Nos. 39 and 40 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Thursday, June 2, 2011

Ten o’clock a.m.

Prayers by Ms. MacDiarmid.

The Speaker delivered his reserved decision as follows:

Honourable Members:

On Wednesday, June 1st the House Leader of the Official Opposition rose on a point of order relating to an earlier announcement of the Government House Leader concerning an alteration to the schedule that was tabled with a time allocation motion passed by the House relating to Standing Order 81.1 (2). The motion itself outlined in broad terms the Bills and Estimates which the Government wishes completed and disposed of on or before Thursday, June 2nd, at or before 5:30 p.m.

The schedule tabled with the motion outlines in some detail the time limits for completion of the business contemplated in the main motion.

It has been well established in all Commonwealth jurisdictions that the arrangement of House business is the sole prerogative of the Government House Leader, and indeed it is the Chair’s view that the schedule referred to is the Government House Leader’s plan for the timing of the unfinished business of the House, and as such, the Government House Leader is entitled to adjust the schedule as necessity arises. His power in this area is not open to question.

Mr. Les sought leave to introduce a bill without notice intituled Senate Nominee Election Act.

Leave not granted.

On the motion of Mr. Sultan, Bill (No. M 213) intituled Family Compensation Act Amendment 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.

On the motion of Mr. Sultan, Bill (No. M 214) intituled Limitation Act Amendment 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 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.

15  The Hon. R. Coleman moved —

Be it resolved that Mr. Craig James is hereby appointed Clerk of the Legislative Assembly; vice, Mr. E. George MacMinn, O.B.C., Q.C., as and from September 1, 2011, and that Mr. E. George MacMinn, O.B.C., Q.C., is hereby appointed as Clerk Consultant as and from September 1, 2011, for a term of twenty-four (24) months and that during that term shall, for all purposes, be deemed to be an Officer of the Legislative Assembly.

And further that Ms. Kate Ryan-Lloyd be appointed Deputy Clerk of the Legislative Assembly and Chief Committee Clerk as and from September 1, 2011.

A debate arose.

The House divided.

Motion agreed to on the following division:

Yeas—47
Rustad
McIntyre
Thomson
Lekstrom
Bell
Yamamoto
McNeil
Chong
Lake
Polak
McRae
I. Black
Coell
Hawes
Krueger
Letnick
Sultan
Barnett
Lee
Dalton
Heed
Cadieux
Penner
Bloy
Coleman
Clark
Falcon
Bond
de Jong
Abbott
Hansen
MacDiarmid
Yap
Stilwell
Hayer
Cantelon
Les
Pimm
Hogg
Howard
Stewart
Foster
van Dongen
Horne
Bennett
Thornthwaite
Slater
Nays—31
James
S. Simpson
Horgan
Dix
Ralston
Kwan
Fleming
Lali
Austin
Conroy
Brar
Donaldson
D. Routley
Hammell
Elmore
Bains
Mungall
Karagianis
Chandra Herbert
Krog
Simons
Chouhan
Popham
Fraser
B. Routley
Macdonald
Coons
D. Black
Thorne
Sather
Huntington

Bill (No. 11) intituled Yale 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.

(In Committee — Section A)


Section A of Committee of Supply reported progress of the estimates of the Office of the Premier.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 11.56 a.m.

Thursday, June 2, 2011

One-Thirty o’clock p.m.

Ms. McIntyre advised the House of the death of Allan Williams, Q.C., a former Member of the Legislative Assembly.

By leave, on the motion of Mr. Les, Bill (No. M 215) intituled Senate Nominee Election 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.

On the motion of Mr. S. Simpson, Bill (No. M 216) intituled Poverty Reduction 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.

On the motion of Mr. Chouhan, Bill (No. M 217) intituled Workplace Bullying Prevention 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 Hon. C. Clark (Premier) made a ministerial statement regarding her letter to the Rt. Hon. Stephen Harper, Prime Minister of Canada, concerning the possibility of an increase to the number of seats in the House of Commons for British Columbia.

