Nos. 98 and 99 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Tuesday, October 30, 2007

Ten o’clock a.m.

Prayers by Mr. Mayencourt.

The House proceeded to “Orders of the Day.”

Bill (No. 40) intituled Tsawwassen First Nation Final Agreement Act was again 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 11.58 a.m.

Tuesday, October 30, 2007

One-thirty o’clock p.m.

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

Mr. Farnworth asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely, for the Auditor General to conduct an audit into all private land releases on Vancouver Island.

The Hon. M. de Jong made representations.

Mr. Farnworth made further representations.

The Speaker stated that he would take the matter under advisement.

Ms. McIntyre presented a petition regarding smoking areas in Royal Canadian Legions.

By leave, the Hon. M. de Jong moved—

That this House recommend to the Lieutenant Governor in Council, pursuant to section 14 of the Members’ Conflict of Interest Act, R.S.B.C. 1996, c. 287, the appointment of the Hon. H. A. D. Oliver as Commissioner to December 31, 2007.

Motion agreed to.

The House proceeded to “Orders of the Day.”

Bill (No. 40) intituled Tsawwassen First Nation Final Agreement Act was again committed.

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

Bill to be considered at the next sitting.

The Speaker delivered his reserved decision as follows:

Honourable Members:

Earlier today the Official Opposition House Leader rose under Standing Order 35 to adjourn the House for the purpose of discussing a definite matter of urgent public importance, namely, for the Auditor General to conduct an audit into all private land releases on Vancouver Island.

The Government House Leader stated that in his opinion the submission by the Official Opposition House Leader did not meet the well defined tests governing an application under Standing Order 35.

The Speaker’s role in considering such an application is to determine whether the test of urgency of debate has been met so as to set aside the normal business of the House. The Speaker must also consider whether or not there is an opportunity to raise the matter at another time under Routine Proceedings or Orders of the Day. The House has a daily Question Period and Motions on Notice are debated on Mondays during Private Members’ Time.

There have been occasions on which a debate has proceeded under Standing Order 35 with the unanimous consent of the House, but in the absence of unanimity, the Chair must decide whether the matter raised overcomes the somewhat stringent restrictions applicable to motions under Standing Order 35.

What the framers of Standing Order 35 had in mind was the sudden emergence of a matter, which clearly falls within the jurisdiction of the province, which required, as a matter of urgency, debate in this House where no other opportunity was available to touch on the matter.

For the reasons stated, it is the opinion of the Chair that the matter raised by the Official Opposition House Leader fails to meet the stringent requirements of Standing Order 35, and I so rule.

HON. BILL BARISOFF, Speaker

And then the House adjourned at 6.28 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF MOTIONS

Thursday, November 1

76  Mr. B. Simpson to move—

Be it resolved that the Legislative Assembly direct the Auditor General to conduct a comprehensive review of the Ministry of Forests and Range decisions to allow the deletions of Schedule A Lands from Tree Farm Licenses on Vancouver Island.