1997 Legislative Session: 2nd Session, 36th Parliament
[ Schedule A . . . ]
2 p.m.
ROUTINE BUSINESS
PRAYERS
INTRODUCTION OF BILLS
1 Mr. Weisgerber to introduce a Bill intituled Fixed Election Date Act.
2 Mr. Weisgerber to introduce a Bill intituled Free Votes Enabling Act.
3 Mr. Neufeld to introduce a Bill intituled Rural Health Transportation Act.
4 Mr. Neufeld to introduce a Bill intituled Adoption Amendment Act, 1997.
5 Mr. Campbell to introduce a Bill intituled Election Amendment Act.
6 Mr. Campbell to introduce a Bill intituled Balanced Budget and Debt Reduction Act.
7 Mr. Campbell to introduce a Bill intituled Truth in Budgeting Act.
8 Mr. Campbell to introduce a Bill intituled Merit Employment Act.
9 Mr. Campbell to introduce a Bill intituled Public Appointment Act.
10 Mr. Weisgerber to introduce a Bill intituled Electoral Boundaries Commission Amendment Act, 1997 (Northern Electoral Boundaries Protection Act).
11 Mr. Plant to introduce a Bill intituled Election Amendment Act, 1997 (Free Speech Protection Act).
ORAL QUESTION PERIOD
(15 minutes, afternoon sittings: Monday, Tuesday, Wednesday, Thursday and,
subject to Standing Order 47b, Friday morning)
PRESENTING PETITIONS
READING AND RECEIVING PETITIONS
PRESENTING REPORTS
MOTIONS ON NOTICE
(See Schedule A)
WRITTEN QUESTIONS ON NOTICE
PROPOSED AMENDMENTS ON NOTICE
13 The Hon. U. Dosanjh to move, in Committee of the Whole on Bill (No. 13) intituled Electoral Boundaries Commission Amendment Act, 1997 to amend as follows:
SECTION 1, by deleting the proposed section 1.
SECTION 2, by deleting the proposed section 2.
14 The Hon. C. McGregor to move, in Committee of the Whole on Bill (No. 14) intituled Environment, Lands and Parks Statutes Amendment Act, 1997 to amend as follows:
SECTION 1, in the proposed section 6 (2) of the Commercial River Rafting Act, by deleting "Section 38" and substituting "Section 40".
SECTION 22 (b), by adding "in subsection (3)" before "by adding the following paragraph:".
SECTION 29.1, by adding the following section:
Consequential Amendment
29.1 Section 44 of the Pesticide Control Act Regulation, B.C. Reg. 319/81, is amended
(a) in subsection (1) (a) (i) and (ii) by striking out "licences and permits" and substituting "licences, permits and pest management plans",
(b) in subsection (1) (b) by striking out "permit requirements" and substituting "permit and pest management plan requirements", and
(c) in subsections (3) and (4) by striking out "certification, licensing and permit requirements" and substituting "certification, licensing, permit and pest management plan requirements".
16 The Hon. U. Dosanjh to move, in Committee of the Whole on Bill (No. 16) intituled Police Amendment Act, 1997 to amend as follows:
SECTION 1 (d), in the proposed definition of "chief officer" in section 1 of the Police Act, by deleting "section 4.2 (c) (iv) (A)" and substituting "section 4.2 (2) (c) (iv) (A)".
SECTION 1.1, by adding the following section:
1.1 The following section is added to Part 1:
Police forces in British Columbia
1.1 The following are police forces in British Columbia:
(a) the provincial police force;
(b) a municipal police department;
(c) if prescribed by the minister as a police force, a designated policing unit.
SECTION 18, in the proposed section 18.1 (13) of the Police Act, by deleting "is authorized to exercise the powers and perform the duties of a constable or peace officer" and substituting "is authorized to exercise the powers and perform the duties, and has the immunities, of a constable or peace officer".
SECTION 20, in the proposed section 20 (3) of the Police Act, by deleting "special provincial constable,".
