Nos. 32 and 33 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Thursday, May 26, 2011

Ten o’clock a.m.

Prayers by Mr. Simons.

The House proceeded to “Orders of the Day.”

Order called for Committee of Supply.

Pursuant to Sessional Order, order called for Section A of Committee of Supply.

On the motion for second reading of Bill (No. 12) intituled Police (Independent Investigations Office) Amendment Act, 2011, a debate arose.

The debate continued.

On the motion of Ms. Kwan the debate was adjourned to the next sitting of the House.

(In Committee — Section A)


Section A of Committee of Supply reported progress of the estimates of the Ministry of Health.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 11.52 a.m.

Thursday, May 26, 2011

One-Thirty o’clock p.m.

On the motion of Mr. Chandra Herbert, Bill (No. M 207) intituled Gender Identity and Expression Human Rights Recognition Act, 2011 was introduced, read a first time, and Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.

The Hon. I. Chong (Minister of Community, Sport and Cultural Development) presented to the Speaker a Message from His Honour the Administrator, which read as follows:

Robert Bauman
Administrator

The Administrator transmits herewith Bill (No. 15) intituled Municipalities Enabling and Validating Act (No. 4) and recommends the same to the Legislative Assembly.

Vancouver Law Courts,

May 25, 2011.


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.

On the motion of Mr. Sather, Bill (No. M 208) intituled Fair Chase Act was introduced, read a first time, and Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

The House proceeded to “Orders of the Day.”

Order called for Committee of Supply.

Pursuant to Sessional Order, order called for Section A of Committee of Supply.

The House resumed the adjourned debate on the motion for second reading of Bill (No. 12) intituled Police (Independent Investigations Office) Amendment Act, 2011.

The debate continued.

Bill (No. 12) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

Bill (No. 10) intituled Wills, Estates and Succession Amendment Act, 2011 was committed, reported complete without amendment, read a third time and passed.

Bill (No. 9) intituled Prevention of Cruelty to Animals Amendment Act, 2011 was committed, reported complete with amendment, and by leave, read a third time and passed.

Bill (No. 8) intituled International Interests in Mobile Equipment (Aircraft Equipment) Act was committed.

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

Bill to be considered at the next sitting.

(In Committee - Section A)


Section A of Committee of Supply reported progress of the estimates of the Ministry of Finance.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 5.54 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF BILLS

Monday, May 30

Mr. Sultan to introduce a Bill intituled Family Compensation Act Amendment Act, 2011.

Mr. Sultan to introduce a Bill intituled Limitation Act Amendment Act, 2011.

Mr. Fleming to introduce a Bill intituled Species at Risk Protection Act, 2011.

Tuesday, May 31

Ms. Hammell to introduce a Bill intituled Access to Prostate Cancer Screening Act, 2011.

Mr. Letnick to introduce a Bill intituled Emergency Intervention Disclosure Act.

NOTICE OF MOTIONS

Monday, May 30

9  The Hon. B. Penner to move —

That pursuant to section 6(2) of the Judicial Compensation Act the Legislative Assembly reject seven of the fifteen recommendations of the Final Report of the 2010 British Columbia Judges Compensation Commission as laid before this Assembly on May 3, 2011, as unfair and unreasonable for the reasons outlined in the Government Response to the Report of the 2010 Judges Compensation Commission filed in this House today:

1. The recommended salary increase for April 1, 2013 to March 31, 2014 of an amount based on the cumulative change in the British Columbia Consumer Price Index (the “BC-CPI”) over the preceding three-year period is rejected. The salary increase for April 1, 2013 to March 31, 2014 is set at zero.

2. The recommended increase in the pension accrual rate for judges from 3% to 3.5% effective April 1, 2013 is rejected. The pension accrual rate is set at 3%.

3. The recommended increase in the pension contribution period for judges from age 71 to age 75 effective April 1, 2011 is rejected. The end of the pension contribution period is set at age 71.

4. The recommendation that the cost of long-term disability benefits be separately funded by government outside of the budget of the Office of the Chief Judge is rejected. The method for budgeting the cost of long-term disability benefits will remain within the budget of the Office of the Chief Judge.

5. The recommendation that long-term disability benefits be extended to judges to age 75, effective April 1, 2011 is rejected but in substitution the long term disability benefits to judges will be extended to age 75 commencing on April 1, 2013.

6. The recommendation that judges be enrolled in the government flexible benefits plan, effective April 1, 2011 is rejected but in substitution the judges will be enrolled in the government flexible benefits plan, commencing April 1, 2013.

7. The recommendation that, effective April 1, 2011, the Senior Judges Program be expanded by an amendment to the Judicial Compensation Act is rejected. The recommendation to increase the possible number of sitting days for senior part-time judges at the discretion of the Chief Judge, with a three-year “sunset clause” is rejected. The following recommendation is substituted:

a. the Legislative Assembly accepts in principle that part-time judges should be permitted to exceed the existing remuneration caps but recognizes this requires legislative amendment at a future sitting and is outside the scope of the Judges Compensation Commission;

b. the Legislative Assembly recommends that the remuneration caps limiting a senior part-time judge’s salary to no more than 40% of the salary of a full-time sitting judge and the combination of salary and pension benefits to no more than 100% of the salary of a full-time sitting judge be removed;

c. the Legislative Assembly recommends that a future legislative amendment should allow the Chief Judge, using discretion and if adequate budgetary resources exist, to authorize one or more part-time judges to provide coverage to meet urgent and unforeseen needs resulting from illness or injury; and

d. the Legislative Assembly also accepts that these changes should be reviewed after three years.

