1996 Legislative Session: 1st Session, 36th Parliament

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

Nos. 48 and 49

VOTES AND PROCEEDINGS

of the

Legislative Assembly of British Columbia


Thursday, August 15, 1996

TEN O'CLOCK A.M.

Prayers by Ms. Whittred.

The House proceeded to "Orders of the Day."

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section B of Committee of Supply (estimates of the Ministry of Health and Ministry Responsible for Seniors).

(In Committee -- Section B)


Section B 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 11.55 a.m.


Thursday, August 15, 1996

TWO O'CLOCK P.M.

Order called for "Oral Questions by Members."

By leave, Mr. J. D. Wilson tabled copies of correspondence related to Forest Renewal BC.

Mr. Krueger presented a petition.

The Hon. A. Petter (Minister of Finance and Corporate Relations and Minister Responsible for Intergovernmental Relations) tabled the following:

Pacific Racing Association Annual Report for 10 Months ended January 31, 1996;

Statement of Crown Proceeding Payments, for the Fiscal Year Ended March 31, 1995, pursuant to the Crown Proceeding Act;

Report of Guarantees and Indemnities Authorized and Issued by Treasury Board or the Lieutenant Governor in Council for the Fiscal Year Ended March 31, 1996; and

Statement of Unclaimed Money Deposits pursuant to the Unclaimed Money Act for the Fiscal Year Ended March 31, 1996.

The House proceeded to "Orders of the Day."

By leave, the Hon. D. Zirnhelt (Minister of Forests) moved --

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.

Motion agreed to.

By leave, the Hon. J. MacPhail moved --

That reports of the Auditor General of British Columbia deposited with the Speaker of the Legislative Assembly during a period of adjournment during the First Session of the Thirty-sixth Parliament be deemed referred to the Select Standing Committee on Public Accounts; and that in addition to the powers previously conferred upon the said Committee, 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;

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.

Motion agreed to.

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section B of Committee of Supply (estimates of the Ministry of Health and Ministry Responsible for Seniors).

(IN COMMITTEE -- SECTION B)

39. Resolved, That a sum not exceeding $462,000 be granted to Her Majesty to defray the expenses of Ministry of Health and Ministry Responsible for Seniors, Minister's Office, to 31st March 1997.

40. Resolved, That a sum not exceeding $6,811,166,017 be granted to Her Majesty to defray the expenses of Ministry of Health and Ministry Responsible for Seniors: Ministry Operations (Per Estimates), $6,812,927,878; Reduction to Vote 40, Intergovernmental Relations Secretariat, $1,537,361; Provincial Capital Commission Grant, $224,500; to 31st March 1997.

41. Resolved, That a sum not exceeding $7,992,122 be granted to Her Majesty to defray the expenses of Ministry of Health and Ministry Responsible for Seniors, Vital Statistics, to 31st March 1997.


Section B of Committee of Supply reported the Resolutions.
Report to be considered forthwith.

The Hon. A. Petter moved --

That the reports of resolutions from the Committees of Supply on July 18, 22, 23, 25, 30, 31, and August 1, 7, 8, 9, 12, 14, and 15, be now received, taken as read and agreed to.
Motion agreed to.

The Hon. A. Petter moved --

That there be granted from and out of the consolidated revenue fund the sum of 20 billion, 254 million, 65 thousand, 118 dollars. This sum includes that authorized to be paid under: section 1 of the Supply Act (No. 1), 1996, and is granted by Her Majesty towards defraying the charges and expenses of the public service of the province for the fiscal year ending March 31, 1997.
Motion agreed to.

The Hon. A. Petter (Minister of Finance and Corporate Relations and Minister Responsible for Intergovernmental Relations) 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. 18) intituled Supply Act, 1996-97 and recommends the same to the Legislative Assembly.

Government House,
August 1, 1996.

Bill introduced and read a first time.

The Speaker made the following statement:

Honourable Members:

This House now has before it the Supply Act, 1996-97 which has been introduced and read a first time. The basic question which the Chair has had to consider is whether or not this Bill can indeed be advanced more than one stage at this time.

An examination of the Journals and Hansard of this House discloses various and, frankly, somewhat inconsistent procedures surrounding introduction and passage of the Supply Act. Because of the importance of this process, and for the guidance of the House, the Chair wishes to make some observations relating to the closing of Estimates and the final Supply Act.

Honourable Members will be aware that the final Supply Act is unique in its nature, being founded on the financial resolutions which are passed by this House immediately upon completion of the Estimates process. The first of those resolutions is the motion that the Resolutions from the Committee of Supply be now received, taken as read and agreed to. Upon passage of this motion, a second motion is moved that there be granted from and out of the consolidated revenue fund the amounts as authorized by the resolutions passed in the Committee of Supply which include the amounts authorized by earlier interim Supply Acts.

