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 . . . ]

No. 9

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia


Wednesday, February 16, 2005


Two o'clock p.m.

Prayers by Ms. Trumper.

The Hon. I. Chong (Minister of Advanced Education) 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. 2) intituled Thompson Rivers University Act and recommends the same to the Legislative Assembly.

Government House,
February 4, 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.

Order called for "Members' Statements."

Order called for "Oral Questions by Members."

The House proceeded to "Orders of the Day."

74  The Hon. G. Plant (Attorney General and Minister Responsible for Treaty Negotiations) moved --
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.
The Hon. G. Plant (Attorney General and Minister Responsible for Treaty Negotiations) moved the following amendment to the motion --
1. By substituting the date "February 14, 2005" for the date "February 9, 2005" wherever it appears in the first paragraph of the said motion.
2. By substituting the word "unused" for the word "used" in the first sentence of paragraph no. 4 of the said motion.

The amendment was agreed to.

Motion, as amended, agreed to and reads as follows:

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 14, 2005, for reasons outlined in Response to the 2004 Report of the Judges Compensation Commission filed in this House February 14, 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 unused 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 (Attorney General and Minister Responsible for Treaty Negotiations) moved--
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.

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

The Hon. G. Plant (Attorney General and Minister Responsible for Treaty Negotiations) moved the following amendment to the motion --
By substituting the date "February 14, 2005" for the date "February 9, 2005" wherever it appears in the first paragraph of the said motion.

The amendment was agreed to.

Motion, as amended, agreed to and reads as follows:

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 14, 2005, for reasons outlined in Response to the 2004 Report of the Judicial Justices Compensation Commission filed in this House February 14, 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.
That the Legislative Assembly accept the remaining recommendations contained in the Report of the Judicial Justices Compensation Committee, September 1, 2004.

On the motion for second reading of Bill (No. 4) intituled Attorney General Statutes Amendment Act, 2005, a debate arose.

Bill (No. 4) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

The Hon. C. Hansen (Minister of Finance) tabled the Government Strategic Plan 2005/06 - 2007/08.

On the motion for second reading of Bill (No. 3) intituled Miscellaneous Statues Amendment Act, 2005, a debate arose.

Bill (No. 3) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

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 the Hon. P. Wong, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 5.51 p.m.

CLAUDE RICHMOND, Speaker


PUBLIC WRITTEN QUESTIONS

 
Date answered: February 16, 2005
 
1 Barry O'Neill, President, Canadian Union of Public Employees -- BC Division, asked the Minister of Education, regarding the Minister's responsibility for the public school system, the following question:--

Is the Government exploring or considering the regionalization of support services in the public school system?

The Hon. T. Christensen replied as follows:

Our number one priority is to focus dollars on students in the classroom. The goal of the education system as a whole is to ensure that the resources that are available are focused on meeting the needs of students. School districts asked for and received greater flexibility and autonomy to make decisions based on local priorities. If school districts can find efficiencies that direct more resources to help students, then I support their efforts.

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