2005 Legislative Session: 6th Session, 37th Parliament


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


[ Progress of Bills . . . ]

Nos. 5 and 6

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia


Monday, February 14, 2005


Ten o'clock a.m.

Prayers by Mr. Cobb.

The House proceeded to "Orders of the Day."

Order for "Private Members' Statements" called.

 1  Ms. Orr moved--
Be it resolved that this House recognize that the arts are the heart and soul of our Province.

A debate arose.

Motion agreed to.

And then the House adjourned at 11.54 a.m.


Monday, February 14, 2005

Two o'clock p.m.

Order called for "Members' Statements."

The Speaker made a statement as follows:

Honourable Members:

I would like to apologize to the House for having to repeat my statement of last week. However, judging by the media coverage stating that I was shortening question period, it is apparent that my message of last Thursday was either misunderstood or misinterpreted or both. But, it certainly was misrepresented. Perhaps I didn't do a good job of explaining what my intent was. Therefore I am compelled to go over it once more. Please bear with me as I give it another try.

First of all, the one minute time limit on questions and answers is not new. We have been doing this for over three years. Let me repeat, there is no change in this time limit for either side of the House. I fail to see how this could be construed as shortening question period, as was reported, or stifling the Opposition.

Incidentally, I did a little research this morning and have discovered the following: London has a one minute time limit on questions and answers; Ontario has a one minute limit; Manitoba has a 50 second time limit and in Ottawa, which has a much longer question period than we do, the time limit for questions and answers is 35 seconds and is strictly enforced.

The only change was an attempt to shorten the length of supplementary questions and answers. A supplementary question is not a new question; it is a follow-up to the main question and therefore should be shorter. Also, supplementary questions are at the discretion of the Speaker and Opposition members are the only members in this House to be afforded the privilege of supplementary questions.

The object of the exercise is to try to get more people involved in what is already a very short question period. I would at least like to accommodate the Independent members who are understandably concerned about their participation. On Wednesday last only 3 people managed to get a question in and that is not acceptable.

Question period is primarily for the Opposition and non-government members and I must ensure that they are fairly treated. I should also mention that there is no rule excluding government private members from participation in question period when time permits.

CLAUDE RICHMOND, Speaker

Order called for "Oral Questions by Members."

Ms. Roddick presented the Report of the Select Standing Committee on Health for the Fifth Session of the Thirty-seventh Parliament.

The Report was taken as read and received.

By leave of the House, Ms. Roddick moved that the Report be adopted.

Motion agreed to.

Mr. K. Stewart presented the First Report of the Select Standing Committee on Crown Corporations for the Fifth Session of the Thirty-seventh Parliament.

The Report was taken as read and received.

By leave of the House, Mr. K. Stewart moved that the Report be adopted.

Motion agreed to.

Mr. K. Stewart presented the Second Report of the Select Standing Committee on Crown Corporations for the Fifth Session of the Thirty-seventh Parliament.

The Report was taken as read and received.

By leave of the House, Mr. K. Stewart moved that the Report be adopted.

A debate arose.

The House divided.

Motion agreed to on the following division:

YEAS -- 55

Falcon
Coell
Les
Chong
Locke
McMahon
Sahota
Christensen
Bell
van Dongen
Barisoff
Roddick
Wilson
Bray

Cobb
Lee
Thorpe
Murray
Plant
Hansen
Bond
Bruce
Brice
Abbott
Neufeld
Coleman
Penner
Anderson

Jarvis
Hogg
Nebbeling
R. Stewart
Hunter
Long
Mayencourt
Trumper
Johnston
Bennett
Belsey
Krueger
J. Reid
Stephens

Masi
Nijjar
Bhullar
Hayer
Lekstrom
MacKay
Halsey-Brandt
K. Stewart
Suffredine
Whittred
Sultan
Hawes
Kerr

 
NAYS -- 2

Brenzinger Nettleton  

The Hon. G. Plant (Attorney General and Minister Responsible for Treaty Negotiations) tabled the following documents:

Final Report of the 2004 British Columbia Judges Compensation Commission;
Response to the 2004 Report of the Judges Compensation Commission;
Report of the Judicial Justices Compensation Commission, September 1, 2004; and
Response to the 2004 Report of the Judicial Justices Compensation Commission.

The Hon. G. Plant (Attorney General and Minister Responsible for Treaty Negotiations) presented to the Speaker a Message from Her Honour the Lieutenant Governor, which read as follows:

Iona Campagnolo
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 3) intituled Miscellaneous Statutes Amendment Act, 2005 and recommends the same to the Legislative Assembly.

Government House,
February 8, 2005.


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. G. Plant (Attorney General and Minister Responsible for Treaty Negotiations) presented to the Speaker a Message from Her Honour the Lieutenant Governor, which read as follows:

Iona Campagnolo
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 4) intituled Attorney General Statutes Amendment Act, 2005 and recommends the same to the Legislative Assembly.

Government House,
February 8, 2005.


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 House proceeded to "Orders of the Day."

Pursuant to Order, the House resumed the adjourned debate on the Address in Reply to the Speech of Her Honour the Lieutenant Governor at the opening of the Session.

The debate continued.

On the motion of the Hon. M. Coell, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 6 p.m.

CLAUDE RICHMOND, Speaker


NOTICE OF MOTIONS

Tuesday, February 15

 
71 Mr. Hawes to move--
Be it resolved that this House recognize the imminent danger that the crystal methamphetamine epidemic poses to our children and our communities; and that this House support efforts to restrict manufacturing precursors, advocate for more appropriate sentencing of convicted manufacturers and distributors, increase addiction treatment options, and assist communities in designing local solutions.
 
72 Mr. Brar to move--
That Standing Order 47A be amended by striking "15 minute" and substituting "30 minute".
 
73 Ms. MacPhail to move--
That this House recommend to the Government that it introduce an amendment to the Workers' Compensation Act to ensure that the following injuries be deemed to have been due to the nature of the work of firefighters unless proven otherwise on a case by case basis:
1. primary site bladder cancer,
2. primary site kidney cancer,
3. primary site colon cancer,
4. multiple mycloma,
5. primary site brain cancer,
6. primary site lung cancer in a non-smoker,
7. primary site testicular cancer,
8. leukemia, or
9. non-Hodgkin's lymphoma.

Wednesday, February 16

 
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.
That the Legislative Assembly accept the remaining recommendations contained in 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.
 
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 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.
That the Legislative Assembly accept the remaining recommendations contained in the Report of the Judicial Justices Compensation Committee, September 1, 2004.

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