Mr. Dix made a statement.

The Hon. K. Falcon (Minister of Finance and Deputy Premier) tabled the Report of Guarantees and Indemnities Authorized and Issued for Fiscal Year Ended March 31, 2010.

The Hon. H. Bloy (Minister of Social Development and Minister Responsible for Multiculturalism) tabled the Report on Multiculturalism, 2009/10.

Ms. Hammell presented a petition regarding wireless smart meters.

The House proceeded to “Orders of the Day.”

By leave, the Hon. R. Coleman 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 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. R. Coleman moved —

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

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

(a) 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;

(b) Prepare a report no later than November 15, 2011 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) Ombudsperson

(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. The Select Standing Committee on Finance and Government Services shall 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 the Legislative Assembly.

Motion agreed to.

By leave, the Hon. R. Coleman moved —

That the Select Standing Committee on Legislative Initiatives be empowered to examine and inquire into all such matters and things as shall be referred to them by this House or pursuant to the Recall and Initiative Act, as the case may be, and to report from time to time their observations and opinions thereon, with power to send for persons, papers, and records, as the Committee requires.

Motion agreed to.

By leave, the Hon. R. Coleman moved —

1. That the reports of the Auditor General of British Columbia deposited with the Speaker of the Legislative Assembly during the Third Session of the thirty-ninth 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.

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.

By leave, the Hon. R. Coleman moved —

That the Select Standing Committee on Health be empowered to:

1. Examine the projected impact on the provincial health care system of demographic trends to the year 2036 on a sustainable health care system for British Columbians.

2. Outline potential alternative strategies to mitigate the impact of the baby boomers on the provincial health system, and

3. Identify current public levels of acceptance toward the alternative strategies.

In addition to the powers previously conferred upon the Select Standing Committee on Health, 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 such 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. R. Coleman moved —

That a Special Committee be appointed to unanimously recommend to the House the appointment of a Representative for Children and Youth, pursuant to section 2 of the Representative for Children and Youth Act, and that the said Special Committee shall have the powers of a Select Standing Committee and in addition is 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 such 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. R. Coleman moved —

That a Special Committee on Cosmetic Pesticides be appointed to examine, inquire into and make recommendations with respect to the elimination of the unnecessary use of pesticides in British Columbia and to conduct consultations on this issue with the public and key stakeholders, by any means the Special Committee considers appropriate.

Without limiting the generality of the foregoing to consider, the Special Committee shall specifically consider:

1. The scope of any ban on the sale and use of pesticides, including those used solely for cosmetic purposes; and

2. Any appropriate exemptions and restrictions on the sale and use, which may apply.

The Special Committee shall provide recommendations to the Legislative Assembly with respect to the development and implementation of legislative provisions regarding the unnecessary use of pesticides.

The Special Committee so appointed shall have all the powers of a Select Standing Committee and is also 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 such 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.

Order called for Committee of Supply.

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

Bill (No. 11) intituled Yale First Nation Final Agreement Act was again committed and reported complete without amendment.

On the motion for third reading of Bill (No. 11), the House divided.

Motion agreed to on the following division:

Yeas—78
Rustad
McIntyre
Reid
Thomson
Lekstrom
Bell
Yamamoto
McNeil
Chong
Lake
Polak
McRae
I. Black
Coell
Hawes
Krueger
Letnick
Sultan
Barnett
Lee
Dalton
Heed
Cadieux
Penner
Bloy
Coleman
Clark
Falcon
Bond
de Jong
Abbott
Hansen
MacDiarmid
Yap
Stilwell
Hayer
Cantelon
Les
Pimm
Hogg
Howard
James
S. Simpson
Horgan
Dix
Ralston
Kwan
Fleming
Lali
Austin
Conroy
Brar
Donaldson
D. Routley
Huntington
Stewart
Foster
van Dongen
Hammell
Trevena
Elmore
Bains
Mungall
Karagianis
Chandra Herbert
Krog
Chouhan
Fraser
B. Routley
Macdonald
Coons
Horne
Bennett
Thornthwaite
Slater
D. Black
Thorne
Sather
Nays—1
B. Simpson

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

Sections 3 through 10 of Bill (No. 8) passed, on division.

