Emergency powers top agenda
P.E.I. to see all 27 MLAs take their seats in emergency legislature sitting today
P.E.I. has been the only province without a sitting of its legislature since the beginning of the COVID-19 pandemic.
This will change this afternoon, as all 27 MLAs will take their physically distanced seats inside the legislative chambers. The sitting is expected to be brief, likely lasting only two or three days, and will focus on emergency matters.
Media and the public will be absent from the chambers, with media scrums planned for outside the Coles Building.
As with all political matters across the country, the coronavirus will figure prominently in the agenda for Tuesday’s sitting.
A proposed amendment to the province’s Emergency Measures Act has prompted criticism from the Opposition
Greens in recent days. The amendment would allow cabinet power to change almost any piece of legislation during a state of emergency without recalling the legislature. The amendment would also continue these powers up to 90 days after the state of emergency is rescinded.
A similar amendment is proposed for the Public Health Act, which would relate to a state of public health emergency. Premier
Dennis King has said there are hundreds of small legislation hurdles that have made it difficult to quickly react to the pandemic.
The Greens have said the amendments amount to a dangerous over-reach and could allow virtually unchecked power. As P.E.I. has a minority government, the proposed changes would require support from either some Green or some Liberal MLAs to pass.
The governing PCs have also introduced an amendment to the Employment Standards Act, expected to allow for sick leave for workers forced to quarantine in case of travel or infection with the COVID-19 virus. In addition, the government is expected to provide an update to spending resulting from the pandemic, including government relief programs for workers and businesses rolled out since March.
The Opposition has proposed its own amendments to the Emergency Measures Act. These amendments would allow cabinet to alter laws during a state of emergency but would place heavier limits on these powers. The amendment lists 14 pieces of legislation that would be exempt from emergency changes, including the Lands Protection Act, the Human Rights Act and the Audit Act. The Opposition amendments would also limit cabinet from reducing services or government payments, from reducing environmental standards or from weakening worker rights legislation.
In addition, the Opposition amendment would allow a vote by the legislative assembly to “disallow” a state of emergency or its renewal.
“Basically it’s reinstating the supremacy, the primary of the legislative branch over the executive branch when it comes to the extensions on the state of emergency,” Bevan-Baker said in an interview.
The Greens have three other bills they plan to introduce. An amendment to the Employment Standards Act would extend whistleblower protections for private sector workers, while another amendment to tenancy legislation would give the Island Regulatory and Appeals Commission more power related to appeal timelines and suspending evictions in special circumstances.
An Opposition amendment to the Audit Act would allow the auditor general to look into third parties who receive government funds. The King government has announced the auditor general will be reviewing government relief programs announced during the pandemic.
The Liberal Third Party plans to introduce three bills for consultative purposes. This means the bills may not come up for debate.
One is an amendment to the Lands Protection Act while another is an amendment to the Education Act. A third bill is entitled the Winter Wellness Day Act.
MLAs will be tasked with appointing three key watchdogs – the auditor general, the information and privacy commissioner and the child and youth advocate. The appointments will require support from two-thirds of MLAs.
Another sitting is tentatively planned later in June, which will likely involve the introduction of the government’s 2020-21 budget.