1997 Legislative Session: 2nd Session, 36th Parliament


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


[ Schedule A . . . ]

No. 106

ORDERS OF THE DAY

OF THE

Legislative Assembly of British Columbia


Thursday, July 24, 1997

10 a.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).

12   Ms. Reid to introduce a Bill intituled Fetal Alcohol Syndrome Awareness 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
(See Schedule B)


PROPOSED AMENDMENTS ON NOTICE

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).

SECTION 2, in the proposed section 8.2 by deleting subsections (7) and (8) and substituting the following:

(7) On being filed, the certificate, including any amendment made under subsection (6) and interest at the prescribed rate referred to in section 8.1 that later accrues on the amount of the payment remaining unpaid, has the same force and effect, and all proceedings may be taken on it, as if it were a judgement of the court in favour of the government for the recovering of a debt against the person named in the certificate.

(8) Section 32 (2) to (4) applies to the amount referred to in subsection (1) (b) stated in a certificate as though

(a) that amount was the premiums referred to in section 32 (2) collected under an agreement referred to in section 32 (1), and

(b) the person named in the certificate was the person referred to in section 32 (2) who collected the premiums.

SECTION 12.1, by adding the following section:

12.1 Section 39 (1) is amended by striking out "Subject to section 43 (4), the" and substituting "The".

28 The Hon. J. MacPhail to move, in Committee of the Whole on Bill (No. 28) intituled Health Authorities Amendment Act, 1997 to amend as follows:

SECTION 7, in the proposed section 6 (4) by deleting "board" and substituting "council".

SECTION 15, in the proposed section 19.7 (3) by deleting "90" and substituting "120".

37 The Hon. J. MacPhail to move, in Committee of the Whole on Bill (No. 37) intituled Tobacco Damages Recovery Act to amend as follows:

SECTION 1, in the definition of "tobacco related wrong" by deleting "the exposure of one or more persons to a tobacco product that results in".

SECTION 15,

(a) by deleting "on or before December 31, 1998" and substituting "within 2 years after the coming into force of this section", and

(b) by renumbering the section as section 15 (1) and by adding the following subsection:

(2) Any action for damages alleged to have been caused by a tobacco related wrong is revived if the action was dismissed before the coming into force of this section merely because it was held by a court to be barred or extinguished by the Limitation Act.

38 The Hon. D. Miller to move, in Committee of the Whole on Bill (No. 38) intituled Builders Lien Act to amend as follows:

SECTION 5, in the proposed subsection (7) by deleting "30 days' notice," and substituting "10 days' notice," .

SECTION 9,

(a) in the proposed subsection (1) (a) by adding ", and" at the end,

(b) in the proposed subsection (1) (b) by deleting "subcontract, and" and substituting "subcontract.", and

(c) by deleting the proposed subsection (1) (c).

41 The Hon. A. Petter to move, in Committee of the Whole on Bill (No. 41) intituled Traffic Safety Statutes Amendment Act, 1997 to amend as follows:

SECTION 33, in the proposed section 233 (1) of the Motor Vehicle Act, by adding ", on the expiry of the suspension," after "the corporation must".

SECTION 51, in the proposed section 19.1 of the Insurance (Motor Vehicle) Act, by adding ", other than a motor vehicle or trailer," after "any object".

SECTION 57, by deleting the proposed section 44.1 (1) (b) (ii) of the Insurance (Motor Vehicle) Act and substituting the following:

(ii) requiring and maintaining confidentiality of information disclosed for the purposes of mediation, .

SECTION 58, in the proposed section 45 (2) (y) of the Insurance (Motor Vehicle) Act, by adding "or trailer" after "motor vehicle", and

SECTION 60,

(a) in the proposed section 52 of the Insurance (Motor Vehicle) Act, by deleting the definitions of "gross income" and "net income" and substituting the following:

"net income loss", in relation to a person who suffered loss of income as a result of an accident is, for any period,

(a) if the person is a person referred to in section 2 (1) of the Income Tax Act, the gross income that the person lost in that period less the amount that would have been payable on that gross income for the following:

(i) income tax under the Income Tax Act, as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated in accordance with the regulations and with reference to prescribed deductions and tax credits;

(ii) income tax under the Income Tax Act (Canada) as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated in accordance with the regulations under, and with reference to deductions and tax credits prescribed under, this Act;

(iii) premiums under the Employment Insurance Act (Canada), as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, or

(b) for any other person, the gross income that the person lost in that period less the following amounts calculated in accordance with the regulations under this Act:

(i) the amount that would have been payable as taxes on that gross income according to the tax laws in the jurisdiction in which the person is liable to pay tax on income, as those laws read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated with reference to deductions and tax credits prescribed under this Act;

(ii) the premiums or other amounts, if any, that would have been payable in respect of that gross income according to the laws in the jurisdiction in which the person is liable to pay tax on income, as those laws read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, for a purpose similar or equivalent to that of the Employment Insurance Act (Canada).

