1994 Legislative Session: 3rd Session, 35th Parliament

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The printed version remains the official version.

Nos. 111 and 112

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Thursday, July 7, 1994

Ten o'clock a.m.

Prayers by Mr. Symons.

The House proceeded to "Orders of the Day."

Bill (No. 34) intituled Forest Amendment Act, 1994 was committed.

Mr. Hurd moved two amendments to section 3 of Bill (No. 34) which were defeated, on division.

Section 3 of Bill (No. 34) passed, on division.

Bill (No. 34) was reported complete with amendment, and by leave, read a third time and passed, on division.

Bill (No. 56) intituled Forest Land Reserve Act was committed.

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

Bill to be considered later today.

Bill (No. 53) intituled Pension Statutes Amendment Act, 1994 was read a third time and passed, on division.

And then the House adjourned at 12.33 p.m.

Thursday, July 7, 1994

Two o'clock p.m.

On the motion of Mr. K. Jones, Bill (No. M 218) intituled Protection for British Columbia Heritage Artifacts Act was introduced, read a first time, and Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.

Order called for "Oral Questions by Members."

Mr. M. de Jong rose on a point of order, namely, a possible violation of Standing Order 90 by some Members of the Legislative Assembly.

Further submissions were made.

The Speaker stated that he would take the matter under advisement.

Ms. Tyabji presented a petition regarding chiropractic fees.

By leave, Dr. Perry presented a petition addressed to the Hon. E. Cull and the Hon. M. Sihota regarding a smoking ban in all public places.

The Hon. A. Petter (Minister of Forests) tabled the Ministry of Forests Annual Report, 1992/93.

The Hon. C. Gabelmann (Attorney General), on behalf of the Minister of Transportation and Highways, tabled the Annual Report of the Motor Carrier Commission, 1992/1993.

Mr. Gingell presented the First Report of the Select Standing Committee on Public Accounts for the Third Session of the Thirty-fifth Parliament.

Resolved, That the Report be taken as read and received.

By leave of the House, the Rules were suspended and the Report adopted.

The House proceeded to "Orders of the Day."

On the motion for third reading of Bill (No. 40) intituled Forest Practices Code of British Columbia Act, the House divided.

Motion agreed to on the following division:

Bill (No. 40) read a third time and passed.

Bill (No. 56) intituled Forest Land Reserve Act was again committed.

Section 21 of Bill (No. 56) passed, on division.

Bill (No. 56) was reported complete without amendment, read a third time and passed.

On the motion for second reading of Bill (No. 55) intituled Miscellaneous Statutes Amendment Act (No. 3), 1994, a debate arose.

The debate continued.

The House divided.

Motion agreed to on the following division:

Bill (No. 55) read a second time.

Bill (No. 55) to be referred to Committee of the Whole later today.

The Speaker delivered his reserved decision as follows:

Honourable Members:

Earlier today the Honourable Member for Matsqui rose on a point of order predicated on Standing Order 90 which reads as follows:

"If it shall appear that any person has been elected and returned a Member of this House, or endeavoured so to be, by bribery, or any other corrupt practices, this House will proceed with the utmost severity against all such persons as shall have been wilfully concerned in such bribery or other corrupt practice."

The Honourable Member tabled correspondence, financial statements and a newspaper article and, in conclusion, stated that if the point of order raised was sustained, he would move a motion seeking a referral to the Select Standing Committee on Parliamentary Reform and Ethical Conduct.

The Chair then heard submissions by the House Leader, the Honourable Member for West Vancouver-Garibaldi and the Honourable Member for Powell River-Sunshine Coast. The Honourable Member for West Vancouver-Garibaldi submitted, in effect, that there was no substantive information or finding before the House upon which the Chair could rule as to whether or not Standing Order 90 ought to be invoked as suggested by the Honourable Member for Matsqui.

A careful reading of Standing Order 90 which requires the House to proceed with "utmost severity" against Members and others guilty of grave offences suggests to the Chair that the House must first satisfy itself, by procedures otherwise available to it, that corrupt practices have been conclusively proven. The Chair is of the opinion that the words "if it shall appear" contained in Standing Order 90 must imply and require much more than appearances or perceptions and must be read to mean "if it shall be proven" to the House itself that corrupt practices have occurred, the House must then proceed with severity against the offending persons under Standing Order 90.

Accordingly, the Chair must conclude that Standing Order 90 in and of itself does not confer upon the Honourable Member for Matsqui the opportunity to move, if otherwise in order, a motion of referral to the Select Standing Committee on Parliamentary Reform and Ethical Conduct.

Emery Barnes, Speaker

The Hon. G. Clark advised that the Select Standing Committee to Appoint a Child, Youth and Family Advocate will meet this evening while the House is in Session.

