate in this House. I have
copies of what he's going to say, and clearly pages 2 and 3 are
debate. If I allow that, what happens is other members begin to
take it up.

By bending over backwards and allowing points of order in the past
-- in fact, what you're doing here today on pages 2 and 3 is
nothing more than debate. You have opportunities at question period
and you have opportunities in ministerial statements as well as
during the debate on the bill.

I must say very clearly to all members that I have been lenient in
that regard, and some members -- and unfortunately it's the member
who is up right now -- have abused that, and I cannot tolerate any
more. I'm going to be quick to stand up on points of order when
they relate to debate on all sides and stop members
from proceeding when in fact it turns into debate.

On the two points that you have made, let me say very clearly it is
not a point of order. I would refer to Speaker Warner's ruling on
July 7, 1993. The bill has been printed and distributed. With
regard to having been reprinted on the Orders and Notices paper,
Speaker Warner's ruling of July 7 said that it's not a point of
order that the House has proceeded with a bill that has not been
marked "reprinted" as long as the bill has been in fact printed and
distributed, which it has in this case.

The second point that the member was making in terms of
democratic rights and so on was plain and simply nothing more than
debate; it is not a point of order. I must say, as the bill did
relate to the Legislative Assembly, and the staff have had an
opportunity to read it because it does relate to the Legislative
Assembly, the bill is in fact in order.

Again I would say to all members, if you're going to make a point
of order, I would appreciate it if it would be relative to some of
the proceedings in here and not start to slide a little bit into
debate. There are plenty of opportunities for all members to debate
in here. By being lenient, I have allowed some members
extra debate, and I will no longer allow that.

With that, it is not a point of order.