1994 Legislative Session: 3rd Session, 35th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.

Nos. 79 and 80

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Tuesday, June 7, 1994

Ten o'clock a.m.

Prayers by Ms. O'Neill.

The Hon. R. Blencoe (Minister of Government Services and Minister Responsible for Sports and Commonwealth Games) made a ministerial statement regarding the confirmation of South Africa's participation in the Commonwealth Games.

Mr. K. Jones made a statement.

Mr. Fox made a statement.

By leave, Mr. Serwa made a statement.

The House proceeded to "Orders of the Day."

The Hon. G. Clark advised that the House will sit Wednesday, pursuant to Standing Order 2 (2).

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Agriculture, Fisheries and Food).

(In the House)

On the motion for second reading of Bill (No. 45) intituled Child, Youth and Family Advocacy Act, a debate arose.

Bill (No. 45) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

On the motion for second reading of Bill (No. 46) intituled Child, Family and Community Service Act, a debate arose.

On the motion of Mr. Anderson, the debate was adjourned to the next sitting of the House.

(In Committee -- Section A)

Section A of Committee of Supply reported progress.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 11.59 a.m.

Tuesday, June 7, 1994

Two o'clock p.m.

The Hon. C. Gabelmann (Attorney General) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

David C. Lam
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 54) intituled Liquor Distribution Amendment Act, 1994 and recommends the same to the Legislative Assembly.

Government House,
June 6, 1994.

Bill introduced and read a first time.

Second reading at the next sitting after today.

The Hon. C. Gabelmann (Attorney General) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

David C. Lam
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 48) intituled Miscellaneous Statutes Amendment Act (No. 2), 1994 and recommends the same to the Legislative Assembly.

Government House,
June 7, 1994.

Bill introduced and read a first time.

Second reading at the next sitting after today.

Order called for "Oral Questions by Members."

Mr. Warnke rose on a matter of privilege relating to the position of a member who has withdrawn from debate pursuant to the Members' Conflict of Interest Act.

The Speaker took the matter under advisement.

The House proceeded to "Orders of the Day."

Order for Committee of Supply called.

Section A of Committee of Supply having reported the last vote of the Estimates of the Ministry of Social Services, debate on those Estimates was summarized, pursuant to Sessional Order of April 6, 1994.

Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Agriculture, Fisheries and Food).

(In the House)

Bill (No. 15) intituled Corporation Capital Tax Amendment Act, 1994 was read a third time and passed.

The House resumed the adjourned debate on the motion for second reading of Bill (No. 46) intituled Child, Family and Community Service Act.

The debate continued.

The House divided.

Motion agreed to on the following division:

Bill (No. 46) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

Bill (No. 12) intituled Library Act was committed.

The Committee rose, reported progress and asked leave to sit again.

Bill to be considered later today.

Bill (No. 52) intituled Public Education Labour Relations Act was committed.

Mr. Wilson moved a proposed amendment to section 1 of Bill (No. 52) as follows:

SECTION 1, be amended to read:

" "Local matters" means terms and conditions of employment other than those designated under Section 7 as Provincial matters."

The amendment was defeated, on division.

Section 1 of Bill (No. 52) passed, on division.

The Committee rose, reported progress and asked leave to sit again.

Bill to be considered later today.

(In Committee -- Section A)

Section A of Committee of Supply reported progress.

Report to be considered later today.

Committee to sit again later today.

The Speaker delivered his reserved decision as follows:

Honourable Members:

On Thursday last, the Honourable Member for Powell River-Sunshine Coast rose on a matter of privilege alleging the Sessional Order adopted by the House on April 6, 1994, which provided for concurrent debates on Estimates and on Legislation in Committee A and in the House, respectively, "denied our privileges by virtue of the fact that the government, contrary to the stated intention of the House Leader, is holding two critical debates concurrently".

I thank the Honourable Member for Delta South and the Government House Leader for their contribution to this matter.

I remind the House that this very issue was raised as a question of privilege on two previous occasions during this Session by the Honourable Member for Powell River-Sunshine Coast and by the Honourable Member for Okanagan East.

In both instances, and I refer Honourable Members to the Journals of April 12, 1994, and May 17, 1994, the Chair could not find a prima facie case of privilege on the same facts.

In his current submission, the Honourable Member did not provide the Chair with new facts which would lead to a different conclusion on the same issue.

While it is important for all Members to participate as much as possible in deliberations of the House and of its Committees, Members must, in a very subjective way, decide in which venue they feel their contributions can be most helpful: in Committee A or in the House.

