1995 Legislative Session: 4th Session, 35th Parliament


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


No. 78

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia


Wednesday, June 14, 1995


Two o'clock p.m.

Prayers by Mr. Neufeld.

Mr. Gingell advised the House of the death of Mr. Robert Wenman, a former Member of the Legislative Assembly.

The Speaker stated that he would convey to the family of the late Mr. Wenman the condolences of the Members of the Legislative Assembly.

The Hon. E. Cull (Minister of Finance and Corporate Relations) made a ministerial statement with regard to the status of an investigation under the Society Act into the Nanaimo Commonwealth Holding Society, and tabled correspondence between herself and the Attorney General's Ministry.

Mr. Dalton made a statement.

Mr. Weisgerber made a statement.

Mr. Mitchell sought leave to make a statement.

Leave was not granted.

Mr. Wilson sought leave to make a statement.

Leave was not granted.

Order called for "Oral Questions by Members."

Upon the Member for Delta South disregarding a direction of the Chair to withdraw an unparliamentary expression, the Chair ordered him to withdraw from the House for the balance of the day's sitting.

Mr. K. Jones presented a petition from British Columbia Teachers for Life.

The House proceeded to "Orders of the Day."

Section A of Committee of Supply having reported the last vote of the Estimates of the Ministry of Health and Ministry Responsible for Seniors, debate on those Estimates was summarized, pursuant to Sessional Order of April 10, 1995.

Section A of Committee of Supply having reported the last vote of the Estimates of the Ministry of Skills, Training and Labour, debate on those Estimates was summarized, pursuant to Sessional Order of April 10, 1995.

Section A of Committee of Supply having reported the last vote of the Estimates of the Ministry of Municipal Affairs, debate on those Estimates was summarized, pursuant to Sessional Order of April 10, 1995.

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. 34) intituled Offence Amendment Act, 1995 was committed.

Ms. Tyabji moved an amendment to section 1 of Bill (No. 34) which was defeated on the following division:

YEAS -- 13

Dalton Wilson Symons Fox
Warnke Tyabji van Dongen Neufeld
Hurd Jarvis de Jong Chisholm
Hanson

NAYS -- 39

Petter Garden Gabelmann Jackson
Dosanjh Perry Ramsey Streifel
Marzari Hagen Barlee Boone
Pement Kasper Pullinger Hartley
Priddy Lortie Sihota Lali
Edwards Giesbrecht Randall Schreck
Cashore Miller Beattie Copping
Zirnhelt Smallwood Farnworth Brewin
Charbonneau Cull Doyle Krog
O'Neill Harcourt Janssen

Bill (No. 34) was reported complete without amendment, read a third time and passed.

Bill (No. 13) intituled Mineral Tenure Amendment Act, 1995 was again committed.

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 decisions as follows:

Honourable Members:

On Friday last during Private Members' Statements, the Speaker had to intervene on more than one occasion to remind Honourable Members about the spirit and intent of Standing Order 25a which provides us with the authority for Private Members' Statements. At the conclusion of Private Members' Statements, the Honourable Member for North Vancouver-Seymour rose on a point of order suggesting that the rules had been transgressed by Members using partisan attacks which prompted reciprocation in kind.

The Government House Leader spoke to the same point of order and made the distinction between public policy matters which were of a political nature and the desirability of presenting those issues in a non-partisan way.

The Chair has also reviewed the comprehensive decision relating to Private Members' Statements of July 2, 1992. It seems to the Chair that the essence of that decision is as follows:

"In reviewing the practice of this House, however, highly partisan remarks that negatively reflect on individual Members or groups of Members in the House have not been regarded as falling within the spirit and intent of Standing Order 25a."

In considering the comments of both the Honourable Member for North Vancouver-Seymour and the Government House Leader, it seems as if the principle above quoted continues to be the general wish of this House and to paraphrase the point made by the Government House Leader it seems to the Chair it is quite possible to express a party's position on political issues or policy matters without indulging in personal attacks on individual Members or groups of Members in the House.

I would ask that all Honourable Members be guided by these principles on Private Members' Day.

Emery O. Barnes, Speaker

Honourable Members:

At the close of proceedings yesterday the Honourable Member for Powell River-Sunshine Coast rose on what he described as a matter of privilege relating to proceedings in Section A of Committee of Supply constituted under the Sessional Order of this House dated April 10, 1995.

The substance of the Honourable Member's complaint was that he had not had an opportunity to speak to the Estimates of the Ministry of Municipal Affairs which were called, considered and concluded last evening.

The Chair also heard representations from the Government House Leader, the House Leader of the Official Opposition, the Honourable Member for Okanagan East and the Honourable Member for Peace River North and has considered all submissions with great care.

Firstly, a perusal of yesterday's Blues confirms that prior to the House recessing at 6:09 p.m. the Government House Leader announced to the House that Committee A would be considering the Estimates of the Ministry of Municipal Affairs upon its return from recess at 6:45 p.m., and as this announcement followed immediately upon the heels of a division in the House, the Chair notes that most Members were present.

After the recess the House resumed at 6:50 p.m. at which time the Honourable Minister of Municipal Affairs, acting as House Leader, advised the House that Committee of Supply would be sitting in Section A debating the Estimates of the Ministry of Municipal Affairs.

