Orders -- No. 8 -- Wednesday, February 16, 2005 -- 2 p.m.

2005 Legislative Session: 6th Session, 37th Parliament

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ORDERS OF THE DAY -- Continued
No. 8 -- Wednesday, February 16, 2005 -- 2 p.m.

Schedule A

MOTIONS ON NOTICE


74 The Hon. G. Plant to move--: That the Legislative Assembly reject five recommendations of the Report to the Attorney General of British Columbia and the Chief Judge of the Provincial Court of British Columbia, pursuant to section 5 (3) of the Judicial Compensation Act, Final Report of the 2004 British Columbia Judges Compensation Commission, as laid before this Assembly on October 7, 2004 and again, pursuant to section 6 (1) (c) of the Judicial Compensation Act, on February 9, 2005, for reasons outlined in Response to the 2004 Report of the Judges Compensation Commission filed in this House February 9, 2005, pursuant to section 6 (2) of the Judicial Compensation Act.; 1. The recommended salary increase for January 1, 2004 until March 31, 2005 of an amount based on the change in the British Columbia CPI (the "BC-CPI") over the period of January 1, 2003 - December 31, 2003, is rejected as unreasonable and unfair. The substitute provision is zero increase for January 1, 2004 - March 31, 2005.; 2. The recommended salary increase for fiscal year 2005/06 in the amount of the change in the BC-CPI from January 1, 2004 - March 31, 2005 is rejected as unreasonable and unfair. The substitute provision is zero increase for fiscal year 2005/06.; 3. The recommendation that salary differentials for the Chief Judge and Associate Chief Judges be retained when they leave office and resume duties as regular Provincial Court Judges is rejected as unreasonable and unfair. The substitute provision is that salary differentials will not be retained when an incumbent leaves office as Chief Judge or as an Associate Chief Judge.; 4. The recommendation that, effective January 1, 2004, the judges' allowance for professional development be raised from $2000 to $3000 per judge per annum, and a one-year carry over of any used portion of the allowance be permitted is rejected as unreasonable and unfair. The substitute provision is that, effective April 1, 2005, the judges' allowance for professional development be raised from $2000 to $3000 per judge per annum and a one-year carry over of any unused portion of the allowance be permitted.; 5. The recommendation that the professional development allowances continue to be administered through the Chief Judge's Office, subject to his or her sole discretion to approve incidental expenses incurred by a judge for the fit and proper execution of his or her office is rejected as unreasonable and unfair. The substitute provision is that effective April 1, 2005, subject to the discretion of the Chief Judge and administered through the Office of the Chief Judge, the professional development allowance may be used to reimburse the following expenses incurred by a judge for professional development related to the duties of a Provincial Court Judge:; a. Books, periodicals and subscriptions;; b. Computer software;; c. Internet access fees;; d. Professional association membership dues;; e. Courses, seminars and conferences including travel and expenses incidental to attendance.

75 The Hon. G. Plant to move--: That the Legislative Assembly reject four recommendations of the Report of the Judicial Justices Compensation Committee, September 1, 2004 as laid before this Assembly on October 7, 2004 and again, pursuant to section 6 (1) (c) of the Judicial Compensation Act, on February 9, 2005, for reasons outlined in Response to the 2004 Report of the Judicial Justices Compensation Commission filed in this House February 9, 2005, pursuant to section 6 (2) of the Judicial Compensation Act.; 1. The recommended salary increase for January 1, 2005 until March 31, 2005 from $73,872 to $75,600 is rejected as unreasonable and unfair. The substitute provision is zero increase for January 1, 2005 - March 31, 2005.; 2. The recommended salary for fiscal year 2005/06 of $75,600 is rejected as unreasonable and unfair. The substitute provision is zero increase for fiscal year 2005/06.; 3. The recommendation that a senior Judicial Justice program salary be developed, modelled on the senior judge program for Provincial Court Judges, is rejected as unreasonable and unfair.; 4. The recommendation that the Chief Judge have the discretion to approve or disapprove all expenditures of the allowance and guidelines be put in place with respect to the appropriate use of the funds is rejected as unreasonable and unfair. The substitute provision is that effective April 1, 2005, subject to the discretion of the Chief Judge and administered through the office of the Chief Judge, the professional development allowance may be used to reimburse the following expenses incurred by a Judicial Justice for professional development related to the duties of a Judicial Justice:; a. Books, periodicals and subscriptions;; b. Computer software;; c. Internet access fees;; d. Professional association membership dues;; e. Courses, seminars and conferences including travel and expenses incidental to attendance.

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