No. 52 ORDERS OF THE DAY OF THE Legislative Assembly of British Columbia

Thursday, April 17, 2008

1.30 p.m.

ROUTINE BUSINESS

INTRODUCTION OF BILLS

1   Mr. Brar to introduce a Bill intituled Ensuring Fairness for Income Assistance Recipients and Low Wage Earners Act, 2008.

2   Ms. James to introduce a Bill intituled Community Care and Assisted Living Act Amendment Act, 2008.

3   Mr. Puchmayr to introduce a Bill intituled Mineworkers Safety Act, 2008.

4   Mr. Puchmayr to introduce a Bill intituled Farm Workers Fairness Act, 2008.

5   Ms. Karagianis to introduce a Bill intituled First Nations Heritage Protection and Conservation Act, 2008.

6   Mr. Fleming to introduce a Bill intituled Private Post-Secondary Accountability and Student Protection Act, 2008.

7   Mr. Krog to introduce a Bill intituled Accountability Act, 2008.

8   Ms. Thorne to introduce a Bill intituled Home Inspectors Act, 2008.

9   Mr. Robertson to introduce a Bill intituled Right to Know Act, 2008.

10   Mr. Robertson to introduce a Bill intituled Toxic Reduction Act, 2008.

11   Ms. Karagianis to introduce a Bill intituled Translink Openness Act.

12   Ms. Thorne to introduce a Bill intituled Residential Tenancy Act Amendment Act, 2008.


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

16  The Hon. R. Neufeld to move, in Committee of the Whole on Bill (No. 16) intituled Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act to amend as follows:

SECTION 13 (3), by deleting the text shown as struck out:

(3) A certificate under subsection (2) may be in the prescribed form, must be signed by the director and must contain

(a) the name of the person who is liable for the penalty,

(b) particulars of the administrative penalty notice in relation to which the penalty is imposed, and

(c) the amount of the penalty under subsection (1).

SECTION 15, by deleting the text shown as struck out and adding the text shown as underlined:

(4) A person convicted of an offence under this section subsection (l), (2) or (3) is liable to a fine of not more than $1 000 000 or imprisonment for a term of not more than 6 months, or both.

(5) A person who contravenes section 22 (2) commits an offence.

(6) A person convicted of an offence under subsection (5) is liable to a fine of not more than $200 000 or imprisonment for a term of not more than 6 months, or both.

SECTION 22, by deleting the section and substituting the following:

Confidentiality

22 (1) In this section:

“protected information” means information that would reveal

(a) trade secrets of a third party, or

(b) commercial, financial, labour relations, scientific or technical information of or about a third party;

“third party” has the same meaning as in the Freedom of Information and Protection of Privacy Act;

“trade secret” has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) Subject to this section, a person who has access to protected information that is in the custody or under the control of the government through

(a) reports required to be provided by a fuel supplier under this Act,

(b) the exercise of powers under section 28 [regulations in relation to inspections] in relation to a fuel supplier, or

(c) an information-sharing agreement under section 22.1 that provides that the information is to be kept confidential

must not disclose the protected information to any other person.

(3) The prohibition in subsection (2) does not apply to disclosure of the following information:

(a) information that is publicly available;

(b) in relation to Part 2,

(i) percentages of gasoline class fuel or diesel class fuel supplied by a Part 2 fuel supplier in a compliance period that are renewable fuel, and

(ii) any notional transfers under section 5 [transfers between Part 2 fuel suppliers];

(c) in relation to Part 3,

(i) the determination of the weighted average carbon intensity of all Part 3 fuels supplied by a Part 3 fuel supplier in a compliance period, and

(ii) any notional transfers and applications under section 8 [transfers between Part 3 fuel suppliers] or notional retentions and applications under section 25 (p) [Part 3 compliance banking in early years];

(d) information that is required or authorized to be made public under this Act.

(4) The prohibition in subsection (2) does not apply to disclosure in the following circumstances:

(a) if required under Part 2 [Freedom of Information] of the Freedom of Information and Protection of Privacy Act;

(b) in the course of administering or enforcing this Act or a prescribed enactment;

(c) for the purpose of court proceedings;

(d) in accordance with an information-sharing agreement under section 22.1;

(e) with the consent of the person, group of persons or organization that is the third party in relation to the protected information.

Information-sharing agreements

22.1 (1) For the purposes of this section, “information-sharing agreement” means a data-matching or other agreement to provide or exchange information related to Part 2 fuels or Part 3 fuels, or to reducing concentrations of greenhouse gas in the atmosphere or reducing greenhouse gas emissions into the atmosphere.

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an information-sharing agreement with Canada, another province or another jurisdiction in or outside Canada, or with an agent of any of them.

SECTION 23, by deleting subsection (2) (a) and substituting the following:

(a) prescribing information that must or may be made public under this Act, other than information referred to in paragraph (a) of the definition of “protected information” in section 22 [confidentiality]; .

18  The Hon. B. Penner to move, in Committee of the Whole on Bill (No. 18) intituled Greenhouse Gas Reduction (Cap and Trade) Act to amend as follows:

SECTION 23, by deleting the text shown as struck out and adding the text shown as underlined:

(4) A person convicted of an offence under this section subsection (1), (2) or (3) is liable to a fine of not more than $1 000 000 or imprisonment for a term of not more than 6 months, or both.

(5) A person who contravenes section 36 (2) commits an offence.

