2001 Legislative Session: 1st Session, 37th Parliament


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


[ Progress of Bills . . . ]

No. 1

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia


Tuesday, June 19, 2001


Six o'clock p.m.

This being the first day of the first meeting of the Thirty-seventh Parliament of the Province of British Columbia for the dispatch of business, pursuant to a Proclamation of the Honourable Garde B. Gardom, Q.C., Lieutenant Governor of the Province, dated the 18th day of June, 2001, the Members took their seats, after having taken the prescribed oath and having signed the Parliamentary Roll.

The Honourable Garde B. Gardom, Q.C., Lieutenant Governor of the Province, having entered the House, took his seat on the Throne.

The Honourable G. Plant (Attorney General) said:

Members of the Legislative Assembly:

I am commanded by His Honour the Lieutenant Governor to announce that he does not see fit to declare the cause of his summoning you at this time and will not do so until you have chosen a Speaker to preside over your Honourable Body. His Honour the Lieutenant Governor hopes to be enabled to declare, later today, his reason for calling you together."

His Honour was then pleased to retire.

A ballot was held regarding the Election of Speaker.

E. George MacMinn, Q.C., Clerk of the House, having declared Claude Richmond, Member for Kamloops Electoral District, duly elected, he was then taken out of his place, by the Hon. G. Collins and Ms. MacPhail and conducted to the Chair and made a statement expressing his grateful thanks to the House for the great honour they had been pleased to confer upon him by electing him to be their Speaker.

The Speaker declared a short recess.

Prayers by the Reverend Pamela Ormond.

The Honourable Garde B. Gardom, Q.C., Lieutenant Governor of the Province, having entered the House, took his seat on the Throne. The Speaker standing on His Honour's right, then spoke to the following effect:

MAY IT PLEASE YOUR HONOUR:

The House of Assembly has elected me as their Speaker, though I am but little able to fulfill the important duties thus assigned to me. If, in the performance of those duties, I should at any time fall into error, I pray that the fault be imputed to me and not to the Assembly, whose servant I am, and who, through me, the better to enable them to discharge their duty to the Queen and country, humbly claim all their undoubted rights and privileges, especially that they may have the freedom of speech in their debates, access to Your Honour's person at all seasonable times, and that their proceedings may receive from Your Honour the most favourable interpretation.

The Hon. G. Plant (Attorney General) then said:

HONOURABLE SPEAKER:

I am commanded by His Honour the Lieutenant Governor to declare to you that he freely confides in the duty and attachment of the House of Assembly to Her Majesty's person and Government, and not doubting that their respective proceedings will be conducted with wisdom, temper and prudence, he grants, and upon all occasions will recognize and allow, their constitutional privileges. I am commanded also to assure you that the Assembly shall have ready access to His Honour the Lieutenant Governor upon all seasonable occasions, and that their proceedings, as well as your words and actions, will constantly receive from him the most favourable construction.

His Honour the Lieutenant Governor was then pleased to open the Session by the following gracious Speech:

Honourable Speaker, Members of the Legislature:

It is my pleasure to address you on the opening of the First Session of the Thirty-seventh Parliament of British Columbia.

I am pleased to welcome many new members to the Legislature. British Columbians have elected a new government to serve them and lead their Province. I want to express my appreciation to returning and new members as you take up your duties, which as always will challenge and reward you as you serve the public. Our citizens are entitled to your best, and I am confident you will all meet their expectations.

My government has made many commitments to British Columbians. It has said that over its term it will restore business confidence in British Columbia and attract new investment; improve our education system; protect the environment; and make the processes of government more open, responsive and accountable. It has committed to an aggressive ninety-day agenda of change.

No commitment, however, represents a greater challenge than the improvement of health care.

Like other provinces and indeed other countries, British Columbia faces the need to provide better patient care to meet the requirements of our growing and aging population. Properly targeted resources, a long-term health-care plan, improved public health services, and better community and mental health care are all part of my government's agenda.

