Nos. 21 and 22 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Tuesday, March 4, 2008

Ten o’clock a.m.

Prayers by Mr. Routley.

The Hon. M. Coell (Minister of Advanced Education and Minister Responsible for Research and Technology) presented a petition regarding pending ferry fare increases to coastal communities.

The Hon. R. Coleman (Minister of Forests and Range and Minister Responsible for Housing) 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. 8) intituled Forests and Range Statutes Amendment Act, 2008 and recommends the same to the Legislative Assembly.

Government House,

March 4, 2008.


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.

The House proceeded to “Orders of the Day.”

On the motion for second reading of Bill (No. 2) intituled Budget Measures Implementation Act, 2008, a debate arose.

The debate continued.

The House divided.

Motion agreed to on the following division:

Yeas—43
Falcon
Reid
Coell
Ilich
Chong
Christensen
Les
Richmond
Bell
van Dongen
Roddick
Hayer
Lee
Jarvis
Nuraney
Whittred
Horning
Cantelon
Thorpe
Hagen
Oppal
de Jong
Campbell
Taylor
Bond
Hansen
Abbott
Penner
Neufeld
Coleman
Hogg
Sultan
Bennett
Lekstrom
Mayencourt
Polak
Hawes
Yap
Bloy
MacKay
Black
McIntyre
Rustad
Nays—32
Hammell
S. Simpson
Fleming
Farnworth
James
Kwan
Ralston
B. Simpson
Cubberley
Austin
Brar
Thorne
Simons
Puchmayr
Fraser
Wyse
Sather
Horgan
Gentner
Dix
Trevena
Macdonald
Karagianis
Evans
Krog
Robertson
Chudnovsky
Chouhan
Coons
Routley
Lali
Conroy

Bill (No. 2) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

And then the House adjourned at 11.59 a.m.

Tuesday, March 4, 2008

One-Thirty o’clock p.m.

The Hon. I. Chong (Minister of Community Services and Minister Responsible for Seniors’ and Women’s Issues) 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. 7) intituled Local Government Statutes Amendment Act, 2008 and recommends the same to the Legislative Assembly.

Government House,

March 4, 2008.


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.

The Speaker made the following statement:

Honourable Members:

I would like to take a brief opportunity to address the use of electronic devices, such as laptop computers, cell phones and BlackBerry units, while in the Chamber.

As Members know, these devices may be used subject to specific restrictions, as outlined in a memo to you all on February 16, 2006.

All Members continue to have the obligation to ensure that these tools are used in a manner which does not disrupt the orderly conduct of the proceedings.

Electronic devices must be operated silently while in the legislative Chamber. Cell phone conversations are obviously not permitted, but it is imperative that these devices are set to silent mode while in the Chamber.

The use of technology in this Chamber must never impinge on the dignity or decorum of parliamentary proceedings. As Speaker, I reserve my right to direct any Member from discontinuing use of electronic devices if I find that the dignity of the House has been compromised.

As noted earlier in my 2006 memo:

1. Electronic devices are permitted to access textual information during designated proceedings only. They must not be used during the following proceedings:

a) During Speech from the Throne

b) During Royal Assent

c) During Budget Speech

d) During Prayers

e) During Question Period

f) During Points of Order

g) During Points of Privilege

h) During Speaker’s Rulings

i) During Votes (divisions)

j) When the Premier or Leader of the Official Opposition is speaking to the Speech from the Throne or the Budget Speech

k) At any other designated time pursuant to instructions by the Speaker.

2. Electronic devices must be programmed to operate silently.

3. Electronic devices must not be used by a Member who is in possession of the floor.

I trust that all Members will benefit from this further clarification on the use of electronic devices. We must ensure that these tools are used in a manner that maintains decorum in the Chamber and public trust and confidence in the Legislature.

Hon. Bill Barisoff, Speaker

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

Ms. Trevena presented a petition regarding pending ferry fare increases to coastal communities.

Mr. Fraser presented a petition regarding antifreeze containing ethylene glycol.

By leave, the Hon. M. de Jong moved —

That the Select Standing Committee on Children and Youth be appointed to be empowered to foster greater awareness and understanding among legislators and the public of the BC child welfare system, and in particular to:

1. Be the committee that receives and reviews the annual service plan from the Representative for Children and Youth (the “Representative”) that includes a statement of goals and identifies specific objectives and performance measures that will be required to exercise the powers and perform the functions and duties of the Representative during the fiscal year;

2. Be the committee to which the Representative reports, at least annually;

3. Refer to the Representative for investigation the critical injury or death of a child; and

4. Receive and consider all reports and plans delivered by the Representative (if any during the time period of these terms of reference) to the Speaker of the Legislative Assembly of British Columbia.

