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. 109

ORDERS OF THE DAY

OF THE

Legislative Assembly of British Columbia


Monday, July 28, 1997

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).

12   Ms. Reid to introduce a Bill intituled Fetal Alcohol Syndrome Awareness Act.

13   Mr. Weisbeck to introduce a Bill intituled Boat Operators Certification 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

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).

45 Ms. Sanders to move, in Committee of the Whole on Bill (No. 45) intituled School Amendment Act, 1997 to amend as follows:

SECTION 9,

To add the part highlighted by underline:

2.1 In addition to the persons referred to in subsection (2), a person who has filed a declaration under s. 166.14 (5) is disqualified from voting at a trustee election unless that person is not resident in a francophone school district, and is a member of the Conseil scolaire Francophone de la Colombie Britannique pursuant to s. 166.13 (1) (b), or unless that person has a child enrolled with a school board.

SECTION 21,

Section 166.11

Section 166.11 is amended by the addition of the following subsection immediately before subsection (1):

166.11 (1) Where, in this Part, a provision of this Act is made to apply for the purposes of this Part, the provisions of this Part are to be interpreted wherever possible to ensure that:

(a) The quality of education provided by a francophone education authority is on a basis of equality with that offered by school boards within its francophone school district boundaries:

(b) The educational services of a francophone education authority are promoted and accessible in order to realize to the fullest extent their use by eligible persons:

(c) The provision of adequate additional funding, capital assets and personnel is made to a francophone education authority to achieve equivalence with school boards notwithstanding their historic head start in British Columbia.

(d) The fullest measure of management and control is given to francophone education authority in relation to francophone educational services and facilities appertain to, or are seen to be, of the francophone linguistic minority.

(e) The francophone schools operated by a francophone education authority become community centres for the preservation and promotion of francophone language and culture: and:

(f) The francophone language and culture flourishes as much as possible in British Columbia.

Section 166.12

Section 166.12 is amended by repealing section 166.12 (1) and replacing it with:

166.12 (1) The Lieutenant Governor in Council may by regulation:

(a) establish a francophone education authority having jurisdiction over the provision of francophone education to eligible children in British Columbia.

Section 166.12

Section 166.12 is amended by adding the following subsection (7.1):

166.12 (7.1) An eligible person supported by a petition signed by 50 or more eligible persons residing outside the current francophone school district, may apply in writing to the Lieutenant Governor in Council for an extension of the boundaries of the area prescribed by subsection 1 (c) and such application shall not be unreasonably denied.

Section 166.13

Section 166.13 (1) is amended by adding the following subsections as follows:

166.13 (1)

(1.1) Any eligible person, and any immigrant parent, who is not resident in a francophone school district may apply to become a member of the Conseil scolaire francophone de la Colombie-Britannique by providing to it an affirmation in the prescribed form.

(1.2) If the Lieutenant Governor in Council establishes a francophone education authority which has jurisdiction over a francophone school district where a member of the Conseil scolaire francophone de la Colombie-Britannique referred to in subsection (b) resides, that person shall no longer be a member of the Conseil scolaire francophone de la Colombie-Britannique and may apply to the newly created francophone education authority for membership.

Section 166.28

Section 166.28 (2) is amended by deleting the word in strikeout and to substitute therefor the word highlighted by underline:

166.28 A francophone education authority must may, for the first school year in which it intends to employ persons as francophone teachers to provide a francophone educational program to francophone students, attempt, on terms and conditions the board of directors considers appropriate, to fill any available teaching positions with individuals who

Section 166.29

Section 166.29 is amended by deleting subsection (1) and substituting the following therefore:

(1) Section 96 - 100 apply for the purposes of this Part.

Section 166.29

Section 166.29 is amended by adding the following as subsection (a) under subsection (2):

(a) Title to all real and personal property used for the purpose of education at Ecole Brodeur in Victoria, Ecole Anne Hebert in Vancouver, and Ecole Andre Piolat in North Vancouver, and Ecole La Verendrye in Chilliwack that were, on the coming into force of this Part, operated by a school board shall be transferred to the Conseil scolaire francophone de la Colombie-Britannique by the school board having title

Section 166.29

Section 166.29 is amended by adding the following as subsection (4):

(4) If a francophone education authority is unable to reach agreement with a school board on the terms of an agreement contemplated by subsection (2) or (3), the francophone education authority may apply to the Minister, who must refer the difference to compulsory arbitration, and the arbitration awards is final and binding on the francophone education authority and the school board.

SECTION 67,

Delete section 67 and substitute with the following:

Public Education Labour Relations Act

67 Section 1 of the Public Education Labour Relations Act, R.S.B.C. 1996, c. 382, is amended

(a) in the definition of "school board" by adding "but does not include a francophone education authority as defined in that Act" after "School Act"

SECTION 68,

Delete section 68.

