No. 89 ORDERS OF THE DAY OF THE Legislative Assembly of British Columbia

Monday, October 22, 2007

1.30 p.m.

ROUTINE BUSINESS

INTRODUCTION OF BILLS

1 Ms. Kwan to introduce a Bill intituled Residential Tenancy Act Amendment Act, 2007.

2 Mr. Robertson to introduce a Bill intituled Right to Know Act.

3 Mr. Gentner to introduce a Bill intituled Agricultural Land Security Act, 2007.

4 Mr. Dix to introduce a Bill intituled The Colorectal Cancer Prevention Act, 2007.


STATEMENTS (STANDING ORDER 25b)

(Afternoon sittings: Monday, Tuesday, Wednesday, and Thursday)


ORAL QUESTION PERIOD

(30 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

27  The Hon. J. Les to move, in Committee of the Whole on Bill (No. 27) intituled Business Practices and Consumer Protection (Payday Loans) Amendment Act, 2007, to amend as follows:

SECTION 4, by deleting the text shown as struck out and adding the text shown as underlined:

Payout of balances on cash cards

112.09 (1) If in respect of a payday loan the payday lender issues a cash card to the borrower, the borrower is entitled to be paid in cash the amount of the balance of credit remaining on the card in either of the following circumstances:

(a) the balance of credit remaining on the cash card is less than the prescribed amount;

(b) the payday loan has been repaid by the borrower and the cash card has expired.

(2) If the borrower is entitled to be paid a balance under subsection (1) and returns the cash card to the payday lender, the payday lender must pay the balance immediately on demand by the borrower or by the director.

(3) On return of a cash card under this section, the payday lender must immediately give the borrower a receipt for the cash card and the receipt must specify the amount paid to the borrower.

(4) Subject to and in accordance with the regulations, the balance of credit remaining on an expired cash card issued to a delinquent borrower may be applied by the payday lender as payment towards the payday loan.

(5) In subsection (5) subsection (4), “delinquent borrower” means a borrower who fails to repay a payday loan by the end of the payday loan term under the loan agreement.

29  The Hon. W. Oppal to move, in Committe of the Whole on Bill (No. 29) intituled Adult Guardianship and Planning Statutes Amendment Act, 2007, to amend as follows:

SECTION 45, by deleting the text shown as struck out and adding the text shown as underlined:

45 Section 7 is amended

(a) in subsection (1) by adding “made under this section,” after “In a representation agreement” ,

(b) by repealing subsection (1) (a) and substituting the following:

(a) the adult’s personal care; , and

(c) by repealing subsection (2.1) and substituting the following:

(2.1) A representative may not be authorized under this section

(a) to help make, or to make on the adult’s behalf, a decision to refuse life-supporting care or treatment health care necessary to preserve life, or

(b) despite the objection of the adult, to physically restrain, move or manage the adult, or authorize another person to do these things.

SECTION 52, by deleting the text shown as struck out and adding the text shown as underlined:

52 Section 13 is amended

(a) by repealing subsection (1.1) (b) and substituting the following:

(b) all certificates required under this section and sections 5, 6 and 12 are completed.  , and

(b) by repealing subsections (2), (3.02), (3.1) and (5) to (6) and substituting the following:

(2) A representation agreement must be signed by the adult and

(a) if the representation agreement appoints more than one representative and the representatives must act jointly, each representative,

(b) if the representation agreement appoints only one representative, that representative, or

(c) if the representation agreement appoints more than one representative but each may act independently, at least one representative.

(2.1) Before a person may exercise the authority of a representative granted in a representation agreement, the person must sign the representation agreement.

(3.02) Only one witness is required if that witness is a practising member of the Law Society of British Columbia or a member of the Society of Notaries Public of British Columbia.

(5) The following persons must not act as a witness to the signing of a representation agreement:

(a) a person named in the representation agreement as a representative or alternate representative;

(b) a spouse, child, parent, employee or agent of a person named in the representation agreement as a representative or alternate representative;

(c) a person who is not an adult;

(d) a person who does not understand the type of communication used by the adult, unless the person receives interpretive assistance to understand that type of communication.

(6) A witness to a representation agreement made under section 7, or signed under subsection (4) of this section, must complete a certificate in the prescribed form.  , and

(c) by repealing subsection (4) (d) and substituting the following:

(d) in the case of a representation agreement made under section 7, the person signing the agreement and each witness complete a certificate in the prescribed form.

SECTION 87, by deleting the text shown as struck out and adding the text shown as underlined:

87 Section 46 (1) (a) is amended

(a) in subparagraph (iv) by repealing clauses (A) and (B) and substituting the following:

(A) if the power of attorney is not an enduring power of attorney, the individual had, at that time, no knowledge of the mental infirmity of the transferor, or

(B) in the case of an enduring power of attorney, the individual had, at that time, no knowledge of the suspension or termination of his or her the authority of the corporate attorney under any enactment, , and

(b) by adding the following subparagraph:

(iv.1) each change to the authority of an attorney under an enduring power of attorney has been filed with the registrar under this Act or a copy, certified under section 51 (4) as a true copy of those changes, has been filed, and .


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

Committee—

Bill (No. 27) intituled Business Practices and Consumer Protection (Payday Loans) Amendment Act, 2007, PRINTED. Hon. Minister of Public Safety and Solicitor General.

Committee—

Bill (No. 28) intituled Securities Amendment Act, 2007, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism.

Committee—

Bill (No. 29) intituled Adult Guardianship and Planning Statutes Amendment Act, 2007, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism. (Section 4.)

ADJOURNED DEBATE ON SECOND READING

Adjourned Debate on Second Reading—

Bill (No. 40) intituled Tsawwassen First Nation Final Agreement Act, PRINTED. Hon. Minister of Aboriginal Relations and Reconciliation. (Mr. Routley adjourned the debate.)

SECOND READING

Second Reading—

Bill (No. 1) intituled An Act to Ensure the Supremacy of Parliament, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism.

Second Reading—

Bill (No. 17) intituled Enforcement of Canadian Judgments and Decrees (Trade, Investment and Labour Mobility Agreement) Amendment Act, 2007, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism.

Second Reading—

Bill (No. 25) intituled Labour and Citizens’ Services Statutes Amendment Act, 2007, PRINTED. Hon. Minister of Labour and Citizens’ Services.

Second Reading—

Bill (No. 36) intituled Greater Vancouver Transportation Authority Amendment Act, 2007, PRINTED. Hon. Minister of Transportation.

Second Reading—

Bill (No. 41) intituled Final Agreement Consequential Amendments Act, 2007, PRINTED. Hon. Minister of Aboriginal Relations and Reconciliation.

Second Reading—

Bill (No. 42) intituled Treaty First Nation Taxation Act, PRINTED. Hon. Minister of Aboriginal Relations and Reconciliation.


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