In addition to the powers previously conferred upon Select Standing Committees of the House, the Select Standing Committee on Children and Youth be empowered:

(a) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

(b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

(c) to adjourn from place to place as may be convenient; and

(d) to retain personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

That the Select Standing Committee on Crown Corporations be appointed to review the annual reports and service plans of British Columbia Crown Corporations.

In addition to the powers previously conferred upon the Select Standing Committee on Crown Corporations, the Committee be empowered:

(a) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

(b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

(c) to adjourn from place to place as may be convenient; and

(d) to retain personnel as required to assist the Committee,

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

That the Select Standing Committee on Finance and Government Services be empowered:

1. (a) To examine, inquire into and make recommendations with respect to the pre-budget consultation report prepared by the Minister of Finance in accordance with section 2 of the Budget Transparency and Accountability Act and, in particular, to:

(b) Conduct public consultations across British Columbia on proposals and recommendations regarding the provincial budget and fiscal policy for the coming fiscal year by any means the committee considers appropriate, including but not limited to public meetings, telephone and electronic means;

(c) Prepare a report no later than November 15, 2008 on the results of those consultations; and

2. (a) To consider and make recommendations on the annual reports, rolling three-year service plans and budgets of the following statutory officers:

(i) Auditor General

(ii) Chief Electoral Officer

(iii) Conflict of Interest Commissioner

(iv) Information and Privacy Commissioner

(v) Merit Commissioner

(vi) Ombudsman

(vii) Police Complaint Commissioner

(viii) Representative for Children and Youth; and

(b) To examine, inquire into and make recommendations with respect to other matters brought to the Committee’s attention by any of the Officers listed in 2 (a) above.

3. That the Select Standing Committee on Finance and Government Services be the committee referred to in sections 19, 20, 21 and 23 of the Auditor General Act and that the performance report in section 22 of the Auditor General Act be referred to the committee.

In addition to the powers previously conferred upon the Select Standing Committee on Finance and Government Services, the committee shall be empowered:

(a) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

(b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

(c) to adjourn from place to place as may be convenient; and

(d) to retain personnel as required to assist the Committee,

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to Legislative Assembly.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

1. That the reports of the Auditor General of British Columbia deposited with the Speaker of the Legislative Assembly during the fourth session of the thirty-eighth parliament be deemed referred to the Select Standing Committee on Public Accounts, with the exception of the report referred to in section 22 of the Auditor General Act which is referred to the Select Standing Committee on Finance and Government Services, and in addition that the following reports of the Auditor General of British Columbia be referred to the Select Standing Committee on Public Accounts:

Audit Reports:

• Report No. 3, 2007/08: A Review of the Vancouver Convention Centre Expansion Project: Governance and Risk Management

• Report No. 5, 2007/08: Preventing Fatalities and Serious Injuries in B.C. Forests: Progress Needed

• Report No. 6, 2007/08: Literacy: Creating the Conditions for Reading and Writing Success

Follow-up Reports:

• Report No. 8, 2004/2005: Follow-up of 2002/2003 Report 5: Managing Contaminated Sites on Provincial Lands (November 2004)

• Report No. 9, 2004/2005: Follow-up of Two Health Risk Reports: A Review of Performance Agreements; Information Use in Resource Allocation (December 2004)

• Report No. 12, 2004/2005: Third Follow-up of 2000/2001 Report 4: Management Consulting Engagements in Government (March 2005)

• Report No. 1, 2005/2006: Follow-up of the Recommendations of the Select Standing Committee on Public Accounts contained in its Fourth Report of the 3rd Session of the 36th Parliament: Earthquake Preparedness; Performance Audit (May 2005)

• Report No. 2, 2005/2006: Joint Follow-up of 2001/2002 Report 1: Managing Interface Fire Risks and Firestorm 2003 Provincial Review (May 2005)

• Report No. 7, 2006/2007: Follow-up of 2003/2004 Report 4: Alternative Payments to Physicians: A Program in Need of Change (February 2006)

• Report No. 4, 2007/2008: Follow-up of 2004/2005 Report 3: Preventing and Managing Diabetes in British Columbia (December 2007)

Other:

BC’s Auditor General comments on Sea-to-Sky Highway Improvement Project Report (December 21, 2005)

2. That the Select Standing Committee on Public Accounts be the committee referred to in sections 2, 6, 7, 10, 13 and 14 of the Auditor General Act.

