Nos. 34 and 35 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Monday, May 30, 2011

Ten o’clock a.m.

Prayers by Mr. Letnick.

The certificate of the Acting Chief Electoral Officer of the result of the election of a Member was read by E. George MacMinn, Q.C., Clerk of the House, as follows:

“Acting Chief Electoral Officer,

“Elections BC

“Victoria, B.C., May 27, 2011

“Honourable Bill Barisoff
“Speaker of the Legislative Assembly
“Room 207, Parliament Buildings, Victoria, B.C. V8V 1X4

“Dear Mr. Speaker:

“On March 17, 2011, this office received your warrant advising of a vacancy in the Legislative Assembly resulting from the resignation of Gordon Campbell, member for the electoral district of Vancouver-Point Grey.

“On direction from the Lieutenant Governor in Council, I issued a writ of election for the electoral district of Vancouver-Point Grey on April 13, 2011, ordering a by-election be held to fill the vacancy. The writ specified General Voting Day to be May 11, 2011.

“The by-election was held in accordance with the provisions of the Election Act, and the completed writ of election has been returned to me.

“In accordance with section 147(2) of the Election Act, I hereby certify the following individual to be elected to serve as a Member of the Legislative Assembly:

Christy Clark for the electoral district of Vancouver-Point Grey.

“Sincerely,

“Craig James
“Acting Chief Electoral Officer”

On the motion of the Hon. R. Coleman (Government House Leader), it was Ordered

That the certificate of the Acting Chief Electoral Officer of the result of the election of the Member be entered upon the Journals of the House.

The Hon. Christy Clark, having taken the oath and signed the Parliamentary Roll, was introduced and took her seat.

The House proceeded to “Orders of the Day.”

Order called for “Private Members’ Statements.”

12  By leave, Mr. Sultan moved —

Be it resolved that this House support the efforts of our federally-qualified marine contractors 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.

A debate arose.

The debate continued.

Pursuant to Standing Order 25, division on the motion was deferred until 30 minutes prior to the ordinary time fixed for adjournment.

14  By leave, Ms. MacDiarmid moved —

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.

A debate arose.

The debate continued.

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

And then the House adjourned at 11.57 a.m.

Monday, May 30, 2011

One-Thirty o’clock p.m.

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

The Hon. R. Coleman presented the First Report of the Special Committee of Selection, which read as follows:

First Report

Oak Room Committee Room,

Parliament Buildings,

May 26, 2011

Mr. Speaker:

The Special Committee of Selection appointed on February 14, 2011 to prepare and report lists of members to compose the Committees of this House reports that the following is the list of members to compose the Select Standing Committees and Special Committees for the present Session:

Select Standing Committee on Aboriginal AffairsMurray Coell (Convener), Donna Barnett, Ron Cantelon, Marc Dalton, Kevin Krueger, Pat Pimm, Claire Trevena, Harry Lali, Doug Routley and Scott Fraser.

Select Standing Committee on Children and YouthJoan McIntyre (Convener), Kash Heed, Gordon Hogg, Douglas Horne, Kevin Krueger, Richard Lee, Claire Trevena, Leonard Krog, Mable Elmore and Nicholas Simons.

Select Standing Committee on Crown CorporationsJohn Rustad (Convener), Donna Barnett, Colin Hansen, Kevin Krueger, John Slater, Ralph Sultan, Kathy Corrigan, Gary Coons, Harry Bains and Bob Simpson.

Select Standing Committee on EducationGordon Hogg (Convener), Iain Black, Marc Dalton, Eric Foster, Norm Letnick, Dr. Margaret MacDiarmid, Robin Austin, Diane Thorne, Michelle Mungall and Michael Sather.

Select Standing Committee on Finance and Government ServicesRob Howard (Convener), Bill Bennett, Dave Hayer, Pat Pimm, Dr. Moira Stilwell, Jane Thornthwaite, Doug Donaldson, Bruce Ralston, Mable Elmore and Bill Routley.