(6) A person convicted of an offence under subsection (5) is liable to a fine of not more than $200 000 or imprisonment for a term of not more than 6 months, or both.

SECTION 36, by deleting the section and substituting the following:

Confidentiality

36 (1) In this section:

“protected information” means information that would reveal

(a) trade secrets of a third party, or

(b) commercial, financial, labour relations, scientific or technical information of or about a third party;

“third party” has the same meaning as in the Freedom of Information and Protection of Privacy Act;

“trade secret” has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) Subject to this section, a person who has access to protected information that is in the custody or under the control of the government through

(a) reports required to be provided by an operator under this Act,

(b) the exercise of powers under section 43 [regulations in relation to inspections] in relation to a regulated operation or reporting operation, or

(c) an information-sharing agreement under section 36.1 that provides that the information is to be kept confidential

must not disclose the protected information to any other person.

(3) The prohibition in subsection (2) does not apply to disclosure of the following information:

(a) information that is publicly available;

(b) determinations of greenhouse gas emissions attributable to a regulated operation or reporting operation, including determinations of emissions by major source category;

(c) the application of compliance units for the purpose of section 2 (1) (b) [retirement of compliance units to match emissions];

(d) information in the compliance unit tracking system;

(e) information that is required or authorized to be made public under this Act.

(4) The prohibition in subsection (2) does not apply to disclosure in the following circumstances:

(a) if required under Part 2 [Freedom of Information] of the Freedom of Information and Protection of Privacy Act;

(b) in the course of administering or enforcing this Act or a prescribed enactment;

(c) for the purpose of court proceedings;

(d) in accordance with an information-sharing agreement under section 36.1;

(e) with the consent of the person, group of persons or organization that is the third party in relation to the protected information.

Information-sharing agreements

36.1 (1) For the purposes of this section, “information-sharing agreement” means a data-matching or other agreement to provide or exchange information related to reducing concentrations of greenhouse gas in the atmosphere or reducing greenhouse gas emissions into the atmosphere.

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an information-sharing agreement with

(a) the administrative authority,

(b) an authority referred to in section 39 (c) [units from other authorities], or

(c) Canada, another province or another jurisdiction in or outside Canada, or with an agent of any of them.

SECTION 37, by deleting subsection (2) (a) and substituting the following:

(a) prescribing information that must or may be made public under this Act, other than information referred to in paragraph (a) of the definition of “protected information” in section 36 [confidentiality]; .


ORDERS OF THE DAY

committee of supply

Report of Resolutions passed in Committee of Supply

SECTION A: March 11th, 13th; April 8th, 10th, 14th.

Outstanding Summaries of Estimates — Section A

Ministry of Advanced Education.

Ministry of Agriculture and Lands.

Ministry of Employment and Income Assistance.

Ministry of Labour and Citizens’ Services.

Ministry of Small Business and Revenue.

Ministry of Transportation.


PRIVATE MEMBERS’ TIME

(Monday morning only)

(See Schedule D)


PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE

COMMITTEE

Committee —

Bill (No. 16) intituled Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, PRINTED. Hon. Minister of Energy, Mines and Petroleum Resources. (Section 6.)

Committee —

Bill (No. 18) intituled Greenhouse Gas Reduction (Cap and Trade) Act, PRINTED. Hon. Minister of Environment and Minister Responsible for Water Stewardship and Sustainable Communities.

Committee —

Bill (No. 20) intituled Oil and Gas Activities Act, PRINTED. Hon. Minister of Energy, Mines and Petroleum Resources.

ADJOURNED DEBATE ON SECOND READING

Adjourned Debate on Second Reading —

Bill (No. 14) intituled Transportation Investment (Port Mann Twinning) Amendment Act, 2008, PRINTED. Hon. Minister of Transportation. (The Hon. K. Falcon 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. 21) intituled Medicare Protection Amendment Act, 2008, PRINTED. Hon. Minister of Health.

Second Reading —

Bill (No. 22) intituled Health Care Costs Recovery Act, PRINTED. Hon. Minister of Health.

Second Reading —

Bill (No. 23) intituled Public Health Act, PRINTED. Hon. Minister of Health.

Second Reading —

Bill (No. 24) intituled E-Health (Personal Health Information Access and Protection of Privacy) Act, PRINTED. Hon. Minister of Health.

Second Reading —

Bill (No. 25) intituled Health Professions (Regulatory Reform) Amendment Act, 2008, PRINTED. Hon. Minister of Health.

Second Reading —

Bill (No. 26) intituled Health Statutes Amendment Act, 2008, PRINTED. Hon. Minister of Health.

Second Reading —

Bill (No. 27) intituled Local Government (Green Communities) Statutes Amendment Act, 2008, PRINTED. Hon. Minister of Community Services and Minister Responsible for Seniors’ and Women’s Issues.

Second Reading —

Bill (No. 28) intituled Wills, Estates and Succession Act, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism.

Second Reading —

Bill (No. 29) intituled Environment (Species and Public Protection) Statutes Amendment Act, 2008, PRINTED. Hon. Minister of Environment.

Second Reading —

Bill (No. 30) intituled Resource Road Act, PRINTED. Hon. Minister of Forests and Range and Minister Responsible for Housing.

Second Reading —

Bill (No. 32) intituled Trade, Investment and Labour Mobility Agreement Implementation Act, PRINTED. Hon. Minister of Economic Development and Minister Responsible for the Asia-Pacific Initiative and the Olympics. (To be considered at the next sitting after today.)


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