1995 Legislative Session: 4th Session, 35th Parliament

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

No. 100

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Monday, July 10, 1995

Two o'clock p.m.

Prayers by Mr. Krog.

The Hon. P. Ramsey tabled the British Columbia Health Research Foundation Annual Report, 1994-1995.

On the motion of Mr. Campbell, Bill (No. M 215) intituled Recall and Initiative Amendment 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.

On the motion of Ms. Stephens, Bill (No. M 216) intituled Education As An Essential Services 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.

On the motion of Mr. Anderson, Bill (No. M 217) intituled Donation of Food 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."

By leave, Mr. Neufeld tabled a document referred to during Oral Question Period.

Mr. Wilson presented a petition.

Mr. van Dongen presented a petition.

Mr. Mitchell asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely, the crisis in British Columbia's salmon fishery.

The Hon. C. Gabelmann made representations.

Mr. Farrell-Collins made representations.

Mr. Weisgerber made representations.

By leave, Mr. Wilson made representations.

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

Mr. Serwa asked leave to move a motion.

The Speaker ruled that a Private Member could not ask leave to move a motion when the House was not engaged upon the business of Motions.

The Speaker delivered his reserved decision as follows:

Honourable Members:

On Friday last the Honourable Member for West Vancouver- Garibaldi raised two matters as points of order for consideration by the Chair. First, the Honourable Member seeks a ruling that the proceedings in the House relating to Bill No. 55 -- Miscellaneous Statutes Amendment Act (No. 3), 1995, are invalid by reason of Section 2 of the Members' Conflict of Interest Act, and second, that the Chair ought to exercise its discretion in order that Section 21 of Bill No. 55 be severed and considered as if it were a bill separate and apart from the remaining sections of the Bill.

Section 2 of the Members' Conflict of Interest Act cited by the Honourable Member provides that Members of the Assembly cannot exercise official powers or perform official duties when their private interests are involved. Therefore, the Honourable Member suggests all Members were in a position of conflict when voting on Section 21 of Bill No. 55, which affects certain pension entitlements of Members which in turn are in the Members' private interests. In this respect, the Chair notes that Section 1, the Interpretation section of the Members' Conflict of Interest Act, provides that "private interest" does not include an interest arising from the remuneration and benefits of a Member . . . of the Legislative Assembly.

This, however, is an issue to be determined by the Confict of Interest Commissioner, to whose attention the Honourable Member has conveyed his concern by letter dated July 7, 1995, and in any event as previously ruled in a Speaker's decision of this House (Journals, April 11, 1916, page 88) the Speaker cannot be called upon to express a legal opinion or statutory interpretation.

On the second point raised by the Honourable Member asking the Chair to divide Section 21 of Bill No. 55 from the rest of that Bill, it appears to the Chair that while the Speaker may, on the application of a Member, divide a motion containing two distinct and separate propositions (May, 16th edition, page 412), I have considerable doubt whether or not the practice in respect of motions has extended itself into a practice in respect of bills. In similar circumstances, Speaker Jerome, House of Commons (Ottawa), Journals, May 11, 1977, at page 5522 stated in referring to a previous decision:

"His decision is crystal clear, and there can be no doubt that a motion containing two or more substantive provisions is quite distinct from a procedural motion or a motion which is generally described as having only the effect of dealing with the progress of a bill. The practice in respect of substantive motions has never been extended to those motions which relate to the progress of a bill. The use of the omnibus amending bill is well enshrined in our practice. Nor can I find any authority which would support an order of the Chair at this second reading stage that the bill be divided."

I have examined with care the authorities cited by the Honourable Member in his presentation and, with great respect, those deal in the main with instructions to a committee and do not support the proposition urged upon the Chair by the Honourable Member.

In any event, even if there existed any foundation for the Chair to intervene, the Honourable Member's application to the Chair for an order of severance ought to have been made before completion of proceedings on second reading of the Bill.

Objections similar to that of the Honourable Member for West Vancouver-Garibaldi have frequently been made in this House as well as in other jurisdictions to so-called "omnibus bills" containing within them numerous distinct principles relating to different statutes, but such objections have been consistently rejected essentially on the grounds that in committee stage the sections of Miscellaneous Statutes Amendment Bills have, by practice, been treated as if each section in itself constitutes a separate bill.

It is the House, and not the Speaker, that must determine the content and form of omnibus bills if the long-standing practices of the House relating thereto are to be altered or abandoned.

I therefore rule that the Honourable Member's points of order must be rejected on the basis of the precedents to which I have referred.

Emery O. Barnes, Speaker

The House proceeded to "Orders of the Day."

On the motion for second reading of Bill (No. 54) intituled An Act to Protect Medicare, a debate arose.

On the motion of the Hon. C. Gabelmann, the debate was adjourned until later today.

The Hon. D. Miller (Minister of Skills, Training and Labour) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

Garde B. Gardom
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 56) intituled Workers Compensation Amendment Act, 1995 and recommends the same to the Legislative Assembly.

Government House,
July 10, 1995.

Bill introduced and read a first time.

Bill Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.

The House resumed the adjourned debate on the motion for second reading of Bill (No. 54) intituled An Act to Protect Medicare.

The debate continued.

The House divided.

Motion agreed to on the following division:

Bill (No. 54) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

The house recessed for forty-five minutes.

Seventeen Minutes past Seven o'clock p.m.

Bill (No. 28) intituled Election Act was again committed.

In consideration of a proposed amendment by Mr. Dalton on the Order Paper to section 180 of Bill (No. 28), the Committee divided as follows:

On the motion that the Committee rise and report progress, the Committee divided.

Motion defeated on the following division:

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

Bill to be considered at the next sitting.

And then the House adjourned at 11.47 p.m.

EMERY O. BARNES, Speaker

NOTICE OF MOTIONS

Wednesday, July 12

92  The Hon. G. Clark to move--

That in addition to the powers previously conferred upon the Select Standing Committee on Forests, Energy, Mines and Petroleum Resources the Committee be empowered:

(a) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

(b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

(c) to adjourn from place to place as may be convenient;

(d) to retain such personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

93  The Hon. C. Gabelmann to move--

That a Special Committee be appointed to select and unanimously recommend to the Legislative Assembly, the appointment of a Chief Electoral Officer for the Province of British Columbia, pursuant to section 4 of the Election Act, and that the Special Committee so appointed shall have the powers of a Select Standing Committee and is also empowered:

(a) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

(b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

(c) to adjourn from place to place as may be convenient;

(d) to retain such personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

The said Special Committee is to be composed of Mr. Farnworth (Convener), Mmes. Copping, Hagen and O'Neill, Messrs. Sihota, Hartley and Janssen, Messrs. Farrell-Collins, Dalton and de Jong, Mr. Neufeld and Mr. Mitchell.

NOTICE OF BILLS

Wednesday, July 12

Mr. Campbell to introduce a Bill intituled Community Charter Act.

Mr. Farrell-Collins to introduce a Bill intituled Successor Protection Act.

Mr. Gingell to introduce a Bill intituled Capital Tax Elimination Act.

Ms. Reid to introduce a Bill intituled Family Protection Act.

Mr. Dalton to introduce a Bill intituled Vehicle Transfer Consumer Protection Act.

Mr. Farrell-Collins to introduce a Bill intituled Secondary Boycott Act.

Mr. Farrell-Collins to introduce a Bill intituled Family Business Support Act.

Mr. Farrell-Collins to introduce a Bill intituled Employment Standards Exclusion Act.

Mr. Farrell-Collins to introduce a Bill intituled Labour Relations Code Advisory Committee Act.

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