Nos. 14 and 15 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Monday, October 27, 2014

Ten o’clock a.m.

Prayers by Mr. Krog.

Mr. Krog made a personal statement.

The House proceeded to “Orders of the Day.”

Order called for “Private Members’ Statements.”

7  By leave, Mr. Chandra Herbert moved —

Be it resolved that the government rebuild confidence in our economy by introducing stronger protections for our province’s land, water, and air, and ensure stronger enforcement of those protections.

A debate arose.

The debate continued.

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

And then the House adjourned at 11.57 a.m.

Monday, October 27, 2014

One-thirty o’clock p.m.

Order called for “Members’ Statements.”

The Speaker delivered her reserved decision as follows:

Honourable Members:

On Thursday, October 23, the Member for Oak Bay-Gordon Head rose on a point of order. His question focused on whether a Member speaking to a main motion, who then moves a second reading amendment, can regain the floor after the defeat of his (or her) amendment to resume speaking to the main motion on any remaining or “banked time.”

I can confirm that earlier this calendar year, one Member spoke to a main motion, moved a hoist amendment, which was debated and rejected by the House, and then resumed his speech on the main motion for a few more minutes before yielding the floor.

This instance was not a common application in British Columbia or other jurisdictions. A review of records as far back as 2001 found no other instances of what appears to be a Member speaking twice to the main question.

Standing Order 42 confirms that a Member can speak only once to a question. But our rules do not provide the required clarity on whether a Member may “bank time” to continue main motion remarks after disposal of an amendment. When procedural questions arise, our Standing Orders refer us to British practice. Erskine May’s Parliamentary Practice, Twenty-first Edition (page 370), notes:

“A Member who moves an amendment cannot speak again on the main question after the amendment has been withdrawn or otherwise disposed of, since he has already spoken while the main question was before the House….”

Beauchesne’s Parliamentary Rules and Forms, Sixth Edition, an authoritative Canadian text, repeats the practice as set out in May.

These sources confirm that a Member moving an amendment at second reading stage cannot resume debate on the main motion following the disposal of the amendment. To do so, in essence, is permitting the Member to speak twice to the same question.

Of course, a Member who has spoken to the main motion and moved an amendment has opportunities to speak to any additional amendments that are subsequently proposed by other Members.

In closing, I thank all Members for their attention and thank the Member for Oak Bay-Gordon Head for raising the question.


Order called for “Oral Questions by Members.”

The Hon. M. de Jong (Minister of Finance) rose on a point of privilege regarding comments made by the Leader of the Official Opposition regarding the B.C. Oil and Gas Commission.

Mr. Farnworth made representations.

The Hon. S. Anton (Minister of Justice) tabled the following documents:

Public Guardian and Trustee Annual Report, 2013-2014; and,

British Columbia Ferry Commission Annual Report for the Fiscal Year Ending March 31, 2014.

Ms. Kwan reserved her right to raise a matter of privilege.

The Hon. A. Virk (Minister of Advanced Education) tabled correspondence to the Hon. Jason Kenney, MP, federal Minister of Citizenship, Immigration and Multiculturalism, dated July 10, 2012.

The House proceeded to “Orders of the Day.”

Bill (No. 3) intituled Canadian Pacific Railway (Stone and Timber) Settlement Act was again committed, reported complete without amendment, read a third time and passed.

The House resumed the adjourned debate on the motion for second reading of Bill (No. 2) intituled Greenhouse Gas Industrial Reporting and Control Act.

The debate continued.

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

And then the House adjourned at 6.27 p.m.



Wednesday, October 29

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

Ms. Mungall to introduce a Bill intituled Poverty Reduction and Economic Inclusion Act.