Bill (No. 8) was reported complete without amendment, read a third time and passed.

Bill (No. 13) intituled Miscellaneous Statutes Amendment Act (No. 2), 2011 was committed.

Sections 34 through 137 of Bill (No. 13) passed, on division.

Bill (No. 13) reported complete with amendment and by leave, read a third time and passed.

Bill (No. 15) intituled Municipalities Enabling and Validating Act (No. 4) was committed.

Sections 2 through 8 of Bill (No. 15) passed, on division.

The motion that the Committee rise and report Bill (No. 15) complete without amendment passed, on division.

Bill (No. 15) reported complete without amendment, read a third time and passed, on division.

(In Committee — Section A)

1. Resolved, That a sum not exceeding $68,862,000 be granted to Her Majesty to defray the expenses of Legislation, to 31st March, 2012.

2. Resolved, That a sum not exceeding $15,752,000 be granted to Her Majesty to defray the expenses of Officers of the Legislature, Auditor General, to 31st March, 2012.

3. Resolved, That a sum not exceeding $480,000 be granted to Her Majesty to defray the expenses of Officers of the Legislature, Conflict of Interest Commissioner, to 31st March, 2012.

4. Resolved, That a sum not exceeding $8,134,000 be granted to Her Majesty to defray the expenses of Officers of the Legislature, Elections BC, to 31st March, 2012.

5. Resolved, That a sum not exceeding $4,906,000 be granted to Her Majesty to defray the expenses of Officers of the Legislature, Information and Privacy Commissioner, to 31st March, 2012.

6. Resolved, That a sum not exceeding $1,062,000 be granted to Her Majesty to defray the expenses of Officers of the Legislature, Merit Commissioner, to 31st March, 2012.

7. Resolved, That a sum not exceeding $5,372,000 be granted to Her Majesty to defray the expenses of Officers of the Legislature, Ombudsperson, to 31st March, 2012.

8. Resolved, That a sum not exceeding $2,796,000 be granted to Her Majesty to defray the expenses of Officers of the Legislature, Police Complaint Commissioner, to 31st March, 2012.

9. Resolved, That a sum not exceeding $7,317,000 be granted to Her Majesty to defray the expenses of Officers of the Legislature, Representative for Children and Youth, to 31st March, 2012.

10. Resolved, That a sum not exceeding $9,455,000 be granted to Her Majesty to defray the expenses of Office of the Premier, Office of the Premier, to 31st March, 2012.

24. Resolved, That a sum not exceeding $345,444,000 be granted to Her Majesty to defray the expenses of Ministry of Energy and Mines, Housing, to 31st March, 2012.


Section A of Committee of Supply reported the Resolutions and completion of the estimates of Legislation, Officers of the Legislature, Office of the Premier and the Ministry of Energy and Mines.

Report to be considered forthwith.

By agreement, summary of debate of estimates passed in Section A (Legislation, Officers of the Legislature, Office of the Premier and the Ministry of Energy and Mines) to be considered at the next sitting.

The Hon. K. Falcon moved —

That the reports of resolutions from the Committees of Supply on May 3, 5, 9, 11, 17, 18, 19, 25, 30 and 31, and on June 1 and 2 be now received, taken as read and agreed to.

Motion agreed to, on division.

The Hon. K. Falcon moved —

That there be granted from and out of the Consolidated Revenue Fund the sum of 34 billion, 214 million, 819 thousand dollars. This sum includes that authorized to be paid under section 1 of the Supply Act (No. 1), 2011 and is granted to Her Majesty towards defraying the charges and expenses of the public service of the province for the fiscal year ending March 31, 2012.

Motion agreed to.

The Hon. K. Falcon moved —

That there be granted from and out of the Consolidated Revenue Fund the sum of 742 million, 726 thousand dollars. This sum includes that authorized to be paid under section 2 of the Supply Act (No. 1), 2011 and is granted to Her Majesty towards defraying the capital, loans, investments and other financing requirements of the province for the fiscal year ending March 31, 2012.

