1997 Legislative Session: 2nd Session, 36th Parliament
Ten o'clock a.m.
Prayers by Mr. Giesbrecht.
The Speaker made the following statement:
Honourable Members:
Yesterday before third reading of the Job Protection Amendment Act, 1997, the House Leader of the Official Opposition rose on a point of order requesting the Chair to rule the Bill out of order on the grounds that section 4 made reference to the Revised Statutes of British Columbia, 1996, which would not come into effect until April 21st. At the time, I indicated to the Member that I was not prepared to rule the Bill out of order and would proceed to third reading, pending provision of a legal opinion for the benefit of the Members.
From time to time, the Statutes of British Columbia are revised so that amendments which have occurred from year to year are incorporated into the general body of statute law. Recent revisions have included 1948, 1960 and 1979. Revisions are governed by the Statute Revision Act, S.B.C. 1992, c. 54, and the revision of 1996 was prepared pursuant to the terms of that Act. In February of 1997 the Chief Legislative Counsel deposited with the Clerk of the House the 15 volume set of Revised Statutes, which were then presented to a Committee of this House for approval. The Committee recommended approval of the Revised Statutes of 1996 to the Lieutenant Governor on February 28th, and the Lieutenant Governor signified his approval on March 4th, as appears by the certification in the volumes presented to the Clerk of the House. Subsequently, the Lieutenant Governor in Council passed an Order bringing the Revised Statutes of 1996 into effect on April 21, 1997.
The Revised Statutes of 1996 are, in effect, a snapshot of the law as it existed on December 31, 1996. For the sake of certainty and in accordance with the Act, the revision comes into effect on the date established in the Order in Council. All of the events leading up to the revision coming into effect have taken place, and accordingly, the appropriate method of drafting would be to refer to the revision rather than to the previous reference which, in 11 days from now, will no longer be valid.
Section 1 of the Bill enacts an amendment to the Job Protection Act, S.B.C. 1991, c. 4. Section 4 enacts the same amendment to the Revised Statutes 1996 to bring them into step on April 21, 1997.
The form of the Bill is not unusual and a check of the House records will indicate that on previous occasions the House has entertained bills modifying acts or portions of acts not yet in effect, as for administrative convenience, the effective date is often set by Order in Council.
For the foregoing reason, it is my opinion that the Bill is not out of order.
Dale Lovick, Speaker
The House proceeded to "Orders of the Day."
Pursuant to Order, the House resumed the adjourned debate on the motion "That the Speaker do now leave the Chair" for the House to go into Committee of Supply.
The debate continued.
On the motion of Ms. Sanders, the debate was adjourned to the next sitting of the House.
And then the House adjourned at 11.59 a.m.
Thursday, April 10, 1997
Two o'clock p.m.
The Hon. U. Dosanjh (Attorney General and Minister Responsible for Multiculturalism, Human Rights and Immigration) presented to the Speaker a Message from His Honour the Administrator, which read as follows:
Allan McEachern
Administrator
The Administrator transmits herewith a Bill (No. 13) intituled Electoral Boundaries Commission Amendment Act, 1997 and recommends the same to the Legislative Assembly.
Government House,
April 7, 1997.
Bill introduced and read a first time.
Bill Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.
The Hon. C. Evans (Minister of Agriculture, Fisheries and Food) presented to the Speaker a Message from His Honour the Administrator, which read as follows:
Allan McEachern
Administrator
The Administrator transmits herewith a Bill (No. 12) intituled Milk Industry Amendment Act, 1997 and recommends the same to the Legislative Assembly.
Government House,
April 7, 1997.
Bill introduced and read a first time.
Bill Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.
On the motion of Mr. Randall, Bill (No. M 203) intituled Tobacco Sales Amendment Act, 1997, 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."
Mr. van Dongen tabled a petition relating to the expansion of casinos and video lottery terminals.
The Hon. M. Farnworth (Minister of Municipal Affairs and Housing) tabled the Assessment Appeal Board Annual Report, 1996.
The Hon. J. Cashore (Minister of Labour) tabled the Workers' Compensation Board of British Columbia Annual Report, 1996, together with a document entitled Statistics '96.
The Hon. L. Boone (Minister of Transportation and Highways) tabled the Ministry of Transportation and Highways Annual Report, 1994-95.
Mr. Krueger tabled a petition.
The Hon. A. Petter (Minister of Finance and Corporate Relations and Minister Responsible for Intergovernmental Relations) made a ministerial statement relating to revisions to the Ministry of Finance and Corporate Relations' estimate of BC Hydro's debt and, by leave, tabled revised budget documents relating thereto.
Mr. Gingell made a statement.
By leave, Mr. Weisgerber made a statement.
By leave, Mr. G. F. Wilson made a statement.
The House proceeded to "Orders of the Day."