In addition to the powers previously conferred upon the Select Standing Committee on Public Accounts, the Committee be empowered:

(a) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

(b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

(c) to adjourn from place to place as may be convenient; and

(d) to retain personnel as required to assist the Committee,

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

The House proceeded to “Orders of the Day.”

On the motion for second reading of Bill (No. 5) intituled Ministerial Accountability Bases Act, 2007-2008, a debate arose.

The debate continued.

The House divided.

Motion agreed to on the following division:

Yeas—42
Falcon
Reid
Ilich
Chong
Christensen
Les
Richmond
Bell
van Dongen
Roddick
Hayer
Lee
Jarvis
Nuraney
Whittred
Horning
Cantelon
Thorpe
Hagen
Oppal
de Jong
Campbell
Taylor
Bond
Hansen
Abbott
Penner
Neufeld
Coleman
Hogg
Sultan
Bennett
Lekstrom
Mayencourt
Polak
Hawes
Yap
Bloy
MacKay
Black
McIntyre
Rustad
Nays—30
Hammell
S. Simpson
Fleming
Farnworth
Kwan
Ralston
B. Simpson
Cubberley
Austin
Brar
Thorne
Simons
Puchmayr
Fraser
Wyse
Horgan
Gentner
Dix
Trevena
Macdonald
Karagianis
Evans
Krog
Robertson
Chudnovsky
Chouhan
Coons
Routley
Lali
Conroy

Bill (No. 5) 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 Address in Reply to the Speech of His Honour the Lieutenant Governor at the opening of the Session.

The debate continued.

Mr. Chudnovsky reserved his right to raise a matter of privilege.

On the motion of the Hon. G. Hogg, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 6.22 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF MOTIONS

Wednesday, March 5

37  The Hon. M. de Jong to move —

Be it resolved that this House hereby authorizes the Committee of Supply for this Session to sit in two sections designated Section A and Section B; Section A to sit in such Committee Room as may be appointed from time to time, and Section B to sit in the Chamber of the Assembly, subject to the following rules:

1. The Standing Orders applicable to the Committee of the Whole House shall be applicable in both Sections of the Committee of Supply save and except that in Section A, a Minister may defer to a Deputy Minister to permit such Deputy to reply to a question put to the Minister.

2. All Estimates shall stand referred to Section A, save and except those Estimates as shall be referred to Section B on motion without notice by the Government House Leader, which motion shall be decided without amendment or debate and be governed by Practice Recommendation #6 relating to Consultation.

3. Section A shall consist of 18 Members, being 11 Members of the B.C. Liberal Party and 7 Members of the New Democratic Party. In addition, the Deputy Chair of the Committee of the Whole, or his or her nominee, shall preside over the debates in Section A. Substitution of Members will be permitted to Section A with the consent of that Member’s Whip, where applicable, otherwise with the consent of the Member involved. For the fourth session of the Thirty-eighth Parliament, the Members of Section A shall be as follows: the Minister whose Estimates are under consideration and Messrs. Bennett, Cantelon, Hayer, Horning, Jarvis, Lee, Lekstrom, and Nuraney, and Ms. McIntyre, and Roddick and Messrs. Bains, Chouhan, Cubberley, Evans, Farnworth, Fraser and Ms. Conroy.

4. At fifteen minutes prior to the ordinary time fixed for adjournment of the House, the Chair of Section A will report to the House. In the event such report includes the last vote in a particular ministerial Estimate, after such report has been made to the House, the Government shall have a maximum of eight minutes, and the Official Opposition a maximum of five minutes, and all other Members (cumulatively) a maximum of three minutes to summarize the Committee debate on a particular ministerial Estimate completed, such summaries to be in the following order:

(1) Other Members;

(2) Opposition; and

(3) Government.

5. Section B shall be composed of all Members of the House.

6. Divisions in Section A will be signalled by the ringing of the division bells four times.

7. Divisions in Section B will be signalled by the ringing of the division bells three times at which time proceedings in Section A will be suspended until completion of the division in Section B.

8. Section A is hereby authorized to consider Bills referred to Committee after second reading thereof and the Standing Orders applicable to Bills in Committee of the Whole shall be applicable to such Bills during consideration thereof in Section A, and for all purposes Section A shall be deemed to be a Committee of the Whole. Such referrals to Section A shall be made upon motion without notice by the Minister responsible for the Bill, and such motion shall be decided without amendment or debate. Practice Recommendation #6 relating to Consultation shall be applicable to all such referrals.

9. Bills or Estimates previously referred to a designated Committee may at any stage be subsequently referred to another designated Committee on motion of the Government House Leader or Minister responsible for the Bill as hereinbefore provided by Rule Nos. 2 and 8.