Bill (No. 36) intituled Recall and Initiative Act was committed.

In consideration of a proposed amendment by Mr. Weisgerber on the Order Paper to section 1 of Bill (No. 36), the Committee divided.

The amendment was defeated on the following division:

Mr. Campbell moved an amendment to section 1 of Bill (No. 36) which was defeated on the following division:

Section 1 of Bill (No. 36) passed, on division.

A proposed amendment by Mr. Weisgerber on the Order Paper to section 3 of Bill (No. 36) was defeated, on division.

Mr. Dalton moved an amendment to section 3 of Bill (No. 36) which was defeated, on division.

Section 3 of Bill (No. 36) passed, on division.

A proposed amendment by Mr. Weisgerber on the Order Paper to section 4 of Bill (No. 36) was defeated, on division.

In consideration of section 4 of Bill (No. 36), the Committee divided as follows:

A proposed amendment by Mr. Weisgerber on the Order Paper to section 6 of Bill (No. 36) was defeated, on division.

Section 6 of Bill (No. 36) passed, on division.

A proposed amendment by Mr. Serwa on the Order Paper to section 7 of Bill (No. 36) was defeated, on division.

Mr. Dalton moved an amendment to section 7 of Bill (No. 36) which was defeated, on division.

Mr. Weisgerber moved an amendment to section 7 of Bill (No. 36) which was defeated, on division.

Section 7 of Bill (No. 36) passed, on division.

Mr. Campbell moved an amendment to section 14 of Bill (No. 36) which was defeated, on division.

A proposed amendment by Mr. Weisgerber on the Order Paper to section 14 of Bill (No. 36) was defeated, on division.

In consideration of a proposed amendment by Mr. Serwa on the Order Paper to section 15 of Bill (No. 36), the Committee divided.

The amendment was defeated on the following division:

Mr. Campbell moved an amendment to section 15 of Bill (No. 36) which was defeated, on division.

In consideration of section 15 of Bill (No. 36), the Committee divided as follows:

Section 16, as amended, passed on division.

Mr. Campbell moved an amendment to section 17 of Bill (No. 36) which was defeated, on division.

Mr. Campbell moved an amendment to section 18 of Bill (No. 36) which was defeated, on division.

Mr. Campbell moved an amendment to section 19 of Bill (No. 36) which was defeated, on division.

Section 19 passed, on division.

A proposed amendment by Mr. Weisgerber on the Order Paper to section 20 of Bill (No. 36) was defeated, on division.

In consideration of a proposed amendments by Mr. Weisgerber on the Order Paper to section 23 of Bill (No. 36), the Committee divided.

The amendments were defeated on the following division:

Jarvis Kasper

Mr. Campbell moved an amendment to section 23 of Bill (No. 36) which was defeated, on the following division:

Sections 23 and 24 of Bill (No. 36) passed, on division.

In consideration of a proposed amendment by Mr. Weisgerber on the Order Paper to section 25 of Bill (No. 36), the Committee divided.

The amendment was defeated on the following division:

Mr. Dalton moved an amendment to section 25 of Bill (No. 36) which was defeated, on division.

Section 29 of Bill (No. 36) passed, on division.

A proposed amendment by Mr. Weisgerber on the Order Paper to section 30 of Bill (No. 36) was defeated, on division.

Mr. Weisgerber moved an amendment to section 30 (4) of Bill (No. 36) which was defeated, on division.

In consideration of the motion that the Committee rise and report the Bill complete with amendment, the Committee divided.

Motion agreed to on the following division:

Bill (No. 36) was reported complete with amendment.

On the motion for third reading of Bill (No. 36), the House divided.

Motion agreed to on the following division:

By leave, Bill (No. 36) was read a third time and passed.

Bill (No. 29) intituled Environmental Assessment Act was again committed and reported complete with amendment.

On the motion for third reading of Bill (No. 29), the House divided.

Motion agreed to on the following division:

Bill (No. 29) was read a third time and passed.

The House continued to sit past midnight.

By leave, Bill (No. 55) intituled Miscellaneous Statutes Amendment Act (No. 3), 1994 was committed.

In consideration of section 7 of Bill (No. 55), the Committee divided as follows:

In consideration of section 8 of Bill (No. 55), the Committee divided.

Section passed nemine contradicente on the following division:

Bill (No. 55) was reported complete with amendment, and by leave, read a third time and passed.

The Hon. G. Clark moved that the House at its rising stand adjourned until 11 o'clock a.m. today.

And then the House adjourned at 3.10 a.m.

EMERY BARNES, Speaker

NOTICE OF MOTIONS

Friday, July 8th

Mr. Streifel to introduce a Bill intituled Dual Elected Office Prohibition Act.

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