Motion agreed to.

The Hon. K. Falcon (Minister of Finance and Deputy Premier) presented to the Speaker a Message from His Honour the Administrator, which read as follows:

Lance Finch
Administrator

The Administrator transmits herewith Bill (No. 16) intituled Supply Act, 2011-2012 and recommends the same to the Legislative Assembly.

Vancouver Law Courts,

May 30, 2011.


Bill introduced and read a first time.

The Speaker declared a short recess for distribution of the Bill.

Bill permitted to be advanced all stages this day.

Bill (No. 16) was read a second time.

On the motion of the Hon. K. Falcon, Bill (No. 16) was referred to a Committee of the Whole House to be considered forthwith.

Bill (No. 16) was committed, reported complete without amendment, read a third time and passed, on division.

The Speaker declared a short recess.

His Honour the Administrator having entered the House, and being seated in the Chair —

E. George MacMinn, Q.C., Clerk of the House, read the titles to the following Acts:

Bill (No. 2) Budget Measures Implementation Act, 2011.

Bill (No. 4) Harmonized Sales Tax (HST) Initiative Vote and Referendum Act.

Bill (No. 5) New West Partnership Trade Agreement Implementation Act.

Bill (No. 6) Civil Forfeiture Amendment Act, 2011.

Bill (No. 7) Miscellaneous Statutes Amendment Act, 2011.

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

Bill (No. 9) Prevention of Cruelty to Animals Amendment Act, 2011.

Bill (No. 10) Wills, Estates and Succession Amendment Act, 2011.

Bill (No. 11) Yale First Nation Final Agreement Act.

Bill (No. 12) Police (Independent Investigations Office) Amendment Act, 2011.

Bill (No. 13) Miscellaneous Statutes Amendment Act (No. 2), 2011.

Bill (No. 14) Coastal Ferry Amendment Act, 2011.

Bill (No. 15) Municipalities Enabling and Validating Act (No. 4).

His Honour was pleased in Her Majesty’s name to give assent to the said Acts.

The said assent was announced by E. George MacMinn, Q.C., Clerk of the House, in the following words:

“In Her Majesty’s name, His Honour the Administrator doth assent to these Acts.”

E. George MacMinn, Q.C., Clerk of the House, read the title to the following Act:

Bill (No. 16) Supply Act, 2011-2012.

His Honour was pleased in Her Majesty’s name to give assent to the said Act.

The said assent was announced by E. George MacMinn, Q.C., Clerk of the House, in the following words:

“In Her Majesty’s name, His Honour the Administrator doth thank Her Majesty’s loyal subjects, accepts their benevolence, and assents to this Act.”

His Honour the Administrator was then pleased to retire.

The Hon. R. Coleman moved —

That the House, at its rising, do stand adjourned until it appears to the satisfaction of the Speaker, after consultation with the Government, that the public interest requires that the House shall meet, or until the Speaker may be advised by the Government that it is desired to prorogue the Third Session of the Thirty-ninth Parliament of the Province of British Columbia. The Speaker may give notice that he is so satisfied or has been so advised and thereupon the House shall meet at the time stated in such notice, and, as the case may be, may transact its business as if it has been duly adjourned to that time and date; and

That, in the event of the Speaker being unable to act owing to illness or other cause, the Deputy Speaker shall act in his stead for the purpose of this order.

Motion agreed to.

And then the House adjourned at 5.43 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF MOTIONS

Monday, June 6

16  Mr. S. Simpson to move —

Be it resolved that the Legislative Assembly of British Columbia establish a Mental Health Advocate for the province as an independent officer of the Legislature.

17  Mr. Chandra Herbert to move —

Be it resolved that this House recognize the vital role tourism plays in our provincial economy by urging the B.C. government to support the tourism industry, and the Official Opposition’s long-standing call to reinstate an independent performance-based funded tourism marketer for the Province of B.C.