Nos. 91 and 92 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Tuesday, October 23, 2007

Ten o’clock a.m.

Prayers by Mr. Routley.

The House proceeded to “Orders of the Day.”

Bill (No. 27) intituled Business Practices and Consumer Protection (Payday Loans) Amendment Act, 2007 was committed.

Mr. Fleming moved a proposed amendment to section 112.05 (1) contained within section 4 of Bill (No. 27), which was defeated, on division.

Bill (No. 27) reported complete with amendment, and by leave, read a third time and passed.

Bill (No. 28) intituled Securities Amendment Act, 2007 was committed.

The Committee rose, reported progress and asked leave to sit again.

Bill to be considered at the next sitting.

And then the House adjourned at 11.57 a.m.

Tuesday, October 23, 2007

One-thirty o’clock p.m.

The Hon. K. Falcon (Minister of Transportation) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

Steven L. Point
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 43) intituled Greater Vancouver Transportation Authority Amendment Act, 2007 and recommends the same to the Legislative Assembly.

Government House,

October 17, 2007.


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.

By notice from the Hon. K. Falcon (Minister of Transportation) to the Table, Bill (No. 36) intituled Greater Vancouver Transportation Authority Amendment Act, 2007 was withdrawn from the Order Paper.

Order called for “Members’ Statements.”

The Speaker made the following statement:

Honourable Members:

There appears to be some uncertainty in relation to the longstanding practice of debates on Public Bills in the Hands of Private Members. Such bills have strict limitations procedurally and, in this regard, I refer Members to Standing Order 67 and the considerable body of jurisprudence emanating from this Standing Order.

Public Bills in the Hands of Private Members have on innumerable occasions been introduced and permitted to proceed to second reading, notwithstanding such bills may have a flaw preventing the adoption of the measure. As purely a matter of courtesy, the proponents of such bills have been permitted to speak briefly to second reading outlining the thrust of such a bill, but on a point of order being raised, or in the absence of such a point of order being raised, it is the Speaker’s duty to advise the Members that the Bill in the Hands of a Private Member, cannot proceed further and the bill is accordingly ruled out of order. Members will understand that it would be totally inappropriate for the Chair to allow a bill to proceed to a vote on second reading, when the bill itself contained a fatal flaw as prescribed in our Standing Orders and innumerable Speakers’ rulings in this House.

Many jurisdictions in the Commonwealth do not even permit such a bill to proceed beyond first reading and such bills are removed from the Order Paper after introduction. No opportunity to speak to second reading is provided. The practice of this House has been somewhat more benign and as I stated earlier, the proponents of such flawed bills, as a matter of pure courtesy, have been permitted a limited time to speak on second reading before the bill is ruled out of order.

The Chair is prepared to continue this practice, as long as the Members clearly understand that a Bill in the Hands of a Private Member which does not conform to the well established rules of this House cannot proceed to a vote. As there are several grounds on which a Public Bill in the Hands of a Private Member may be out of order, sponsors of such bills may wish to check with the Clerks before second reading to see if their bill contains one of the flaws which would prevent the bill from moving forward.

Let it be clear, however, that it is the Speaker and the Speaker alone who has been given the authority and responsibility to rule a bill out of order on procedural grounds.

HON. BILL BARISOFF, Speaker

The Hon. M. de Jong rose on a point of order pursuant to Standing Order 9 regarding remarks made by the Leader of the Official Opposition subsequent to a ruling by the Speaker relating to a Public Bill in the Hands of Private Members.

Mr. Farnworth made a statement.

Order called for “Oral Questions by Members.”

Mr. Robertson presented a petition regarding the impact of the Canada Line on small businesses.

The House proceeded to “Orders of the Day.”

Bill (No. 28) intituled Securities Amendment Act, 2007 was again committed, reported complete without amendment, read a third time and passed.

The House resumed the adjourned debate on the motion for second reading of Bill (No. 40) intituled Tsawwassen First Nation Final Agreement Act.

The debate continued.

On the motion of Mr. Dix, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 6.21 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF BILLS

Wednesday, October 24

Ms. Karagianis to introduce a Bill intituled First Nations Heritage Protection and Conservation Act, 2007.

NOTICE OF MOTIONS

Thursday, October 25

71 Mr. Puchmayr to move—

Be it resolved that this House urges the government to initiate legislation to increase the minimum wage from eight dollars an hour to ten dollars an hour and to eliminate the six dollar an hour training wage.