SECTION 69,

Delete section 69 and replace with the following:

Public Sector Employers Act

69 Section 1 of the Public Education Labour Relations Act, R.S.B.C. 1996, c. 384, is amended

(a) in the definition of "public sector employer" (paragraph c) by adding "but does not include a francophone education authority as defined in that Act" after "School Act"

47 The Hon. D. Zirnhelt to move, in Committee of the Whole on Bill (No. 47) intituled Forests Statutes Amendment Act, 1997 to amend as follows:

SECTION 1 (b), in the proposed definition of "Forest Appeals Commisssion" by adding "or commission" after "Forest Appeals Commission".

SECTION 8 (a), by deleting the proposed section 51 (2) and substituting the following:

(2) A licence to cut entered into under this Act

(a) if it is a licence to cut in the form of a master agreement must

(i) be for a term not exceeding 3 years, and

(ii) provide that the district manager, or a forest officer authorized by the district manager, is to issue, subject to the licence, this Act and the Forest Practices Code of British Columbia Act, cutting permits that authorize the licence holder to harvest Crown timber from specified areas of land within the area or areas of land specified in the licence,

(b) subject to section 104, must require payment of stumpage, and

(c) may include other terms and conditions, consistent with this Act and the regulations and the Forest Practices Code of British Columbia Act, and the regulations and standards made under that Act, determined by the regional manager or district manager or by a forest officer authorized by either of them. , and.

SECTION 27.1, by adding the following section:

27.1 Section 129 is amended by deleting "section 136" and substituting "section 128".

SECTION 50, in the proposed section 7.1 (8)

(a) by adding "of the chief forester" before "made under subsection (1) or (3),", and

(b) by adding "of the regional manager" before "made under subsection (2) or (3),".

SECTION 51, by deleting section 51 and substituting the following:

51 Section 9 (2) to (5) is repealed.

SECTION 53, by deleting the proposed section 10 (1) (c) and substituting the following:

(c) it must specifiy

(i) in accordance with the regulations, and to the extent required by the regulations, silvicultural systems and harvesting methods that will be carried out within the cutblocks, and

(ii) measures that will be carried out to protect forest resources; .

SECTION 71 (a), by deleting the proposed subsection (1.1) and substituting the following:

(1.1) Unless the regulations specify otherwise, the district manager may exempt a person referred to in section 19.1 from the requirement for a forest development plan if the district manager determines that any construction, modification, maintenance or deactivation of the roads that will take place does not affect the public in a material way. , and.

SECTION 71 (b), in the proposed subsection (2) by adding "or (1.1)" after "Despite subsection (1)".

SECTION 78 (a), in the proposed section 41 (1) (c) by deleting "resources," and substituting "resources".

SECTION 78 (b), by deleting the proposed section 41 (6.1) and substituting the following:

(6.1) If any portion of a forest development plan or amendment requires the joint approval of the district manager and a designated environment official under subsection (6), the district manager

(a) may approve as a forest development plan any part of the forest development plan that does not require joint approval, or

(b) may approve any part of the amendment that does not require joint approval

if the part meets the requirements of subsection (1) and the district manager is satisfied that the part of the plan or amendment being approved will adequately manage and conserve the forest resources in the area that requires joint approval. , and.

SECTION 78 (c), in the proposed section 41 (7) (c) by deleting "resources," and substituting "resources".

SECTION 80, in the proposed section 43 (1) (c) by deleting "materially changes" and substituting "does not materially change".

SECTION 81, in the proposed section 45 (2) (a) (i) by striking out "48.1," and substituting "48.1".

SECTION 91, in the proposed section 63 (6) by deleting everything after "Section 63 (6) is amended by striking out" and substituting " "a forest development plan or an access management plan." and substituting "a forest development plan.".".

SECTION 100, by adding "or" at the end of paragraph (f) and by deleting the proposed section 96 (1) (g) and substituting the following:

(g) by the regulations, in the course of carrying out activities

(i) under a range use plan or a consent under section 101 or 102,

(ii) under a silviculture prescription for a backlog area or a stand management prescription,

(iii) under an approval of the district manager under section 48.1 or 71.1, or

(iv) under an agreement described in section 64 (1.1).

SECTION 101 (a), in the proposed section 101 (1) (b) by deleting ", and".

SECTION 101 (b), by deleting the proposed section 101 (1.1) and (1.2) and substituting the following:

(1.1) The district manager may

(a) require a person seeking consent under subsection (1) to submit the matter for which consent is sought to a review in accordance with the regulations, and for comments by interested parties during the course of the review,

(b) grant or refuse the consent, depending on the outcome of a review required under paragraph (a), and

(c) impose requirements, that the district manager considers necessary or desirable, to be met by the person seeking the consent as a condition of obtaining or retaining the consent, including, but not limited to, requiring that the person provide security.

