1995 Legislative Session: 4th Session, 35th Parliament
The following electronic version is for informational
purposes only.
The printed version remains the official version.
No. 79
OF THE
Thursday, June 15, 1995
2 p.m.
INTRODUCTION OF BILLS
1 Mr. Weisgerber to introduce a Bill intituled The Recall and Initiative Amendment Act.
2 Mr. Neufeld to introduce a Bill intituled Adoption Amendment Act.
3 Mr. Mitchell to introduce a Bill intituled Recall and Initiative Amendment Act, 1995.
4 Mr. Weisgerber to introduce a Bill intituled Free Votes Enabling Act.
5 Mr. Neufeld to introduce a Bill intituled Fixed Election Date Act.
6 Mr. Mitchell to introduce a Bill intituled An Act to Balance the Budget, 1995.
7 Mr. Fox to introduce a Bill intituled Members' Conflict of Interest Amendment Act (Double Dipping) 1995.
8 Mr. Dosanjh to introduce a Bill intituled An Act to Amend the Document Disposal Act.
ORAL QUESTION PERIOD
(15 minutes, afternoon sittings:
Monday, Tuesday, Wednesday, Thursday and, subject to
Standing Order 47B, Friday morning)
PRESENTING PETITIONS
READING AND RECEIVING PETITIONS
PRESENTING REPORTS
MOTIONS ON NOTICE
(See Schedule A)
WRITTEN QUESTIONS ON NOTICE
(See Schedule B)
PROPOSED AMENDMENTS ON NOTICE
29 The Hon. D. Miller to move, in Committee of the Whole on Bill (No. 29) intituled Employment Standards Act to amend as follows:
SECTION 1, in the proposed section 1:
(a) by deleting the definition of "immediate family" and substituting the following:
"immediate family" means
(a) the spouse, child, parent, guardian, sibling, grandchild or grandparent of an employee, and
(b) any person who lives with an employee as a member of the employee's family;
(b) by deleting the definition of "temporary layoff" and substituting the following:
"temporary layoff" means
(a) in the case of an employee who has a right of recall, a layoff that exceeds the specified period within which the employee is entitled to be recalled to employment, and
(b) in any other case, a layoff of up to 13 weeks in any period of 20 consecutive weeks; , and
(c) by deleting the definition of "termination pay" and substituting the following:
"termination pay" means, for each week of notice an employee is entitled to, the amount obtained by totalling the employee's weekly wages, at the regular wage, during the last 8 weeks in which the employee worked normal or average hours of work and dividing the total by 8; .
SECTION 28, in the proposed section 28 (1) by adding the following:
(c.1) the hours worked by the employee on each day, regardless of whether the employee is paid on an hourly or other basis;
(d.1) the employee's gross and net wages for each pay period; .
SECTION 31, in the proposed section 31 by deleting subsection (3) and substituting the following:
(3) An employer must give an employee 24 hours' notice of a change in shift unless
(a) as a result of the change the employee will be entitled to overtime wages, or
(b) the shift is extended before it ends.
SECTION 34, in the proposed section 34 (2) (a) and (b) and (3) by deleting "regular rate" and substituting "regular wage".
SECTION 38, in the proposed section 38 by deleting paragraph (d) and substituting the following:
(d) has been approved by a trade union representing the affected employees.
SECTION 45, by deleting the proposed section 45 and substituting the following:
Statutory holiday pay
45 An employee who is given a day off on a statutory holiday or instead of a statutory holiday must be paid the following amount for the day off:
(a) if the employee has a regular schedule of hours and the employee has worked or earned wages for at least 15 of the last 30 days before the statutory holiday, the same amount as if the employee had worked regular hours on the day off;
(b) in any other case, an amount calculated in accordance with the regulations.
SECTION 50, in the proposed section 50 (1) by deleting paragraphs (a) and (b) and substituting the following:
(a) beginning no earlier than 11 weeks before the expected birth date, and
(b) ending no earlier than 6 weeks after the actual birth date unless the employee requests a shorter period.
SECTION 54, by deleting the proposed section 54 and substituting the following:
Duties of employer
54 (1) An employer must give an employee who requests leave under this Part the leave to which the employee is entitled.
(2) An employer must not, because of an employee's pregnancy or a leave allowed by this Part,
(a) terminate employment, or
(b) change a condition of employment without the employee's written consent.
(3) As soon as the leave ends, the employer must place the employee
(a) in the position the employee held before taking leave under this Part, or
(b) in a comparable position.
(4) If the employer's operations are suspended or discontinued when the leave ends, the employer must, subject to the seniority provisions in a collective agreement, comply with subsection (3) as soon as operations are resumed.
SECTION 55, in the proposed section 55 by deleting "section 54" and substituting "section 54 (2) to (4)".
SECTION 62, by deleting the proposed section 62 and substituting the following:
Definition
62 In this Part, "week of layoff" means a week in which an employee earns less than 50% of the employee's weekly wages, at the regular wage, averaged over the previous 8 weeks.
SECTION 63, in the proposed section 63 (4) by deleting paragraph (a) and substituting the following:
(a) totalling all the employee's weekly wages, at the regular wage, during the last 8 weeks in which the employee worked normal or average hours of work, .
SECTION 70, in the proposed section 70 by deleting subsection (4) and substituting the following:
(4) An amount received in trust by the director earns interest at the prescribed rate from the date the amount is deposited in a savings institution to the date of payment to the person entitled.
SECTION 87, in the proposed section 87 by deleting subsection (1) and substituting the following:
(1) Despite any other Act, unpaid wages constitute a lien, charge and secured debt in favour of the director, dating from the time the wages were earned, against all the real and personal property of the employer or other person named in a determination or order, including money due or accruing due to the employer or other person from any source.