That the Legislative Assembly accept the remaining recommendations contained in the report.

10  The Hon. B. Penner to move —

That pursuant to section 6(2) of the Judicial Compensation Act the Legislative Assembly reject six out of the ten recommendations of the Report and Recommendations of the 2010 British Columbia Judicial Justices Compensation Commission as laid before this Assembly on May 3, 2011, as unfair and unreasonable for the reasons outlined in Government Response to the Report of the 2010 Judicial Justices Compensation Commission filed in this House today:

1. The recommended salary increase for full-time JJPs for April 1, 2013 to March 31, 2014 of 8% is rejected as unreasonable and unfair. The salary increase for April 1, 2013 to March 31, 2014 is set at zero.

2. The recommendation amending the compensation formula for per diem JJPs is rejected. The compensation formula for per diem JJPs will remain unchanged.

3. The recommendation that the compensation formula for per diem JJPs should be applied equally to ad hoc JJPs is rejected. The compensation formula for ad hoc JJPs will remain unchanged.

4. The recommended increase in the professional development allowance from $1,000 to $1,500 effective April 1, 2011 is rejected. The allowance will remain at $1,000.

5. The recommended extension of the professional development allowance to per diem and ad hoc JJPs is rejected as unfair and unreasonable. The allowance will continue to be available to full-time JJPs only.

6. The recommendation to enrol full-time JJPs in the flexible benefits program, effective April 1, 2011 is rejected but in substitution full-time JJPs will be enrolled in the flexible benefits program commencing April 1, 2013.

That the Legislative Assembly accepts the remaining recommendations contained in the report.

11  The Hon. K. Falcon to move —

That the Legislative Assembly authorizes and directs that the Minister of Finance must act as follows:

(a) In relation to the Comprehensive Integrated Tax Coordination Agreement entered into between British Columbia and Canada on November 30, 2009, further amended on March 2, 2010, to authorize Canada to introduce a Harmonized Sales Tax (HST) in British Columbia effective July 1, 2010, of which the provincial portion of that rate is 7%, the Minister of Finance must:

(i) immediately advise the Minister of Finance for the Government of Canada that, in the case that the Chief Electoral Officer announces that the result of the Harmonized Sales Tax referendum held under the Referendum Act commencing June 13, 2011 is that more than 50% of the validly cast ballots vote “No” on the question, then the desire of British Columbia is to amend the provincial portion of the HST rate in British Columbia to the following:

(A) 6% effective July 1, 2012; and

(B) 5% effective July 1, 2014.

(ii) seek to conclude arrangements with the Government of Canada that reflect the conditions and rates in section (a) of this motion as soon as possible.

(b) If the Chief Electoral Officer announces that the result of the Harmonized Sales Tax referendum is that more than 50% of the validly cast ballots vote “No” on the question, the Minister of Finance must do the following:

(i) introduce by the end of the 2011 calendar year, or as soon as possible thereafter, measures in cooperation with the Government of Canada, that will result in one-time transitional assistance payments being made to British Columbians as follows:

(A) $175.00 for each child under the age of 18 years;

(B) $175.00 for each single senior person with an annual income up to $40,000.00, the benefit being gradually phased out at annual incomes over $40,000.00; and

(C) $350.00 for each senior couple with an annual family income up to $40,000.00, the benefit being gradually phased out at annual incomes over $40,000.00.

The Minister of Finance shall use existing appropriations within Budget 2011 to finance such transition payments in section (b)(i)(A),(B) and (C).

(ii) Prepare and introduce to the Legislative Assembly for approval, a bill to amend the Income Tax Act that would increase the provincial corporation income tax rate to 12%, from 10%, effective January 1, 2012.

(iii) Delay the introduction of the planned change referred to in the 2011 Budget speech to reduce the small business income tax rate from 2.5% to 0% on April 1, 2012.

12  Mr. Sultan to move —

Be it resolved that this House support the efforts of our federally-qualified marine contractor in acquiring contracts for building large vessels for the Canadian Navy and Coast Guard, recognizing that capitalizing on the $33 billion National Ship Procurement Strategy will expand British Columbia’s economy and shipbuilding expertise.

13  Mr. B. Simpson to move —

That the Standing Orders of the Legislative Assembly of British Columbia be amended as follows:

1. Section 60A be amended by striking out:“Select Standing Committee” wherever it appears and substituting “Standing Committee”

2. Section 68 be amended by deleting Standing Order 68 and substituting the following:

68 (1) At the commencement of the first Session of Parliament a Committee of Selection shall be appointed without notice, whose duty it shall be to prepare and report, with all convenient speed, lists of Members to compose the following Standing Committees of the House:

1. Aboriginal Affairs;

2. Education;

3. Finance and Government Services;

4. Health;

5. Public Accounts;

6. Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills;

7. Crown Corporations;

8. Legislative Initiatives;

9. Children and Youth;

10. Natural Resources and Environment.

List of Committees to be posted.

(2) The Clerk of the House shall post a list of the Standing Committees and Special Committees appointed during the Parliament.

3. Section 69, 70, 71, 78A, 80, 105 be amended by striking out “Select Standing” wherever it appears and substituting “Standing”

14  Ms. MacDiarmid to move —

Be it resolved that this House recognize the positive results that have arisen from government’s investment in a multi-faceted approach to reducing street homelessness, so that British Columbia’s most vulnerable citizens have access to stable and secure shelter and housing.