As Speaker, it is my role to adjudicate between Members on points of order. Rule 12(2) provides that when I have decided points of orders or privileges, my decision is not the subject of debate or appeal.
In reviewing unedited Hansard, page 1005, I note that Mr. Ng asked a question relating to the protection of by-law officers. As Members are aware, by-law areas fall within the jurisdiction of municipalities. Therefore, normally this question would be within the realm of responsibility of the Minister of Municipal and Community Affairs. In an effort to assist the Member for Kitikmeot in getting his question answered, I felt the Minister responsible for the Department of Municipal and Community Affairs would be able to respond to the Member's question. I note also that on page 1005 of the unedited Hansard that the Minister did, in fact, answer the question.
However, on more detailed examination of the question in Hansard, it appeared that the Member was seeking information relating to the legal status of by-law officers, as that legal status pertains to peace officers under the Criminal Code of Canada. As Members are aware, the Criminal Code is a federal statute and, technically speaking, our Minister of Justice has no authority or jurisdiction over it. The issue is one that may cross two Ministers' responsibility.
However, since the Minister of Justice cannot be asked questions that are not a matter he has direct responsibility for, the Member could ask a written question to the Minister of Municipal and Community Affairs because this issue could require a detailed technical and legal response.
The enabling legislation dealing with the appointment of by-law officers falls clearly under the responsibility of the Minister of Municipal and Community Affairs. Therefore, I rule that the Member does not have a point of order.
In addition, yesterday, the honourable Member for Yellowknife North, Mr. Ballantyne, during question period, asked the Minister responsible for the Power Corporation if the Cabinet had approved the 22 per cent low-water surcharge. The Minister answered Mr. Ballantyne's initial question and the Member for Yellowknife North then asked a supplementary question, if the Minister had approved the proposed 22 per cent low-water surcharge.
At that point, I only cautioned the Member on this particular issue and the Member then raised a point of order. I advised the Member that I would take the issue under advisement and review the unedited Hansard. I have now had an opportunity to review the unedited Hansard, page 988 and 989, and am prepared to comment on this matter to the House.
From reviewing Hansard, it is evident that I did not rule the Member's question out of order and, in fact, the Member was able to ask his initial question and three supplementaries. I merely cautioned the Member that this particular issue was before the Public Utilities Board. As Members are well aware, rule 23(g) prohibits reference to any matter before a quasi-judicial or administrative body where any person may be prejudiced in such matter by the reference.
It is the role of the chair to alert Members to the possible application of the sub judice rule so as to ensure that the Members do not cross the boundaries of what is an acceptable question. In making my comments yesterday, I was merely carrying out my responsibility as Speaker, so as to ensure that there is no violation of our rules, intentional or inadvertent. As stated in my earlier ruling on Mr. Ng's point of order, points of orders cannot be raised against a decision of the Speaker. Therefore, the Member for Yellowknife North does not have a point of order.
Item 6, oral questions.