(b) in the proposed section 54, by deleting "that the person would have earned in that period had the accident not occurred." and substituting "loss that the person suffered in that period as a result of the accident.",

(c) in the proposed section 55,

(i) by deleting subsections (2) and (3),

(ii) by renumbering subsections (4) and (5) as subsections (2) and (3) respectively, and

(iii) in subsection (2) by deleting "Despite subsections (1) to (3)," and substituting "Despite subsection (1),", and

(d) in the proposed section 56,

(i) in subsection (1) by deleting "or earning capacity",

(ii) in subsection (2) (a) by deleting "that was lost" and substituting "loss that the plaintiff suffered in that period", and

(iii) in subsection (2) (b) by deleting subparagraph (i) and substituting the following:

(i) are liable, in accordance with the Negligence Act, for that portion of the difference between

(A) the net income loss that the plaintiff suffered in that period as a result of the accident, and

(B) the gross income that the plaintiff would have earned in that period had the accident not occurred

that is proportionate to the degree to which those defendants are determined to be at fault for the loss of income, and

(iv) by deleting subsection (3).

48 The Hon. U. Dosanjh to move, in Committee of the Whole on Bill (No. 48) intituled Emergency Communications Corporations Act to amend as follows:

SECTION 16 (b), by renumbering the proposed section 2 (2.1) of the Pension (Municipal) Act as section 2 (2.2).

51 The Hon. A. Petter to move, in Committee of the Whole on Bill (No. 51) intituled Miscellaneous Statutes Amendment Act (No. 3), 1997 to amend as follows:

SECTION 3 (b), by deleting proposed subsection (7) and substituting the following:

(7) Nothing in this section or in any order approving a compromise or arrangement made under this section binds a member to exchange shares of a reporting company held by the member for property, money or other securities of the reporting company or for property, money or securities of another corporation unless the compromise or arrangement has been approved in the manner described in subsection (8).

(8) A compromise or arrangement is approved for the purposes of subsection (7) when it is approved by a majority of the votes of members of the reporting company cast at a meeting referred to in subsection (2) other than the votes cast by

(a) affiliates of the reporting company,

(b) a member who will, as a consequence of the compromise or arrangement, be entitled to consideration for each share greater than that available to other holders of affected shares of the same class, and

(c) a member who alone or in combination with others effectively controls the reporting company and who, prior to receiving a notice of the meeting referred to in subsection (2), entered into or has agreed to enter into an understanding to support the compromise or arrangement.

51 The Hon. U. Dosanjh to move, in Committee of the Whole on Bill (No. 51) intituled Miscellaneous Statutes Amendment Act (No. 3), 1997 to amend as follows:

SECTION 45 (2), by deleting "11 to 16" and substituting "13 to 16".


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, 16th and 23rd of June, the 3rd, 8th, 16th and 23rd of July.

SECTION B: 4th, 12th and 25th of June, and the 9th of July.

Summary of completed Estimates of Ministry of Health and Ministry Responsible for Seniors, BC Transit completed in Section A.

Summary of completed Estimates of Ministry of Environment, Lands and Parks completed in Section A.

Summary of completed Estimates of Ministry of Education, Skills and Training completed in Section A.


URGENT GOVERNMENT BUSINESS
(Friday only)


PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE

REPORT

Report--

Bill (No. 28) intituled Health Authorities Amendment Act, 1997, NOT REPRINTED. Hon. Minister of Health and Minister Responsible for Seniors.

COMMITTEE

Committee--

Bill (No. 19) intituled Fisheries Renewal Act, PRINTED. Hon. Minister of Agriculture, Fisheries and Food.

Committee--

Bill (No. 21) intituled Medicare Protection Amendment Act, 1997, PRINTED. Hon. Minister of Health and Minister Responsible for Seniors.

Committee--

Bill (No. 36) intituled Tobacco Tax Amendment Act, 1997, PRINTED. Hon. Minister of Finance and Corporate Relations and Minister Responsible for Intergovernmental Relations.

Committee--

Bill (No. 37) intituled Tobacco Damages Recovery Act, PRINTED. Hon. Minister of Health and Minister Responsible for Seniors.