Any difficulty which Members encounter in this respect is solely due to a scheduling conflict relating to the Member's priorities and is clearly not due to a breach of privilege as alleged by the Honourable Member.

The Government House Leader, recognizing the dilemma that Members may face from time to time with respect to scheduling of House business, has invited Members, and I quote "to canvass with our Government House Leader and we'll try to accommodate his wishes as best we can."

The Chair recognizes and supports Members' democratic rights to raise points of order and matters of privilege but cautions Members that once the Speaker has ruled on a particular issue, the matter is no longer open to discussion, either directly through debate or indirectly through revisiting the same matter in another form.

For the above reasons and for those stated in the Chair's rulings of April 12, 1994, and May 17, 1994, on the same issue, I cannot find a prima facie case of privilege.

Emery Barnes, Speaker

The House recessed for thirty-five minutes.

Thirty-five Minutes past Six o'clock p.m.

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Agriculture, Fisheries and Food).

(In the House)

Bill (No. 52) intituled Public Education Labour Relations Act was again committed.

In consideration of section 2 of Bill (No. 52) the Committee divided as follows:

Sections 3, 4, 5 and 6 of Bill (No. 52) passed, on division.

Ms. Tyabji moved a proposed amendment to section 7 (4) of Bill (No. 52) as follows:

SECTION 7, Subsection (4), be amended to read:

"In subsection (3), 'cost provisions' includes all provisions relating to

(a) salaries.

(b) health and welfare benefits.

(c) class size provisions.

(d) time worked and paid leave that substantially affect the cost of the collective agreement."

The amendment was defeated, on division.

Section 7 passed, on division.

In consideration of section 8 of Bill (No. 52) the Committee divided as follows:

YEAS -- 37
Petter	Miller	Doyle	Lord
Marzari	Cull	Chisholm	Anderson
Pement	Gabelmann	Reid	Warnke
Edwards	MacPhail	Farrell-Collins	K. Jones
Zirnhelt	Ramsey	Hurd	Symons
Charbonneau	Barlee	Stephens	Fox
O'Neill	Blencoe	Weisgerber	Neufeld
Garden	Janssen	Jackson	Brewin
Hammell	Farnworth	Streifel	Krog
B. Jones
NAYS -- 3
Serwa	Wilson		Tyabji

Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, passed on division.

Schedule 1 passed, on division.

An amendment to Schedule 2 passed, on division.

Schedule 2, as amended, passed on division.

Bill (No. 52) was reported complete with amendment.

On the motion for third reading of Bill (No. 52) the House divided.

Motion agreed to on the following division:

YEAS -- 34
Petter	B. Jones	Janssen	Jackson
Marzari	Miller	Farnworth	Streifel
Pement	Cull	Doyle	Lord
Edwards	Gabelmann	Chisholm	Anderson
Zirnhelt	MacPhail	Reid	Warnke
Charbonneau	Ramsey	Farrell-Collins	K. Jones
O'Neill	Barlee	Hurd	Brewin
Garden	Blencoe	Stephens	Krog
Hammell			Lovick
NAYS -- 3
Serwa	Wilson		Tyabji

By leave, Bill (No. 52) read a third time and passed.

(In Committee -- Section A)

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11. Resolved, That a sum not exceeding $291,891 be granted to Her Majesty to defray the expenses of Ministry of Agriculture, Fisheries and Food, Minister's Office, to 31st March 1995.

12. Resolved, That a sum not exceeding $63,090,010 be granted to Her Majesty to defray the expenses of Ministry of Agriculture, Fisheries and Food, Ministry Operations, to 31st March 1995.

13. Resolved, That a sum not exceeding $2,242,819 be granted to Her Majesty to defray the expenses of Ministry of Agriculture, Fisheries and Food, Provincial Agricultural Land Commission, to 31st March 1995.

14. Resolved, That a sum not exceeding $519,380 be granted to Her Majesty to defray the expenses of Ministry of Agriculture, Fisheries and Food, British Columbia Marketing Board, to 31st March 1995.

15. Resolved, That a sum not exceeding $3,000,000 be granted to Her Majesty to defray the expenses of Ministry of Agriculture, Fisheries and Food, Okanagan Valley Tree Fruit Authority, to 31st March 1995.

Section A of Committee of Supply reported the Resolutions.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

By agreement, summary debate of estimates passed in Section A (Ministry of Agriculture, Fisheries and Food) to be considered at the next sitting.

And then the House adjourned at 10.22 p.m.

EMERY BARNES, Speaker

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