These issues, and more, will be addressed in future legislative sessions.

There is, however, a more urgent health-care issue facing British Columbians and my government. A long labour relations dispute between the Nurses Bargaining Association and the Health Employers Association of BC has brought British Columbia's health-care system to a point of crisis. Patients requiring immediate care cannot get beds, and their treatment is deferred. An accumulating backlog of people requiring care will burden the system for many months to come. In recent weeks, another dispute between the employers and the Health Sciences Association threatens additional delays, and more backlogs.

My government recognizes the issues that have led to this situation, and believes they must be addressed. All British Columbians, including those who work in the health-care system, want and demand a successful system, but the underlying problems that have built up over many years cannot be addressed in weeks, or even months. A joint effort -- requiring the best of my government, our public servants, the health authorities, health professionals, and health-care unions -- will be required. Our citizens demand nothing less.

In the short term, however, my government must address the immediate problem. Sending seriously ill patients to hospitals in Washington, while necessary, serves only those in critical need. British Columbians want to see a full restoration of health services now.

My government intends to act decisively, and will present legislation in this session to restore health services. In doing so, it will provide time for the health unions and employers to explore solutions to the most pressing issues that are preventing agreement. My government regards the protection of services that are essential to the well-being of the people of British Columbia as a primary obligation. British Columbians know there is a need for action. My government believes that the calm of reason will allow us to move forward caring for patients while supporting health-care professionals, and that most British Columbians will understand the need for this action.

I leave you to the important business of this session, confident that you will fulfill the heavy responsibilities to British Columbians the electorate has placed on you.

His Honour the Lieutenant Governor was then pleased to retire.

The Speaker reported that, in order to prevent mistakes, he had obtained a copy of His Honour's Speech.

The certificate of the Chief Electoral Officer of the result of the election of Members to represent the respective electoral districts of the Province in the Legislative Assembly at the general election was ready by Ian D. Izard, Esq., Law Clerk and Clerk Assistant, as follows:

Chief Electoral Officer
"Elections BC
"Victoria, B.C., June 7, 2001

"E. George MacMinn, Q.C.
"Clerk of the Legislative Assembly
"Room 221, Parliament Buildings, Victoria, B.C. V8V 1X4

"Re: General Election, May 16, 2001

"Dear Sir:

"His Honour the Lieutenant Governor, by his Proclamation issued on April 18, 2001, was pleased to dissolve the Thirty-sixth Legislative Assembly of the Province, and it was necessary to hold elections to fill vacancies caused by such dissolution. Writs of Election were issued on that date calling for a general election on May 16, 2001. The Writs were returnable on or before June 7, 2001.

"The elections were duly held pursuant to the provisions of the Election Act.

"Requests were made under section 136 of the Election Act for recounts in two electoral districts, namely,

Victoria-Beacon Hill
Victoria-Hillside.

"I hereby certify that the following members have been elected to represent their respective electoral districts as set out hereunder:

Electoral District Elected Member

Abbotsford-Clayburn

John van Dongen

Abbotsford-Mount Lehman

Michael de Jong

Alberni-Qualicum

Gillian Trumper

Bulkey Valley-Stikine

Dennis MacKay

Burnaby-Edmonds

Patty Sahota

Burnaby North

Richard T. Lee

Burnaby-Willingdon

John Nuraney

Burquitlam

Harry Bloy

Cariboo North

John David Wilson

Cariboo South

Walt Cobb

Chilliwack-Kent

Barry Penner

Chilliwack-Sumas

John Les

Columbia River-Revelstoke

Wendy McMahon

Comox Valley

Stan Hagen

Coquitlam-Maillardville

Richard Stewart

Cowichan-Ladysmith

Graham P. Bruce

Delta North

Reni Masi

Delta South

Val Roddick

East Kootenay

Bill Bennett

Esquimalt-Metchosin

Arnie Hamilton

Fort Langley-Aldergrove

Rich Coleman

Kamloops

Claude Richmond

Kamloops-North Thompson

Kevin Krueger

Kelowna-Lake Country

John Alan Weisbeck

Kelowna-Mission

Sindi Hawkins

Langley

Lynn Stephens

Malahat-Juan de Fuca

Brian J. Kerr

Maple Ridge-Mission

Randy Hawes

Maple Ridge-Pitt Meadows

Ken Stewart

Nanaimo

Mike Hunter

Nanaimo-Parksville

Judith Reid

Nelson-Creston

Blair F. Suffredine

New Westminster

Joyce Murray

North Coast

Bill Belsey

North Island

Rod Sanderson Visser

North Vancouver-Lonsdale

Katherine Whittred

North Vancouver-Seymour

Daniel Jarvis

Oak Bay-Gordon Head

Ida Chong

Okanagan-Vernon

Tom Christensen

Okanagan-Westside

Rick Thorpe

Peace River North

Richard Neufeld

Peace River South

Blair Lekstrom

Penticton-Okanagan Valley

Bill Barisoff

Port Coquitlam-Burke Mountain

Karn Manhas

Port Moody-Westwood

Christy Clark

Powell River-Sunshine Coast

Harold Long

Prince George-Mount Robson

Shirley Bond

Prince George North

Pat Bell

Prince George-Omineca

Paul R. Nettleton

Richmond Centre

Greg Halsey-Brandt

Richmond East

Linda Reid

Richmond Steveston

Geoff Plant

Saanich North and the Islands

Murray Robert Coell

Saanich South

Susan Brice

Shuswap

George Malcolm Abbott

Skeena

Roger Brendan Harris

Surrey-Cloverdale

Kevin Falcon

Surrey-Green Timbers

Brenda Locke

Surrey-Newton

Tony Bhullar

Surrey-Panorama Ridge

Gulzar Cheema

Surrey-Tynehead

Dave Hayer

Surrey-Whalley

Elayne Brenzinger

Surrey-White Rock

Gordon J. Hogg

Vancouver-Burrard

Lorne Mayencourt

Vancouver-Fairview

Gary Farrell-Collins

Vancouver-Fraserview

Ken Johnston

Vancouver-Hastings

Joy MacPhail

Vancouver-Kensington

Patrick Wong

Vancouver-Kingsway

Rob Nijjar

Vancouver-Langara

Val Anderson

Vancouver-Mount Pleasant

Jenny Wai Ching Kwan

Vancouver-Point Grey

Gordon Campbell

Vancouver-Quilchena

Colin Gordon Hansen

Victoria-Beacon Hill

Jeff Bray

Victoria-Hillside

Sheila Orr

West Kootenay-Boundary

Sandy Santori

West Vancouver-Capilano

Ralph Sultan

West Vancouver-Garibaldi

Ted Nebbeling

Yale-Lillooet

Dave Chutter

"Yours very truly
"Robert A. Patterson
"Chief Electoral Officer"

On the motion of the Hon. G. Plant (Attorney General) it was Ordered --
That the certificate of the Chief Electoral Officer of the result of the election of Members be entered upon the Journals of the House.

On the motion of the Hon. G. Plant (Attorney General), Bill (No. 1) intituled An Act to Ensure the Supremacy of Parliament 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.

On the motion of the Hon. G. Collins, seconded by Ms. MacPhail, it was Ordered --
That John Weisbeck, Member for Kelowna-Lake Country Electoral District be appointed Deputy Speaker for this session of the Legislative Assembly.

On the motion of the Hon. G. Plant (Attorney General), it was Ordered --
That the Votes and Proceedings of this House be printed, being first perused by the Speaker, and that he do appoint the printing thereof, and that no person but such as he shall appoint do presume to print the same.

Ms. MacPhail reserved her right to raise a matter of privilege relating to the status of her party as Official Opposition and related matters.

The Speaker stated that he was prepared to receive submissions in an attempt to resolve this matter short of a formal decision from the Chair.

The Hon. G. Bruce (Minister of Skills Development and Labour) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

Garde B. Gardom, Q.C.
  Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 2) intituled Health Care Services Continuation Act and recommends the same to the Legislative Assembly.

Government House,
June 18, 2001


Bill introduced and read a first time.

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

The Hon. G. Collins proposed that, pursuant to Standing Order 81, the Bill be permitted to be advanced all stages this day.

Ms. Kwan made representations.

Ms. MacPhail made representations.

The Speaker declared a short recess.

The Speaker delivered his reserved decision as follows:

Honourable Members:

I have now had an opportunity to consider the arguments presented in relation to Bill No. 2 and I have examined previous decisions of this House relating to Standing Order 81.

I am fully aware of the stringent guidelines which apply to any application to advance legislation more than one stage in one day, but I am persuaded by the precedents and the arguments presented that this Bill fits that narrow class which fills the requirements of Standing Order 81.

I therefore rule that this Bill may be permitted to advance all stages this day.

Claude Richmond, Speaker

On the motion for second reading of Bill (No. 2) intituled Health Care Services Continuation Act a debate arose.

Upon a point of order being raised by the Government House Leader leave was granted for the Member for Vancouver-Hastings to have up to 2 hours time in debate on second reading of Bill 2.

The debate continued.

The House divided.

Motion agreed to on the following division:

YEAS -- 76
Falcon
Coell
Hogg
L. Reid
Halsey Brandt
Hawkins
Whittred
Cheema
Hansen
J. Reid
Bruce
Santori
van Dongen
Barisoff
Nettleton
Roddick
Wilson
Masi
Lee
Thorpe
Hagen
Murray
Plant
Campbell
Collins
Clark
Bond
de Jong
Nebbeling
Stephens
Abbott
Neufeld
Coleman
Weisbeck
Chong
Penner
Jarvis
Anderson
Orr
Harris
Nuraney
Brenzinger
Belsey
Trumper
Sanderson Visser
Mayencourt
Long
Chutter
Bell
Johnston
Bennett
R. Stewart
Hayer
Christensen
Krueger
McMahon
Bray
Les
Locke
Nijjar
Bhullar
Bloy
Wong
Suffredine
Brice
Cobb
K. Stewart
Lekstrom
MacKay
Sultan
Hamilton
Sahota
Hawes
Kerr
Manhas
Hunter
 
NAYS -- 2
MacPhail Kwan

Bill (No. 2) read a second time.

On the motion of the Hon. G. Bruce, Bill (No. 2) was referred to a Committee of the Whole House to be considered forthwith.

Ms. Kwan moved an amendment to section 2 (1) (c) of Bill (No. 2) which was defeated on the following division:

YEAS -- 2

MacPhail Kwan

NAYS -- 75
Falcon
Coell
Hogg
L. Reid
Halsey Brandt
Hawkins
Whittred
Cheema
Hansen
J. Reid
Bruce
Santori
van Dongen
Barisoff
Nettleton
Roddick
Wilson
Masi
Lee
Thorpe
Hagen
Murray
Plant
Campbell
Collins
Clark
Bond
de Jong
Nebbeling
Stephens
Abbott
Neufeld
Coleman
Chong
Penner
Jarvis
Anderson
Orr
Harris
Nuraney
Brenzinger
Belsey
Trumper
Sanderson Visser
Mayencourt
Long
Chutter
Bell
Johnston
Bennett
R. Stewart
Hayer
Christensen
Krueger
McMahon
Bray
Les
Locke
Nijjar
Bhullar
Bloy
Wong
Suffredine
Brice
Cobb
K. Stewart
Lekstrom
MacKay
Sultan
Hamilton
Sahota
Hawes
Kerr
Manhas
Hunter

Ms. Kwan moved an amendment to section 2 (1) (d) of Bill (No. 2) which was defeated on the following division:

YEAS -- 2

MacPhail Kwan

NAYS -- 74
Falcon
Coell
Hogg
L. Reid
Halsey Brandt
Hawkins
Whittred
Cheema
Hansen
J. Reid
Bruce
Santori
van Dongen
Barisoff
Nettleton
Roddick
Wilson
Masi
Lee
Thorpe
Hagen
Murray
Plant
Campbell
Collins
Bond
de Jong
Nebbeling
Stephens
Abbott
Neufeld
Coleman
Chong
Penner
Jarvis
Anderson
Orr
Harris
Nuraney
Brenzinger
Belsey
Trumper
Sanderson Visser
Mayencourt
Long
Chutter
Bell
Johnston
Bennett
R. Stewart
Hayer
Christensen
Krueger
McMahon
Bray
Les
Locke
Nijjar
Bhullar
Bloy
Wong
Suffredine
Brice
Cobb
K. Stewart
Lekstrom
MacKay
Sultan
Hamilton
Sahota
Hawes
Kerr
Manhas
Hunter

Ms. MacPhail moved an amendment to section 4 (2) of Bill (No. 2) which was defeated on the following division:

YEAS -- 2

MacPhail Kwan

NAYS -- 73
Falcon
Coell
Hogg
L. Reid
Halsey Brandt
Hawkins
Whittred
Cheema
Hansen
J. Reid
Bruce
Santori
van Dongen
Barisoff
Nettleton
Roddick
Wilson
Masi
Lee
Thorpe
Hagen
Murray
Plant
Campbell
Collins
Bond
de Jong
Nebbeling
Stephens
Abbott
Neufeld
Coleman
Chong
Penner
Jarvis
Anderson
Orr
Harris
Nuraney
Brenzinger
Belsey
Trumper
Sanderson Visser
Mayencourt
Long
Chutter
Bell
Johnston
Bennett
Hayer
Christensen
Krueger
McMahon
Bray
Les
Locke
Nijjar
Bhullar
Bloy
Wong
Suffredine
Brice
Cobb
K. Stewart
Lekstrom
MacKay
Sultan
Hamilton
Sahota
Hawes
Kerr
Manhas
Hunter

Ms. MacPhail moved an amendment to section 5 of Bill (No. 2) which was defeated on the following division:

YEAS -- 2

MacPhail Kwan

NAYS -- 74
Falcon
Coell
Hogg
L. Reid
Halsey Brandt
Hawkins
Whittred
Cheema
Hansen
J. Reid
Bruce
Santori
van Dongen
Barisoff
Nettleton
Roddick
Wilson
Masi
Lee
Thorpe
Hagen
Murray
Plant
Campbell
Collins
Bond
de Jong
Nebbeling
Stephens
Abbott
Neufeld
Coleman
Chong
Penner
Jarvis
Anderson
Orr
Harris
Nuraney
Brenzinger
Belsey
Trumper
Sanderson Visser
Mayencourt
Long
Chutter
Bell
Johnston
Bennett
R. Stewart
Hayer
Christensen
Krueger
McMahon
Bray
Les
Locke
Nijjar
Bhullar
Bloy
Wong
Suffredine
Brice
Cobb
K. Stewart
Lekstrom
MacKay
Sultan
Hamilton
Sahota
Hawes
Kerr
Manhas
Hunter

Bill (No. 2) was reported complete without amendment, read a third time and passed, on division.

The Speaker declared a short recess.

His Honour the Lieutenant Governor having entered the House, and being seated in the Chair --

Robert Vaive, Esq., Clerk Assistant, read the title to the following Act:

Bill (No. 2) Health Care Services Continuation Act.

His Honour was pleased in Her Majesty's name to give assent to the said Act.

The said assent was announced by Robert Vaive, Esq., Clerk Assistant of the House, in the following words:

"In Her Majesty's name, His Honour the Lieutenant Governor doth assent to this Act."

His Honour the Lieutenant Governor was then pleased to retire.

The Hon. G. Collins 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-seventh 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 1.33 a.m.

CLAUDE RICHMOND, Speaker

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