1995 Legislative Session: 4th Session, 35th Parliament

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

Nos. 101 and 102

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Tuesday, July 11, 1995

Ten o'clock a.m.

Prayers by Ms. Lord.

The Speaker delivered his reserved decision as follows:

Honourable Members:

Yesterday, the Honourable Member for West Vancouver-Garibaldi sought to move adjournment of the House pursuant to Standing Order 35 to discuss a matter of "urgent public importance", namely, the "Crisis in the British Columbia Salmon Fishery".

The Member cited the blockade of an Alaska State Ferry by British Columbia fishing boats, and the question of potential contravention of the terms of the Pacific Salmon Treaty through over-fishing by Alaskan fishers.

I wish to thank the Honourable Member for giving notice to the Chair as recommended by Practice Recommendation No. 8.

The Speaker's role in considering such an application is to determine whether the test of urgency of debate has been met so as to set aside the normal business of the House. In considering urgency, the Chair has noted that matters which are ongoing do not meet the test. I note that this House, after an active debate, passed the following resolution on May 10, 1994:

"Be it resolved that this House call on the Government of Canada to take the strongest possible stand with the United States to achieve full implementation of the Pacific Salmon Treaty's core principles -- namely, an equitable sharing of salmon commensurate with national production and the rebuilding and conservation of salmon stocks -- and aggressively advance British Columbia's interest in support of the salmon resource and the thousands of British Columbians that depend on it."

Clearly the issue of over-fishing is of an on-going nature. See Speaker's decisions to be found in the Journals of this House for June 21, 1991, at page 54, and May 11, 1976, at page 91.

Another question which must be addressed is whether the protest this past weekend has changed the nature of the matter. In the view of the Chair, these latest events have not changed what is effectively an on-going matter. "The fact that new information has been received regarding a matter that has been continuing for some time does not in itself make that matter one of urgency", found in the 16th edition, Erskine May, at page 370.

For these reasons the Honourable Member's application cannot succeed.

Emery O. Barnes, Speaker

Mr. Warnke rose on a point of order, namely, that the motion during last night's sitting that the Committee on Bill (No. 28) rise, did not meet the guidelines of Standing Order 34.

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

The House proceeded to "Orders of the Day."

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

In consideration of section 227 as amended, of Bill (No. 28), the Committee divided as follows:

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 12.07 p.m.

Tuesday, July 11, 1995

Two o'clock p.m.

On the motion of Ms. Stephens, Bill (No. M 218) intituled Domestic Violence Prevention 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.

The Hon. E. Cull (Minister of Finance and Corporate Relations) tabled the Ministry of Finance and Corporate Relations Annual Report, 1993-1994.

On the motion of Mr. Dalton, Bill (No. M 219) intituled Child Protection 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.

The Hon. A. Charbonneau (Minister of Education) presented a petition re amendments to the Adoption Act.

The Hon. A. Petter (Minister of Forests) tabled the Financial Statements of the Provincial Capital Commission as at March 31, 1995.

Order called for "Oral Questions by Members."

The House proceeded to "Orders of the Day."

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

In consideration of a proposed amendment by Mr. Weisgerber on the Order Paper to section 227.1 of Bill (No. 28), the Committee divided as follows:

Amendments to add sections 234.1 to 234.96 passed, on division.

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

Bill to be considered later today.

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

On the motion for second reading of Bill (No. 56) intituled Workers Compensation Amendment Act, 1995, a debate arose.

Bill (No. 56) read a second time.

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

The House recessed for thirty-five minutes.

Twenty-five Minutes past Seven o'clock p.m.

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

A proposed amendment by Mr. Mitchell on the Order Paper to section 239 of Bill (No. 28) was defeated, on division.

A proposed amendment by Mr. Mitchell on the Order Paper to section 240 (1) (c) of Bill (No. 28) was defeated, on division.

A proposed amendment by Mr. Mitchell on the Order Paper to section 241 of Bill (No. 28) was defeated, on division.

Section 302, as amended, of Bill (No. 28) passed, on division.

Section 303 of Bill (No. 28) passed, on division.

Bill (No. 28) intituled Election Act was reported complete with amendment.

Bill as reported to be considered at the next sitting after today.

Bill (No. 53) intituled Park Amendment Act, 1995, was committed.

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

Motion defeated on the following division:

The House continued to sit past midnight.

Mr. Weisgerber moved an amendment to Schedule D of Bill (No. 53) which was defeated on the following division:

Schedule D as amended, of Bill (No. 53) passed, on division.

Bill (No. 53) was reported complete with amendment.

Bill as reported to be considered at the next sitting after today.

And then the House adjourned at 1.35 a.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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