SECTION 88, in the proposed section 88:
(a) by deleting subsection (2) and substituting the following:
(2) No interest accumulates under subsection (1) from the date a determination is made under section 79 requiring payment of the wages or other amount until 23 days after that date.
(b) by deleting subsection (5) and substituting:
(5) An amount collected under this Part, or deposited under section 113 earns interest at the prescribed rate, payable by the Minister of Finance and Corporate Relations, from the date the amount is deposited in a savings institution to the date of payment to the person entitled. , and
(c) by adding the following subsection:
(6) Subsection (5) does not apply to any security provided or bond posted under section 100.
SECTION 119, in the proposed section 119 (1) by deleting "a another" and substituting "another".
29 Mr. Wilson to move, in Committee of the Whole on Bill (No. 29) intituled Employment Standards Act to amend as follows:
SECTION 22 (2),
The director may authorize, on written advice from the employee, an assignment of wages for a purpose that the director considers is for the employee's benefit.
SECTION 56.1, by adding the following section:
56.1 (1) If the leaves' provisions of a collective agreement meet or exceed the requirements of this Part, those provisions replace the requirements of this Part for the employees covered by the collective agreement.
(2) If the leaves' provisions of a collective agreement do not meet or exceed the requirements of this Part,
(a) the requirements of this Part are deemed to form part of the collective agreement and to replace those provisions, and
(b) the grievance provisions of the collective agreement apply for resolving any dispute about the application or interpretation of those requirements.
29 Ms. Tyabji to move, in Committee of the Whole on Bill (No. 29) intituled Employment Standards Act to amend as follows:
SECTION 30,
A producer and a farm labour contractor are jointly and separately liable for wages earned by an employee of the farm labour contractor for work done on behalf of the producer, except where there is tangible evidence that wages have been paid from the producer to the farm labour contractor in which case the farm labour contractor is solely liable.
SECTION 42 (3) (b), strike the words "agreed by the employer and the employee" and replace them with "requested by the employee which does not result in any undue disruption of work."
SECTION 42 (4), in this paragraph, replace "6 months" with "1 year".
SECTION 50 (1), by adding "ending no sooner than 1 week after the actual birth date, at the discretion of the employee." to the end of this paragraph and repealing paragraphs (1) (a) and (1) (b).
SECTION 51, replace paragraph (a) with the words "for a birth mother or father, after the child's birth and within 52 weeks after that event, and" and strike paragraph (b).
41 The Hon. J. MacPhail to move, in Committee of the Whole on Bill (No. 41) intituled Child, Family and Community Service Amendment Act, 1995 to amend as follows:
SECTION 16, by deleting the proposed section 16 and substituting the following:
16 Section 103 (2) is amended
(a) in paragraph (e) by striking out "(notice of presentation hearing)",
(b) in paragraph (f) by striking out everything after "Part 3",
(c) in paragraph (n) by striking out "section 77 (5)" and substituting "section 76 (5)", and
(d) by adding the following paragraph:
(p.1) governing reviews under section 93 (3); .
44 The Hon. E. Cull to move, in Committee of the Whole on Bill (No. 44) intituled Securities Amendment Act (No. 2), 1995 to amend as follows:
SECTION 17, in the proposed section 30 (3) (a) by deleting "a person described in subsection (2) (a), (b), (c) or (d)," and substituting "a person described in subsection (2) (a), (b), (c), (d) or (f),".
SECTION 22, in the proposed section 36.1 (1) by deleting "on behalf of the issuer or security holder" after "is engaged".
SECTION 45, in the proposed section 144 (1) (b) by deleting "securities or exchange contracts" and substituting "security or exchange contract".
47 The Hon. J. MacPhail to move, in Committee of the Whole on Bill (No. 47) intituled Child, Youth and Family Advocacy Amendment Act, 1995 to amend as follows:
SECTION 3 (b), in the proposed subsection (3) by deleting "subsections (4) to (7)" and substituting "subsections (4) to (6)".
COMMITTEE OF SUPPLY
Report of Resolutions passed in Committee of Supply.
SECTION A: 20th and 24th of April, 2nd and 9th of May, 1st, 6th, 7th, 12th and 13th of June.
SECTION B: 26th of April and 25th of May.
Summary of completed Estimates of Ministry of Small Business, Tourism and Culture completed in Section A.
Summary of completed Estimates of Ministry of Women's Equality completed in Section A.
Summary of completed Estimates of Ministry of Energy, Mines and Petroleum Resources completed in Section A.
URGENT GOVERNMENT BUSINESS
(Friday only)
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
COMMITTEE
ADJOURNED DEBATE ON SECOND READING
SECOND READING
PRIVATE BILLS
PRIVATE MEMBERS' STATEMENTS
(Friday only)
PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS
SECOND READING
ADJOURNED DEBATE ON OTHER MOTIONS
E. GEORGE MacMINN, Q.C.
Clerk of the Legislative Assembly
Schedule A
MOTIONS ON NOTICE
Text is contained in the Order Paper of the Morning Sitting of this date.
Schedule B
WRITTEN QUESTIONS ON NOTICE
Text is contained in the Order Paper of the Morning Sitting of this date.
Schedule C
MEETINGS OF COMMITTEES
SELECT STANDING COMMITTEE ON PUBLIC ACCOUNTS
The Committee will meet from 8 o'clock a.m. to 9.30 o'clock a.m. on Tuesdays (until further notice), in the Douglas Fir Room (Room 226).
Business: Matters referred to Committee.
Mr. Gingell, Chair
Ms. Hagen, Deputy Chair
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