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Canadian Conference of the Arts

CCA Bulletin 1/10

January 6, 2010

Parliament's Prorogation:

What does it mean for the arts and culture sector?

 

Just the facts

On December 30, 2009, the Governor General of Canada approved a prorogation which put an end to the second session of Canada’s 40th Parliament.  The Parliament of Canada will be suspended until its return on March 3, 2010 when the Speech from the Throne will be given, followed the next day by the presentation of the 2010 federal budget.

This is the second such prorogation under the 40th Parliament: just a year ago, the government used the same approach to avoid being defeated in the House by a coalition led by the Liberal Opposition. This year, the reasons given by the government for the prorogation include time to consult with Canadians, stakeholders and businesses as it moves into the "next phase" of its economic action plan amid signs of economic recovery. 

Critics of the prorogation claim that purely political reasons are behind the suspension of Parliament. Some claim the goal is to appoint more Conservative members to the Senate of Canada and give the government a majority in the Upper House. Others note that prorogation puts an end to Parliamentary Committee business, which will allow for any investigation into the Afghan detainee issue to be wiped off the news during Vancouver’s upcoming Olympics, ensuring that no political scandals cloud the moment for Canada’s government, when the whole world will be focused on the Games.

At the start of a new session, as long as the House agrees unanimously, a government public bill may be reinstated at the stage it had reached at the time of prorogation, while private member's' bills are automatically reinstated at the same stage. At the time of prorogation, there were none of the former and a handful of the latter that had direct relevance for the arts and culture sector. It is worth pointing out that private members’ bills rarely make it to Royal Assent. The prorogation will therefore not have much of an impact on the arts and culture sector as very little legislation of concern was in front of Parliamentarians.

Thankfully, Bill C-56 passed Royal Assent on December 15, thus completing its legislative cycle. This act amends the Employment Insurance Act and other acts by establishing a scheme to provide for the payment of special benefits to self-employed persons who are not currently entitled to receive them. This will benefit artists and other cultural practitioners seeking benefits, maternity leave, parental/adoptive benefits, sickness benefits and compassionate care benefits. Go here for more details.

Tell me more

In the Senate, public Bill S-201  was introduced by Senator Jerry Grafstein. This bill sought to amend the Library and Archives of Canada Act, to create a National Portrait Gallery in the former American Embassy in Ottawa, as originally planned by the government of Jean Chrétien. Similar bills were introduced in June and November 2008. This latest version reached its second reading and had been sent for Committee review. Since Senator Grafstein retired on January 2, having reached his 75th birthday, supporters of the National Portrait Gallery project can only hope that another Parliamentarian will pick up the cause. Senator Grafstein’s bill will go back to square one in the Senate, but with the Government gaining control of the Upper House, it is unlikely to go anywhere.

Some private members' bills relevant to the arts and culture sector in process in the second session of the 40th Parliament include:

  • C-206, An Act to amend the Excise Tax Act, introduced by MP Paul Dewar (Ottawa Centre), passed first reading in the House of Commons almost a year ago (January 26, 2009). This bill seeks to amend the Excise Tax Act to eliminate the goods and services tax on the sale of books and pamphlets. Four similar bills have been introduced since November 2005 and have all died on the Order Paper.
  • C-318, An Act to amend the Employment Insurance Act (self-employed artists and authors), had had its first reading in the House of Commons (February 12, 2009). It was introduced by MP Tony Martin (Sault Ste. Marie). The purpose of this enactment is to allow self-employed artists and authors to participate in the employment insurance scheme and obtain such advantages as maternity, parental and sickness benefits and access to publicly funded training programs. With the proclamation of Bill C-56 (see above), it is more than likely that this bill, will not get any further.
  • C-444,   An Act to amend the Broadcasting Act and the Telecommunications Act, was placed on the Order of Precedence in the House of Commons (November 2, 2009) by Nicolas Dufour (Repentigny). This enactment would amend the Broadcasting Act and the Telecommunications Act so that the Quebecois national identity is reflected in the Canadian broadcasting and telecommunications policies. A similar bill had reached the same stage in June 2008, only to die on the Order Paper when the federal election was called in September of that year.

What can I do?

Other forms of Parliamentary business are also on hold until March 3. The All-Party Arts Caucus which was to meet on February 4, 2010 will now have to re ignite its energy when the House returns in March.  In the meantime, you can contact your MP while at home in his/her constituency to encourage him/her to join the Arts Caucus. You can also contact current members of the Arts Caucus to express your support for their work.