SECTION 35,
(a) in the proposed section 52.2 of the Police Act, by deleting subsection (5) and substituting the following subsection:
(5) If the police complaint commissioner determines that the notice of withdrawal was made under duress, the police complaint commissioner must order the discipline authority to conduct an investigation into one or more of the allegations in the complaint and to proceed with processing the complaint under this Part. ,
(b) In the proposed section 52.2 (8), by deleting "subsection (5) (a)" and substituting "subsection (5)",
(c) in the proposed section 54 (1), by adding "or third party complainant" after "complainant" wherever it appears,
(d) in the proposed section 54.2 (7), by deleting "An officer's personnel file" and substituting "A record respecting an informal resolution that is entered in an officer's personnel file",
(e) in the proposed section 57 (2), by deleting paragraph (d) and substituting the following paragraph:
(d) all reasons for imposing or not imposing disciplinary or corrective measures in relation to the complaint. ,
(f) in the proposed section 57.1, by deleting subsection (2) and substituting the following subsection:
(2) A notice provided under subsection (1) (a) must set out
(a) the nature of the complaint in sufficient factual detail to identify the incident,
(b) the alleged discipline defaults, identifying those sections of the Code of Professional Conduct alleged to be breached,
(c) whether the complaint was dealt with as a public trust complaint or as an internal discipline complaint,
(d) whether a prehearing conference will be offered, and
(e) a description of the response proposed by the discipline authority to each alleged discipline default. ,
(g) in the proposed section 58, by deleting subsection (3) and substituting the following subsection:
(3) If a respondent accepts an offer for a prehearing conference under subsection (1), the respondent may be accompanied at the prehearing conference by one or both of the following:
(a) an agent;
(b) the respondent's counsel. ,
(h) in the proposed section 58, by deleting subsection (5) and substituting the following subsection:
(5) If disciplinary or corrective measures are accepted by a respondent and approved by the discipline authority at a prehearing conference in relation to any alleged discipline default respecting the complaint lodged, the discipline authority must,
(a) within 10 business days after the prehearing conference, serve on the complainant, or send to the complainant by registered mail, and provide the police complaint commissioner with, a report that sets out
(i) for each alleged discipline default,
(ii) the reasons for the proposed measures or policy changes,
(iii) any noted aggravating and mitigating factors in the case, subject to severing those portions of the disposition record that may be excepted from disclosure under the Freedom of Information and Protection of Privacy Act, and
(iv) the recourse available to the complainant under this section, and
(b) if the resolution is final and conclusive under subsection (7), record on the respondent's service record of discipline the respondent's admission, any disciplinary or corrective measure approved and the fact that the measure was voluntarily accepted by the respondent. ,
(i) in the proposed section 58.1 (1), by deleting "does not result in a resolution of all of the allegations in the complaint," and substituting "does not result in a resolution of all alleged discipline defaults respecting the complaint,",
(j) in the proposed section 58.1 (4), by deleting paragraph (b) and substituting the following paragraph:
(b) the respondent's agent or counsel, or both. ,
(k) in the proposed section 59, by deleting subsection (1) and substituting the following subsection:
(1) Each alleged discipline default respecting the complaint, other than those resolved at a prehearing conference held in respect of the matter under section 58, must be read to the respondent at a discipline proceeding, and the respondent must be asked to admit or deny the alleged discipline default. ,
(l) in the proposed section 59 (3), by deleting "but the respondent and his or her agent," and substituting "but the respondent, or his or her agent or counsel,",
(m) in the proposed section 59, by deleting subsections (5) and (6) and substituting the following subsections:
(5) At the conclusion of a discipline proceeding under this section, the discipline authority must
(a) in relation to each alleged discipline default under subsection (1), make a finding as to whether the discipline default has been proved on the civil standard of proof,
(b) record those findings in the prescribed form, and
(c) invite and hear submissions from the respondent, or his or her agent or counsel, as to appropriate disciplinary or corrective measures for each discipline default found to be proven under paragraph (a).
(6) Within 10 business days after hearing submissions from the respondent, or his or her agent or counsel, at the conclusion of a discipline proceeding under subsection (5), the discipline authority must
(a) propose disciplinary or corrective measures for each discipline default found to be proven under subsection (5) (a),
(b) record those proposed measures and the date in a disposition record in the prescribed form,
(c) include in the disposition record any aggravating or mitigating factors in the case, and
(d) serve a copy of the disposition record on the respondent. ,
(n) in the proposed section 59.1 (1) (a), by deleting subparagraphs (i) and (ii) and substituting the following subparagraphs:
(i) the findings of the discipline authority under section 59 (5) (a),
(ii) any disciplinary or corrective measures proposed by the discipline authority under section 59 (6) (a) and any policy changes being considered by the discipline authority in respect of the complaint, ,
(o) in the proposed section 59.1 (4), by deleting "a public hearing" and substituting "public hearing",
(p) in the proposed section 60.1 (8), by deleting "by double registered mail to the complainant." and substituting "by double registered mail to the complainant's last address known to, or on record with, the police complaint commissioner.",
(q) in the proposed section 61, by deleting subsection (2) and substituting the following subsection:
(2) The police complaint commissioner must appoint counsel to present to an adjudicator the case relative to the alleged discipline defaults respecting a public trust complaint. , and
(r) in the proposed section 61, by deleting subsection (6) and substituting the following subsection:
(6) The adjudicator must decide whether each alleged discipline default respecting the complaint has been proved on the civil standard of proof and may do one or more of the following:
(a) find that all, part or none of the alleged discipline default has been proved on the civil standard of proof;
(b) impose any disciplinary or corrective measures that may be imposed by a discipline authority;
(c) affirm, increase or reduce the disciplinary or corrective measures proposed by the discipline authority.