Select Standing Committee on HealthNorm Letnick (Convener), Ron Cantelon, Colin Hansen, Dave Hayer, Dr. Margaret MacDiarmid, Dr. Moira Stilwell, Mike Farnworth, Sue Hammell, Katrine Conroy and Guy Gentner.

Select Standing Committee on Legislative InitiativesDave Hayer (Convener), Iain Black, Eric Foster, Richard Lee, Ben Stewart, Jane Thornthwaite, John Horgan, Rob Fleming, Maurine Karagianis and Shane Simpson.

Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private BillsIain Black (Convener), Donna Barnett, Murray Coell, Randy Hawes, John Les, Norm Letnick, Jagrup Brar, Mike Farnworth, Jenny Kwan and Harry Lali.

Select Standing Committee on Public AccountsBruce Ralston (Convener), Douglas Horne, Randy Hawes, John Les, Joan McIntyre, John Rustad, Ralph Sultan, John van Dongen, John Yap, Spencer Chandra Herbert, Kathy Corrigan, Lana Popham, Shane Simpson, Guy Gentner and Vicki Huntington.

Special Committee on Cosmetic PesticidesDr. Margaret MacDiarmid (Convener), Bill Bennett, John Slater, Ben Stewart, John Yap, Rob Fleming, Scott Fraser and Michael Sather.

Special Committee to Appoint a Representative for Children and YouthColin Hansen (Convener), Rob Howard, Ben Stewart, Dr. Moira Stilwell, Mable Elmore, Maurine Karagianis and Claire Trevena.

Hon. Rich Coleman, MLA,
Chair and Government House Leader

The Report was taken as read and received.

By leave of the House, the Hon. R. Coleman moved that the Report be adopted.

Motion agreed to.

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.

9  The Hon. B. Penner moved —

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.

A debate arose.

Motion agreed to.

10  The Hon. B. Penner moved —

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.

A debate arose.

Motion agreed to.

11  The Hon. K. Falcon moved —

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.

A debate arose.

The debate continued.

Pursuant to Standing Order 25, in consideration of Motion 12 regarding building contracts for Canadian Navy and Coast Guard large vessels, the House divided.

Motion agreed to nemine contradicente on the following division:

Yeas—78
Rustad
McIntyre
Reid
Thomson
Lekstrom
Bell
Yamamoto
McNeil
Chong
Polak
McRae
I. Black
Coell
Hawes
Krueger
Letnick
Sultan
Barnett
Lee
Dalton
Heed
Cadieux
Penner
Coleman
Clark
Falcon
Bond
de Jong
Abbott
Hansen
MacDiarmid
Yap
Stilwell
Hayer
Cantelon
Les
Pimm
Hogg
Howard
James
S. Simpson
Corrigan
Horgan
Dix
Farnworth
Ralston
Fleming
Lali
Austin
Brar
Donaldson
D. Routley
Huntington
Stewart
Foster
van Dongen
Hammell
Trevena
Elmore
Bains
Mungall
Karagianis
Krog
Simons
Popham
Fraser
B. Routley
Macdonald
Coons
B. Simpson
Horne
Bennett
Thornthwaite
Slater
D. Black
Thorne
Gentner
Sather

(In Committee — Section A)

32. Resolved, That a sum not exceeding $15,566,169,000 be granted to Her Majesty to defray the expenses of Ministry of Health, Ministry Operations, to 31st March, 2012.


Section A of Committee of Supply reported the Resolution and completion of the estimates of the Ministry of Health and further reported progress of the estimates of the Ministry of Transportation and Infrastructure.

Report to be considered later today.

Committee to sit again later today.

By agreement, summary of debate of estimates passed in Section A (Ministry of Health) to be considered at the next sitting.

The House recessed until 6.40 pm.

11  The House resumed debate on Motion 11 regarding the Harmonized Sales Tax.

The debate continued.

On the motion of Mr. Bains, 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 Attorney General.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 8.59 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF BILLS

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.