Pursuant to Order, the House resumed the adjourned debate on the motion "That the Speaker do now leave the Chair" for the House to go into Committee of Supply.
The debate continued.
The House divided.
Motion agreed to on the following division:
| YEAS -- 37 | |||
| Evans Zirnhelt McGregor Boone Hammell Streifel Pullinger Farnworth Kwan Waddell | Calendino Stevenson Bowbrick Goodacre Giesbrecht Walsh Kasper Orcherton Hartley | Priddy Petter Miller Dosanjh MacPhail Cashore Ramsey Brewin Sihota | Randall Sawicki Lali Doyle Gillespie Robertson Smallwood Conroy Janssen |
NAYS -- 34 | |||
| Dalton Gingell Reid Campbell Farrell-Collins Sanders Hurd Stephens de Jong | Coell Anderson Nebbeling Whittred van Dongen Thorpe Penner Weisgerber J. Wilson | Reitsma Hansen C. Clark Symons Hawkins Abbott Jarvis Weisbeck | Chong Coleman Nettleton Masi McKinnon Krueger Barisoff Neufeld |
And then the House adjourned at 5.52 p.m.
DALE LOVICK, Speaker
NOTICE OF MOTIONS
Friday, April 11
52 Mr. G. F. Wilson to move--
53 The Hon. J. MacPhail to move--
1. The Standing Orders applicable to the Committee of the Whole House shall be applicable in both Sections of the Committee of Supply save and except that in Section A, a Minister may defer to a Deputy Minister to permit such Deputy to reply to a question put to the Minister.
2. Subject to paragraph 3, within one sitting day of the passage of this Motion, the House Leader of the Official Opposition may advise the Government House Leader, in writing, of three ministerial Estimates which the Official Opposition requires to be considered in Section B of the Committee of Supply, and upon receipt of such notice in writing, the Government House Leader shall confirm in writing that the said three ministerial Estimates shall be considered in Section B of the Committee of Supply.
3. All Estimates shall stand referred to Section A, save and except those Estimates which shall be referred to Section B under the provisions of paragraph 2 of this Order and such other Estimates as shall be referred to Section B on motion by the Government House Leader, which motion shall be governed by the provisions of Standing Order 60a. Practice Recommendation #6 relating to Consultation shall be applicable to this rule.
4. Section A shall consist of 18 Members, being 10 Members of the New Democratic Party, 7 Members of the Liberal Party, and 1 other Member. In addition, the Deputy Chair of the Committee of the Whole, or his or her nominee, shall preside over the debates in Section A. Substitution of Members will be permitted to Section A with the consent of that Member's Whip, where applicable, otherwise with the consent of the Member involved. For the second session of the Thirty-sixth Parliament, the Members of Section A shall be as follows: the Minister whose Estimates are under consideration and Messrs. Calendino, Giesbrecht, Lali, Robertson, Orcherton and Stevenson, Mmes. Gillespie, Kwan and Sawicki and Messrs. Anderson, Dalton, Hansen, Masi, Symons and Thorpe, Ms. McKinnon and Mr. Weisgerber.
5. At fifteen minutes prior to the ordinary time fixed for adjournment of the House, the Chair of Section A will report to the House. In the event such report includes the last vote in a particular ministerial Estimate, after such report has been made to the House, the Government shall have a maximum of eight minutes, and the Official Opposition a maximum of five minutes, and all other Members (cumulatively) a maximum of three minutes to summarize the Committee debate on a particular ministerial Estimate completed, such summaries to be in the following order:
(1) Other Members;
(2) Official Opposition; and
(3) Government.
6. Section B shall be composed of all Members of the House.
7. Divisions in Section A will be signalled by the ringing of the division bells four times.
8. Divisions in Section B will be signalled by the ringing of the division bells three times at which time proceedings in Section A will be suspended until completion of the division in Section B.
9. Section B is hereby authorized to consider Bills referred to Committee after second reading thereof and the Standing Orders applicable to Bills in Committee of the Whole shall be applicable to such Bills during consideration thereof in Section B, and for all purposes Section B shall be deemed to be a Committee of the Whole. Such referrals to Section B shall be made upon motion without notice by the Minister responsible for the Bill, and such motion shall be decided without amendment or debate. Practice Recommendation #6 relating to Consultation shall be applicable to all such referrals.
10. Bills or Estimates previously referred to a designated Committee may at any stage be subsequently referred to another designated Committee on motion of the Government House Leader or Minister responsible for the Bill as hereinbefore provided by Rules No. 3 and 9.
MEETINGS OF COMMITTEES
SELECT STANDING COMMITTEE ON ABORIGINAL AFFAIRS
The Committee will meet at 9 o'clock a.m. on Friday, April 11, in the Douglas Fir Room (Room 226).
Business: Organization.
I. Waddell, Convener
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