Immediately following the acceptance by the House of the two resolutions above mentioned, the Supply Act itself is introduced to the House for first reading. At this point it must be emphasized that the final Supply Act is an administrative act only, confirming and appropriating the grants previously agreed to by the motions above described. This House has spoken clearly on this matter and I refer Honourable Members to the debates of this House to be found in Hansard of July 26 and 27, 1993.

The general rule applicable to bills requiring three readings on different days does not apply to the final Supply Act for the reason that this Act is squarely founded upon resolutions from the Committee of Supply to which the House has previously agreed. In this regard, I refer Honourable Members to Erskine May's Parliamentary Practice, 17th edition, at page 771 and I quote from this authority, in part, as follows:

"All grants of supply voted by the Committee of Supply in respect of whatever estimate . . . after being covered by grants of ways and means, require to be authorized by legislation. It will be remembered that such bills are exempt from the operation of the 'Ten o'clock rule' and that the practice of the House which forbids the transaction of more than one stage of financial business on the same day is so far relaxed in their case as to allow the committee and subsequent stages to be taken on the same day."

In light of the authorities quoted, it is the Chair's view, that quite apart from the operation of Standing Order 81, the final Supply Act, being only an administrative act founded on resolutions passed by the House, may be advanced one or more stages in one day.

The Chair would also observe that the unique wording of our Standing Order 81 permits a bill to be read twice or thrice, or advanced two or more stages in one day on "urgent or extraordinary occasions". It could be logically argued that the final Supply Act is a unique or extraordinary Bill, being founded on resolutions already agreed to by the House, and as such this would permit the Supply Act to qualify for three readings on one day under the authority of Standing Order 81. In light of the findings stated above, it becomes unnecessary to make this determination.

DALE LOVICK, Speaker

The Speaker declared a short recess for distribution of the Bill.

Bill (No. 18) was read a second time.

On the motion of the Hon. A. Petter, Bill (No. 18) was referred to Committee of the Whole House to be considered forthwith.

Bill (No. 18) intituled Supply Act, 1996-97 was committed, reported complete without amendment, read a third time and passed.

The Speaker declared a short recess.

His Honour the Administrator having entered the House, and being seated in the Chair --
E. George MacMinn, Q.C., Clerk of the House, read the title to the following Bill:

Bill (No. 19) Electoral Boundaries Commission Amendment Act, 1996.

His Honour was pleased in Her Majesty's name to give assent to the said Bill.
The said assent was announced by E. George MacMinn, Q.C., Clerk of the House, in the following words:

"In Her Majesty's name, His Honour the Administrator doth assent to this Bill."

E. George MacMinn, Q.C., Clerk of the House, read the title to the following Bill:

Bill (No. 18) Supply Act, 1996-97.

His Honour was pleased in Her Majesty's name to give assent to the said Bill.
The said assent was announced by E. George MacMinn, Q.C., Clerk of the House, in the following words:

"In Her Majesty's name, His Honour the Administrator doth thank Her Majesty's loyal subjects, accepts their benevolence, and assents to this Bill."

His Honour the Administrator was then pleased to retire.

The Hon. J. MacPhail moved --

That the House, at its rising, do stand adjourned until it appears to the satisfaction of the Speaker, after consultation with the Government, that the public interest requires that the House shall meet, or until the Speaker may be advised by the Government that it is desired to prorogue the First Session of the Thirty-sixth Parliament of the Province of British Columbia. The Speaker may give notice that he is so satisfied or has been so advised and thereupon the House shall meet at the time stated in such notice, and, as the case may be, may transact its business as if it has been duly adjourned to that time and date; and

That, in the event of the Speaker being unable to act owing to illness or other cause, the Deputy Speaker shall act in his stead for the purpose of this order.

Motion agreed to.

And then the House adjourned at 3.12 p.m.

DALE LOVICK, Speaker


MEETINGS OF COMMITTEES

SPECIAL COMMITTEE ON THE
RESPONSE TO THE GOVE REPORT

The Committee will meet at 10 o'clock a.m. on Thursday, September 12, in the Douglas Fir Room (Room 226).
Business: Organization and Briefings.

Ms. Gillespie, Convener

SELECT STANDING COMMITTEE ON PUBLIC ACCOUNTS

Meetings have been cancelled until further notice.

Mr. Gingell, Chair

Mr. Farnworth, Deputy Chair


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