Committee--

Bill (No. 38) intituled Builders Lien Act, PRINTED. Hon. Minister of Employment and Investment.

Committee--

Bill (No. 41) intituled Traffic Safety Statutes Amendment Act, 1997, PRINTED. Hon. Minister of Finance and Corporate Relations and Minister Responsible for Intergovernmental Relations.

Committee--

Bill (No. 43) intituled Industry Training and Apprenticeship Act, PRINTED. Hon. Minister of Labour.

Committee--

Bill (No. 45) intituled School Amendment Act, 1997, PRINTED. Hon. Minister of Education, Skills and Training.

Committee--

Bill (No. 47) intituled Forests Statutes Amendment Act, 1997, PRINTED. Hon. Minister of Forests.

Committee--

Bill (No. 48) intituled Emergency Communications Corporations Act, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism, Human Rights and Immigration.

Committee--

Bill (No. 50) intituled Power for Jobs Development Act, PRINTED. Hon. Minister of Employment and Investment.

Committee--

Bill (No. 51) intituled Miscellaneous Statutes Amendment Act (No. 3), 1997, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism, Human Rights and Immigration.

SECOND READING

Second Reading--

Bill (No. 1) intituled An Act to Ensure the Supremacy of Parliament, PRINTED. Hon. Attorney General.

Second Reading--

Bill (No. 24) intituled Child, Family and Community Service Amendment Act, 1997, PRINTED. Hon. Minister for Children and Families.

Second Reading--

Bill (No. 30) intituled Technical University of British Columbia Act, PRINTED. Hon. Minister of Education, Skills and Training.

Second Reading--

Bill (No. 44) intituled Labour Statutes Amendment Act, 1997, PRINTED. Hon. Minister of Labour.


PRIVATE BILLS


PRIVATE MEMBERS' STATEMENTS
(Friday only)

  1   Mr. Doyle--

Standing up for British Columbia.

  2   Ms. Hawkins--

The Canadian Space Agency.

  3   Mr. Kasper--

Environmental Legacies and Our Youth.

  4   Mr. Nebbeling--

Crime on our Streets.


PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS

Second Reading--

Bill (No. M 201) intituled Financial Administration Amendment Act, 1997 (Special Warrant Abolition), PRINTED. Mr. Weisgerber.

Second Reading--

Bill (No. M 202) intituled Senatorial Election Act, PRINTED. Mr. Weisgerber.

Second Reading--

Bill (No. M 203) intituled Tobacco Sales Amendment Act, 1997, PRINTED. Mr. Randall.

Second Reading--

Bill (No. M 204) intituled Domestic Violence Prevention Act, PRINTED. Ms. Stephens.

Second Reading--

Bill (No. M 205) intituled Uranium Moratorium Act, PRINTED. Mr. Symons.

Second Reading--

Bill (No. M 206) intituled Forest Renewal Amendment Act, 1997 (Forest Renewal Equitable Reinvestment), PRINTED. Mr. Neufeld.

Second Reading--

Bill (No. M 207) intituled Motor Vehicle Amendment (Substance Abuser Rehabilitation) Act, PRINTED. Mr. Plant.

Second Reading--

Bill (No. M 208) intituled Family Relations Act Amendment Act (No. 2), 1997 (Grandparents' Rights), PRINTED. Ms. Reid.

Second Reading--

Bill (No. M 209) intituled Motor Vehicle Amendment (Motorized Cycles) Act, NOT PRINTED. Ms. Sawicki.


ADJOURNED DEBATE ON OTHER MOTIONS

That this Assembly request the Government of Canada to immediately withdraw from any further negotiations on the proposed Multilateral Agreement on Investment until the Government of Canada has (a) convened a public meeting of first ministers to discuss any such agreement and (b) has completed a process of public consultation with industry, labour, small business and any other Canadians who are concerned about the impact of such an agreement on the future of our country. (Mr. Penner adjourned debate on the following amendment:

To delete the words in strike out format, and to substitute therefor the words highlighted by underline:

That this Assembly request the Government of Canada to immediately withdraw from any further negotiations on not agree to sign the proposed Multilateral Agreement on Investment until the Government of Canada has (a) convened a public meeting of first ministers to discuss any such agreement and (b) has completed a process of public consultation with industry, labour, small business and any other Canadians who are concerned about the impact of such an agreement on the future of our country.)

E. GEORGE MacMINN, Q.C.
Clerk of the Legislative Assembly

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