1995 Legislative Session: 4th Session, 35th Parliament

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The printed version remains the official version.

No. 103

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Wednesday, July 12, 1995

Two o'clock p.m.

Prayers by Mr. Hartley.

On the motion of Mr. Campbell, Bill (No. M 220) intituled Municipalities' Protection Act, 1995, 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. Gingell, Bill (No. M 221) intituled Crown Corporation Accountability 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. Campbell, Bill (No. M 222) intituled Community Charter 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. Farrell-Collins, Bill (No. M 223) intituled Labour Relations Code Advisory Committee 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. Farrell-Collins, Bill (No. M 224) intituled Employment Standards Exclusion 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. de Jong, Bill (No. M 225) intituled Agricultural Land Commission 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.

Order called for "Oral Questions by Members."

The Hon. J. Pement (Minister of Transportation and Highways) tabled the British Columbia Railway Company financial statements ending December 31, 1994.

The Hon. J. Pement (Minister of Transportation and Highways), on behalf of the Minister of Employment and Investment, tabled the following:

British Columbia Ferry Corporation Annual Report, 1993-1994.

BC Transit Annual Report, 1993-1994.

Job Protection Commission Annual Report, 1994.

Mr. de Jong presented a petition supporting proposed changes to the Agricultural Land Reserve Act.

Mr. de Jong presented a petition.

The Speaker delivered his reserved decision as follows:

Honourable Members:

Yesterday, the Honourable Member for Richmond-Steveston rose on a point of order and referred the Chair to proceedings in the Committee of the Whole which occurred immediately prior to Monday evening's adjournment.

At that time, the Honourable Member for West Vancouver-Garibaldi moved, in Committee of the Whole, that the Committee rise, report progress and ask leave to sit again. That motion was negatived on a division and immediately thereafter, without intermediate proceedings taking place as contemplated by Standing Orders 34 and 62, the House Leader moved the same motion which carried.

Let me say at the outset, that the Member brought to the House a matter occurring in Committee which, in keeping with the long-standing practice of this House, should have been raised in Committee. All Honourable Members will recall the rule that matters of procedure arising in a Committee must be settled in the Committee and the House cannot deal with such matters unless they are reported to the House. An examination of the Blues makes it apparent that no such report was made to the House.

However, as the Honourable Member raises an important point, for the guidance of the House, it is the Chair's view that further comment is warranted.

At the time the questioned motion was made, the Attorney General was acting as Government House Leader. The traditional responsibilities of the House Leader are outlined in Redlich -- Procedure of the House of Commons and are quoted with approval in a decision of this House of April 12, 1976, as follows:

"Let us now briefly indicate the influence directly exercised by the Leader of the House on the course of business. It is his task, in the name of the Government and the party in office, to distribute over the session the programme of legislation announced in the King's speech and to advocate it in the House. He assumes the duty of proposing all such motions concerning the agenda of the House as are deemed advisable by the Government and is their spokesman in the debate thereon. With regard to every Government project, the Leader is the final authority as to its general progress, as to the time to be given to its different stages, and as to any application of the closure or other available method of shortening debate and bringing matters to a conclusion. The whole policy of the Government, especially so far as it is expressed in the inner life of the House and in measures dealing with the course of its business, is concentrated in his person. -- Redlich."

The Government House Leader's authority over the progress of business of the House and, in particular, power to adjourn proceedings remains paramount. Erskine May's Parliamentary Practice, 16th edition, on page 408, further states that the use of the motion for adjournment of the House, when used as a substantive motion, can only be moved by a Member of the Government. See also, Parliamentary Practice in British Columbia, 2nd edition at page 43.

It is Chair's view that the law as stated in Redlich and Erskine May confirm the Government House Leader's authority to regulate the progress of Government business, both in the House and in a Committee of the Whole.

The Chair would also bring to the Members' attention that Erskine May's, 20th edition at page 657, states that in relation to a motion to rise and report progress and ask leave to sit again "it is usual for the chairman to accept such a motion from the Member in charge of a Bill, even if no proceedings have taken place upon the Bill." At the time in question, the motion to rise and report progress and ask leave to sit again was made by the Member in charge of the Bill.

Because of the importance of the matter raised by the Honourable Member, the Chair felt it appropriate to comment in detail.

Emery O. Barnes, Speaker

Mr. Gingell presented the First Report of the Select Standing Committee on Public Accounts for the Fourth 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. 28) intituled Election Act, the House divided.

Motion agreed to on the following division:

By leave, Bill (No. 28) read a third time and passed.

On the motion for third reading of Bill (No. 53) intituled Park Amendment Act, the House divided.

Motion agreed to on the following division:

By leave, Bill (No. 53) read a third time and passed.

Bill (No. 55) intituled Miscellaneous Statutes Amendment Act (No. 3), 1995, was committed.

In consideration of a proposed amendment by Mr. Mitchell on the Order Paper to section 3 of Bill (No. 55), the Committee divided as follows:

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

Bill to be considered later today.

The House recessed for forty-five minutes.

Forty-five Minutes past Six o'clock p.m.

Bill (No. 55) intituled Miscellaneous Statutes Amendment Act (No. 3), 1995, was again committed.

In consideration of section 3 of Bill (No. 55), the Committee divided as follows:

In consideration of a proposed amendment by Mr. Mitchell on the Order Paper to section 15 of Bill (No. 55), the Committee divided.

The amendment was defeated on the following division:

The motion that the Committee rise and report progress was defeated, on division.

Section 15 of Bill (No. 55) passed, on division.

Mr. Weisgerber moved an amendment to section 21 of Bill (No. 55) which was defeated on the following division:

In consideration of section 21 of Bill (No. 55), the Committee divided as follows:

YEAS -- 36
Pement	Lortie	Sihota	Sawicki
Cashore	Giesbrecht	Evans	Simpson
Zirnhelt	Miller	Randall	Lord
Charbonneau	Cull	Beattie	Boone
O'Neill	Harcourt	Farnworth	Hartley
Garden	Gabelmann	Conroy	Lali
Kasper	MacPhail	Doyle	Schreck
Hammell	Ramsey	Janssen	Copping
B. Jones	Barlee	Jackson	Krog
NAYS -- 18
Dalton	Gingell	Tyabji	de Jong
Warnke	Stephens	Symons	Fox
Reid	Weisgerber	K. Jones	Neufeld
Campbell	Mitchell	van Dongen	Chisholm
Farrell-Collins	Wilson

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

Bill to be considered at the next sitting.

The House continued to sit past midnight.

By leave, Mr. Weisgerber tabled a copy of a letter addressed to the Hon. M. Harcourt, Premier.

Bill (No. 54) intituled An Act to Protect Medicare was committed, reported complete with amendment, and by leave, read a third time and passed.

And then the House adjourned at 1.47 a.m.

EMERY O. BARNES, Speaker

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