SECTION 51, in the proposed section 3 (1) (c) of the Freedom of Information and Protection of Privacy Act, by deleting "for an officer of the Legislature, other than a financial, personnel or other record relating to the administration, operation or management support of the office of that officer of the Legislature;" and substituting "for, or is in the custody or control of, an officer of the Legislature and that relates to the exercise of that officer's functions under an Act;".
21 The Hon. J. MacPhail to move, in Committee of the Whole on Bill (No. 21) intituled Medicare Protection Amendment Act, 1997 to amend as follows:
SECTION 2, by deleting the proposed section 7.1 and substituting the following:
Consequence to beneficiary of withdrawal from the plan
7.1 The commission must not enroll a person as a beneficiary for a prescribed period from the date that the commission
(a) receives a statement under section 7 (1.1) from the person, or
(b) cancels the enrollment of the person under section 7 (7) (a).
22 The Hon. U. Dosanjh to move, in Committee of the Whole on Bill (No. 22) intituled Miscellaneous Statutes Amendment Act, 1997 to amend as follows:
SECTION 2, by deleting the proposed section 71 (4).
SECTION 3,
(a) by renumbering the proposed section 71.1 as section 71.1 (1) and by adding the following subsection:
(2) This section does not apply to
(a) a corporate debtor, or
(b) a debtor who is party to a proceeding in respect of a mortgage. ,
(b) in the proposed section 71.2 (1) by striking out "71.1" and substituting "71.1 (1)",
(c) in the proposed section 71.2 (2) by adding ", unless otherwise provided by law or by the agreement of all interested parties," after "officer must",
(d) by deleting the proposed section 71.2 (2) (a) and substituting the following:
(a) pay firstly to a secured creditor the amount owed by the debtor to the secured creditor if the secured creditor
(i) has, at the time of seizure, a financing statement registered under the Personal Property Security Act, or
(ii) has a charge registered under the Land Title Act; , and
(e) in the proposed section 71.2 by adding the following subsection:
(5) The priority of the claim of any person referred to in subsection (2) is not prejudiced by a payment to anyone made in accordance with that subsection.
SECTION 36 (1), by deleting "the date on which this Act receives First Reading in the Legislative Assembly" and substituting "May 14, 1997".
SECTION 36 (2), by deleting "the day after this Act receives First Reading in the Legislative Assembly" and substituting "May 15, 1997".
34 Mr. Coleman to move, in Committee of the Whole on Bill (No. 34) intituled Motor Vehicle Amendment Act, 1997 to amend as follows:
SECTION 1, to delete the amount in strike out and substituting therefore $1,000:
1. Section 100 (2) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "$300" and substituting "$500".
ORDERS OF THE DAY
COMMITTEE OF SUPPLY
Report of Resolutions passed in Committee of Supply.
SECTION A: 1st, 8th and 21st of May, the 4th, 9th and 16th of June.
SECTION B: 4th and 12th of June.
Summary of completed Estimates of Ministry of Attorney General and Ministry Responsible for Multiculturalism, Human Rights and Immigration completed in Section A.
Summary of completed Estimates of Ministry of Labour completed in Section A.
Summary of completed Estimates of Ministry of Aboriginal Affairs completed in Section A.
Summary of completed Estimates of Ministry of Municipal Affairs and Housing completed in Section A.
Summary of completed Estimates of Ministry of Agriculture, Fisheries and Food completed in Section A.
URGENT GOVERNMENT BUSINESS
(Friday only)
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
COMMITTEE
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PRIVATE BILLS
REFERRED TO SELECT STANDING COMMITTEE ON PARLIAMENTARY
REFORM, ETHICAL CONDUCT, STANDING ORDERS AND PRIVATE BILLS
Bill (No. Pr 401) intituled TD Trust Company Act, 1997, PRINTED. Mr. Sihota.
Bill (No. Pr 402) intituled The Bank of Nova Scotia Trust Company Act, 1997, PRINTED. Mr. Sihota.
PRIVATE MEMBERS' STATEMENTS
(Friday only)
PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS
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ADJOURNED DEBATE ON OTHER MOTIONS
E. GEORGE MacMINN, Q.C.
Clerk of the Legislative Assembly
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Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada