2003 Legislative Session: 4th Session, 37th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
[ Schedule A . . . ]
No. 88
OF THE
Tuesday, October 21, 2003
10 a.m.
ROUTINE BUSINESS
PRAYERS
INTRODUCTION OF BILLS
1 Ms. MacPhail to introduce a bill intituled Forest Tenure Reform Act, 2003.
2 Ms. Kwan to introduce a bill intituled Childcare Rights Act, 2003.
3 Mr. Nettleton to introduce a bill intituled An Act to Prohibit any Participation by the Government of British Columbia in respect of the Operation of the Canadian Firearms Registration System.
STATEMENTS (STANDING ORDER 25B)
(Afternoon sittings: Monday, Tuesday, Wednesday, and Thursday)
ORAL QUESTION PERIOD
(15 minutes, afternoon sittings: Monday, Tuesday, Wednesday, Thursday)
PRESENTING PETITIONS
READING AND RECEIVING PETITIONS
PRESENTING REPORTS
MOTIONS ON NOTICE
(See Schedule A -- Government Motions)
(See Schedule D -- Private Members' Motions)
WRITTEN QUESTIONS ON NOTICE
(See Schedule B)
PROPOSED AMENDMENTS ON NOTICE
52 The Hon. S. Bond to move, in Committee of the Whole on Bill (No. 52) intituled Private Career Training Institutions Act, to amend as follows:
SECTION 14, by deleting the proposed subsection (2) and substituting the following:
(2) A registered institution must
(a) collect from its students the prescribed training completion fee payments as they become due, and
(b) pay the amounts collected under paragraph (a) to the fund through the board.
SECTION 25 (2), by deleting the proposed paragraph (g) and substituting the following:
(g) prescribing training completion fee payments for the purpose of section 14 (2) and the dates on which these payments are due before, during or after the training is provided; .
53 The Hon. J. Murray to move, in Committee of the Whole on Bill (No. 53) intituled Integrated Pest Management Act, to amend as follows:
SECTION 9, by deleting the proposed section 9 (3) (a) and substituting the following:
(a) refuse to issue a licence, certificate or permit,
(a.1) on application by the holder, amend a licence, certificate or permit, or refuse to make the amendment,
(a.2) on the administrator's own initiative, amend a licence, certificate or permit, .
SECTION 14, in the proposed section 14 (1) (c) by deleting ", renewing".
SECTION 39, in the proposed paragraph (k) by deleting "multiple use dwellings;" and substituting "multiple residence buildings;".
54 The Hon. C. Hansen to move, in Committee of the Whole on Bill (No. 54) intituled Pharmacists, Pharmacy Operations and Drug Scheduling Amendment Act, 2003, to amend as follows:
SECTION 3, in the proposed section 38 (1)
(a) by deleting "may" and substituting "must", and
(b) by deleting "disclosure" and substituting "all disclosure".
SECTION 4, by deleting section 4 and substituting the following:
4 Section 38.1 is amended
(a) in subsection (1) by striking out "subsection (2) (c)," and substituting "subsection (2) (e)," and by repealing paragraph (c) and substituting the following:
(c) other persons designated under subsection (2) (b);
(d) other persons designated under subsection (2) (c) or (d).
(b) in subsection (2) by striking out "and" at the end of paragraph (b) and by repealing paragraph (c) and substituting the following:
(c) designating other persons, by name or by class as established by the regulation, who for the purposes of Pharmacare monitoring and evaluation, are permitted to have access without the names and addresses of patients or practitioners,
(d) designating other persons, by name or by class as established by the regulation, who are permitted to have access for the purpose of record linkage and subsequent removal or destruction of individual identifiers, and
(e) establishing requirements, restrictions and conditions related to access by a person, body or class of persons. , and
(c) by adding the following subsections:
(3) It is the duty of a person designated under subsection (2) (d) to remove or destroy the individual identifiers at the earliest reasonable time.
SECTION 5, in the proposed section 39
(a) in the proposed subsection (6) by deleting "section" and substituting "Act", and
(b) by adding the following subsection:
(7) Subject to the rules under section 38 (4), the PharmaNet stewardship committee may, on request by a person engaged in research
(a) described in section 37 (1) (h) or (i), or
(b) approved for purposes of this subsection by the PharmaNet stewardship committee,
disclose patient record information to the person in a form that does not include the names and addresses of patients or practitioners.
56 The Hon. J. Murray to move, in Committee of the Whole on Bill (No. 56) intituled Flood Hazard Statutes Amendment Act, 2003, to amend as follows:
SECTION 19, in the proposed section 910 of the Local Government Act,
(a) by deleting subsection (2) and substituting the following:
(2) If land is designated as a flood plain under subsection (1), the local government may, by bylaw, specify
(a) the flood level for the floodplain, or different flood levels for different areas of the flood plain, and
(b) the setback from a watercourse, body of water or dike of any landfill or structural support required to elevate a floor system or pad above the flood level, which setback may be different for different areas of the floodplain and for different flood levels. , and
(b) by deleting subsection (4) and substituting the following:
(4) If a bylaw under subsection (2) applies,
(a) the underside of any floor system, or the top of any pad supporting any space or room, including a manufactured home, that is used for
(i) dwelling purposes,
(ii) business, or
(iii) the storage of goods which are susceptible to damage by floodwater
must be above the applicable flood level specified by the bylaw, and
(b) any landfill required to support a floor system or pad must not extend within any applicable setback specified by the bylaw.
SECTION 23, by deleting section 23 and substituting the following:
Commencement
23 Section 16 comes into force on January 1, 2004.
57 The Hon. J. Murray to move, in Committee of the Whole on Bill (No. 57) intituled Environmental Management Act, to amend as follows:
SECTION 8, by deleting the proposed section 8 and substituting the following:
Hazardous waste management facility
8 A person must not construct, establish, alter, enlarge, extend, use or operate a facility for the treatment, recycling, storage, disposal or destruction of a hazardous waste except in accordance with the regulations.
SECTION 107,
(a) in the proposed subsection (2) by deleting "prescribed for the purposes of subsection (1)" and substituting "in respect of which a conservation officer has enforcement authority" , and
(b) in the proposed subsection (3) by deleting "prescribed for the purposes of subsection (1)" and substituting "in respect of which a conservation officer has enforcement authority".
SECTION 108, in the proposed section 108 by deleting "prescribed for the purpose of section 107 (1) [enforcement powers of the Conservation Officer Service]".
SECTION 129, in the proposed section 129 by deleting "prescribed for the purposes of section 107 (1) [enforcement powers of the Conservation Officer Service]".
SECTION 139, in the proposed subsection (5) by deleting "If a regulation under this Act may establish a code, standard or rule, the regulation may" and substituting "A regulation under this Act may".
59 The Hon. G. Collins to move, in Committee of the Whole on Bill (No. 59) intituled Financial Administration Amendment Act, 2003, to amend as follows:
SECTION 2, by deleting the proposed section 2 and substituting the following:
2 Sections 3, 5, 6, 9, 12, 14, 15, 22, 37, 39 to 41, 43 to 45, 47, 56.1, 57 to 62, 70, 72, 75 to 79, 79.2, 79.3, 80 and 82 are amended by striking out "Minister of Finance and Corporate Relations" wherever it appears and substituting "Minister of Finance".
SECTION 17.1, by adding the following section:
17.1 Section 83 is amended by striking out "Minister of Finance and Corporate Relations" wherever it appears and substituting "Minister of Provincial Revenue".
SECTION 19.1, by adding the following section under the heading Consequential Amendments and Transitional:
Home Owner Grant Act
19.1 Section 12 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended
(a) in subsection (1) (b) by striking out "Minister of Finance and Corporate Relations" and substituting "Minister of Provincial Revenue", and
(b) by striking out "Minister of Municipal Affairs and Housing" wherever it appears and substituting "Minister of Provincial Revenue".
SECTION 20.1, by adding the following section:
Indian Self Government Enabling Act
20.1 Sections 5 (3), 31, 32, and 33 (1) of the Indian Self Government Enabling Act, R.S.B.C. 1996, c. 219, are amended by striking out "Minister of Finance and Corporate Relations" and substituting "Minister of Provincial Revenue".
SECTION 20.2, by adding the following section:
Insurance Premium Tax Act
20.2 Sections 12 (3), 34 (3) and 40 (1) of the Insurance Premium Tax Act, R.S.B.C. 1996, c. 232, are amended by striking out "Ministry of Finance and Corporate Relations" and substituting "Ministry of Provincial Revenue".
SECTION 20.3, by adding the following section:
Pension Agreement Act
20.3 Section 4 of the Pension Agreement Act, R.S.B.C. 1996, c. 351, is amended by striking out "Minister of Finance and Corporate Relations," and substituting "Minister of Finance".
SECTION 20.4, by adding the following section:
Taxation (Rural Area) Act
20.4 Section 51 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by striking out "Ministry of Finance and Corporate Relations" and substituting "Ministry of Provincial Revenue".
SCHEDULE A, by deleting the proposed Schedule A and substituting the following:
Schedule A
| Act being amended | Section or other provision |
| Assessment Act R.S.B.C. 1996, c. 20 |
32 (2) 66 (2) |
| Assessment Authority Act R.S.B.C. 1996, c. 21 |
20 (3) and (5) |
| British Columbia Buildings Corporation Act R.S.B.C. 1996, c. 33 |
3 (2) 7 (3) 9 (9) 11 (1) 12 (2), (3) in both places and (4) 13 (1) in both places 14 (2) (a) in both places and (2) (i) 15 (2) 16 (2) |
| British Columbia Transit Act R.S.B.C. 1996, c. 38 |
23 (3) 27 28 (1), (7) and (11) 29 (2) 30 (2) |
| Build BC Act R.S.B.C. 1996, c. 40 |
12 (4) (e) 18 (1) (a), (3), (7) (b) and (11) 19 (1) 20 22 23 (1) in both places, (5) and (9) 24 25 (2) (c) and (3) (b) |
| College and Institute Act R.S.B.C. 1996, c. 52 |
31 (1) 32 34 (1) 50 (2) 52 56 |
| Columbia Basin Trust Act R.S.B.C. 1996, c. 53 |
3 (2) 14 (1) in both places 26 (1) and (4) 28 (1) (b) |
| Community Care Facility Act R.S.B.C. 1996, c. 60 |
10 (3) (c) and (4) |
| Community Financial Services Act R.S.B.C. 1996, c. 61 |
3 (2), (3), (4), and (5) in both places 5 (4) 14 (1) (a) and (b) 15 (1) 19 (3) (a) (ii) 21 (3) 26 (3) 36 (7) |
| Company Act R.S.B.C. 1996, c. 62 |
233 (5) and (6) |
| Company Clauses Act R.S.B.C. 1996, c. 63 |
187 |
| Constitution Act R.S.B.C. 1996, c. 66 |
49 (1) |
| Continuing Care Act R.S.B.C. 1996, c. 70 |
8 (2) (d) |
| Cooperative Association Act S.B.C. 1999, c. 28 |
210 |
| Court Order Enforcement Act R.S.B.C. 1996, c. 78 |
6 (3) |
| Crown Proceeding Act R.S.B.C. 1996, c. 89 |
13 (4) 14 (1), (2) and (4) 15 (1) and (2) |
| Electronic Transactions Act S.B.C. 2001, c. 10 |
14 (1) and (2) |
| Escheat Act R.S.B.C. 1996, c. 120 |
13 (2) |
| Expropriation Act R.S.B.C. 1996, c. 125 |
1 in paragraph (f) of the definition of “approving authority” |
| Farm Income Insurance Act R.S.B.C. 1996, c. 130 |
2 (a) and (f) |
| Financial Information Act R.S.B.C. 1996, c. 140 |
2 (5) 3 4 (1) 6 |
| Financial Institutions Act R.S.B.C. 1996, c. 141 |
271 (5) (b), and (6) in both places 289 (3) (q) |
| Fish Inspection Act R.S.B.C. 1996, c. 148 |
8 (4) |
| Freedom of Information and Protection of
Privacy Act R.S.B.C. 1996, c. 165 |
Schedule 2 |
| Gas Safety Act R.S.B.C. 1996, c. 169 |
38 (2) |
| Geothermal Resources Act R.S.B.C. 1996, c. 171 |
12 (4) (c) |
| Greater Vancouver Transportation Authority
Act S.B.C. 1998, c. 30 |
39 (1) and (3) (a) 40 (6) 47 (3) 50 (1), (2) and (2) (a) |
| Greenbelt Act R.S.B.C. 1996, c. 176 |
5 (1) |
| Health Act R.S.B.C. 1996, c. 179 |
59 (2) 74 (4) (b) 87 |
| Home Owner Grant Act R.S.B.C. 1996, c. 194 |
12 (4) 14 (2) and (3) 17 (1) (b), (3) (b), (4) (a), (7) (a) (i) and (9) 18 (2) (c) |
| Homeowner Protection Act S.B.C. 1998, c. 31 |
6 (1), (3) in both places, and (8) 25 (3) and (4) |
| Hospital District Act R.S.B.C. 1996, c. 202 |
2 (4) 3 (1) (j) (iv) 25 (3) 35 (2) (a), (2) (a) (ii) and (4) 39 (3) 41 (6) in both places |
| Hydro and Power Authority Act R.S.B.C. 1996, c. 212 |
3 (2) 21 (10), (16), (20), (21) (a) and (b) and (22) 22 in both places 23 (2) and (3) 24 (2) (a) 25 (g) 28 (1) |
| Hydro and Power Authority Privatization
Act R.S.B.C. 1996, c. 213 |
18 (2) and (3) 19 (1), (2) in both places, and (3) |
| Independent School Act R.S.B.C. 1996, c. 216 |
|
| 12 (1) 13 (1) |
|
| Indian Self Government Enabling Act R.S.B.C. 1996, c. 219 |
33 (2) |
| Industry Training and Apprenticeship Act S.B.C. 1997, c. 50 |
9 (1), (3) in both places, and (10) 10 (1) and (2) 20 (3) |
| Innovation and Science Council Act R.S.B.C. 1996, c. 415 |
16 (1) and (3) in both places |
| Institute of Technology Act R.S.B.C. 1996, c. 225 |
14 (2) (a) 22 (6) and (7) in both places 23 (1) 24 |
| Insurance Corporation Act R.S.B.C. 1996, c. 228 |
16 18 (2) 20 (3) and (7) 21 (2) 23 (1) (b) 25 (1) and (2) 38 in both places |
| Interpretation Act R.S.B.C. 1996, c. 238 |
29 in the definition of “Provincial Treasurer” or “Treasurer” in both places |
| Islands Trust Act R.S.B.C. 1996, c. 239 |
47 (2) (a) 48 (1) 49 (3) 49.7 (1), (3) (a), (4) and (5) 49.8 (2) (b) 53 (2) (k) (iv) |
| Land Act R.S.B.C. 1996, c. 245 |
35 (3) 36 (1) and (2) 46 (2) 48 (1) (a) 59 (1) (c) and (7) |
| Land Title Act R.S.B.C. 1996, c. 250 |
295 (1) 296 (5) in both places, (6) and (7) 298 (3) and (4) 302 (1) in both places 305 (3) 306 307 386 (9) |
| Legislative Assembly Allowances
and Pension Act R.S.B.C. 1996, c. 257 |
|
| 12 (2) 16 (2) and (5) 29 31 (1) in both places |
|
| Legislative Assembly Management Committee R.S.B.C. 1996, c. 258 |
6.1 |
| Library Act R.S.B.C. 1996, c. 264 |
22 (2) (a) |
| Liquor Control and Licensing Act R.S.B.C. 1996, c. 267 |
71 (3) |
| Liquor Distribution Act R.S.B.C. 1996, c. 268 |
31 (2) and (3) (a) |
| Livestock Act R.S.B.C. 1996, c. 270 |
10 (1) |
| Local Government Act R.S.B.C. 1996, c. 323 |
9 (2) (c) 23 (1) and (4) 756 (3) (a), (6), (7), (8) and (9) (c) 756.2 (4) in both places 769 770 (3) 806 (2) (c) and (3) 806.1 (1) |
| Local Services Act R.S.B.C. 1996, c. 276 |
6 (1) 7 (2) |
| Medical and Health Care Services Special
Account Act R.S.B.C. 1996, c. 284 |
2 (2) |
| Ministry of Health Act R.S.B.C. 1996, c. 301 |
8 |
| Motor Dealer Act R.S.B.C. 1996, c. 316 |
14 (4) |
| Motor Vehicle Act R.S.B.C. 1996, c. 318 |
20 (2) 40 (2) 77 (1) 114 (1), (2) and (3) |
| Motor Vehicle (All Terrain) Act R.S.B.C. 1996, c. 319 |
10 (3) |
| Municipal Finance Authority Act R.S.B.C. 1996, c. 325 |
16 (4) 19 (4) |
| Natural Products Marketing (BC) Act R.S.B.C. 1996, c. 330 |
8 (11) (b) 20 22 (4) (c) |
| Oil and Gas Commission Act S.B.C. 1998, c. 39 |
13 (1), (4) and (6) 15 (1) (b) 16 (1) and (2) 23 |
| Open Learning Agency Act R.S.B.C. 1996, c. 341 |
10 (1) 11 |
| Pacific North Coast Native Cooperative Act R.S.B.C. 1996, c. 343 |
3 |
| Petroleum and Natural Gas Act R.S.B.C. 1996, c. 361 |
3 (3) 94 (1) (c) 106 (2) and (4) in both places |
| Police Act R.S.B.C. 1996, c. 367 |
11 (3) 38 (3) 42 (2) 44 (3) |
| Provincial Court Act R.S.B.C. 1996, c. 379 |
43 (2) and (3) |
| Public Guardian and Trustee Act R.S.B.C. 1996, 383 |
9 (4) (c) 12 (4) in both places, (5), (6) and (7) 14 (b) 15 (as consolidated in the Supplement) 24 (2) (d) and (3) 26 (2) |
| Public Sector Pension Plans Act S.B.C. 1999, c. 44 |
6 (2) 9 (2) (d) (ii) and (v) 17 (2) 18 (4) 20 (2) (e) (ii) and (v) 27 (1) 28 (1), (2) (a) and (5) Schedule A 5 (2) (h) (iv) |
| Public Service Benefit Plan Act R.S.B.C. 1996, c. 386 |
5 in both places 6 (1) 9 in paragraph (a) of the definition of “employer” 12 (3) 16 |
| Queen’s Printer Act R.S.B.C. 1996, c. 394 |
9 (1) and (2) 11 (2) |
| Real Estate Act R.S.B.C. 1996, c. 397 |
32 (1) and (2) |
| Scholarship Act R.S.B.C. 1996, c. 411 |
1 (1), (3), (4), and (5) 2 (1) and (2) |
| Securities Act R.S.B.C. 1996, c. 418 |
14 15 (4) 17 18 (1) and (2) 19 20 (1), (2) in both places and (3) 22 (3) (b) |
| Society Act R.S.B.C. 1996, c. 433 |
73 (1) and (2) Form 6 |
| South Moresby Implementation Account Act R.S.B.C. 1996, c. 435 |
4 |
| Sustainable Environment Fund Act R.S.B.C. 1996, c. 445 |
4 (d) and (e) 6 (2) |
| Taxation (Rural Area) Act R.S.B.C. 1996, c. 448 |
10 (1) (a) 14 (2) in both places |
| Tourism British Columbia Act S.B.C. 1997, c. 13 |
9 (1), (4) and (6) 12 (b) 13 (1) and (3) 14 (1) and (2) |
| Trade Development Corporation Act R.S.B.C. 1996, c. 456 |
3 (4) 7 (b) 8 9 (3) |
| Travel Agents Act R.S.B.C. 1996, c. 459 |
16 (5), (6) and (7) |
| University Act R.S.B.C. 1996, c. 468 |
29 (1) 58 (1) |
| University Foundations Act R.S.B.C. 1996, c. 471 |
4 (2) |
| Vancouver Charter S.B.C. 1953, c. 55 |
421B (2.1) |
| Vancouver Island Natural Gas Pipeline Act R.S.B.C. 1996, c. 474 |
5 (1) |
| Wildlife Act R.S.B.C. 1996, c. 488 |
69 73 (1) |
| Workers Compensation Act R.S.B.C. 1996, c. 492 |
67 (1) and (2) 94 (1.3) |
SCHEDULE B,
(a) by deleting the following:
|
Ferry Corporation Act |
18 (2) (b) |
|
Income Tax Act |
64 (5) (c) (iv) |
|
Insurance Premium Tax Act |
12 (3) |
|
Taxation (Rural Area) Act |
51 |
and
(b) by deleting "Local Government Act R.S.B.C. 1996, c. 232" and substituting "Local Government Act R.S.B.C. 1996, c. 323".
72 The Hon. G. Collins to move, in Committee of the Whole on Bill (No. 72) intituled Manufactured Home Act, to amend as follows:
SECTION 7,
(a) by deleting the proposed subsection (2) and substituting the following:
(2) The regulations may require that notices respecting particular classes of transfers be submitted for filing only through persons specified by regulation or designated as qualified suppliers by the registrar. , and
(b) in the proposed subsection (5) by adding "or designated" after "specified".
SECTION 21,
(a) by deleting the proposed subsection (3) and substituting the following:
(3) The regulations may require that applications respecting particular classes of exemptions be submitted for filing only through persons specified by regulation or designated as qualified suppliers by the registrar. , and
(b) in the proposed subsection (4) by adding "or designated" after "specified".
SECTION 32, by deleting the proposed subsection (1) and substituting the following:
(1) Unless the manufactured home complies in all respects with the standards prescribed by regulation at the time it was manufactured or is exempted from this section by the regulations or by the registrar, a person must not move, sell, offer for sale or advertise for sale a previously unoccupied manufactured home or a manufactured home that was manufactured after May 15, 1992.
SECTION 33, by deleting the proposed section and substituting the following:
Disclosure statement to be provided to prospective purchaser
33 (1) A person must not sell or offer for sale a used or previously occupied manufactured home unless
(a) the person discloses in writing to any prospective purchaser whether or not the manufactured home complies with the standards prescribed by regulation, or
(b) the manufactured home is exempted from this section by the regulations or by the registrar.
(2) Subsection (1) does not apply if the person discloses in writing to any prospective purchaser that the manufactured home was manufactured on or before May 15, 1992.
SECTION 38, in the proposed subsection (5) by striking out "or 33" and substituting "or 33 (1)".
SECTION 47.1, by adding the following section:
Registry Statutes Amendment Act, 2002
47.1 Section 3 of the Registry Statutes Amendment Act, 2002, S.B.C. 2002, c. 17, is repealed.
ORDERS OF THE DAY
COMMITTEE OF SUPPLY
PRIVATE MEMBERS' TIME
(Monday morning only)
(See Schedule D)
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
COMMITTEE
ADJOURNED DEBATE ON SECOND READING
SECOND READING
PRIVATE BILLS
REFERRED TO SELECT STANDING COMMITTEE ON PARLIAMENTARY REFORM, ETHICAL CONDUCT, STANDING ORDERS AND PRIVATE BILLS
PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS
(See Schedule D)
ADJOURNED DEBATE ON OTHER MOTIONS
E. GEORGE MacMINN, Q.C.
Clerk of the Legislative Assembly
[ Schedule A . . . ]
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