(1.11) The district manager may only grant a consent under this section if

(a) the consent is consistent with any operational plans and higher level plans in effect for the area covered by the consent, and

(b) the district manager is satisfied that the consent will adequately manage and conserve the forest resources of the area to which it applies.

(1.12) If the district manager requires security under subsection (1.1) (c), the district manager must specify

(a) when the security must be paid,

(b) the amount of security that is required,

(c) the form of the security, and

(d) the circumstances under which the security may be realized.

(1.2) A person who obtains consent under subsection (1) must comply with any conditions imposed under subsection (1.1) in respect of the consent. , and

(c) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1) or (1.2)".

SECTION 106,

(a) in the proposed section 117 (2) (a) by adding "or convictions" after "previous contraventions", and

(b) in the proposed section 117.3 (4) (a), (b) and (c), by deleting "Forest Appeals Commission" and substituting "commission".

SECTION 115, in the proposed section 130 (1) and (2) by deleting "Forest Appeals Commission" and substituting "commission".

SECTION 131, by deleting the section.

SECTION 136,

(a) in the proposed section 247 (1) by adding "or the silviculture prescription is replaced under this Act or the regulations" after "under the silviculture prescription",

(b) in the proposed section 247 (2) by adding "and to an amendment to that silviculture prescription" after "district manager before the date this section comes into force", and

(c) in the proposed section 248 (1) (b) by adding the following:

(vii) carrying out, constructing, modifying or maintaining a range development.

SECTION 140, in the proposed section 18 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, as amended by the Forest Statutes Amendment Act, 1997,

(a) subsection (4.1) is amended by adding "approximate" after "this section must identify the", and

(b) subsection (4.2) is amended by adding "approximate" after "the plan must identify the".

SECTION 141 (b), in the proposed subsection (1.2) is amended by adding "approximate" after "or woodlot licence must identify the".

SECTION 141.1, by adding the following section:

141.1 Section 42 (2) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159 as amended by the Forest Statutes Amendment Act, 1997, is repealed and the following substituted:

(2) If the district manager approves a forest development plan or amendment under subsection (1), the district manager may immediately approve a silviculture prescription or amendment if the district manager determines that

(a) the prescription or amendment complies with the regulations and the standards, and

(b) the timber on the area under prescription should be harvested without delay because it is in danger of being damaged, significantly reduced in value, lost or destroyed.

SECTION 157.1, by adding the following section:

157.1 Despite section 10 (1) (d) of the Forest Practices Code of British Columbia Act, a forest development plan that is submitted for the district manager's approval or given effect by the district manager on or before October 15, 1997 must meet the requirements of the Forest Practices Code of British Columbia Act and the regulations and standards made under that Act that were in effect on June 15, 1997.

SECTION 158,

(a) section 158 (1) (b) and (d) is deleted and the following substituted:

(b) sections 2, 10, 12, 18 to 20, 26, 27, 27.1, 28 to 39, 43 (a), (d) to (g), (l) and (n), 44, 45 to 48, 49 (b) and 50;

(b.1) that part of section 53 that adds section 10 (4) and (5) to the Forest Practices Code of British Columbia Act;

(b.2) sections 54 (a), 55 (a), 62 to 64, 65 (c) and (d), 66, 67, 71, 72, 76, 78, 80, 81, 83 to 85, 90, 92, 93 (a), 94 (b) and (c), 95 (d) and (e), 96 to 98, 100, 105 to 118, 119 (a) and 123 to 128;

(d) sections 138 (b), 139, 141.1, 142, 143, 144 (a) and (c), 145, 146, 147 (b), 151 (d) and (e), 153, 155 and 157. , and

(b) section 158 (3) and (6) is deleted and the following substituted:

(3) Sections 27.1 and 130 are deemed to have come into force on April 21, 1997 and are retroactive to the extent necessary to give them effect on and after that date.

(6) The following come into force on January 5, 1998:

(a) sections 22 (a), 23 to 25, 58, 69, 79 (a), 82, 88, 89 (a) and 91;

(b) that part of section 132 that repeals section 236 of the Forest Practices Code of British Columbia Act;

(c) that part of section 136 enacting Division 7 of Part 11;

(d) sections 138 (a), 140, 141 and 144 (b).

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).


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

COMMITTEE

Committee--

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

Committee--

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

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.

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. 44) intituled Labour Statutes Amendment Act, 1997, PRINTED. Hon. Minister of Labour.


PRIVATE BILLS


PRIVATE MEMBERS' STATEMENTS
(Friday only)


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, 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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