From this point on, until the House receives a report from Section A, the Speaker quite properly has no knowledge of what transpires in a Committee of the House, nor are matters which occurred in the Committee of the House properly within the domain of the Speaker, unless such matters are brought to the House by way of a report from the Committee itself.

At the conclusion of last evening's sitting, Section A of Committee of Supply reported Resolutions in the normal manner and it was after this report was received by the House and the Committee given permission to sit again, that the Honourable Member for Powell River-Sunshine Coast raised his matter of privilege.

A careful examination of the Hansard report of proceedings in the House does not disclose any irregularity.

Furthermore, no report was tendered to or received by this House from the Committee dealing with the Estimates of the Ministry of Municipal Affairs apart from the perfectly normal report of Resolutions with a request for leave to sit again.

It is relevant I think at this point to refer Honourable Members to a decision of this House recorded in the Journals of April 12, 1994, which examined this whole matter in considerable detail. I quote in part from that decision:

"The substitution rules are designed in such a way to prevent any Member being denied access to any Estimate he or she chooses to debate. As with debates in the House or any Committee thereof, it is incumbent on the Member seeking to be heard to be present and to conform to the rules as interpreted by the Presiding Officer."

The record not disclosing any irregularity and in the absence of the Committee's report bringing irregularities to the Chair's attention, I must rule that the matter of privilege raised by the Honourable Member for Powell River-Sunshine Coast cannot succeed.

Emery O. Barnes, Speaker

The House recessed for thirty 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 Forests).

(In the House)


Bill (No. 13) intituled Mineral Tenure Amendment Act, 1995 was again committed.

In consideration of a proposed amendment by Ms. Tyabji on the Order Paper to section 2 of Bill (No. 13), the Committee divided.

The amendment was defeated on the following division:

YEAS -- 14

Dalton Serwa Jarvis van Dongen
Warnke Mitchell Symons Fox
Hurd Tyabji K. Jones Neufeld
Hanson Tanner

NAYS -- 29

Petter

Kasper

Pullinger

Streifel

Priddy

Lortie

Sihota

Boone

Edwards

Giesbrecht

Randall

Hartley

Cashore

Miller

Beattie

Lali

Charbonneau

Smallwood

Doyle

Schreck

Garden

Gabelmann

Janssen

Brewin

Perry

Barlee

Jackson

Krog

Hagen

Section 2 of Bill (No. 13) passed, on division.

In consideration of a proposed amendment by Ms. Tyabji on the Order Paper to section 4 (a) of Bill (No. 13), the Committee divided.

The amendment was defeated on the following division:

YEAS -- 12

Dalton Serwa Jarvis van Dongen
Warnke Mitchell Symons de Jong
Hurd Tyabji K. Jones Chisholm

NAYS -- 31

Petter

 Hagen

 Sihota

 Neufeld

Priddy

 Kasper

 Randall

 Boone

Edwards

 Hammell

 Beattie

 Hartley

Cashore

 Lortie

 Farnworth

 Lali

Charbonneau

Giesbrecht

 Doyle

 Schreck

O'Neill

 Miller

 Jackson

 Brewin

Garden

 Ramsey

 Streifel

 Krog

Perry

 Pullinger

 Fox

A proposed amendment by Ms. Tyabji on the Order Paper to section 4 (c) of Bill (No. 13) was defeated, on division.

In consideration of section 4 of Bill (No. 13) the Committee divided as follows:

YEAS -- 30

Petter Perry Pullinger Streifel
Priddy Kasper Sihota Boone
Edwards Hammell Randall Hartley
Cashore Lortie Beattie Lali
Zirnhelt Miller Farnworth Schreck
Charbonneau Ramsey Doyle Brewin
O'Neill Barlee Jackson Krog
Garden Lovick

NAYS -- 16

Dalton   Hanson   Jarvis   de Jong
Warnke   Serwa   Symons   Fox
Farrell-Collins   Tyabji   K. Jones   Neufeld
Hurd  Tanner  van Dongen  Chisholm

Mr. Fox moved an amendment to section 7.1 (2) contained within section 5 of Bill (No. 13) which was defeated, on division.

In consideration of section 11 of Bill (No. 13) the Committee divided as follows:

YEAS -- 33

Petter Hagen Ramsey Jackson
Priddy Kasper Barlee Streifel
Edwards Hammell Pullinger Boone
Cashore Lortie Sihota Hartley
Zirnhelt Giesbrecht Randall Lali
Charbonneau Miller Beattie Schreck
O'Neill Cull Farnworth Brewin
Garden Gabelmann Doyle Krog
Perry

NAYS -- 16

Dalton

 Hanson

 Tyabji

 van Dongen

Warnke

 Serwa

 Tanner

 de Jong

Farrell-Collins

 Mitchell

 Jarvis

 Neufeld

Hurd

 Wilson

 K. Jones

 Chisholm

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

Bill to be considered at the next sitting.

(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 10.09 p.m.

EMERY O. BARNES, Speaker


NOTICE OF BILLS

Friday, June 16

Mr. Chisholm to introduce a Bill intituled An Act to Introduce a Minimum Ethanol Component for Gasoline.


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